As killings in Gary hit epidemic levels in the late 1990s, the city fought back with a lawsuit against the gun industry, contending it flooded the city with illegal guns.
Spanning six Gary mayors and 25 years, the lawsuit dragged on through trial, appellate, and the state Supreme Court. It’s survived and has entered the discovery phase in Lake Superior Court John Sedia’s Hammond courtroom.
It’s running out of time now as GOP lawmakers aim to kill it.
House Bill 1235 reaches back 25 years to retroactively terminate the lawsuit, declaring that only the state can sue gun manufacturers.
The measure has been pushed through both chambers and is on track for Gov. Eric Holcomb to sign it once it clears a joint conference committee to address revisions. It could become law July 1.
Democrats, who are in extreme minorities in both chambers, can do little.
State Sen. Rodney Pol, D-Chesterton, is also a Gary corporation attorney and lead counsel in the long-running lawsuit.
Pol said Thursday there will be a final appeal to Holcomb from Gary Mayor Eddie Melton, a former well-respected member of the state Senate.
“Local governments have the right to fight back against bad actors, and I repeat, bad actors who they believe are harming their community,” Melton said in recent testimony against the bill sponsored by state Rep. Chris Jeter, R-Fishers.
GOP lawmakers argue the case has languished in the court system for decades without resolution. In 2015, one GOP senator called it “a beached whale.”
Pol countered it’s the gun industry that’s filed motion after motion to stall the case.
“They took away our ability to defend ourselves in a case that’s been going on for 25 years,” said Pol. “We’re just trying to get our day in court. That goes to show how powerful the gun industry is.”
Gary’s 1999 lawsuit, filed when Scott King was mayor, sued 11 gun manufacturers, one wholesaler and five retail gun shops alleging they engaged in illegal activity including straw purchases under the state’s nuisance statute.
In arguing its case, the city pointed to 70 killings in 1997 and 54 in 1998. From 1997 through 2000, 764 recovered handguns were sold by dealers named as defendants.
Gary Democrats in the House also fought passage of the bill.
“This bill is a targeted attack on the 20-year lawsuit… Although this lawsuit is from one city in Indiana, it has much broader applications,” said state Rep. Ragen Hatcher, D-Gary.
“It took decades for litigation to expose the dangerous marketing tactics perpetuated by tobacco companies. We can draw parallels between the Big Tobacco lawsuit and the Gary lawsuit to hold firearm manufacturers accountable for their irresponsible actions.”
State Rep. Vernon Smith, D-Gary, said the lawsuit has been successful in winning three appeals, allowing it to move forward.
“The legislature has no place in interfering in specific cases such as this….
“What the gun industry did to Gary was deceptive, intentional, money-grabbing effort without regard for the lives that were destroyed…” Smith said.
Even if the bill is passed, Pol isn’t giving up hope.
“The city is tough. We don’t lie down like that,” he said.
“This bill does nothing to help any other community. It just hurts Gary.”
Carole Carlson is a freelance reporter for the Post-Tribune.
