The parents appealed Butler County Common Pleas Judge Charles Pater’s decision against them to the 12th District Court of Appeals a year ago.
Pater ruled teachers and other staff are not peace officers and therefore do not require police levels of training. The appeals court disagreed and ordered the school district to stop arming teachers without that much more involved training.
The district appealed to the Supreme Court in May, the court accepted the appeal Aug. 4 and the Madison requested the stay two days later.
“Madison has made the policy decision that its students and staff are safer with its policy in place. A stay while this Court decides the merits of this appeal not only honors that policy choice until and unless this Court decides that policy choice is not permitted – it also ensures that the district is not made less safe in the meantime by what might turn out to be an erroneous lower court decision,” the motion reads. “Put another way, a stay will help ensure there is no irreparable injury while this appeal is pending.”
The parents opposed the stay saying Madison has had four months to implement other safety measures in the schools. They said lifting the gun policy could be dangerous.
“The issuance of a stay would substantially harm appellee parents, their children, and other families in the Madison Local School District,” the motion to deny reads. “Each day that inadequately trained staff carry guns in school causes plaintiffs and other district parents harm: the increased risk that inadequate training will lead to their children being physically injured or killed because of a misjudgment, error, or lapse on the part of armed staff.”