In a written ruling, a judge found no free-speech violation and denied a request from an attorney for four firefighters for a permanent injunction that would have banned firefighters from being forced to participate in any future Pride parade.

The ruling issued Oct. 10 by San Diego Superior Court Judge Michael Anello says an injunction isn’t necessary because Fire Chief Tracy Jarman testified in the firefighters’ lawsuit that volunteers would only be used to represent the fire-rescue department in future parades.

“Injunctive relief is not appropriate to punish for past acts where it is unlikely that they will recur,” Anello wrote in his ruling. “Injunctive relief would not be warranted here, however, because the city of San Diego (through its Fire-Rescue Department) has now changed its policy … Tracy Jarman made it clear in her testimony that no firefighter would be ordered in the future to participate in the Pride parade against his or her will. While the new policy may not be crystal clear … there is no basis in the evidence for this court to conclude that plaintiffs or any other firefighters will ever again be ordered to participate in the Pride parade against their will.”

The ruling was a left over action following the Oct. 6 mistrial in the lawsuit filed by firefighters John Ghiotto, Jason Hewitt, Chad Allison, and Alexander Kane.

Their attorney, Charles LiMandri, sought $4 million in damages because the firefighters were forced to operate a fire truck in the 2007 parade.

Jurors deadlocked over the suit’s allegations that claimed the firefighters were sexually harassed by the public during the parade. Jurors did not answer questions regarding whether the work environment was hostile or abusive, and whether the city could have prevented the harassment.

The foreperson in the jury said it could not get the nine votes necessary to determine whether the firefighters were subject to sexual harassment, and could not move forward.

A retrial has been set for Jan. 16.

The ruling for an injunction could only be decided by a judge, not a jury.

City Attorney Michael Aguirre and LiMandri argued the issue on Oct. 8.

LiMandri alleged the city’s action violated the four firefighters’ freedom of speech when they were forced to ride in the parade. LiMandri argued the parade is a political event, and the firefighters’ were assumed to be gay and to endorse a message that supports same-sex marriage, among other things. LiMandri, whose clients were raised Catholic, said the firefighters did not agree with the messages being conveyed.

LiMandri said the firefighters were offended by the Sisters of Perpetual Indulgence at the parade, saying the organization mocks Christian faith and the crucifixion of Jesus Christ.

“They would never get away with mocking Jews or Muslims (in the parade),” LiMandri said.

Aguirre said there was “no compelled speech” by firefighters, and their “only job” was to ride and operate the fire truck and represent the Fire-Rescue Department.

Aguirre said Mayor Jerry Sanders and Jarman have ended mandatory participation of firefighters in parades, and for LiMandri to argue otherwise, implies Sanders and Jarman are not “[people] of their word.”

The judge noted the lawsuit’s freedom of speech claim could not result in any monetary damages and the only thing he could do was to deny the injunction and claim of violation of free speech.

The jury did vote 11-1 in favor of the city on Hewitt’s claim that he was subjected to an adverse employment action as a result of filing suit in Aug., 2007. Hewitt testified he was promoted to captain in February.