imported post
Contents:
- Article
- Complaint to the Attorney General
- Disney's original memo (edited to remove personal information)
Snipped from:
- http://www.local6.com/news/16777761/detail.html?rss=orlpn&psp=news
- http://deseretnews.com/article/1,5143,700241675,00.html
- http://www.wmbb.com/gulfcoastwest/mbb/special_sections/advisory_council_jackson.apx.-content-articles-MBB-2008-07-08-0006.html
Before the law went into effect this week, Walt Disney World e-mailed its employees and said because it stores huge amounts of fireworks on the property, they are exempt and do not have to let workers with concealed weapons [permits] keep the guns locked in their cars.
The NRA responded to Disney on its Web site: "Disney is a prime offender when it comes to firing employees for exercising Second Amendment rights. There has never been any intention to exempt any part of Disney from the new law. We thought you'd like to see such arrogance."
There is an exemption in the new law for companies with explosives permits, however, Republican leaders said they never intended to exempt Disney -- which is Florida's largest private employer.
Edwin Sotomayor, 36, was fired Monday after refusing to let security managers at Disney's Animal Kingdom in Orlando search his car when he arrived for work on July 4. Earlier in the week, he had alerted the media that he would bring a gun onto Disney's property to protest its "ridiculous" stance that the company is exempt from a new law letting employees with permits keep guns in their locked cars, he said in an interview.
"He would not confirm or deny he had a weapon in his vehicle," Disney spokeswoman Zoraya Suarez said Tuesday. "He refused to allow a search of his vehicle. He was terminated for a violation of company policies, including failure to cooperate with an investigation."
Suarez said Disney, which operates theme parks and resorts in the Orlando area, is exempt from the new gun law because it stores fireworks. The law, enacted on July 1, doesn't apply to schools, jails and nuclear power plants or employers in national defense, aerospace, homeland security and explosives manufacturing and storage. "The exemption is clear," she said. "The safety of our guests is our top priority, and we don't want it compromised."
Supporters of the law say it protects a citizen's constitutional right to bear arms. The Florida Retail Federation and the state's Chamber of Commerce sued in federal court to strike it down, saying it exposes employees and customers to "physical harm and death." A judge is expected to rule later this month.
Sotomayor, who made $15.13 an hour, said he refused to let the managers see the Springfield XD .45-caliber gun that he brought in a box in the trunk of his white Chevy Impala. He said he'd never before brought a gun to work. "They said, 'We need to see your car,"' he said. "I said, 'No, the law says you cannot look into my car.' They asked me one question, 'Do you have a weapon in your car?' I said 'Maybe, maybe not. I cannot confirm or deny your question. Both possibilities are there."'
A native of the Bronx, New York, who was raised in Puerto Rico, he said that Disney's Animal Kingdom is "very safe." He said he was concerned for his safety on his 23-mile commute to work because of rising crime in central Florida.
The Florida Attorney General's office is receiving complaints against Walt Disney World for the firing, and is evaluating how to respond. The attorney general is responsible for enforcing the law. Spokeswoman Sandi Copes says the office will resolve the complaints on a case-by-case basis.
One complaint from Louis Berding, who says he works for Disney, accuses the theme park of using a legal loophole to take away his 2nd Amendment rights. Berding writes that he should be able to protect himself traveling to and from work.
Marion Hammer of the National Rifle Association argues the exemption does not cover Disney and calls their reading of the law "ludicrous."
Copes says the attorney general's office is encouraging anyone with a complaint about the law to contact the office. The hot line number is: 866-966-7226 or you can file an online complaint at
http://myfloridalegal.com/contact.nsf/contact. (See my complaint below.)
At one of the e-mails received by the attorney general supports Disney's decision to ban guns in its parking lots. Stefan Lowry of Indiatlantic writes that he would not want to take his family to Disney anymore if the park were to allow employees to have guns in their cars. Lowry says all it takes is one employee to snap and go on a rampage. He apparently believes all employees will abide by Disney's policy, but not Florida's laws against murder.
Many blogs and websites are prompting people to boycott Disney completely.
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Sent to
http://myfloridalegal.com/contact.nsf/contacton 7/10/2008
References:
HOUSE AMENDMENT Bill No. CS/HB 503:
http://www.myfloridahouse.gov/Sections/Documents/loaddoc.aspx?
