Stephen Nichols has been restored to his job as a crossing guard in Tisbury, Massachusetts. He was removed from his job over an overheard remark that a nosy waitress construed as a threat to the local school. You can read more about the circumstances in this post.
Tisbury PD Chief Mark Saloio maintains Mr. Nichols was never fired. Rather his job was just under “review” according to his statement to the MV Times.
“The town, collectively, has expressed an outpouring of concern about Mr. Nichols, and his employment as a school crossing guard. We as well share those concerns. We wish to make you aware that today, Mr. Nichols was informed that he may return to his crossing guard duties tomorrow morning,” Saloio wrote in an email to The Times. “This return to work was always pending upon a final review that was in process. Throughout this period, Mr. Nichols has retained his position as a crossing guard for the town. However, these reviews are thorough and complete, and neither immediate nor instantaneous.”
Chief Saloio went on to defend the school resource officer whose forays to a buy coffee while on the job were criticized by Mr. Nichols.
While Mr. Nichols has his job back as a school crossing guard, his firearms and license to carry have not been restored to him.
Dan Larkosh, of the Edgartown firm Larkosh and Jackson, represents Nichols, and he was pleased Nichols was reinstated. Nevertheless he intends to file an appeal of the decision by Tisbury Police Chief Mark Saloio to seize guns owned by Nichols, as well as his license to carry.
Saloio declined to comment when approached at the Tisbury Police Station. He later told The Times, “There’s nothing that I can legally discuss about the matter. Period.” The police department has also refused to release the police report from the investigation citing the “personnel” exemption of the public records law.
Supporters of Mr. Nichols started circulating a petition to get him both reinstated and to get his firearms and carry license restored to him. According to the MV Times, it has garnered over 800 signatures as of this morning.
Absent the publicity brought to this case by it going viral, I doubt Mr. Nichols would have his job restored to him. Now let’s hope it helps to restore his means of self-defense.
How about the police chief and the waitress get fired and their guns seized. Waitress probably doesn’t have any but the police chief does. The police chief should be prosecuted for denial of civil rights under color of law.
At the very least the waitress should be given a stern warning by her employer. As to the chief, you are right – he should be prosecuted. Unfortunately, he’ll claim qualified immunity and life will go on in the Volksrepublik.
Qualified immunity is a provision of civil law. I am suggesting criminal prosecution. Given MA, any prosecution would have to come from the Feds. If only we had a Justice Department.
Mr Nichols was probably right about the “school resource” officer. When and if something bad goes down ,the SRO will be some where else….a teacher has a very good chance of being at the scene and that is why teachers,who care, will be THERE.
This person sounds like a good litigant to go to court over Red Flag laws. Good enough to go back to work around children but not be around firearms? Seems to a slam dunk in court. Although will likely need to appeal a few times to get it out of Massachusetts maybe up to supreme court?