Four Cases From Todays News Headlines

Its been a busy day news wise, and four stories caught my attention. In San Francisco, two fire department applicants have filed suit in state court alleging they were discriminated against because they have diabetes. From the write up, it appears there is more to the story as both were career firefighters Presidio Fire Department, one serving as union president and the other as secretary treasurer. However, the suit is focused on the narrow issue of disability discrimination.

In New York, a firefighter has filed suit against FDNY alleging that the department is not following safe maritime practices. Firefighter Frederick Domini seeks a court order grounding the department’s newest vessel, The 343, until the department complies with all Coast Guard and maritime requirements. Domini alleges a crash between two fire boats in January proves his point.  

In Jeffersonville, Indiana, a lawsuit filed by Fire Marshall Jason Sharp over a demotion has been settled with Sharp retaining his rank of major and the city paying his legal fees. Sharp originally alleged political retaliation in the demotion but the case was settled on the basis of language in the  collective bargaining agreement.

And lastly, the Union Fire Company in Bensalem Township, Pennsylvania has been reopened following successful negotiations between local officials and the company. Recall last week the company was closed because they failed to comply with township requirements. The company alleged that the closing was political retaliation and threatened a civil suit. As a condition of reopening, the company agreed to accept new leadership.

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.
x

Check Also

Suit Against FD Alleges False Arrest and Conspiracy

A lawsuit accusing a volunteer fire department, two firefighters, three police officers, and two law enforcement agencies with assault, battery, false arrest, conspiracy, and a host of civil rights violations, has been removed to the US District Court for the Eastern District of New York. Steven Makowsky filed suit earlier this year in Nassau County Supreme Court.

KCMO Challenges Arbitration Award in Triple Fatal Crash

The City of Kansas City is appealing an arbitration decision that reduced the disciplinary penalty for the firefighter responsible for the 2021 triple-fatal apparatus crash to a three-day suspension without pay. Dominic Biscari was driving Kansas City’s Pumper 19, when it ran a red light, collided with an SUV, struck several parked cars, came to rest in a building, and in the process killed three people.