Gary Mayor Eddie Melton was unable to persuade his former Indiana Senate colleagues Tuesday to leave alone a long-running lawsuit filed against numerous gun manufacturers and retailers that Gary claims are responsible for gun violence in the Steel City.
The Democratic leader, who served seven years in the Senate prior to taking office as mayor in January, emphatically urged the Republican-led Senate Committee on Corrections and Criminal Law to scuttle House-approved legislation aimed specifically at terminating the city's lawsuit by retroactively prohibiting Gary from filing it.
Melton said allowing House Bill 1235 to continue on a path toward becoming law would set a terrible precedent by undermining the ability of communities across Indiana to use the courts to protect their citizens.
"Local governments have the right to fight back against bad actors who they believe are harming their community. This is especially important if they believe they are engaged in illegal activities," Melton said.
"It seems that the precedent that we would like to set for the private sector is: If you don't like the rules, then you can go to the Legislature, and they'll change them for you."
Melton said after decades of dithering by the defendants, Gary simply wants its day in court. And if the General Assembly can support the Republican attorney general in his various crusades against opioid manufacturers and other entities harming Indiana communities, he said it should not deny a majority black city the same opportunity to pursue justice.
"Enabling the gun industry to evade accountability at the expense of victims and communities impacted by gun violence significantly contributes to the gun violence epidemic by removing key incentives for the gun industry to adopt life-saving business practices," Melton said.
"By shielding irresponsible gun dealers, distributors and manufacturers from the city of Gary’s lawsuit, House Bill 1235 works to give the gun industry special protection that other industries do not have."
Advocates for the legislation unequivocally stated their intent is to retroactively terminate Gary's lawsuit at the request of the gun industry defendants after a similar 2015 attempt to do so did not succeed.
In the end, the measure was approved 5-3 by the committee. It will be eligible for revision and approval by the full Senate next week.
The proposal ultimately must be endorsed with identical language by a majority of members in the House and the Senate to advance to Republican Gov. Eric Holcomb to be signed into law or vetoed.
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