In a ruling involving a tragedy that stunned the country, a Santa Clara County judge has dismissed a lawsuit against the City of Gilroy and other defendants filed by victims in the 2019 mass shooting at the Gilroy Garlic Festival.
Just months after the horrific events of July 28, 2019, left three people dead and 17 injured, several victims, led by Wendy Towner — who was shot in the leg after diverting the shooter’s attention from nearby children — joined together in a wrongful death lawsuit against the City of Gilroy, the Gilroy Garlic Festival Association and First Alarm Security & Patrol, Inc.
The suit alleged that the city had “dangerous condition(s) of public property” and cited First Alarm and the Garlic Festival Foundation for negligence and “premises liability,” meaning they failed to protect visitors of the Garlic Festival from dangerous conditions.
Santa Clara County Superior Court Judge Frederick Chung heard oral arguments in the case this week after the defendants filed a motion to have the lawsuit decided without a jury.
The judge dismissed the case largely on the grounds that “a mass shooting incident was not a reasonably foreseeable risk,” noting that the Garlic Festival had never been a site of gun violence before.
Randall Scarlett – a lawyer for Scarlett Law Group, who represents the victims – said that he plans to “promptly” appeal the judge’s decision, calling it “devastating” to his clients.
“Not allowing the case to go to a jury … it’s a drastic measure,” he said, adding that he has sufficient evidence to prove his clients’ case before a jury. He also stated that judging whether a mass shooting was foreseeable based on prior gun violence at a location sets a “horrible precedent” that leaves Californians unprotected. “This was an ill-thought-out decision, and the public policy implications of this are huge.”
“I’m confident of the outcome of that appeal,” he said. “It’s not over.”
The city, however, welcomed the decision.
It “helps the (city) continue on the healing process” and “verifies how the city has felt since the beginning,” said Gilroy City Administrator Jimmy Forbis, who was notified Thursday of the decision. “As tragic as the day was, ourselves and the Garlic Festival and the security company did the very best we could,” noting that first responders were on the scene of the shooting within a minute.
“While we are grateful to put this lawsuit behind us, we remain profoundly empathetic towards all individuals and families impacted by the Gilroy Garlic Festival incident and this longtime impending case,” said Gilroy Mayor Marie Blankely in a press release. “We recognize the emotional and personal complexities involved and remain committed to our values of compassion, respect, and genuine concern for all.”
First Alarm Security and the Gilroy Garlic Festival Association did not immediately respond to calls for comment.
