BUFFALO, N.Y. (WKBW) — Lawyers for three of the Tops mass shooting victims made their case in New York State Supreme Court Thursday and Friday — sharing why their lawsuit should move forward against gun manufacturers and social media companies.
One of the plaintiff's attorneys, Kristen Elmore-Garcia, said she and the other lawyers went to hold these companies accountable for radicalizing and arming the gunman who killed 10 of our neighbors on May 14th, 2022.
Elmore-Garcia argued against MEAN LLC (Mean Arms), a gun accessory manufacturing company that sells a magazine lock known as the MA lock. It is advertised to lock a magazine onto a semiautomatic rifle — a weapon the Tops shooter used.
Yet, on the back of the lock packaging, there are instructions on how to remove it within minutes allowing someone to replace it with a magazine that holds more than 10 rounds — which is illegal in New York.
Elmore-Garcia argued to Justice Paula Feroleto that the company falsely advertised the purpose of its product and violated state law.
In response, the defense acknowledged the mass shooting but argued that Mean Arms is protected under the Protection of Lawful Commerce in Arms Act. It's a law, created nearly 20 years ago, that shields firearms manufacturers from being held liable when crimes are committed with their products.
Despite that argument, the plaintiff's attorneys said they feel confident this case will move forward.
Lawyers representing the social media companies argued Friday that they are protected by the First Amendment and Section 230 of the Communications Decency Act.
The lawsuit claims the social media giants helped radicalize the gunman with their algorithms and artificial intelligence that pushed racist and anti-Semitic content.
"All we're saying is that these companies should have the same duty that every other company in America has — the duty to think about the dangers their product have," Matthew Bergman, an attorney with the Social Media Victims Law Center, said.
Barbara Massey Mapps, whose sister Katherine Massey was killed in the Tops shooting said she's grateful for the work the lawyers are doing.
"I call them the 'A Team' because they care about everybody and I think they'll do — they're doing a great job," Massey Mapps said.
Attorney John Elmore said the goal of this lawsuit is to make the community and country safe and to prevent mass shootings from happening.
Justice Feroleto will make a decision on the hearings before February.
