The Judge made it a wash, in the hearing for the MJP. Standing was not affected.
Aaron Tribble filed his Second Amended Complaint, all he did was to add two words to the original complaint (filed 04-15-2011).
The Plaintiff has added the word “expressly” to paragraph 11 in order to correct a misquote of a statute. The Plaintiff has also added the word “lawfully” to the first paragraph of his prayer for relief to correct an ambiguity.
The Defendants in their First Amended Answer
(filed on 04-22-2011), have included an additional affirmative defense and are demanding Attorney fees. Aaron countered with a Motion to Dismiss
that claim, with prejudice (filed on 04-25-2011).
This is a good counter move, as Aaron points out that the Idaho Statutes do not allow the Government to charge for defenses on civil complaints in matters of first impression.
Keep in mind that the Regents are not regulating, they are prohibiting the very thing that the Heller
Court said can not be done. Nor, as a government entity, can they strip your rights via contract, in order to live in campus housing.
There will be a hearing on this matter on May 9th at 11:00 am.