03/08/11 - VA AG: No obligation to protect college students

[allingeneral]

VCDL's meeting schedule: http://www.vcdl.org/meetings.html ---------------------------------------------------------------------- Abbreviations used in VA-ALERT: http://www.vcdl.org/help/abbr.html ----------------------------------------------------------------------

1. Lose-lose for students: Virginia Attorney General confirms that the Sta te has no legal obligation to protect a student 2. VCDL website, email, & blog down for maintenance TODAY from 4 PM to midn ight 3. Gun shows and events!

************************************************** 1. Lose-lose for students: Virginia Attorney General confirms that the Sta te has no legal obligation to protect a student **************************************************

The U.S. Supreme Court has stated several times over the years that there i s no legal obligation for the police to protect any individual citizen, onl y the community in general. Thus, as individuals, we are "on our own" to p rotect ourselves.

The Virginia Attorney General's Office has just released a statement basica lly saying the same thing about college and university students - there is no legal obligation by a college or university to protect any individual st udent. This is in reference to a case where a person who was raped is suin g the University of Mary Washington for 10 million dollars.

The problem comes with the arrogance of government: "Attention students! We, your benevolent college administration up in the Ivory Tower, have NO l egal obligation to protect your miserable little life and if you decide to carry a gun or other weapon to protect yourself, then we will kick you out of school so fast your head will spin! The choice is easy: go to school a nd be prepared to die as helpless sheep, or you won't get a college degree. Have a good day."

We need to allow students, faculty, and staff at public higher-education in stitutions to be able to protect themselves. Texas is about to make colleg e carry legal, Utah already allows college carry, as do some universities i n Colorado.

The Attorney General just further confirms the untenable situation that stu dents find themselves in and VCDL, with your help, is not going to let this matter end until VCDL has fixed the problem.

Thanks to Robert Herron for the link:

=46rom the Fredericksburg Freelance-Star: http://tinyurl.com/65vyx9w

UMW rape suit dismissal sought March 8, 2011 12:15 am

BY JEFF BRANSCOME

The University of Mary Washington had no reason to believe a student who was raped on campus in 2008 was in imminent danger, according to the state Attorney General's Office.

Nor did the university have a legal obligation to protect the student, who was a sophomore at the time of the crime, the office claims.

For those reasons, the Attorney General's Office has asked that a $10 million lawsuit against UMW be dismissed.

The suit filed on behalf of the rape victim

http://fredericksburg.com/video/pdfs/20 ... 171927.pdf

accuses UMW of negligence and claims the attacker's actions were "reasonably foreseeable" by university officials.

A hearing is scheduled for March 28 in Fredericksburg Circuit Court.

In a written response to the lawsuit, the Attorney General's Office says the plaintiff's allegations "paint a picture of a young woman who endured a heinous assault."

"The person who committed the assault should be brought to justice," the response continues. "But the Commonwealth of Virginia cannot be held liable in this case because it did not violate a legal duty it owed to anyone. Allowing [the] suit to go forward, based upon allegations that UMW should simply have done more, would subject the commonwealth to unlimited liability for the acts of third parties."

The lawsuit, filed Nov. 30, names the Commonwealth of Virginia as the defendant because UMW is a state agency.

The student was walking from her car on the third floor of UMW's four-story parking deck off U.S. 1 when she was assaulted at about 2 a.m. on Oct. 3, 2008. The lawsuit says the victim was heading to her dorm room in Virginia Hall.

The Free Lance-Star isn't naming the student--who has since left the university--because it is the newspaper's policy not to identify rape victims. The attacker has not been arrested.

The lawsuit references three other criminal incidents prior to the student's rape:

A woman was assaulted while jogging along Hanover Street near the school's athletic fields on July 1, 2008.

Two days later, a food delivery person was stabbed and abducted on Charles Street in the city.

On Aug. 12, 2008, a young woman was raped in her home in southern Stafford County. The home is near "large concentrations" of student housing and student activities, the lawsuit states.

The Attorney General's Office said those crimes occurred "far away, at different times of day, and under completely different circumstances" than the student's rape.

"It is not plausible, nor possible to allege with a straight face, that the three previous alleged crimes provided specific notice that the plaintiff was in imminent danger of harm on the early morning when she was attacked," according to the Attorney General's Office.

The plaintiff has not alleged "sufficient facts or any facts" that UMW knew a criminal act was occurring or about to happen, according to the state.

The Attorney General's Office did not respond to many of the lawsuit's allegations, including that UMW had poor security. The suit states the attacker entered the parking deck without being stopped, videotaped or photographed by security cameras.

The lawsuit also says UMW had a duty to protect the student because of its "special relationship" with her. That's a legal term that would make UMW liable for the rape.

The Attorney General's Office disagrees, noting that the Virginia Supreme Court does not consider it a special relationship when adults agree to care for another's child.

"It is difficult to imagine that an adult entrusted with the care of a minor child has an inferior duty than a university has to an adult student," the Attorney General's Office wrote.

************************************************** 2. VCDL website, email, & blog down for maintenance TODAY from 4 PM to midn ight **************************************************

The VCDL website & blog will be down for maintenance from 4:00pm to midnigh t today, Tuesday March 8th.

That also means emails to any VCDL email addresses (ending in *vcdl.org) wo n't be delivered until the maintenance is complete.

************************************************** 3. Gun shows and events! **************************************************

The Virginia Citizens Defense League thanks the following member-activists who generously gave of their time to advance and help defend the rights of their fellow gun owners by working our recruiting and information booths at gun shows and events around the state.

