Fireman forced to be in parade. Do you award damages?

[Reality]

4 San Diego firemen were forced to drive a truck (and i think two of them walk in front of it) as part of the parade. The annual gay pride parade. Their boss is a gay woman. Previous years the city asked for volunteers only. This year the woman boss forced them to.  "The four men say they suffered emotional distress because of what they saw and heard: cat calls, simulated sex acts among men wearing nothing but briefs, and lewd comments and gestures."

Will you award damages? I think 4 million is a joke but i certainly give them some amount for damages.
http://www.signonsandiego.com/news/m...n30parade.html
Here is a picture of the boss
and more on how it unfolded. Sounds like it was a gay male underboss who initially ordered the 4 to the parade. http://www.signonsandiego.com/uniont...m19parade.html
Female firefighter who was in previous parades testifies:
http://www.signonsandiego.com/news/metro/20080916-1422-bn16parade.html
The first witness was Capt. Lynda Lynch, who has worked 27 years for the San Diego fire department. She participated in the gay pride parade in 1999 and 2003 or 2004.

During his questioning of Lynch, LiMandri showed her about a dozen enlarged photos taken during last year's parade. The pictures showed things such as two men simulating sex on the back of a convertible, nudity, and obscene words written across the bodies of parade marchers.

Lynch testified that she saw similar images during her two times in the parade.

She also said that during the 1999 parade, she and other firefighters heard positive comments such as ?You go, girl!? But in the second parade, Lynch testified, the male firefighters riding with her became the subjects of sexually lewd or suggestive remarks.

No complaints were filed after either parade. In 2006, though, Lynch submitted a written complaint on behalf of firefighters who said they were harassed during that year's parade.

[westkoast]

Damages should be awarded and their should be punishment for all those involved in making this happen.  4 million though? Gimmie a break.  I hate when people try to work the system for millions of dollars knowing damn well it wasn't that bad.  I'd love to here the testimony of some of those fire fighters in court complaining about how they have nightmares that a gay man might run up to him and make a humping motion while they are  in uniform 

[Ted]

C'mon Reality . . . stop messing around. That's a dude. 

[SPURSX3]

how does the song go?  "Dude looks like a lady!"

Damages?  Hell Yes!  you can't force someone to do that.  How cares if the boss IS gay, if it was the other way around wouldn't there be an uproar?  Forget that. 

I don't think 4 million should be awarded, but they do deserve something for this.

[rickortreat]

I think the Chief should be reprimanded for misuse of employees, and they should be awarded damages to be determined by a jury.

[jemagee]

THe Chief should be suspended if not possibly fired (which they won't do because it'll seem like gay bashing, but if an irish fire chief did it for an irish parade, he'd get fired, only when all are equal will we have equal rights, and that includes being in trouble for the some things)...it's nonsensical, and she should have known better, and if she DIDNT know better she probably wasn't qualified for the job in the first place

[Laker Fan]

She should be fired and the firemen should receive whatever the jury awards them, outrageous abuse of power!

That being said, had I been one of those firemen, not only would I have flat refused to be involved in this event, I would have immediately filed a complaint and prepared to sue should I lose my job, no ones personal integrity should be trumped by a job, shame on them for obeying an illegal order.

[jemagee]

Shame on them for not taking the avenues available them, aren't fire workers part of a union?  Shouldn't they have filed a complaint with their union rep?

Unless of course they did it this way so they COULD sue.

[Ted]

I thought the article said that firefighters had filed multiple complaints in multiple years, about THE SAME PARADE.

I'm loving the ALL CAPS today. Where's Randy?

[Reality]

   Just like when Johny Cockroach asked "for just one black juror", the city of San Diego Dist Atty is asking "for just 4 gay jurors".  (Civil suit, thus 9 of 12 needed to convict.  The Dist Mike Agguire is gay from all i can tell surmising his comments about this suit.)

Jury in gay-pride parade suit indicates trouble reaching consensus
UNION-TRIBUNE 2:14 p.m. October 2, 2008

SAN DIEGO ? A jury deliberating whether four San Diego city firefighters were sexually harassed during last year's gay pride parade asked the judge Thursday morning about the amount of jurors needed to reach a verdict.
The question, submitted to the judge about 10 a.m., was quickly answered: at least nine jurors need to agree on a count in order to reach a verdict in a civil trial.  The panel, which heard two weeks of testimony, started deliberations at 9 a.m. Wednesday.

The attorney representing the firefighters has said his clients each deserve $500,000 to $1 million from the city of San Diego.  Other firefighters testified they were not offended by the crowd's behavior and did not see any spectators approach the fire department vehicles.  The jury continued deliberations Thursday afternoon after returning from a lunch break.

 

[WayOutWest]

I think the guys sueing must be closet homos.  If some rump rider where to wistle at me I would just ignore it because it's no big deal (just like EVERY hot girl I whistle at ignores me with a look of disdain).  Firemen are soooooooooooo respectful of hotties that walk by their station.... 

[Reality]

Verdict: A mistrial was declared. Jurors were deadlocked over whether the firefighters suffered harassment. Jurors said they came close, but were unable to reach a minimum of nine votes required for a verdict in a civil case.

Extra Complaint: One firefighter said he suffered retaliation within the department because of his involvement in the case.

Verdict: Jurors voted 11-1 against the firefighter. Outside the courtroom, some jurors said they believed he was retaliated against, but didn't suffer any harm because he was ultimately promoted.

Retrial: A hearing is scheduled Jan. 16.
 
After speaking with jurors yesterday, (Firemans atty) LiMandri said many of them said the firefighters suffered sexual harassment but the jury was unable to reach the minimum of nine votes required for a verdict in civil cases in state court.

?I felt that they were wronged,? said Helene Matthews, a juror from Mira Mesa. ?They were put in a situation that you or I in our jobs would not be put in, and then they were forced to do things that went against their morals, and I consider that to be harassment.?

Jury forewoman Susan Wolking of Poway said she felt bad that the jury could not reach a decision, in part because the firefighters ?took a significant risk to step out? and say they should not have been forced to participate in the parade.

?They were not making a condemnation of the gay community,? she said. ?They were not saying in any way that the fire department shouldn't be in the parade.?

The panel found that Hewitt and Allison were sexually harassed, Wolking said. But the panel was split on the other two and therefore deadlocked on the entire sexual harassment cause of action in the suit.
Anello ordered the attorneys to return to court tomorrow to argue the issue of whether the firefighters' free-speech rights were violated.

?It is in fact an exercise of free speech,? LiMandri said outside the courtroom. ?(It's) an appropriate one by the gay community, but nonetheless you cannot make somebody participate and thereby endorse messages that they may not agree with.?

Attorneys on both sides have said they plan to file motions asking a judge to rule in their favor before the start of a new trial.