Eddie Melton: Indiana lawmakers, let Gary finally have its day in court

As the new mayor of Gary, I will continue to pursue legal action in a case called City of Gary v. Smith & Wesson Corp. et al., a lawsuit filed decades ago against local dealers and the gun industry that prioritizes public safety.

That is, I will continue the action if the Indiana General Assembly will let me.

As a former state senator and minority floor leader, I can tell you I would vote against House Bill 1235, a bill specifically designed to stop the city of Gary’s lawsuit in its tracks after years of the defendants delaying and denying our case in the courts.

During my seven legislative sessions, I often heard arguments from senators expressing concern about issues that impacted a very different part of the state than what I represented in northwest Indiana.

I was always struck by their passion and tried to afford deference to priorities for their district, even when those priorities might not have been mine. I understood then and understand now that the diversity of our state is our strength—if we embrace our differences and seek to find common ground.

I also took note when my colleagues would argue that local elected officials, those closest to the people they serve, should be allowed to make governance decisions and not have Indianapolis dictate rules for their local communities. The fact that the legislators with their names on HB 1235 represent districts in central Indiana hundreds of miles from Gary is not lost on me.

After the city of Gary successfully combatted the defendants’ delaying tactics by winning three legal appeals in this ongoing litigation—including one before the Indiana Supreme Court—the defendants now are turning to their friends in the Legislature to preempt our community’s pursuit of justice in the courts.

The courts have said Gary’s lawsuit has merit and should be allowed to proceed because the crux of case is the alleged unlawful activity of the defendant gun manufacturers and dealers. Proponents of HB 1235 have falsely claimed the city is trying to hold defendants liable for the unlawful conduct of third parties, but every appellate court, after review of all the facts, has rightly held that a trial court should determine whether the defendants themselves acted unlawfully, as alleged.

Passage of HB 1235 would set a dangerous precedent for all Hoosiers. And it would set one industry—the gun industry—above the reach of the law. Passage of HB 1235 would say that if you are losing in the courts, simply change the law before an impartial jury of your peers can decide the case based upon the facts and evidence.

And that is just not right.

The Indiana General Assembly should not interfere in any ongoing court case, effectively putting its thumbs on the scales of justice to achieve a predetermined outcome favorable to one party or the other.

Rather, let the facts and evidence be presented to a jury and let the jury members weigh the merits of the case before rendering a decision. That is how our judicial system works and should in City of Gary v. Smith & Wesson Corp., et al., and all cases.

My former Senate colleagues should reject HB 1235—and they have it within their power to do so.

Anything else would be a tragic intentional injustice and the setting of a terrible precedent.

Everyone deserves their day in court. Let Gary have ours—finally.•

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Melton is the mayor of Gary and a former state senator.