BILL APPROVAL/EFFECTIVE DATE:
http://www.myfloridahouse.gov/Sections/Bills/billsdetail.aspx?BillId=37914
FLORIDA STATUTE 790.25:
http://www.myfloridahouse.gov/FileStores/Web/Statutes/FS07/CH0790/Section_0790.25.HTM
Subject: Disney Gun Ban
STATEMENT:
1.) Walt Disney World banned employees from legally possessing firearms on most company property, claiming exemption from Florida law created by CS/HB-503 in a memo dated June 27, 2008.
2.) Walt Disney World has fired an employee, Edwin Sotomayor, on July 7, after questioning him about legally storing a firearm in his vehicle parked on a Disney parking lot.
COMPLAINT:
Both actions (1) and (2) violate Florida Statute Title XLVI Chapter 790.251(4)(a), which specifically prohibits an employer from prohibiting an employee from possessing any legally owned firearm lawfully possessed & locked inside a private motor vehicle in a parking lot.
Action (2) violates 790.251(4)(b), which specifically prohibits an employer from taking action against an employee without due process of law.
Action (2) violates 790.251(4)(e), which specifically prohibits an employer from terminating an employee for legally storing a firearm.
RESOLUTION:
Per 790.251(6), I request the Attorney General enforce the protections afforded under 790.251 by commencing an investigation against Walt Disney World for cited actions (1) and (2), as the exemption 790.251(7)(e) does not apply to Walt Disney World, as Disney's primary business is not the use, storage, or transportation of explosive materials.
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Original Memo:
From: WDW NewsRoom
To: #WDW X Corporate Executive Cast - Florida; #WDW X Walt Disney Parks and Resorts Vice Presidents; #WDW X Walt Disney Parks and Resorts
Directors; #WDW X Walt Disney Parks and Resorts General Managers
Sent: Fri Jun 27 XXXXXXX 2008
Subject: Florida's Guns-At-Work Legislation
Below is a memo regarding the Florida Guns-at-Work law, effective July 1, 2008. Please share verbally with your teams, as appropriate.
*********************************************
To: Florida-site Executives Date: June 27, 2008
From: Shannon McAleavey,
Senior Vice President Public Affairs
Subject: Florida's Guns-at-Work Legislation
*********************************************
On July 1, a new Florida law will go into effect that will allow employees with a conceal-and-carry permit to have a weapon in their vehicle at their place of employment. This law does not apply to Walt Disney World Co. owned and leased properties due to an exemption.
This includes all theme parks, resorts, theme park and resort parking lots, Cast Member parking lots, administrative offices across the Walt Disney World(r) Resort, Downtown Disney(r), Disney's Wide World of Sports Complex, hotels on Hotel Plaza Boulevard, Celebration and the Disney Reservation Centers (Orlando and Tampa).
However, the law will apply to property owned by Reedy Creek Improvement District, Disney's Vero Beach Resort, the Disney Cruise Line Crew Member parking lot, the La Quinta warehouse on Orange Blossom Trail and Disney-owned liquidation stores off property.
Because this is a Florida law, it also does not apply to Disney's Hilton Head Island Resort.
Cast Members will continue to be prohibited from removing a weapon from their vehicle while at work. All Cast Members must comply with the gun policies in effect at the location they are visiting, regardless of where they work. For example, Disney's Vero Beach Cast Members must comply with the gun policies at a Walt Disney World Co. theme park when visiting that location.
Walt Disney World Co. continues to maintain a zero tolerance policy for guns and workplace violence.
Possession of dangerous or unauthorized materials such as explosives, firearms, ammunition, weapons or other similar items on Walt Disney World Co. owned or leased property is grounds for termination (as outlined in the Employee Policy Manual).
A lawsuit filed by the Florida Chamber of Commerce and Florida Retail Federation to repeal the law is under review, and we are hopeful it will be overturned by mid-July. We support the ongoing efforts of the Florida Chamber of Commerce and the Florida Retail Federation to challenge the legislation.
The safety of our Cast and Guests is our top priority. Please encourage your teams to practice safe behaviors at any location. In an emergency, Cast Members should dial 911. If a gun is seen or suspected to be at any location, Cast Members should immediately contact their local Human Resources representative or Walt Disney World Security at x1990 or 407-560-1990.
Thanks for your support in verbally sharing this information with your teams. I will update you when a final ruling is made in the lawsuit.
[end memo]
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