This should be appealed all the way to the Supreme Court:
BENTON TOWNSHIP – A federal appeals court has ruled in favor of Walgreens in a long-running dispute with a pharmacist who was fired after shooting his gun at armed robbers at the store on Napier Avenue in 2011.
The court ruled Monday that although Hoven did nothing illegal, the store where he worked has a right to a policy banning employees from carrying guns inside.
Jeremy Hoven of St. Joseph had a permit to carry a weapon.
But Walgreens fired him after the incident, saying his gun use violated company policy. In a 3-0 decision, an appeals court said there are no protections for Hoven, who was an at-will employee. The court ruled that the Deerfield, Ill.-based Walgreens could legally fire Hoven even though it was legal under Michigan law for him to carry a gun.
The court pointed to a 2012 case in which it affirmed the right of Walmart to fire a Michigan employee who used medical marijuana.
Hoven’s case began at about 4:30 a.m. May 8, 2011, when two men entered the store and pointed their guns at an employee. One of the men then jumped over the pharmacy counter and pointed a gun at Hoven. The man was trying to shoot but the gun wasn’t discharging, Hoven told reporters in 2011. Hoven took his own gun, a revolver, out of a front pocket holster and fired it three or four times. No one was hit and both gunmen then ran from the store.
Hoven was initially heralded as a hero for his actions. But days later, on May 13, he was fired.
He sued Walgreens for wrongful termination, saying that by firing him for carrying and shooting a gun, the corporation violated his right to defend himself and his fellow employees. Hoven said he began carrying a gun after the same store was robbed in December 2007 while he was working the night shift.
At the time of the firing, Hoven said, “In my mind, I can look at myself in the mirror. I can lay my head down in bed and sleep. In my mind, I did what I had to do.”
Then-Berrien County Prosecutor Art Cotter reviewed police reports of the incident and video, and concluded Hoven did nothing wrong. Cotter added that Hoven’s actions may have saved lives.
“It’s one of those difficult cases,” Cotter said in 2011. “If you’re Walgreens, what do you do? I’m sure their lawyers don’t want people carrying guns in their store.”
Hoven was not available for comment after Monday’s decision.
Source: http://www.heraldpalladium.com/news/local/former-walgreens-pharmacist-loses-appeal-in-shooting-case/article_6df519ff-075e-5f13-93ab-d62e148f3cc4.html
The court was extremely stupid, there’s no constitutional right to smoke marijuana, unless you want to interpret the Fourth Amendment as giving you that right, which is a long shot.
There is a right to keep and bear arms, but apparently Walgreen thinks their business is a constitution-free zone. If so, try to fire a Muslim and see if he doesn’t sue you for religious discrimination.
Hoven is alive because he had a gun, Walgreens did not protect Hoven, he protected himself. Maybe it’s time for an open carry demonstration outside of Walgreens, but don’t just bring guns, bring signs with the words “Justice for Jeremy” and “We Support Armed Pharmacists” and “Gun Rights are Human Rights.”