Doug Huffman
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http://www.charleston.net/news/2007/nov/20/n_y_mayor_may_have_day_s_c_court22757/
The Post and Courier Tuesday, November 20, 2007
Circuit judge rules pawnshop owner can sue over gun sting
New York City Mayor Michael Bloomberg soon could find himself in a Berkeley County courtroom defending his decision to brand a Summerville pawnshop "a rogue gun dealer" that contributed to Big Apple violence.
Circuit Judge Roger Young ruled Monday that Larry Mickalis of Mickalis Pawn Shop can sue the mayor and New York City in S.C. courts for slander, fraud, conspiracy and emotional distress.
Mickalis alleges that the mayor and his representatives damaged his business and reputation by trying to falsely paint him as a nuisance gun dealer involved in illegal weapon sales.
Mickalis' lawyers, Justin Kahn and Carl Pierce, called Young's ruling a huge victory in their effort to clear Mickalis' name. They hope to travel to New York within 45 days to take depositions from Bloomberg and others involved in the case, they said.
"We're extremely pleased that Michael Bloomberg and the city of New York are going to have to account for their actions in front of a jury in South Carolina," Kahn said. "They have not shown us any evidence that Mr. Mickalis was involved in anything. They just engaged in a PR campaign that basically destroyed his good name."
Mickalis was one of 15 gun store owners across the country that Bloomberg sued in May 2006 for allegedly allowing guns to be sold illegally, contributing to violence on New York's streets. No fewer than 49 guns sold at Mickalis' shop were used in New York City crimes between 1994 and
2001, Bloomberg's federal lawsuit contends.
Mickalis denied breaking the law and filed a fraud and defamation suit against Bloomberg, the city of New York and various investigators working on the city's behalf. Mickalis contends that New York did shoddy undercover work in trying to prove he didn't follow gun-sale requirements.
Connie Pankratz, deputy communications director for the New York City law department, said Monday that a federal judge already has found that the city has demonstrated its claims against the gun dealers "with a high degree of probability."
"We look forward to presenting these facts in court," she said.
The city's lawyers tried to quickly torpedo Mickalis' lawsuit, arguing various issues of procedure, jurisdiction and immunity. Among other things, they argued that Mickalis failed to follow New York's municipal procedures for filing legal claims. They also contended that Bloomberg couldn't be sued as an individual in South Carolina because he was acting in his official capacity.
In a 36-page decision, Young brushed aside those arguments. He determined that Bloomberg and the city went after South Carolinians on their home turf and cannot now try to hide behind New York's municipal filing laws to shake off a lawsuit.
Young also ruled that Bloomberg could be sued as an individual because his alleged actions appear beyond the scope of his office. The defendants provided nothing to show that the mayor of New York has the power or authority to conduct civilian sting operations against federally licensed firearms dealers in South Carolina, the judge said.
Reach Glenn Smith at 937-5556 or gsmith@postandcourier.com.
http://www.charleston.net/news/2007/nov/20/n_y_mayor_may_have_day_s_c_court22757/
The Post and Courier Tuesday, November 20, 2007
Circuit judge rules pawnshop owner can sue over gun sting
New York City Mayor Michael Bloomberg soon could find himself in a Berkeley County courtroom defending his decision to brand a Summerville pawnshop "a rogue gun dealer" that contributed to Big Apple violence.
Circuit Judge Roger Young ruled Monday that Larry Mickalis of Mickalis Pawn Shop can sue the mayor and New York City in S.C. courts for slander, fraud, conspiracy and emotional distress.
Mickalis alleges that the mayor and his representatives damaged his business and reputation by trying to falsely paint him as a nuisance gun dealer involved in illegal weapon sales.
Mickalis' lawyers, Justin Kahn and Carl Pierce, called Young's ruling a huge victory in their effort to clear Mickalis' name. They hope to travel to New York within 45 days to take depositions from Bloomberg and others involved in the case, they said. "We're extremely pleased that Michael Bloomberg and the city of New York are going to have to account for their actions in front of a jury in South Carolina," Kahn said. "They have not shown us any evidence that Mr. Mickalis was involved in anything. They just engaged in a PR campaign that basically destroyed his good name."
Mickalis was one of 15 gun store owners across the country that Bloomberg sued in May 2006 for allegedly allowing guns to be sold illegally, contributing to violence on New York's streets. No fewer than 49 guns sold at Mickalis' shop were used in New York City crimes between 1994 and
2001, Bloomberg's federal lawsuit contends.
Mickalis denied breaking the law and filed a fraud and defamation suit against Bloomberg, the city of New York and various investigators working on the city's behalf. Mickalis contends that New York did shoddy undercover work in trying to prove he didn't follow gun-sale requirements.
Connie Pankratz, deputy communications director for the New York City law department, said Monday that a federal judge already has found that the city has demonstrated its claims against the gun dealers "with a high degree of probability."
"We look forward to presenting these facts in court," she said.
The city's lawyers tried to quickly torpedo Mickalis' lawsuit, arguing various issues of procedure, jurisdiction and immunity. Among other things, they argued that Mickalis failed to follow New York's municipal procedures for filing legal claims. They also contended that Bloomberg couldn't be sued as an individual in South Carolina because he was acting in his official capacity.
In a 36-page decision, Young brushed aside those arguments. He determined that Bloomberg and the city went after South Carolinians on their home turf and cannot now try to hide behind New York's municipal filing laws to shake off a lawsuit.
Young also ruled that Bloomberg could be sued as an individual because his alleged actions appear beyond the scope of his office. The defendants provided nothing to show that the mayor of New York has the power or authority to conduct civilian sting operations against federally licensed firearms dealers in South Carolina, the judge said.
Reach Glenn Smith at 937-5556 or gsmith@postandcourier.com.
