Last week, Jose Mejia filed a federal class-action lawsuit against Uber, alleging its no-firearms policy violates Florida law.
The complaint, filed Friday in Fort Lauderdale federal court, cites the Preservation and Protection of the Right to Keep and Bear Arms in Motor Vehicles Act, passed by the Florida Legislature in 2008.
The law allows legal gun owners to keep firearms in their vehicles on their employer’s property and bans any employment discrimination based on gun ownership.
According to the complaint, Mejia holds a permit to carry a concealed weapon and he wants the option to carry his firearm while shuttling people around the state.
“You may or may not agree with the Second Amendment, but it is not up to Uber to unilaterally decide drivers’ constitutional rights or their rights under this law,” said Mejia’s attorney, Elizabeth Beck of Miami-based Beck & Lee Trial Lawyers.
Uber banned drivers and passengers from carrying firearms in 2015 after a Chicago driver shot a suspected gunman who fired into a group of people in Logan Square.
In the past, Uber has attempted to skirt some employment laws by claiming drivers are independent contractors and not actual employees. However, Mejia’s attorney points to language in the 2008 Florida statute that specifically covers independent contractors and volunteers.