Fire Law Roundup for October 14, 2024

In this episode of Fire Law Roundup for October 14, 2024, Brad and Curt discuss the settlement of a lawsuit arising out of an assault in California; a ruling that upheld a public utility decision citing a utility for not ...

Court Rules FDNY First Amendment Suit Can Proceed

A US District Court judge has refused to dismiss a lawsuit brought by an FDNY deputy assistant chief who was denied a promotion for refusing to renounce letters to the editor he wrote decades ago relative to merit based testing. Even more interestingly, Judge Brian M. Cogan suggested that the proper First Amendment analysis for the case is not the traditional Pickering Balancing Test, but rather one that looks at the ability of government to compel the speech of public employees.

Palm Beach County Social Media Suit Dismissed

A lawsuit filed last year by two captains with Palm Beach County Fire Rescue after they were disciplined for social media posts, has been dismissed. Captain AJ O’Laughlin and Captain Crystal Little filed suit in Palm Beach County Circuit Court last May. It was later removed to federal court.

Termination Of Boston Firefighter For Outrageous Social Media Posts Upheld by Civil Service

The Massachusetts Civil Service Commission has upheld the termination of an outspoken African American firefighter from Boston who was terminated for his offensive social media posts. Octavius Rowe, a 15 year veteran, was fired on April 30, 2018 after a lengthy investigation.

Today’s Burning Question: Should The Loser Pay?

Today’s Burning Question: If someone files suit against a fire department and loses, shouldn’t they have to pay the city’s legal bills? Answer: That is not how our legal system works. Let’s use a recent case out of Sebring, Florida to better understand the issues.

Trial Court Renders Split Decision to Kelvin Cochran And Atlanta

The trial judge in the case of former Atlanta Fire Chief Kelvin Cochran handed down her long-awaited ruling this week, and it was a split decision. Chief Cochran was terminated in 2014 after he published a religious-themed book in conjunction with his ministry that many considered to be offensive to the LGBT community.

Court Strikes Down Police Department Social Media Policy In Ho-Hum Non-Precedent Setting But Widely Discussed Decision

Today’s burning question: I just saw that the 4th Circuit struck down a police department’s social media policy based on the First Amendment. I live in Nevada, which is part of the 9th Circuit. Will that ruling be binding here? Answer: Boy, there sure is a lot of interest in that 4th Circuit case. I have received over 25 emails and social media contacts TODAY ALONE.

11th Circuit Rules Florida Assistant Chief Has No First Amendment Protection

An assistant chief who was terminated after he complained publically that the “City’s actions would negatively impact the fire department’s provision of services”, was not entitled to protection under the First Amendment, according to a ruling handed down last week by the 11th Circuit.

Houston Firefighter’s Post Sparks Complaints

A Houston firefighter has been placed on administrative duties as the department investigates offensive anti-Islamic posts on his personal Facebook page. The unidentified firefighter allegedly made the posts last month drawing the attention of KTRK TV Channel 13, who in turn brought them to the attention of the fire department.

Fire Law Blog Fire Service and Public Safety Legal Issues Blog by Curt Varone

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