First Amendment Double Standard in Missouri

Today’s burning question: Our rules prohibit us from being involved in political campaigning while on duty or in uniform. Do you think we could appear in a campaign ad for a candidate that our union supports provided we wear a uniform other than our fire department’s uniform? Also – city officials have used public safety personnel (police and fire) to pose in uniform in campaign ads for issues they support. Can they really come after us if we do this given the fact they have done it in the past?

Answer: Let’s see… how do you spell hypocricy…

Five University City, Missouri firefighters are facing three month suspensions because they appeared in a campaign ad while “in uniform”… although not a University City uniform.

Hummm….  First Amendment political activities, collective bargaining/concerted activities, due process/arbitrary/selective enforcement… perhaps even a vagueness issue in the application of being “in uniform” to include wearing someone else’s uniform.. and three month suspensions??? Seriously??? What part of this sounds like a battle a city should be spending taxpayer funds fighting? Maybe a 2 day suspension the firefighters might…. MIGHT…  take without heading to federal court. THREE MONTHS??? Someone in city government either seriously miscalculated or is intentionally looking for a fight.

About Curt Varone

Curt Varone has over 45 years of fire service experience and 35 as a practicing attorney licensed in both Rhode Island and Maine. His background includes 29 years as a career firefighter in Providence (retiring as a Deputy Assistant Chief), as well as volunteer and paid on call experience. He is the author of two books: Legal Considerations for Fire and Emergency Services, (2006, 2nd ed. 2011, 3rd ed. 2014, 4th ed. 2022) and Fire Officer's Legal Handbook (2007), and is a contributing editor for Firehouse Magazine writing the Fire Law column.
x

Check Also

Court Dismisses Illinois Firefighter’s Civil Rights Suit Against Arson Investigator

The US District Court for the Northern District of Illinois has dismissed a lawsuit accusing an arson investigator of fabricating evidence and violating an arson suspect’s civil rights. The suit was brought by a firefighter who claims he and the investigator had a history that led to the arson charges being brought.

Fired Colorado Firefighter Alleges Race and Gender Discrimination

A probationary firefighter-paramedic in Colorado who was terminated last year has filed suit alleging she was the victim of both race and gender discrimination. Cassidy Cordova filed suit in US District Court for the District of Colorado naming the South Metro Fire Rescue and three officers as defendants.