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SDNews.com
Home News

Jury deadlocks over firefighters’ sexual harassment lawsuit

Tech by Tech
October 8, 2008
in News, No Images, Peninsula Beacon
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After four days of deliberations, a jury deadlocked Oct. 6 over whether four San Diego firefighters were sexually harassed during the 2007 Lesbian, Gay, Bisexual and Transsexual Parade. Jurors were able to answer only one question in the lawsuit, and they voted 11-1 to conclude that firefighter Jason Hewitt was not subjected to an adverse employment action by filing the lawsuit with the three others against the city and the city’s fire-rescue department. In a civil case, nine votes are required to reach a decision. San Diego Superior Court Judge Michael Anello set a retrial for Jan. 16. City Attorney Mike Aguirre called the verdict a victory for the city of San Diego and said the firefighters were motivated by greed. Aguirre said that if a jury had awarded damages, the money would come from taxpayer dollars. Charles LiMandri, the firefighters’ attorney, said the city violated its own anti-sexual harassment policy by ordering the four firefighters into the parade even though they objected and that other firefighters had complained about slurs and crude gestures coming from crowds at previous parades. He had sought $500,000 to $1 million for each plaintiff. Hewitt and the three other firefighters testified they were forced to drive a fire truck in the July 2007 parade in Hillcrest after one crew originally set to appear dropped out after their driver had a sudden family emergency. Hewitt was promoted to captain last February. Several jurors said they were split in many different ways and could not get the nine votes needed to answer any of the lawsuit’s claims, such as the severity of the harassment and the relative hostility at the parade. Along with Hewitt, John Ghiotto, Chad Allison and Alexander Kane testified they were repeatedly subjected to jokes about hoses during the parade. They also said they were forced to participate and given only five hours’ notice. Fire Chief Tracy Jarman testified that policy has changed as a result of the firefighters’ complaints. he told the six-man, six-woman jury that only volunteers will be asked to operate a fire truck and march in future parades, a policy that was followed in the 2008 parade. Jarman said she remembered the hose jokes, but she and other firefighters testified they did not hear or see other types of behavior the firefighters said they witnessed. Deputy City Attorney Maria Severson told jurors in closing arguments the city cannot be responsible for comments made by the public and the city cannot regulate how someone dresses while participating in a parade. Severson argued the firefighters claimed they were sexually harassed but that none of them said they were touched by any parade spectator. “For me, I feel it was a win because we stood up for what we believe in,” said Ghiotto after the mistrial. “It was never about any money from the city. It’s too bad we had to go this far.”

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