Harrisonburg, February 26-27 Steve Shifflett, Bob Mortensen, Brian Weiderman, Dr. Jerry Coffey, Shawn Sloan, Dale Hawley, and Mike Piper

As an all volunteer organization, VCDL depends on YOU to volunteer your time at our area events, where we recruit new activists and keep gun owners informed. No experience necessary; if it's your first time we'll pair you with a veteran volunteer. To find out more about helping at our gun show tables, go to:

http://www2.vcdl.org/cgi-bin/wspd_cgi.sh/vcdl/gs.html

and click on any of the blue links, or contact the coordinator for the show/event listed below with which you are interested in helping. Here are the upcoming events with which we need YOUR help:

a. FREDERICKSBURG http://www.guns-knives.com, March 18-20

Friday, March 18 1:00 p.m. - 4:30 p.m. 4:30 p.m. - 8:00 p.m. Saturday, March 19 10:00 a.m. - 1:00 p.m. 1:00 p.m. - 4:00 p.m. 4:00 p.m. - 7:00 p.m. Sunday, March 20 11:00 a.m. - 1:30 a.m. 1:30 p.m. - 4:00 p.m.

The 4th annual Fredericksburg Outdoor Show featuring the Fredericksburg Gun & Knife Show will be a large three-day event, and we need plenty of volunteers! More info is available at http://www.bmgevents.com/frederickburg/OutdoorShow/

Please contact Robert Herron at Fredericksburggunshows*vcdl.org to help in Fredericksburg.

b. ROANOKE http://www.showmasters.us, March 19-20

Saturday, March 19 9:00 a.m. - 1:00 p.m. 1:00 p.m. - 5:00 p.m. Sunday, March 20 9:00 a.m. - 12:30 p.m. 12:30 p.m. - 4:00 p.m.

Please contact Al Steed, Jr. at SWVAgunshows*vcdl.org to help in Roanoke.

c. RICHMOND http://www.showmasters.us, March 26-27

Saturday, March 26 9:00 a.m. - 1:00 p.m. 1:00 p.m. - 5:00 p.m. Sunday, March 27 9:00 a.m. - 12:30 p.m. 12:30 p.m. - 4:00 p.m.

Please contact David Crosby at CentralVAgunshows*vcdl.org to help at the Richmond Raceway Complex.

d. NORFOLK http://www.showmasters.us, April 9-10

Saturday, April 9 9:00 a.m. - 1:00 p.m. 1:00 p.m. - 5:00 p.m. Sunday, April 10 10:00 a.m. - 1:30 p.m. 1:30 p.m. - 5:00 p.m.

Please contact Ed Burton at Norfolkgunshows*vcdl.org to help at the Norfolk Scope.

e. CHANTILLY http://www.cegunshows.com, April 15-17

Friday, April 15 3:00 p.m. - 8:00 p.m. Saturday, April 16 9:00 a.m. - 1:00 p.m. 1:00 p.m. - 5:00 p.m. Sunday, April 17 10:00 a.m. - 1:30 p.m. 1:30 p.m. - 5:00 p.m.

Please contact Danny Paulson at NOVAgunshows*vcdl.org to help in Chantilly.

f. SALEM http://www.cegunshows.com, April 30-May 1

Saturday, April 30 9:00 a.m. - 1:00 p.m. 1:00 p.m. - 5:00 p.m. Sunday, May 1 10:00 a.m. - 1:30 p.m. 1:30 p.m. - 5:00 p.m.

Please contact Al Steed, Jr. at SWVAgunshows*vcdl.org to help in Salem.

g. RICHMOND http://www.cegunshows.com, May 14-15

Saturday, May 14 9:00 a.m. - 1:00 p.m. 1:00 p.m. - 5:00 p.m. Sunday, May 15 10:00 a.m. - 1:30 p.m. 1:30 p.m. - 5:00 p.m.

Please contact David Crosby at CentralVAgunshows*vcdl.org to help at the Showplace in Mechanicsville.

h. VCDL-RRRC Defensive Pistol Shoot http://www.roanokerifle.com, May 14

Roanoke Rifle and Revolver Club (RRRC) will again host the VCDL-RRRC Defensive Pistol Shoot on May 14 at RRRC's ranges. This event is a fund raiser for VCDL and is open to the public. Shooter registration starts at 9:00, and shooting starts promptly at 10:00. Expect a round count of 80-100 on six stages. We expect the shooter fees to be $20.00 per shooter. Drawings for prizes will be held--all shooters will have their name in the "pot" for this series of drawings. (Yes, we are looking for more prizes in case anyone knows of a donor who would like to support this shoot). A free hot dog lunch will be served with all the fixins. Plan on coming and shooting at this fun shoot, and YES, we invite those from all areas of the VCDL membership to make the trip !

Please contact Al Steed, Jr. at SWVAgunshows*vcdl.org for more information.

i. VIRGINIA BEACH http://www.guns-knives.com, May 21-22

Saturday, May 21 9:00 a.m. - 1:00 p.m. 1:00 p.m. - 5:00 p.m. Sunday, May 22 10:00 a.m. - 1:00 p.m. 1:00 p.m. - 4:00 p.m.

Please contact Gary Moeller at VBgunshows*vcdl.org to help in Virginia Beach.

j. VCDL POT LUCK PICNIC, Salem, May 21

Southwest Virginia will again have a FAMILY "POT LUCK" picnic at LONGWOOD PARK, Salem VA on May 21. Food will be served starting at 11 AM. This event is open to all VCDL members, families and guests. Plan early to join us for this family event. More details will be published prior to the picnic date.

Please contact Al Steed, Jr. at SWVAgunshows*vcdl.org for more information.

------------------------------------------- ***************************************************************************