Firefighter and ACLU Sue Town for Privacy Violation

Posted by: Curt Varone December 4, 2009 0

On December 4, 2009, the RI affiliate of the American Civil Liberties Union filed a federal lawsuit on behalf of a Johnston firefighter against the town and its police chief, alleging that the release of the  firefighter's driver's license information to a town councilman, and its subsequent release to the public, violated the Federal  Drivers Privacy Protection Act.

The suit names the town and Police Chief Richard Tamburini as defendants. The Drivers Privacy Protection Act prohibits the disclosure of motor vehicle record information by police and others for unauthorized purposes. The councilman, Ernest Pitochelli, released a letter into a local newspaper that was critical of the Johnston Fire Department, cited the firefighter’s vehicle as having an offensive bumper sticker, identified the firefighter by name, and stated he was on work-related disability. The day after the letter was published, the windshield of the firefighter’s car was smashed.

More on the story.

About Curt Varone

Curt Varone has over 45 years of fire service experience and 35 as a practicing attorney licensed in both Rhode Island and Maine. His background includes 29 years as a career firefighter in Providence (retiring as a Deputy Assistant Chief), as well as volunteer and paid on call experience. He is the author of two books: Legal Considerations for Fire and Emergency Services, (2006, 2nd ed. 2011, 3rd ed. 2014, 4th ed. 2022) and Fire Officer's Legal Handbook (2007), and is a contributing editor for Firehouse Magazine writing the Fire Law column.
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