san diego
Firefighters’ attorney seeks $4 million
Jury begins deliberations
Published Thursday, 02-Oct-2008 in issue 1084
Attorney Charles LiMandri asked a jury to award $4 million – $1 million per plaintiff – to the firefighters who allege they were sexually harassed by spectators when they were forced to ride in the 2007 San Diego LGBT Pride parade.
“What my clients were exposed to was offensive to the reasonable person,” LiMandri said in his closing arguments on Tuesday. “Our city failed them … They felt humiliated. They felt demoralized.”
The jury began deliberations Wednesday after hearing closing arguments by LiMandri and Deputy City Attorney Maria Severson, who, along with City Attorney Michael Aguirre defended the city in the case. San Diego Superior Court Judge Michael Anello issued instructions to the six-man, six-woman jury, who must address a series of questions before it can decide to award any damages.
“Four million dollars for being in a parade for one and a half hours?” Severson said incredulously in her closing argument.
Severson asked jurors not to award any damages to the firefighters, saying any continuing stress the firefighters may feel is the result of their lawsuit being heard in open court. She said “there was no physical threat,” and no one touched them inappropriately.
Severson said firefighters battling flames “see things nobody wants to see,” such as mangled bodies following a fire, but don’t sue for damages for the gruesome things they witness.
The first question jurors will have to answer is whether Captain John Ghiotto, Chad Allison, Alexander Kane, and Captain Jason Hewitt were victims of sexual harassment during the parade. Jurors will then answer whether the city of San Diego failed to take measures to prevent it from happening.
Severson urged jurors to answer no to the second question and said they did not need to deliberate any further. If jurors do answer yes to that question, they must answer more questions, including whether the four firefighters were sexually harassed because they are male, and whether the parade was a “hostile work environment.”
The firefighters all testified they were subject to sexual catcalls, such as “Let me blow your hose,” and “Let me hold your hose” as they drove through the parade route. Each firefighter testified he believes comments or gestures by members of the crowd were aimed at the firefighters.
Ghiotto testified he saw “less than 10, more than five” parade spectators stare at him and rub their crotches. Allison testified he rejected a Hostess Twinkie that was offered to him by two men who told him “you look hungry.”
Kane testified he saw “grown men wearing underwear or tight shorts.” Allison testified he saw men wearing thongs and unusual outfits.
Both said they saw a man fondling himself on a float.
LiMandri said “nobody would put a woman” in a similar situation. But a number of female firefighters, including Fire Chief Tracy Jarman, testified they participated in the parade and did not see or hear the same things the firefighters testified to, though Jarman said she heard people making comments about the firefighters “hoses.”
Severson said the hose comments were “juvenile,” but asked how a city can regulate what people say at a parade. “How can the city control how someone is dressed?” she asked. “They’re alleging the public harassed them.”
“This is not a case about city policy. Don’t follow that red herring,” Severson said. “This is not a case about speech. This is a case of public service. These four were on duty. They [were] getting paid, some on overtime.”
The deputy city attorney said the fire-rescue department personnel march in 10-15 parades a year, including the Martin Luther King, Jr., Cesar Chavez, Veterans Day and Christmas parades. She said the department must participate in all parades and not pick and choose.
Adrian Reyes, a 22-year-old paramedic, testified Monday he drove a paramedic unit in the 2007 Pride parade. He testified he heard people say “We love you,” and “You’re so hot.” Reyes said he didn’t hear anything offensive, and added, “I think it’s flattering.”
Dr. Dominick Addario, a psychiatrist retained by the city, testified Monday that he reviewed limited reports from a psychologist who talked with all four firefighters. He said the firefighters did not suffer from any psychiatric disorder that originated from the parade.
“They were angry about an issue, but it didn’t cause a mental disorder,” said Addario.
Addario said he wasn’t allowed to actually examine each firefighter, but he noted there was no record they sought psychiatric help or medications.
“They had options through their health plan … and they sought none of them,” he added.
Hewitt testified he received two threatening phone calls at home following the incident. He said one caller mocked him, saying “Boo hoo hoo, can’t handle homosexuals coming on to you. Watch your back.”
Deputy Fire Chief Chris Brainard, a 27-year veteran, testified as the city’s last witness Monday. He said Ghiotto complained about receiving strange phone calls at home and he talked to him about it. “He didn’t think he was in danger,” Brainard said.
Brainard told the jury firefighters can refuse an order if they believe it to be illegal, immoral, or unsafe, but they have to live with the consequences of that. Brainard said Ghiotto could have radioed his supervisor to get his men out of the parade.
“In my opinion, when you’re on duty, you do as you’re told,” Brainard said.
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