BUFFALO, N.Y. (WKBW) — New York State Appellate Court issued rulings on civil cases linked to the 5/14 Buffalo mass shooting: one clears social media firms from liability, but the case against a gun accessory maker advances.
A panel of judges ruled the following:
1. Social media companies cannot be held liable for radicalizing the shooter.
2. Legal action against a gun accessory manufacturer, Mean LLC, may advance.
Social media companies not held liable in Tops mass shooting case
New York State Appellate Court concluded that social media companies cannot be held liable for allegedly radicalizing Payton Gendron, the gunman behind the Tops mass shooting.
The court's decision, voted 3-2 by a panel of five judges, overturned a previous ruling by the State Supreme Court.
The majority of judges said the companies are protected under Section 230 of the Communications Decency Act, which provides immunity to online platforms from liability for content posted by their users.
Elmore-Garcia claims these media platforms catered to Gendron’s racist ideologies.
“It is frustrating, but it’s not the end of the fight,” Elmore-Garcia said. “Because the two judges did write a dissenting opinion, that does open the door to us to appeal to the New York State Court of Appeals, which is our highest court in the state, in Albany. There are multiple different plaintiff groups cooperating on these cases and seeing if an appeal is the best thing to do. If there is a path forward, we absolutely will take it and keep fighting, because this is ultimately about the safety of our country.”
Legal action against gun accessory manufacturer Mean LLC may advance
The legal battle continues on another front, as Elmore-Garcia’s case also targets firearm accessory manufacturer Mean LLC.
Elmore-Garcia tells me Mean LLC aided in "the illegal possession of assault weapons in New York State," the Buffalo shooting being used as evidence of that.
Elmore-Garcia tells me the company deliberately marketed products as ways to get around New York State’s assault rifle ban, also giving instructions on how to remove safety devices on products.
The state appellate court ruled in favor of that argument, allowing Elmore-Garcia’s case to move forward.
“We will be continuing the path of discovery,” Elmore-Garcia said. “Discovery is the exchanging of evidence and information. Hopefully, we will be scheduling important depositions of key people and examining corporate records that will help us continue to prove our case against Mean LLC.”
In state court, Gendron pleaded guilty to 10 counts of first-degree murder six months after the shooting, sentenced to life in prison without parole.
Gendron also faces charges in federal court, indicted on hate crime and firearms charges. January 2024, the government announced they are seeking the death penalty.
His federal trial is expected to start in January 2026.
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