Old laws may play role in gun duel
State and U. could rely on similar territorial strategy
When attorneys representing the attorney general and the U. meet for oral arguments Monday before the Utah Supreme Court, it is expected that the state will rely, in part, upon territorial law to show that the university must comply with state law and not be allowed limited legal autonomy.
"We believe the gun issue is ultimately an academic issue," said Alan Sullivan, attorney for the University of Utah.
It has been a legal, and political, tug of war that has lasted more than two years. University officials say allowing people to carry guns on campus would stifle the academic atmosphere at the state-run institution. Officials point to provisions in the state constitution that grant the university limited autonomy from state law to maintain academic freedom. The university has had a policy banning guns on campus for 30 years.
In August of last year, 3rd District Judge Robert Hilder ruled in favor of the university's policy. The Utah Legislature fired back during its last session, passing SB48, which specified that the Legislature, not school officials, can set gun policies. Gov. Olene Walker signed the bill into law last March.
Burnett said the state may use an 1892 territorial law to argue before the Supreme Court. The law, which was enacted before Utah became a state, made it clear that the U. had to comply with the law of the territory as a "public corporation."
Sullivan says he sees the territorial laws as supporting the university's position. Pointing to territorial laws enacted in 1850, 1851 and 1892, Sullivan said territorial laws established the state Board of Regents and trustees of the U. and gave them authority over all academic issues on campus. Because the university sees guns on campus as an academic issue, they feel they have the better argument.
Under Utah law, guns can only be banned in courtrooms, jails, prisons, airports and mental health institutions.
If the Supreme Court rules in favor of the state, Sullivan said the issue is still pending in federal court and that the university may pursue that avenue.
Burnett said instead of fighting the state in court, university officials should take their case to the Legislature. "The Legislature is the body that has the power and the duty to make the laws in the state of Utah. If the university believes the law needs to be changed, the AG has said all along that they have a right to go to the Legislature," Burnett said.
E-mail: gfattah@desnews.com
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