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Court of Claims Denies Temporary Restraining Order in Michigan Open Carry Case Against the Michigan Legislature
April 19, 2023
LANSING – Court of Claims Judge Thomas Cameron has denied the motion for a Temporary Restraining Order (TRO) on the matter of Michigan Open Carry, et al v Michigan House of Representatives, et al.
The Court held that Plaintiffs failed to:
(1) establish an immediate and irreparable injury;
(2) identify what Defendants’ specific rules are and how they violated them under the OMA; and,
(3) show that the balancing of harms and public interest weighed in favor of granting a TRO or order to show cause.
Michigan Open Carry and Great Lakes Gun Rights filed suit against the Michigan House of Representatives and Senate alleging violations of the Open Meetings Act (OMA). The Plaintiffs allege that they were denied the opportunity to address the public bodies following several Committee hearings in each legislative chamber which discussed firearms safety legislation. However, Michigan Open Carry did, in fact, testify at two of the meetings, and both Plaintiffs were able to submit testimony cards at all meetings and additionally had the opportunity to submit written testimony.
In its opinion and order, the Court explained that the “meetings at issue have occurred over the span of nearly two months, and so plaintiffs have had ample time to file this lawsuit and provide defendants with notice of their request for injunctive relief.”