New Tippecanoe Co. Office Building, 111 North 4th St. Lafayette

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  • Kirk Freeman

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    Be advised that the new Tippecanoe County office building annex, which houses the Public Defender (regular and conflict) and both the Criminal and Child Support section of the Prosecuting Attorney contains a "courtroom" in the basement and thus had security (a TCSD deputy and scanners) in place. However, after my APRA/FOIA request into whether an actual "courtroom" existed there, the County today has admitted that the only way the security can be in place is under Indiana Code 35-47-11.1-4(13):

    (13) Subject to IC 35-47-16-1, a unit (as defined inIC 36-1-2-23) from enacting or enforcing a provisionprohibiting or restricting the possession of a firearm in abuilding owned or administered by the unit if:(A) metal detection devices are located at each publicentrance to the building;(B) each public entrance to the building is staffed by at leastone (1) law enforcement officer:(i) who has been adequately trained to conduct inspectionsof persons entering the building by use of metal detectiondevices and proper physical pat down searches; and(ii) when the building is open to the public; and(C) each:(i) individual who enters the building through the publicentrance when the building is open to the public; and(ii) bag, package, and other container carried by theindividual;is inspected by a law enforcement officer described in clause(B).However, except as provided in subdivision (5) concerning abuilding that contains a courtroom, a unit may not prohibit orrestrict the possession of a handgun under this subdivision in abuilding owned or administered by the unit if the person whopossesses the handgun has been issued a valid license to carrythe handgun under IC 35-47-2

    Security will remain in place but if you are licensed under Indiana law, then you are permitted to carry at 111 North 4th Street, Lafayette, Indiana regardless of the security.

    I do not know what plans the County has to establish a courtroom, but the capacity exists and thus if there is a courtroom at 111 North 4th, then carry could be prohibited at 111 North 4th Street.
     

    T.Lex

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    Nice.

    That's a pretty big win in the culture wars, eh? I mean, the more local officials (across the state) can get used to having people carry, the less of a big deal it will become.
     

    Kirk Freeman

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    Nice.

    That's a pretty big win in the culture wars, eh? I mean, the more local officials (across the state) can get used to having people carry, the less of a big deal it will become.

    One battle, a local skirmish.

    What is far more important is the crap they pulled on me for discussing this APRA request/county policy with other attorneys. "Someone" (don't know who yet) told the Sheriff that I was carrying a gun into the courthouse to stop me from following up on this APRA/FOIA request. A Sheriff's deputy pulled me into a bathroom to ask if I was carrying a gun in the courthouse and then advised that I was "ranting" on Facebook about planning to carry a gun into the courthouse and the new office building. There was no such commentary on Facebook (plenty of commentary on appellate cases or legal stuff in the news but nothing about guns in the courthouse). This was done in retaliation for the APRA/FOIA request. The Sheriff's deputies refused to tell me who made the accusation. (In no way do I blame or hold the Sheriff's deputies for any wrongdoing. They are retired cops, brave and honorable men doing a retirement gig and I hold them not at fault for any issue here).

    I filed at TR27 and am scheduled to have a hearing on depositions later this month. I have retained counsel for the depositions.

    My APRA/FOIA was merely a skirmish. The real battle is to come. They won't get away with this. I don't scare.:D
     
    Last edited:

    T.Lex

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    DANG!

    Good luck with that.

    On the one hand, I'd love to see a PAC with more teeth in this situation, but on the other hand, having seen it from the other perspective, I'm not so sure. :)
     

    T.Lex

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    PAC? Not tracking.
    Public Access Counselor. :) (Ah, just occurred to me the distinction between that and IPAC in your world.) :D

    Sounds like they ultimately responded to your APRA request, so there isn't much you can do on that. Too bad that the county resorted to non-APRA methods of chilling your rights. Hmm, come to think of it, taking you into custody for RAS of a violation of an unlawful rule might be 1983 material.

    If I can offer any insight on the APRA side of things, you know how to contact me. ;)
     

    Kirk Freeman

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    Public Access Counselor. :) (Ah, just occurred to me the distinction between that and IPAC in your world.) :D

    Sounds like they ultimately responded to your APRA request, so there isn't much you can do on that. Too bad that the county resorted to non-APRA methods of chilling your rights. Hmm, come to think of it, taking you into custody for RAS of a violation of an unlawful rule might be 1983 material.

    If I can offer any insight on the APRA side of things, you know how to contact me. ;)

    Yes, if you say "PAC" to mean, I think "IPAC". Sorry.
     

    rhino

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    One battle, a local skirmish.

    What is far more important is the crap they pulled on me for discussing this APRA request/county policy with other attorneys. "Someone" (don't know who yet) told the Sheriff that I was carrying a gun into the courthouse to stop me from following up on this APRA/FOIA request. A Sheriff's deputy pulled me into a bathroom to ask if I was carrying a gun in the courthouse and then advised that I was "ranting" on Facebook about planning to carry a gun into the courthouse and the new office building. There was no such commentary on Facebook (plenty of commentary on appellate cases or legal stuff in the news but nothing about guns in the courthouse). This was done in retaliation for the APRA/FOIA request. The Sheriff's deputies refused to tell me who made the accusation. (In no way do I blame or hold the Sheriff's deputies for any wrongdoing. They are retired cops, brave and honorable men doing a retirement gig and I hold them not at fault for any issue here).

    I filed at TR27 and am scheduled to have a hearing on depositions later this month. I have retained counsel for the depositions.

    My APRA/FOIA was merely a skirmish. The real battle is to come. They won't get away with this. I don't scare.:D

    Someone picked the wrong person to play games with serious consequences.
     

    Alamo

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    ...
    Security will remain in place but if you are licensed under Indiana law, then you are permitted to carry at 111 North 4th Street, Lafayette, Indiana regardless of the security.

    I do not know what plans the County has to establish a courtroom, but the capacity exists and thus if there is a courtroom at 111 North 4th, then carry could be prohibited at 111 North 4th Street.

    Tangent question: Can an Indiana state or local governmental unit NOT prohibit licensed carry unless it is a courtroom? If true, is it only the "court ROOM" or can it be the whole building containing the court room?


    Good luck with the mysterious powers-that-be.
     

    Kirk Freeman

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    Tangent question: Can an Indiana state or local governmental unit NOT prohibit licensed carry unless it is a courtroom? If true, is it only the "court ROOM" or can it be the whole building containing the court room?


    Good luck with the mysterious powers-that-be.

    No, it is not just court rooms, however courtrooms are the biggie as it gets you the entire courthouse. Look at 35-47-11.1-4.
     

    rhino

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    No, it is not just court rooms, however courtrooms are the biggie as it gets you the entire courthouse. Look at 35-47-11.1-4.

    I think he was asking if it were possible with a good judge or county gov't to have only the court room proper off limits/behind a metal detector, but have the rest of the courthouse freedom-respecting.
     

    ATM

    will argue for sammiches.
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    No games. This is a real fight and I just won the first skirmish.

    We are not arguing about how many Ron Pauls can dance on the head of a pin here. Go back to winning Libertarian Starwood points.

    If invincible mid or endgame strategery would be helpful, I'm at your service.
     
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