Five years after Kent Maynard was asked to conceal a handgun he was carrying in an open view holster at the Englewood Arts Fair at Centennial Park, and three years after he filed suit against the city for violating his rights, the case could be over.

“We have 30 days to consider an appeal,” said Jared A. Wagner, Maynard’s lawyer, who had a summary judgment in favor of Englewood handed down by Judge Michael L. Tucker of Montgomery County Common Pleas Court Friday.

“We were trying to resolve it informally,” Wagner continued. “We wanted some kind of compensation to (Maynard) for his rights. They (Englewood’s council) are not apologetic at all. They were trying to prove a point as well.”

Police stopped and questioned Maynard, an Englewood resident, during the 2007 arts festival because he was carrying a 9 mm Beretta on his belt in plain sight

Even though Englewood changed its open carry law in about two months after Maynard’s complaint — and his dropping off a card from his attorney — to comply with state law, Maynard decided to sue before the two-year statute of limitations ran out.

“How do you put a monetary value on having your rights violated?” Wagner asked. “The facts showed it (Englewood’s original ordinance) was an invalid ordinance and they enforced it against him. They refused to negotiate. The purpose of this suit was to seek compensation for violation of his rights. It could have been avoided if the city had acknowledged that.”

Letters from Maynard’s attorney asked for settlements of $125,000, then $15,000 and finally $25,000, but Englewood had no interest in handing out settlement money. As for court and attorney costs for the city, Englewood city manager Eric Smith said it would be taken care of by insurance, although, “I assume it may affect our rates.

“He was trying to make a name for himself as a crusader for gun rights,” Smith continued. “All the (police) department did was their job. All they did was ask him why he is walking around with a loaded 9 mm gun.

“We left him alone. He did comply. He was detained for a few minutes while they interviewed him. There was no harm, no foul,” Smith said.