First Amendment

Fire Law Roundup – April 4, 2022

In this week’s episode of Fire Law Roundup, Brad and Curt discuss additional fallout from a sexual harassment lawsuit, the termination of an RI firefighter, the overturning of a punitive schedule change impacting E. Chicago firefighters, a suit against Illinois firefighters over a photo of a shooting victim, and a social media – First Amendment case out of Palm Beach County Fire Rescue.

Court of Appeals Strikes Down Palm Beach County Social Media Policy

The US 11th Circuit Court of Appeals has ruled that a social media-related First Amendment lawsuit filed by two Palm Beach County fire captains may proceed, reversing a district court ruling from 2020. In doing so the court struck down the fire department’s social media policy as being a prior restraint on employee speech.

Termination of RI Firefighter Upheld

A Rhode Island firefighter who was terminated after exhausting his accrued sick leave, has lost his federal court lawsuit alleging breach of contract, whistleblower violations, and a violation of his First Amendment rights. Fred Melnyk was a firefighter for the Town of Little Compton prior to his termination in 2019.

Court Enjoins Punitive Schedule Change as Retaliation Against Firefighters

A US District Court judge has issued an preliminary injunction ordering the city of East Chicago, Indiana to return its firefighters to a 24-48 schedule. Judge Simon concluded that Mayor Copeland forced the firefighters to a schedule in retaliation for supporting an opposing candidate in violation of their 1st Amend. rights.

Fire Law Roundup – January 31, 2022

In this episode, Brad and Curt discuss a ruling out of Colorado on Ketamine administration by paramedics, a First Amendment suit out of Georgia, a public records case out of KCMO connected to the 1988 LODD explosion that killed 6 Kansas City firefighters, a subrogation suit out of Utah, and the filing of a vaccine mandate challenge suit in San Diego, CA.

Cobb County Prevails in First Amendment and Whistleblower Suit

A Georgia firefighter who was disciplined after contacting a county commissioner to voice concerns about apparatus being place out of service, has lost a lawsuit contesting the discipline on First Amendment and whistleblower grounds. Cobb County firefighter Scott Millspaugh filed suit last year claiming his “demotion” from Firefighter III to Firefighter II was retaliation

Washington State Firefighters Sue to Block King County Vaccine Mandate

Six Washington state firefighters who claim they are entitled to a religious exemption from the state’s COVID vaccine mandate, have filed a class action lawsuit against two King County regional fire organizations, at least 20 municipalities, 19 fire chiefs, and the county medical director.

More Bad News for the Anti-Vaxxers: Washington State Mandate Upheld

A federal judge has refused to issue a temporary restraining order in a COVID19 vaccine lawsuit brought by government employees, including three Spokane firefighters and several Washington State Patrol officers. FFs Travis Wise, Daniel Betz, and Jerry Lease along with 16 state employees filed suit this month claiming Governor Jay Inslee’s vaccine mandate is illegal.

The Widening Gulf in the COVID19 Vaccine Battle

A firefighter-plaintiff in a lawsuit challenging the legality of a COVID19 vaccine mandate in Orange County, Florida, has been terminated for refusing to issue reprimands to firefighters who did not get vaccinated. That in turn has prompted Florida’s Governor Ron DeSantis to call for a special legislative session to enact laws that would prohibit such terminations.

Maine Investigator Claims Retaliation and Gender Discrimination

An investigator with the Maine State Fire Marshal’s Office has filed suit claiming he was denied a promotion in retaliation for his having testified before the state legislature on a pension bill, and on account of his gender. Mark J. Roberts filed suit naming the State Fire Marshal’s Office and Fire Marshal Joseph E. Thomas as defendants.

Second Circuit Reinstates First Amendment Suit Against FDNY

The 2nd Circuit Court of Appeals has reinstated a lawsuit filed by an FDNY fire marshal who was removed from an investigation into the cause of a fire on the set of a Bruce Willis movie that killed a firefighter on March 22, 2018. Scott P. Specht filed suit alleging a violation of his First Amendment rights, retaliation under NY civil service law (whistleblower), and intentional infliction of emotional distress.

California Chief Sues Seeking Reinstatement

A California fire chief who was fired last year over public statements he made, has filed suit alleging wrongful termination, whistleblower retaliation, and violation of his civil rights. Manhattan Beach Fire Chief Daryn Drum was fired by city manager Bruce Moe following two sets of public comments that Moe said “do not reflect our core values as a City.”

Oregon Fire District Settles Retaliation Suit for $250k

A lawsuit filed last year by an Oregon fire district employee following her termination, has been settled for $250,000. Linda Hedlund, an executive assistant with the Banks Fire District 13, filed suit in federal court claiming she was the victim of retaliation for exercising her First Amendment Rights and whistleblowing.

Indiana Firefighter Falls Pray to First Amendment Auditors

A South Bend firefighter who got into an argument with a local First Amendment auditor has been disciplined. Lance Gunderson was given a 5-day suspension without pay, required to attend anger management training, and prohibited from working overtime for 30 days following an incident on June 13, 2021.

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