from the Jackson Superior Court No. 36D02-1708-PO-141 The
Honorable Chris D. Monroe, Senior Judge
ATTORNEY FOR APPELLANT Kenneth J. Falk ACLU of Indiana
ATTORNEYS FOR APPELLEE Michelle Cooper Sara R. Blevins Lewis
& Kappes, P.C. Indianapolis, Indiana
of the Case
S.B. appeals the trial court's issuance of an order for
protection on behalf of Seymour Community Schools
("SCS"). S.B. raises four issues for our review,
which we restate as the following three issues:
1. Whether SCS has standing to petition for an order for
2. Whether the trial court's issuance of the order for
protection was clearly erroneous.
3. Whether the order for protection violates S.B.'s
rights under the First Amendment or the Second Amendment to
the United States Constitution.
We affirm and remand with instructions.
and Procedural History
In the summer of 2015, a teacher at the Seymour Middle School
molested S.B.'s daughter. As a result of that molestation,
S.B.'s daughter has needed extensive therapy, and she is
suicidal. However, her family can no longer afford her
medical bills. S.B. has sought compensation from SCS
"because of the damage [done] by their employee, "
to no avail. Tr. at 38.
On August 9, 2017, the first day of the new school year, S.B.
stood on a public sidewalk immediately adjacent to the
grounds of the Seymour Middle School. S.B. held a sign that
read, in red capital letters against a white background,
"WE PROTECT PEDOPHILES." Ex. Vol. at
S.B.'s sign was attached to the end of a long-handled
shovel, with the shovel end against the pavement. S.B., who
has a license to carry, had a handgun holstered on his right
The day before his protest, S.B. called the Seymour Police
Department and informed officers that he would be
"present at the Middle School" on the "public
sidewalk" and that he "might have a weapon."
Tr. at 5. As such, multiple police officers were at the
school during S.B.'s protest. One officer, Seymour Police
Department Officer Chadd Rogers, stood near S.B. throughout
his protest. Officer Rogers testified that he had positioned
himself near S.B. because Rogers thought parents "would
feel more comfortable if I was standing next to him" in
light of S.B.'s visible firearm. Id. at 43. As
parents dropped their children off at the school, "a
number" of them asked school officials why S.B. was
standing on the sidewalk, and at least "one father was
very upset that . . . the first thing [his] child saw . . .
[on the] first day of school was [a] man standing outside the
school with [a] gun." Id. at 30.
SCS Superintendent Robert Hooker approached S.B., who
"greeted [Hooker] . . . pleasantly." Id.
at 8. Hooker asked S.B., "what is this about?"
Id. S.B. said "this was about . . . his
daughter and [the] former teacher." Id. Hooker
then asked S.B. if S.B. would "put his weapon in his
car" because Hooker "was concerned about a weapon
that close to school children . . . ." Id.
Hooker considered the proximity of the weapon to be "a
major threat . . . given the nature of . . . school
violence." Id. As Hooker later explained:
when there is [a] weapon anywhere near [a] school we lock
down[. B]ehind us is Cummins and [it] wasn't that long
ago an employee shot his supervisor . . . [, and] whenever a
bank . . . is robbed . . . the police department does an
excellent job informing us, and we tend to lock down . . .
whether . . . we even know if there's a weapon or not[.