New York Appellate Court Allows Claims Against Firearm Accessory Maker to Proceed in Buffalo Mass Shooting Case, but Dismisses Claims Against YouTube and Reddit; Everytown Law Responds

NEW YORK – Everytown Law, along with Bonner & Bonner and the Ryder Law Firm, today secured a partial victory in their suits filed on behalf of 25 survivors of the racially motivated mass shooting at a Tops Friendly Markets store in Buffalo. The Appellate Division, Fourth Department, an intermediate state appeals court based in Rochester, New York, allowed survivors to proceed with their cases against MEAN LLC, the manufacturer of an easy-to-remove large capacity magazine lock that is alleged to have facilitated the shooter’s acquisition of an illegal assault weapon used in the deadly massacre. 

The appellate court’s decision in the MEAN Arms appeal upheld the February 2024 decision of the lower court rejecting arguments that the gun industry defendant was protected from being held legally accountable by the Protection of Lawful Commerce in Arms Act (PLCAA). The appeal on behalf of Everytown’s clients was argued in May by Everytown Law’s Executive Director, Eric Tirschwell. 

“The tragedy at Tops Friendly Market was one of the worst racist mass shootings in modern American history and we intend to prove that MEAN Arms made it possible for the shooter to obtain an illegal assault weapon and maximize the carnage,” said Eric Tirschwell, Executive Director of Everytown Law. “The gun industry has long hidden behind a federal law that gives them special protections from lawsuits, but decisions like today’s make it clear that more and more courts are rejecting their attempts to dodge accountability.”

Unfortunately, in a blow to survivors, today a 3-2 majority of the same appellate court found that the claims seeking to hold YouTube and Reddit accountable for their roles in addicting and radicalizing the Buffalo mass shooter should be dismissed, citing the broad protections of Section 230 of the Communications Decency Act. In the process, the divided appellate court overruled the Erie County Supreme Court, which last year had refused to dismiss claims against the social media companies.

Of the appellate court’s decision to dismiss the cases against Youtube and Reddit, Tirschwell adds, “For close to 30 years, social media companies have hidden behind Section 230 to skirt accountability and deprive victims and survivors of the opportunity to litigate their cases. While we are disappointed in this ruling, we will be rapidly evaluating our next steps and anticipate further litigation.” 

More information about the lawsuits, including the court’s decisions, can be found here.