Rights of corporation and employee clash over use of weapon
By Steve Giegerich and Denise Hollinshed
ST. LOUIS POST-DISPATCH
01/05/2008
Missouri's firearm statutes gave the Domino's pizza deliveryman who shot and killed a would-be assailant Dec. 28 every right to use a legal weapon to protect himself and his property.
By simply carrying the gun, however, the still unidentified employee violated a company policy prohibiting Domino workers from packing a weapon even if, as happened in Ferguson on the night of the shooting, the employee was using his own car.
To some, the circumstances raise questions about where the right of Missouri citizens to legally keep and bear arms ends and the corporate right to limit liability begins.
"I am not aware of a case quite like it," said Anders Walker, an assistant law professor at St. Louis University. "The legal riddle is whether Domino's can fire this guy because, if he agreed to work for them and signed a contract, he needs to abide by their policies." Advertisement
To borrow a law school term, the question is moot: The deliveryman quit shortly after the death of Brian Smith, 19, of Ferguson, in what authorities say was a robbery attempt.
Another teenager alleged to be Smith's accomplice, Rodney Reese, 18, of University City, has been charged with second-degree murder, first-degree robbery and two counts of armed criminal action.
The deliveryman has not been charged.
Had he not resigned, a Domino's spokesman said this week, the company would have disciplined the deliveryman.
Kerry Messer, a gun rights supporter and lobbyist for the Missouri Family Network, said it's Domino's that stands guilty.
"For a company to ban (employees who deliver) from using firearms makes them a sitting duck for criminals" in high-crime areas, said Messer. RELATED LINK
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He contends the deliveryman was protected by not only the state's concealed weapons law but also the "Castle Doctrine" permitting Missourians to use force to protect homes and, more recently, cars.
Other businesses that send workers on the road with cash have policies that differ from Domino's.
Deferring to state firearm law, the St. Louis Taxi Commission leaves the decision about allowing drivers to arm themselves up to the individual cab companies.
St. Louis' Harris Cab Company, in turn, leaves the decision to the discretion of the drivers.
"We don't prevent drivers (from carrying) because we want them to be safe," said manager Shermand Palmer.
At Ferguson's Pantera's Pizza, manager Steve Moses subscribes to a philosophy of don't ask, don't tell.
"They can't have a weapon in the store," he said. "But if they have a weapon in their car, I don't know about it. They aren't supposed to, though."
Moses said the popularity of cell phones has made the job of delivering pizzas susceptible to assailants using false addresses to lure delivery drivers into a trap.
Messer said that Domino's policy is "shortsighted."
"He did it legally. It's a shame his employment came under fire because of it. It's definitely not right," said Messer.
sgiegerich@post-dispatch.com | 314-340-8172
, but in Texas, criminal homicide (murder) and aggravated robbery have the same penalty.