san diego
Second trial for firefighters in Pride parade wraps up
Firefighter says chief’s apology wasn’t sincere
Published Thursday, 12-Feb-2009 in issue 1103
For the second time in five months, a jury was asked to determine whether four San Diego firefighters who were forced to participate in the 2007 San Diego LGBT Pride parade were victims of sexual harassment by parade spectators.
This time around, however, the firefighters’ attorney didn’t put a $4 million price tag on damages in the case.
An eight-woman, four-man jury began deliberations Wednesday to consider the firefighters’ claims in San Diego Superior Court.
A jury in the initial case deadlocked Oct. 6 and was unable to get nine jurors to agree the firefighters were harassed, and that the harassment was severe, causing a hostile work environment.
The jury was required to answer the questions before considering damages. The case ended in a mistrial.
Firefighters John Ghiotto, Chad Allison, Jason Hewitt, and Alexander Kane hope a second jury will resolve their lawsuit against the city of San Diego and the fire-rescue department. In the retrial, their attorney Charles LiMandri did not seek a specific amount in damages – unlike the $4 million he requested in October.
The City Attorney’s office contends the firefighters were not sexually harassed and the city was not at fault.
The four firefighters testified last week that they heard sexual comments and were taunted, and that they saw scantily clad men in suggestive poses during the July 21, 2007, parade in Hillcrest.
Several said they thought comments such as “let me see your hose” and “give me mouth to mouth,” were directed at them. The firefighters are all married and have Catholic backgrounds.
Another crew was scheduled to drive a fire engine in the parade, but dropped out one day before. Ghiotto, Allison, Hewitt and Kane were ordered to participate in the parade in the crew’s place.
Kane had requested to not participate in the parade three months earlier.
When Allison signed a claim against the city, he wrote: “I believe that a person who does not support homosexuality should not be forced to participate in the parade.”
When shown the claim in court by Deputy City Attorney Don Shanahan, Allison said he did write the statement.
LiMandri also had Allison read the next statement in the claim, which said: “My complaint is that I was ordered into a non-emergency environment against my will and was subjected to sexual harassment as a result.”
“We knew if we put compensation on [the claim], people would start listening to us,” Allison said. “I believe if I was a woman, it would have been handled differently.”
“It was uncomfortable being there. It was so many people, so many comments,” testified Hewitt. “It wasn’t right. This [parade] consumed the whole day.”
“We were basically put on public display. I felt embarrassed,” said Ghiotto, who added that, in filing the lawsuit, he feels he’s “committed career suicide.”
“I was shocked (to see) how they were dressed – grown men wearing underwear,” Kane said.
Dr. Glen Lipsom, a clinical psychologist who interviewed the firefighters, testified “[the] men are tightly wound” but not homophobic. The firefighters, who were once all stationed in Hillcrest, testified they were not anti-gay.
Fire Chief Tracy Jarman, a lesbian, testified she met with the firefighters several days after the parade and apologized to them. Jarman told the jury on Feb. 2 that she assured them they would not be in the parade again.
Assistant Chief Jeff Carle testified he started working on a volunteer-only policy with regards to parades two days after the complaint was made in 2007.
Carle testified he met with all four firefighters days later to tell them about the proposed change in policy, which was put into effect shortly after.
Hewitt, who was promoted to captain a year ago, told the jury, “I didn’t feel the (chief’s) apology was sincere.”
Allison told the jury he felt Jarman’s apology was not enough.
“She seemed to be saying the community needs come first,” he said.
The firefighters, who appeared in uniform every day since the retrial began Jan. 26, are on leave for six hours a day when they are in court.
LiMandri said they are in uniform because it is “fire department business.”
Other firefighters testified about their experiences in previous parades. Some were offended, but others found the parade humorous or entertaining.
“With all the things we see, you have to be able to block things. It’s just a parade,” one said.
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