The verdict will mean no government employee will be forced to attend "Gay Parade" again.San Diego's fire chief, Tracy Jarman, is an open lesbian who called the July 21 parade a "fun event" in which "all employees are encouraged to participate."
They reported hearing statements such as, "show me your hose," "you can put out my fire," "you're making me hot," "give me mouth-to-mouth," and "blow my hose." When they refused to respond to the crowd, some in the crowd turned hostile and started shouting, "F--- you firemen" and others began "flipping them off."
SAN DIEGO -- Four San Diego firefighters suffered harassment when they were assigned to ride in a gay pride parade, and the city did not do enough to prevent their harm, a jury decided Tuesday.
In a retrial of their civil lawsuit, Capt. John Ghiotto and firefighters Jason Hewitt, Alex Kane and Chad Allison were awarded a combined $34,300. Ghiotto will receive the lion's share -- $14,200 for past and future lost earnings and an extra $5,000 for emotional distress.
The other plaintiffs were each awarded $5,000 for emotional distress -- with Allison given an extra $100 in medical expenses.
"The amounts were a little low," plaintiffs' attorney Charles LiMandri said outside the courtroom.
But the verdict will mean no government employee will be subjected to similar treatment again, he said.
"That was the main thing," LiMandri said. "That's what we've been fighting for for one and a half years and two trials."
Jurors were unable to reach a decision in the first trial.
LiMandri told jurors that Ghiotto, Allison, Kane and Hewitt were subjected to crude comments, vulgar actions and simulated sex acts during the 2007 Pride Parade and had unwanted sexual material delivered to their station after the event.
The lawyer said his clients also witnessed a man groping another man along the parade route when children were present, creating an offensive work environment.
Deputy City Attorney Don Shanahan countered that the plaintiffs never told supervisors they were subjected to sexual harassment.
Shanahan said the plaintiffs met with the fire department's top three officers, but weren't satisfied even when the Chief Tracy Jarman apologized and promised to change the department's policy and use only volunteers in the parade.
He said the department bent over backwards.
Ghiotto, after the verdicts were announced, said the city did nothing for them.
"There was wrongdoing that day," the captain said. "We all agreed on it. We felt that unless we stood up for ourselves, it would happen again."
Juror Nancy Chiquete called the verdict a "difficult decision."
The "intensity of the situation" at the parade made the difference for the jurors, she said.
"People saw things that wouldn't normally be acceptable," Chiquete said.
The verdict forms called for the jurors to answer eight questions for each defendant and then fix damages.
Among the questions were whether harassment was severe or pervasive, whether a reasonable person would call the work environment hostile or abusive, and whether the failure of the city to take reasonable steps to prevent the harassment a substantial factor in causing harm to the defendants.
With at least nine votes, the jurors answered yes to all the questions for each defendant.
Shanahan said the city will appeal the verdict and fight any attempt by LiMandri to have the city pay the plaintiffs' attorneys' fees.
Judge Timothy B. Taylor denied motions by the city for a new trial and to ignore the jury's findings and issue his own verdict.
Source: 10news.com - Link
That Fire Chief should be ashamed. Who does she think she is???
ReplyDeleteFor SHAME!