Fire Law Blog Fire Service and Public Safety Legal Issues Blog by Curt Varone
Another court has refused to block a fire company closing that a community claims is necessary in order to address its financial difficulties.
On Tuesday, Kenton Circuit Court Judge Gregory Bartlett refused to grant a temporary restraining order against the city of Covington, Kentucky. The suit was brought by Covington Professional Firefighters, IAFF Local 38 on Monday when the city implemented a brown-out of Pumper 1, and a staffing reduction of 3 firefighters per shift, from 30 per shift to 27.
Fire Chief Chuck Norris told the press that he chose Pumper One, which is housed with a ladder, rescue truck and ambulance, because doing so would not require closing a station.
Judge Bartlett was quoted as saying that courts should not be in the position of evaluating how communities address their financial difficulties. Although he went on to conclude that the union failed to prove irreparable harm, that reasoning is unfortunate. If courts will not stand in judgment of parties who evade their contractual obligations, who exactly will?
In this case, the very existence of a financial crisis in Covington is in dispute. According to Mayor Denny Bowman, the city is not in a financial crisis, but instead chose to create a shortfall by spending more on capital improvements. Bowman submitted his resignation Tuesday and is stepping down Friday.
