First Amendment

Termination Of Boston Firefighter For Outrageous Social Media Posts Upheld by Civil Service

The Massachusetts Civil Service Commission has upheld the termination of an outspoken African American firefighter from Boston who was terminated for his offensive social media posts. Octavius Rowe, a 15 year veteran, was fired on April 30, 2018 after a lengthy investigation.

FDNY Reverse Discrimination and Retaliation Suit Will Continue

An FDNY battalion chief who claims he was subjected to reverse discrimination and retaliation after reporting rumors about paramedic having sex with a firefighter in his fire station, has lost 13 of the 20 counts in his lawsuit, but he will be allowed to proceed on the remaining seven against the city and FDNY.

Today’s Burning Question: Should The Loser Pay?

Today’s Burning Question: If someone files suit against a fire department and loses, shouldn’t they have to pay the city’s legal bills? Answer: That is not how our legal system works. Let’s use a recent case out of Sebring, Florida to better understand the issues.

SC Captain Terminated for BLM Post Can Allege Race Discrimination But Not 1st Amendment

A magistrate judge has recommended the dismissal of the First Amendment claims of a white Columbia fire captain who threatened on Facebook to run over Black Lives Matter protestors. However, he also recommended that the Captain be allowed to make his case to a jury that his termination constituted race discrimination.

Oregon Firefighter Recruit Settles Wrongful Termination Suit for $150k

An Oregon firefighter recruit who was terminated from a fire department training program twice in 2017, has agreed to settle his wrongful termination lawsuit for $150,000. Brock Bryant was terminated by Columbia River Fire Rescue for “failure to meet the standards expected of a firefighter.”

NC Facebook Post Results in Two Cybercasualties

A social media post advocating the extermination of immigrants being held in detention camps has impacted two North Carolina firefighters, a father and a son, and two different fire departments. Caleb Folwell was a career firefighter at the North Chatham Fire Department.

Two Palm Beach County Captains Claim Their Discipline Violates First Amendment

Two captains with Palm Beach County Fire Rescue have filed suit claiming the department violated their First Amendment rights by disciplining them for their social media posts. Captain AJ O’Laughlin and Captain Crystal Little filed suit in Palm Beach County Circuit Court last week.

Fired Massachusetts Chief Sues Selectmen Alleging Termination Was Political

A Massachusetts fire chief who simultaneously served as a member of the town’s Board of Selectmen, is now suing the board and the other selectmen over his termination last February. Fire Chief Ernest J. Cardillo, Jr. filed suit last week in US District Court accusing the Town of Stockbridge and the selectmen with violating his civil rights under federal and state law.

Virginia Firefighter Fired Following Trump Inauguration Protest Files Suit

A Henrico County, Virginia firefighter who was arrested for rioting at Presidents Trump’s inauguration in 2017, and was later terminated for lying to investigators, has filed suit in federal court claiming the department violated her 1st Amendment Rights. Rosa Dianne Roncales was fired on April 5, 2017 for “discrepancies” she gave to fire department investigators relative to her involvement in the rioting and vandalism that occurred in Washington, DC on January 20, 2017.

Latin Music Festival Organizers Claim Police and Fire Demands Ruined Event

The organizers of a now-defunct music festival called "Pueblo Fest" are suing the host city of Tulare, California claiming its fire and police departments sabotaged the event with unreasonable requirements and excessive costs. The suit was filed by Esau and Euler Torres in US District Court naming the city, Police Chief Wes Hensley, and Fire Chief Willard Epps.

NJ Firefighter Claims Religious Discrimination Over No Beard Rule

A New Jersey firefighter hoping to head off a disciplinary action over his refusal to shave his beard, has filed suit alleging religious discrimination. Atlantic City firefighter Alexander Smith filed suit last week in US District Court for the District of New Jersey claiming the fire department’s rules prohibiting beards discriminates against him on account of his religion.

Polk County Prevails in First Amendment Suit By Medical Director

The 11th Circuit Court of Appeals has rejected the appeal of a doctor who claims she was wrongfully replaced as the Polk County Fire Department’s medical director after she voiced concerns about the handling of an African American candidate with a medical condition. Dr. Nancy King served as the occupational health director for Polk County for 15 years.

First Amendment Photography Followup

Today’s burning question: Regarding your post on violating the First Amendment rights of firefighters by banning picture taking while on duty, a government agency would likely have the right to ban personnel from another governmental agency from filming at their incident scene for the same reasons you mentioned that an employer can ban them, and also because of a compelling interest in maintaining the safety of the citizens and their employees. Am I missing something?

First Amendment Right To Film and On-Duty Personnel

Today’s burning question: My chief thinks he can stop us from taking photos at incident scenes. He does not seem to understand we have a 1st Amendment Right to film in public places. Can you point me to any cases showing that an on-duty firefighter has a 1st Amendment Right to film? Answer: No, I cannot.

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