Man Denied Permit To Open Gun Shop In Daly City Claims Constitutional Rights Violation In Lawsuit
DALY CITY (CBS SF) -- A man denied a permit to open a gun shop in Daly City last year is suing the City Council, claiming they violated his Constitutional rights in not allowing him to sell and repair firearms in the city.
Todd Settergren, a former U.S. Army captain and San Francisco State University police officer, sought to move his business, SetterArms, to 7345 Mission St. in east Daly City.
He had previously operated his gun repair and retail shop in South San Francisco for over a year, but his previous location was sold to a new landlord who chose not to renew his lease.
In the suit filed in San Mateo County Superior Court on Friday, Settergren said he found out he would need to obtain a use permit from the city and proceeded with the city planning department. But when the permit came before the City Council, the permit was denied 3-2.
Settergren argued in the suit that denying his permit was unfair as two other stores in Daly City, Dick's Sporting Goods and Big 5 Sporting Goods, are permitted to sell firearms.
But Vice Mayor David Canepa, who opposed the shop opening, said today that the surrounding community was in opposition to having a gun shop there.
"What Mr. Settergren is trying to do, with the backing of special interests, is trying to intimidate the City Council and the city manager and city staff to overturn their decision," Canepa said.
"I'm not intimidated, we look forward to the court weighing in and making their decision. This is not about a small business owner being denied, this is about a community saying we don't want a gun shop," he said.
During the Sept. 14 City Council meeting, 26 people spoke against the shop and 17 spoke in favor of it.
Settergren is represented by the Long Beach-based lawfirm Michel & Associates, which has brought numerous firearm policy-related lawsuits in the past, including a suit against San Diego County challenging restrictions on concealed carry permits and challenging San Francisco legislation requiring that stored guns be locked up and banning the sale of certain ammunition.
They argue that Settergren should not have been required to obtain a use permit as neither Dick's nor Big 5 needed to get one before they opened. Despite that, Settergren moved forward with the procedure to get a use permit, according to the complaint.
City staff had found Settergren in compliance with the conditions of opening, including the Police Department finding his security plan went "above and beyond" what was necessary and was "best in the county." The department even planned to use his shop for firearm repair, according to the complaint.
The lawsuit charges that Canepa improperly consulted with anti-gun advocacy groups in seeking to block Settergren's shop from opening and the council overstepped its legal authority in denying him the permit.
"Councilmember Canepa's actions demonstrate he is incapable of being a fair and impartial decision-maker" for the permit application, the complaint stated. "Councilmember Canepa should have been precluded from participating in the hearing on Plaintiff's use permit application."
Residents of the surrounding neighborhood—shocked by gun violence both locally and nationally such as incidents in San Bernardino, Aurora, Colorado, and Newtown, Connecticut—did not want a gun store there, Canepa argued.
"In light of what's happening nationally, people did not feel safe to have people from other parts of Daly City coming in and being able to purchase guns," Canepa said.
One complaint raised at the meeting was the proximity of the store to schools—it's within a few blocks of an elementary school, a middle school and a high school. But Dick's and Big 5 are both within a few blocks of elementary schools as well.
Settergren is suing to force the city to grant him a use permit.
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