Inspired by this comment...
The colleges involved are public.
Even so, private parties can and have been successfully sued for violating civil rights. Cases in point, landlords for rent discrimination, employers for EEO violations, businesses for segregated services... And Title IX opens college athletics programs up for all kinds of imposed requirements.
And then there's Section 1983...
It goes beyond race as well, and enters into the ideological -- hence we have lawsuits against Christian bakers for refusing to supply a "gay wedding" cake, and suits over "matters of conscience"...
Note I never specifically defined the legal action I anticipated as being limited to 2A -- not being a lawyer, I'd hesitate to predict what role that would play as a part of a complaint. My contention here is that the college gun ban is not enforceable and is challengeable -- by the right plaintiff with the right lawyer producing the right arguments in the right jurisdiction. My opinion is that, if handled properly, it is winnable.
Wednesday, October 19, 2016
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42 USC 1983 begins "Every PERSON . . .". What most men and women don't realize is that we are labeled corporate fictions (look up the legal definition of the word) and the vast majority of us will assume (along with prosecutors, judges and attorneys) that we are 'persons' and, therefore, subject to statutory law at both State and Federal levels.
Men and women are NOT, unless they've entered into some sort of contractual relationship with the corporate State. A college or university, whether public or private, is a corporate fiction (a 'person' since they are incorporated under a State statute) and therefore subject also to statutory law.
-MM
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