Global Action on Gun Violence Announces Unprecedented Legal Case Against the US

Manny and Patricia Oliver, whose 17-year-old son, Joaquin, was killed in the 2018 mass shooting at Marjory Stoneman Douglas High School in Parkland, Florida, today filed a first-of-its-kind human rights lawsuit against the US government. The unprecedented action seeks a ruling that US gun policy violates basic human rights law, and deprived the Olivers’ son of his right to life.

Joaquin Oliver v USA was filed in the Inter-American Commission on Human Rights, an independent legal body of the Organization of American States. The lawsuit was filed by long time gun violence prevention lawyer Jonathan Lowy, president of Global Action on Gun Violence (GAGV), and Arturo Carrillo, director of the George Washington University Law School’s Civil and Human Rights Clinic, who represent the Oliver family. The legal effort is bolstered by a national ad campaign called Campaign for Survival that will span film, print and social from GAGV in partnership with creative agency partner, Zulu Alpha Kilo (a collaboration across New York and Vancouver offices).

“We’ve tried everything else to rein in gun violence, but there hasn’t been meaningful change,” said Manny Oliver. “Joaquin had a right to live, which means that Joaquin had a right to fall in love, to have his heart broken, and to find his life partner - or not. It shouldn’t be like this, and it isn’t anywhere else in the world, so we’re urging America to not settle for anything less.”

A 90-second film titled 'The Lawsuit for Survival' from renowned director Nadav Kander of Chelsea Pictures features the Olivers and survivors of gun violence speaking to camera and recalling moments they - and their loved ones - have the right to experience that are all too often cut short due to gun violence. The film ends with an exhaustive list of everyday places we know aren’t safe in America, like malls, schools, bowling alleys, theatres and nightclubs. The campaign is supported by print (in the Washington Post) and social content. The timing of this effort is a symbolic nod to the original Armistice Day, now known as Veterans Day across the US.

“We love to believe in the power of creativity to help solve some of the most pressing issues of our time,” said Tim Gordon, chief creative officer and partner at Zulu Alpha Kilo New York. “We believe taking legal action is one of the best examples of breakthrough creative thinking in this space to date. We’ve seen several impactful campaigns to address this issue and it was important for us to continue to channel that momentum with an action-oriented approach.”  

The lawsuit argues that Inter-American human rights law requires the United States to prevent firearms manufacturers, distributors and dealers from recklessly making and selling guns in ways that cause deaths and injuries. The US, like other nations, is obligated to protect the exercise of these human rights; a State cannot simply tolerate its people to be systematically and repeatedly deprived of their lives. The suit explains that US gun policies and the Supreme Court’s Second Amendment decisions are inconsistent with the human right to live that the US is required to respect, and enable the gun industry to profit from crime throughout the region.

According to the Olivers’ co-counsel, GAGV president Jonathan Lowy, “We are filing this lawsuit to force the United States to meet its obligations under human rights law, protect people’s right to live, and stop prioritising gun industry profits over human rights. The US is causing a global crisis that will not be resolved until the government recognises its obligations to take common- sense actions that protect people from gun violence.”

At noon on November 9th, Manny Oliver, Jonathan Lowy, Arturo Carrillo, and noted trial attorney Mike Haggard will hold a discussion about the Lawsuit for Survival in the Burns Moot Court Room at George Washington University School of Law. Additionally, the campaign includes a call-to-action petition for signers to make their voices heard to the Inter-American Commission on Human Rights and to the US.