Lawyer: Firefighters Were Harassed At Parade

SAN DIEGO -- After being ordered to take part in a gay pride parade, four San Diego firefighters were called names and subjected to other harassment by other parade attendees, their lawyer said Tuesday in opening statements at the trial stemming from their lawsuit against the city.

The firefighters -- Capt. John Ghiotto, Jason Hewitt, Chad Allison and Alex Kane -- are seeking unspecified damages and reimbursement for therapy and legal costs.

Their lawyer, Charles LiMandri, said in the firefighters were given a direct order to participate in the July 21, 2007, parade after another crew backed out.

LiMandri said getting firefighters to participate in the parade has become a problem over the last few years because of the catcalls and sexual gestures they're exposed to.

The plaintiffs had nothing against the gay community and one of the firefighters lived in Hillcrest, where the parade was held, LiMandri said.

"They treated everyone the same way," the attorney said. "They don't ask questions about anybody's personal characteristics."

LiMandri said the plaintiffs were the subject of name-calling and made to feel "extremely uncomfortable," forcing them to roll up the windows of the fire truck and put on headphones.

The firefighters felt humiliated and disgraced and were retaliated against when they sought counseling and asked that the city's policy be changed regarding participating in the parade, LiMandri said.

The plaintiffs were so appalled by what they saw along the parade route that they took out a camera and started videotaping, their attorney said.

Some in the crowd turned hostile and the firefighters shut off the camera after two minutes, LiMandri said.

Supervisors told the plaintiffs to stop being "homophobic" and start being team players, their attorney said.

Eventually, the four firefighters were split up and sent to different stations, LiMandri said.

Hewitt, who was later promoted to captain, felt retaliated against by one of his supervisors, LiMandri said.

After Limandri's opening remarks, Judge Michael Anello denied City Attorney Michael Aguirre's motion to throw the case out.

In his opening statement, Aguirre said it is the policy of the city to have the fire department and other departments represented at the gay pride parade, the city's largest.

City policy does not allow discrimination over sexual preference or race, Aguirre said.

He said the mayor, council members, district attorney and chief of police participated "happily and proudly" in the gay pride parade.

Regarding last year's parade, "Whatever could go wrong, did go wrong," Aguirre told the jury.

He said a crew from another fire station was set to participate in the event, but the mother of one of the engineer's died, creating "confusion and difficulty."

Aguirre said the plaintiffs decided to take a passive role during the parade, "as is their right."

The city attorney said the event represented three hours out of more than 100,000 hours worked by the four firefighters.

Aguirre said the firefighters intended to convey no message during the parade, nor did the city.

After the parade, the plaintiffs went grocery shopping and then ate a pancake meal, Aguirre said.

"They're no longer suffering emotional distress," Aguirre told the jury. "They're no longer claiming that they're suffering."

Aguirre said some firefighters "aren't crazy" about the city's policy against gay rights discrimination.

"They're not enthusiastic about the policy," Aguirre said.

The trial is expected to last about three weeks.