Court of Appeals Reinstates Case Against Atlanta, Says Roswell and Sandy Springs Cannot Enforce New Ordinance
The Court of Appeals of Georgia has reinstated GCO’s case against the City of Atlanta over Atlanta’s illegal ordinance banning firearms in parks. The Superior Court of Fulton County had ruled the ordinance illegal and enjoined its enforcement, terminating the case. Because GCO had other claims pending against Atlanta, however, the Court of Appeals ruled that the Superior Court could not have ended the case. The appellate court ordered the Fulton County Clerk of Courts to remove a case termination form from the file, thus allowing GCO to continue its other claims against Atlanta. In the same order, the Court of Appeals affirmed the Superior Court’s order that Roswell’s and Sandy Springs’ modified ordinances depend wholly on the state public gatherings law and are not separately violatable. Thus, a person cannot be charged under either cities’ revised ordinance. The order may be viewed here.