First Amendment

RI Statute Prohibiting Solicitation of Fire Victims at Scene Upheld

The US District Court for the District of Rhode Island has upheld a Rhode Island statute that prohibits insurance adjusters, disasters restorers, and contractors from entering onto fire damaged premises until twenty-four hours after the fire marshal or fire department has released the premises back to the owner.

Termination of Long Beach NY Firefighter Upheld by Federal Court

A career firefighter in a combination fire department in New York who was terminated after an altercation with volunteer firefighters, has lost his federal court lawsuit. Brian McNamara filed suit in 2016 claiming his termination from the Long Beach Fire Department was connected to his activities as secretary for the Long Beach Professional Firefighters Association, IAFF Local 287.

California Fire Chief Terminated Over Comments

The past few weeks have seen unprecedented numbers of firefighters in the headlines over comments posted in social media related to race relations. Sometimes we get so accustomed to speech-related discipline being associated with social media posts, that we forget that non-social-media-related speech can be just as problematic. And so it was with Manhattan Beach Fire Chief Daryn Drum.

FDNY EMS Workers Claim Retaliation For Speaking to Media

Four FDNY EMS workers and their union have filed suit against the City of New York and Fire Commissioner Daniel Nigro claiming they were retaliated against for speaking to the news media. AFSCME Local 2507, Elizabeth Bonilla, Alexander Nunez, Megan Pfeiffer, and John Rugen filed suit in federal court.

Firefighter Social Media Toll Continues to Rise

The toll that social media posts are taking on the fire service continues to mount this week. Last week, Dave Statter listed 10 cases that hit the news, several involving chief officers. The trend continues. In New York, Hillcrest Fire Chief Rick Larson is facing a backlash following a post that discussed following rioters home and burning their properties...

Louisiana Firefighter Loses Appeal Over Termination for Facebook Post

A Louisiana firefighter who was fired for referring to his fire district’s board of commissioners as “a board of clueless idiots” on Facebook, has lost an appeal to the Fifth Circuit Court of Appeals to get his job back. Joseph Larry Moreau, Jr. was fired by St. Landry Fire Protection District No. 3 in 2018

California Union’s Retaliation Suit Against City Officials Dismissed

A lawsuit filed last year by Santa Maria City Firefighters IAFF Local 2020 accusing the city, Fire Chief Leonard Champion, former City Manager Rick Haydon, and Human Resources Director Jayne Anderson of retaliation, has been dismissed against the three officials.

Florida Fire District Sued For Viewpoint Discrimination

A Florida man has filed suit against a fire district claiming that his First and Fourteenth Amendment rights were violated when the department’s public information officer blocked him from the department’s Facebook page. Randy Scott filed against the Lehigh Acres Fire Control And Rescue District and PIO Katie Heck suit this week.

Palm Beach County Social Media Suit Dismissed

A lawsuit filed last year by two captains with Palm Beach County Fire Rescue after they were disciplined for social media posts, has been dismissed. Captain AJ O’Laughlin and Captain Crystal Little filed suit in Palm Beach County Circuit Court last May. It was later removed to federal court.

Michigan Firefighter’s First Amendment Retaliation Claim Survives

A Michigan firefighter who was fired in 2015 for allegedly falsifying his time sheet, was granted a reprieve by the US 6th Circuit Court of Appeals last Friday, who reversed a trial court decision that would have ended his suit. Peter Hudson was fired by the Highland Park Fire Department in 2015.

Mass Firefighter Sent for Psych Eval Sues for $2 Million

A Massachusetts firefighter who claims he was retaliated against and ordered to go for a psychiatric evaluation for complaining the town was not properly compensating military reservists, has filed suit against the town, the fire chief, the HR director and the town manager.

Firefighter Claims His Hometown Mayor Pressured His Fire Chief and Others Over Political Signs

A firefighter for the City of Rocky River, Ohio who lives in the City of Olmsted Falls, has filed suit against the mayor of Olmsted Falls accusing him of violating his free speech rights by trying to get him to remove a political sign from his yard. Scott Solarz filed suit against Olmsted Falls Mayor James Graven earlier this month.

Louisiana Firefighter Loses First Amendment Claim Over Facebook Post

A Louisiana firefighter who was fired for referring to his fire district’s board of commissioners as “a board of clueless idiots” on Facebook, has lost his First Amendment lawsuit to get his job back. Joseph Larry Moreau, Jr. was fired by St. Landry Fire Protection District No. 3 last year.

San Antonio Within Its Rights To Limit Firefighters’ Political Activities On City Property

A federal court in Texas has ruled that the City of San Antonio was within its rights to restrict members of San Antonio Firefighters IAFF Local 624 from seeking signatures for two ballot initiatives in 2018 on certain city owned properties. Local 624 sought to have the city’s policies prohibiting political activities declared unconstitutional in violation of the First Amendment.

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