Pikeville can continue banning guns at Eastern KY arena, state Supreme Court rules

A lawsuit challenging a city of Pikeville ban on bringing guns inside Appalachian Wireless Arena should be dismissed because of a lack of evidence, the Kentucky Supreme Court ruled Thursday.

The city-owned arena, formerly known as the Eastern Kentucky Expo Center, has a policy barring the possession of firearms on its premises because it is located within 1,000 feet of a preschool and elementary school — a requirement under the federal Gun Free School Zone Act.

Arguing the policy violated a state law prohibiting local governments from regulating firearms, the Kentucky Concealed Carry Coalition sued the city in 2018. In its complaint, the coalition said members had been denied entry to the 7,000-seat arena “solely based on their lawful possession of firearms.”

But the coalition did not provide enough evidence to show that its members had been previously denied entry, the majority opinion backed by six of the seven justices said. The suit did not identify any members who had been denied entry or describe a specific instance where that occurred.

Because the coalition “failed to produce sufficient proof of any concrete and particularized injury suffered by any of its members,” the complaint lacked standing and should be dismissed, wrote Justice Christopher Shea Nickell in the opinion.

Justice Kelly Thompson, the one justice to disagree with the majority, wrote in his dissent that through its dismissal the court was “avoiding the issues” presented by the lawsuit’s parties.

“It is my belief that the number one job of the Supreme Court of Kentucky is to adjudicate disputes between our citizens,” Thompson wrote. “This dispute is ripe for adjudication. It requires a complex, well briefed legal analysis of the interplay in the conflicts between local law, state law and federal law on an important subject matter.”

The suit was originally filed in Pike County Circuit Court. That court sided with the city and dismissed the complaint in March 2020. But the coalition appealed to the Kentucky Court of Appeals which said in a 2021 opinion that the arena’s policy banning openly carried firearms was legal but the city should pass an ordinance if it wanted to regulate guns carried by those with a concealed carry license.

While Thursday’s decision technically reversed the appellate court’s finding, the state Supreme Court “didn’t say the Court of Appeals was wrong,” Russell Davis, the city of Pikeville’s attorney, told the Herald-Leader.

Davis said he doesn’t expect any “major changes” to the policy but would check with the city’s commission to see if they would want to consider a change in regards to concealed weapons carried by those with a license. Those with a license at least “have been vetted,” Davis said.

“They have been run through the system to see if they’re not convicted felons or domestic violence abusers and things like that,” Davis said.

Concealed carry licenses are offered in Kentucky but have not been required for those carrying a concealed firearm since 2019.