First Amendment

Arbitrator Upholds Termination of Florida Firefighter For Gang Affiliation

The termination of a Florida firefighter for violating a gang affiliation prohibition has been upheld by an arbitrator. Clinton Neal Walker was fired by Hillsborough County Fire Rescue in January 2018. He was the first county employee to be charged with violating a new ordinance that prohibits employees from being affiliated with a criminal organization.

Mass Firefighter Sues Fire Chief For Religious Discrimination Over Photo

A Massachusetts firefighter who was disciplined for refusing to pose for a photograph on religious grounds, is suing his fire chief for violating his First Amendment rights. Thomas Swartz, a firefighter-paramedic for the Borne Fire Department, claims Fire Chief Norman Sylvester asked him to pose for a photo, and suspended him for one-day without pay when he refused

Washington Captain Settles Religious Discrimination Claims for $1 Million

A Washington fire captain who was terminated for ignoring orders to stop sending religious-themes emails over the department’s email system has reached a settlement of his First Amendment religious discrimination suit. Former Spokane Valley captain Jon Sprague has agreed to settle his suit against the Spokane Valley Fire Department for close to $1 million.

NY Firefighter Claims Termination For Facebook Posts Violates 1st Amendment

A New York firefighter who was suspended and ultimately terminated from his fire department over social media posts, has filed suit against his department, four chief officers, and four fire commissioners. John Tyson filed suit earlier this month against the St. James Department, the St. James Fire District...

Indiana Chief Named in Wrongful Arrest Suit

An Indiana fire chief has been named in a federal lawsuit accusing several local officials of false arrest, malicious prosecution, tortious interference with a contract, and violations of the 1st, 4th and 14th Amendments. The suit was filed by Kristopher Bilbrey naming the City of Westminster, Police Chief Richard Tucker, Assistant Police Chief Jon Reed, and Fire Chief Gary Moore as defendants

Fired Maine Chief Sues Seeking Reinstatement

A fire chief who was terminated after bringing complaints about the town manager to a town selectman has filed suit challenging his dismissal. Former Ogunquit fire chief Mark O’Brien filed suit in York County Superior Court challenging his termination by Town Manager Patricia Finnigan

Atlanta Settles With Chief Cochran for $1.2 Million

The City of Atlanta has agreed to settle a wrongful termination and religious discrimination lawsuit brought by former Fire Chief Kelvin Cochran. Chief Cochran was fired by Mayor Kasim Reed in 2015 over a self-published book the chief authored about his religious beliefs. Reed believed the book was critical of homosexuality.

San Antonio Chief Disciplines Union President For Wearing Union Uniform

San Antonio Fire Chief Charles Hood has reprimanded IAFF 624 Local President Chris Steele for wearing a uniform that closely resembled a fire department uniform at a political event. The incident occurred on September 20, 2018 at a rally for a proposed charter amendment.

Social Media Posts and the Cowards Way Out

Today’s burning question: I am a fire chief and I want to know if I can discipline a firefighter for the comments his wife is posting on social media that demean and disparage me and the fire department if I know he is behind it. Answer: Ah yes, the proverbial “coward’s way out”: using one’s spouse as a mouthpiece to criticize the fire chief and the fire department.

Florida Possum Festival Lawsuit Dismissed

Hey, stop laughing, this is serious business. The infamous Possum Festival Lawsuit of 2017 has been dismissed. The federal suit was brought against Wausau Fire Chief Samuel Rudd and the Town of Wausau by former County Commissioner Lynn Gothard over a political advertisement that she wanted published in a pamphlet the fire department was preparing for the 2016 Wausau Possum Festival.

Cincinnati District Chief Appealing Trouble-Maker Lawsuit

A Cincinnati district chief who twice reported misconduct by other chief officers and thereafter was passed over for promotion, is appealing a ruling by a US District Court in favor of the city. District Chief Raffel Prophett filed suit last year accusing City Manager Harry Black of labeling him as a trouble-maker and blocking his promotion to Assistant Chief.

Nevada Firefighter Union Sued By Mayoral Candidate

A Nevada man who ran an unsuccessful campaign for mayor of the town of Fernley has filed suit against a firefighters’ union that he claims defamed him during the campaign. Ryan Hanan filed suit last month accusing IAFF Local 4547, North Lyon County Firefighters Association, of defaming him on Facebook by posting false statements about his service as a firefighter.

First Amendment and Photography Question

Today’s burning question: If the First Amendment gives people the right to film us in public doing our job, doesn’t it also give a firefighter the right to film while on duty? Our chief says we surrender our First Amendment Rights when we are on duty. How can that be?

Supreme Court Strikes Down Agency Fees for Public Sector Unions

In a long-awaited decision, the US Supreme Court has ruled that public-sector unions may not require the payment of an agency fee from non-members. Handed down today in Janus v. AFSCME, the decision was based on the First Amendment concerns of non-union members who objected to having to financially support a union against their beliefs.

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