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Thursday, February 24, 2005

Court questions suit

Colleen Schorn/ Senior writer

The man who filed a lawsuit against JMU in September for its gun policy has offered to settle if JMU agrees to a list of terms.

Dave Briggman wrote to JMU President Linwood Rose offering to drop the lawsuit if JMU follows a list of terms, JMU spokesman Andy Perrine said.

Briggman said he has offered to settle if the university follows several terms.

These terms include JMU would not "enforce" its policy against those who legally carry firearms; JMU would seek an opinion from the Attorney General’s Office and the university would agree in writing to conform its policy to this opinion; and JMU would pay for the cost of filing the lawsuit, which is about $88.

Perrine said because Rose has been out of the office since last week, the university will not have a comment until Rose returns.

On Feb. 16, the judge granted the university a demurer, Perrine said.

"A demurer asks that the lawsuit be dropped on the basis that the complainant has no standing to file suit," Perrine said.

"Since Briggman is neither a student nor employee and never has been harmed by our policy" then the lawsuit should not continue in court, Perrine said.

Briggman, has less than 21 days to amend and resubmit his lawsuit, he said.

"As unbelievable as it may sound, the mere existence of the policy doesn’t, in the court’s eyes, pose a threat to me," Briggman said.

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