(Rob Barr answers questions while owner of Adventure Outdoor Sports, Jay Wallace and his wife stand nearby)
(c) 2006 Associated Press
Photo by: Ric Feld
By: Katlyn Morahan
According to firstamendmentcenter.org, the 11th US Circuit Court of Appeals heard a case on Monday involving Libertarian presidential candidate Bob Barr, New York City Mayor Michael Bloomberg and New York Police Commissioner Ray Kelly. Barr represented Adventure Outdoor Sports, a sporting goods store in Smyrna, Georgia in the $400 million lawsuit.
Barr claimed that Bloomberg defamed the store by labeling it as one of a list of "rogue gun dealers" that was responsible for selling guns to New York City criminals.
Monday's case marked the latest in an ongoing legal struggle that began two years ago when Mayor Bloomberg sued 15 firearms stores claiming that they had sold guns to New York City criminals. Barr filed a libel suit against Bloomberg soon after. Bloomberg's lawsuit eventually grew to include 27 similar firearms stores. Although four stores have now closed, many of the stores have now settled with New York City.
The hearing on Monday focused on whether to hear the court in state court or federal court. While Mayor Bloomberg's attorneys want the case to remain in federal court, Barr thinks the case should stay in the Georgia state court system. Peter Canfield, Mayor Bloomberg's lawyer, has claimed that Bloomberg's statements were protected by immunity because of his status as an elected official according to New York State law. By contrast, Barr argued that a Georgia immunity law that is weaker should prevail.
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