An Atrómitos Series
Worried. Tired. Frustrated.
Freedom From Fear
September 6, 2023
Tina Simpson, JD, MSPH
Earlier in 2023, a six-year-old child shot his teacher during a reading lesson at a Virginia elementary school. The teacher, Abigail Zwerner, was shot in the hand and chest, but survived, being discharged from the hospital after two weeks and four surgeries.
School shootings are not uncommon in the United States. The child’s youth is not even all that unusual (although the clear intentionality is). In 2020, guns were the leading cause of death for children over a year old in the United States, per the CDC.
There is a profound racial disparity across communities when it comes to gun violence, with black children four times more likely to die from a firearm than white children. Last year alone, 162 children under 13 unintentionally shot themselves or another child, resulting in 71 fatalities, and that rate continues to rise. What is new, and surprising to even the most jaded is Newport News School District’s argument that this act of violence constitutes a reasonably foreseeable workplace injury governed by the Workers Compensation Act; circumventing the teacher’s ability to proceed in her $40 million lawsuit against the school for gross negligence.
In its motion to dismiss, the School Board stated: “While in an ideal world, young children would not pose any danger to others, including their teachers, this is sadly not reality.” In stating this, the School District glosses over the chasm of difference between a child biting, hitting, or throwing things at a teacher – and that child’s access to and use of firearms. By this framing, school shootings are a regrettable, but immutable reality of being a part of the educational system. That there is an assumption of risk, on the part of students and teachers walking through the school gates. What do you expect? What can you do about it – “It is what it is,” said with a sad shrug. A teacher shot while conducting a lesson (despite multiple warnings to school administrators as to the potential presence of a firearm and threats of violence from the child) should be handled with the same administrative mechanisms as a slip and fall case or carpel tunnel syndrome. It is grotesque.
It is this assumption that the repeated tragedies of gun violence at schools is just a “sad reality” of modern life that I find so heartbreaking and enraging. It is this acceptance – and the consequences of that acceptance that trickles down like poison throughout our society – that has me most worried about the future of our increasingly uncivil society. Physical security – the freedom from violence and the Freedom from Fear (to quote Roosevelt’s Four Freedoms), is the foundation of a civil society and effective government. We continue to sacrifice that (wholly reasonable) expectation of safety, autonomy, and equitable engagement in civil society and social resources at the altar of an (ahistorical) interpretation of the Second Amendment.
The Virginia District Court has as yet to rule on the Newport News School Board’s motion to dismiss, but has, in the meantime, directed the two sides to begin gathering evidence through discovery. While school shootings have become a recurrent or potentially “foreseeable” outcome across our communities and school systems, I trust that the court will hold that it can never be a reasonable one.
For your consideration, look at these charities to be an advocate for a safer future:
- Everytown for Gun Safety
- Violence Policy Center
- Mom’s Demand Action
Your contribution can help us work towards sensible gun laws, reduce violence, and protect our communities. Together, we can make our world a safer place for everyone. Please consider donating or volunteering today to support these important causes–your support matters.
Tina Simpson, JD, MSPH
Tina started her legal career as an Assistant Attorney General for the North Carolina Department of Justice. In administrative rule-making, board management, and public procurement, she represented various state organizations, such as the NC Division of Medicaid and the Office of the State Treasurer. After eight years, Tina pursued her Masters of Science in Public Health at UNC Gilling’s School of Global Public Health.
An Atrómitos Series
Worried. Tired. Frustrated.
Freedom From Fear
September 6, 2023
Tina Simpson, JD, MSPH
Earlier in 2023, a six-year-old child shot his teacher during a reading lesson at a Virginia elementary school. The teacher, Abigail Zwerner, was shot in the hand and chest, but survived, being discharged from the hospital after two weeks and four surgeries.
School shootings are not uncommon in the United States. The child’s youth is not even all that unusual (although the clear intentionality is). In 2020, guns were the leading cause of death for children over a year old in the United States, per the CDC.
There is a profound racial disparity across communities when it comes to gun violence, with black children four times more likely to die from a firearm than white children. Last year alone, 162 children under 13 unintentionally shot themselves or another child, resulting in 71 fatalities, and that rate continues to rise. What is new, and surprising to even the most jaded is Newport News School District’s argument that this act of violence constitutes a reasonably foreseeable workplace injury governed by the Workers Compensation Act; circumventing the teacher’s ability to proceed in her $40 million lawsuit against the school for gross negligence.
In its motion to dismiss, the School Board stated: “While in an ideal world, young children would not pose any danger to others, including their teachers, this is sadly not reality.” In stating this, the School District glosses over the chasm of difference between a child biting, hitting, or throwing things at a teacher – and that child’s access to and use of firearms. By this framing, school shootings are a regrettable, but immutable reality of being a part of the educational system. That there is an assumption of risk, on the part of students and teachers walking through the school gates. What do you expect? What can you do about it – “It is what it is,” said with a sad shrug. A teacher shot while conducting a lesson (despite multiple warnings to school administrators as to the potential presence of a firearm and threats of violence from the child) should be handled with the same administrative mechanisms as a slip and fall case or carpel tunnel syndrome. It is grotesque.
It is this assumption that the repeated tragedies of gun violence at schools is just a “sad reality” of modern life that I find so heartbreaking and enraging. It is this acceptance – and the consequences of that acceptance that trickles down like poison throughout our society – that has me most worried about the future of our increasingly uncivil society. Physical security – the freedom from violence and the Freedom from Fear (to quote Roosevelt’s Four Freedoms), is the foundation of a civil society and effective government. We continue to sacrifice that (wholly reasonable) expectation of safety, autonomy, and equitable engagement in civil society and social resources at the altar of an (ahistorical) interpretation of the Second Amendment.
The Virginia District Court has as yet to rule on the Newport News School Board’s motion to dismiss, but has, in the meantime, directed the two sides to begin gathering evidence through discovery. While school shootings have become a recurrent or potentially “foreseeable” outcome across our communities and school systems, I trust that the court will hold that it can never be a reasonable one.
For your consideration, look at these charities to be an advocate for a safer future:
- Everytown for Gun Safety
- Violence Policy Center
- Mom’s Demand Action
Your contribution can help us work towards sensible gun laws, reduce violence, and protect our communities. Together, we can make our world a safer place for everyone. Please consider donating or volunteering today to support these important causes–your support matters.
Tina Simpson, JD, MSPH
Tina started her legal career as an Assistant Attorney General for the North Carolina Department of Justice. In administrative rule-making, board management, and public procurement, she represented various state organizations, such as the NC Division of Medicaid and the Office of the State Treasurer. After eight years, Tina pursued her Masters of Science in Public Health at UNC Gilling’s School of Global Public Health.