Op-ed: San Diego Firefighters Win Suit over Gay Pride Harassment

Four San Diego Firefighters have sued the city of San Diego for being forced by the City to participate in a Gay Pride Parade and, while participating in that parade, being sexually harassed.  The four have won their suit, collecting around $34,000.

The City required the firefighters to ride on an engine and participate in the parade as representatives of the City.  During the parade, the firefighters claimed they were subjected to pervasive sexual harassment in the form of lewd gestures, comments, “cat-calls," etc., from the parade’s participants and spectators. 

The jury agreed that this constituted sexual harassment, and, since the firefighters were there (and subjected to that harassment) because of the City’s demands, the City was held liable.

I was not at the parade.  But I am going to go out on a limb here, based on what I know of the facts of the case and what I know of the dozens of Gay Pride Parades I have been to across the U.S. and Canada, and state that I have little doubt that these firefighters were, indeed, recipients of untold numbers of lewd and harassing sexual comments and gestures.

I'm gay, and I sure as heck would not want to be forced by my employer to participate in some “Hooters” promotion during which I was repeatedly forced to deal with the sexual comments and gestures of straight people.

So, when the shoe is on the other foot – as it is in this case – I can understand why these firefighters were upset and why they sued. 

It's important that Cities show unity and inclusion at Gay Pride Parades; it shows that we, too, are full-fledged and important tax-payers on equal standing with straight citizens.  However, that does not, in my mind, clear a City of taking responsibility for what happens to its employees who are forced to represent the City at such events. 

Straight or gay, people have the right not to be harassed.

(Image courtesey of Getty)

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Comments

[anon]

Joe,

I am so with you on this. Listen, I have many gay and lesbian friends from my undergraduate days in SF and they all said they understood this suit. The Firemen should not have been forced to do it. Simple. I will enjoy the Gay Pride with my friends so much more knowing that the firefighters are volunteers.

[Wyatt1969again]

I agree.

[Donovan]

I agree with you on this too. Those firefighters should not have been forced to participate if they didn't want to. I have been to several Pride Parades over the years and I can pretty much guess at the lewd gestures they were subjected to. They should have sued and won!!

[bulls**t]

Sorry, but catcalling at a gay pride parade is not harassment. Just because these het firemen are homophobic and could not enjoy a boisterous parade does not entitle them to any money. At best, the city could apologize to them because their superiors forced them to go. But homophobia should never be rewarded with cash.

[swetex]

If USA is a free country, no employee can force anyone to participate in anything there has nothing to do with their job ! So this firefighters has joined this parade at own free will, and I presume those firefighters are growing up men ? So what !!
Only in The States peoble are sue each other to earn an exstra dollar.

[Mike Butler]

Sorry, I don't buy it. These men are paid to work in front of members the public--even rude ones. If they're in the 4th of July parade and get heckled by pacifists--or pyromaniacs, for that matter--will they come crying to court again?

[Jimmy]

Hey there Bulls**t I think you're confusing homophobia with simple disgust. These "hets" are understandably disturbed by their treatment as sex symbols when they are there as city representatives.
They should not have been required to attend the parade, that is just bad policy.
The term "homophobia" is overused and implies fear, I don't think these guys were phobic and to term them that is simplistic in the extreme.
The amount of money is another extreme, if they were truly noble they would donate it to some worthy cause.

[Mikw]

All I can say is what a waste of tax payer money.

[Barry]

Joe,
It looks pretty cut and dried to me. The city had no right to force an employee to participate in any parade representing a group or association with which they were not affiliated or it would seem to force anyone to be in a parade at all. Sounds very irresponsible on the city's part. They couldn't find a few volunteers? I concur with the Hooter's analogy.

[Lee Rowan]

This is a case of involuntary misrepresentation.

Het firement should not have been forced to participate. It should've been voluntary. Hell, they should have found a gay truckdriver and asked gay volunteers to dress up as firement.

On the other hand - the crowd had no way to know that the firement were not dancing on our side of the ballroom. Their applause - because that's what it was - was almost certainly given with the belief that these were out-and-proud firefighters.

Bad planning, bad fire department, no biscuit.

[Misha]

Sadly, both sides are right here. First, firemen have posed for sexy calendars and have a notorious reputation for "playing the field" which they enjoy. So, having them be offended by catcalls is silly. If it was a group of females they found unattractive, they would not have filed suit, they would have ignored it. Hence, yes, there is homophobia at work here. However, given that there is homophobia, one has to ask "what is the best way to deal with it?" The answer is not to force people to be in a parade. The answer is to have folks involved in community mixers, etc where they can develop a few positive contacts and start to break down the homophobia slowly.

[Michael]

As decadent as pride parades are, I can only imagine the heckling these firefighters endured. No, San Diego should not have forced them to participate in a parade, it should have been voluntary. Now if they were being paid to be there to provide health and safety back-up, that would be another story. Crowds of any sort can be obnoxious. But if bad behavior becomes such a nuisance it disrupts a safety officer's job, the offenders need to be warned, fined, or arrested if necessary. Pride festivals are a day of celebration, but we're being hypocritical to demand rights and respect if we can't treat others as we'd expect to be treated.

[Maureen]

Totally justified, no one should be forced to participate in anything that goes against their principles. I have been to many Gay Pride parades and can only imagine the "men in uniform on truck" reaction/response of the crowd... In NY, the police, etc., who march are OUT and want to be there!
However, I, along with many women, have been subjected to the same objectification throughout my life on a near daily basis...I do not yet know of anyone ever bringing suit against the general populace/city because of this harassment... perhaps this case will set a precedent?

[Jenna]

This doesn't surprise me at all. We started putting a price on the perception of hurt feelings a long time ago.

Should the firemen have been forced to participate in a clearly non-vocational event? Of course not.

Should the LGBT community be forced to deal with the discrimination we've been forced to deal with? Of course not?

Is it tit-for-tat... probably. Have both side won money in discrimination and harassment judgments? You betcha.

Can we stop it? Yup. It's pretty simple but everyone's gotta put down their swords at the same time.

[Rebecca]

I agree with these guys. I am a lesbian and I would not appreciate sexual harrassment from a man or a woman. Cat calls, lewd gestures and remarks all fall under this category. Sexual harrassment of any kind is wrong.

[Mark Norris]

I just wonder if these firefighters were being "sexually harrassed" by females would they have been so sensitive. I doubt it. Come on. It wasn't like they were clawing at them or pinching their butts. I think they should be flattered that a group of people would even bother.

[Juan]

Hi to all of you,

I'm Spanish, so that probably means i've been raised in a different culture, though in the same 'globabalised' western world...
here We do have gay parades,etc, I attended to them as much as I can, as they are considered joyful. That means we do try to spend a good time. Moanings, catcalls etc form part of the whole thing. If you don´t have a broad-mind, you cannot understand it...but this will happen to you in any case on your life.
Maybe we take it easier here.
Personally, I think the firefighters have tried to take advantage and earn a money in this way...it´s so easy! i was harassed! oh, they are calling me things!
If this have happened here, we'd probably said: oh, come on! behave!

Grown-ups? Can they distinguish between tricks and menaces?
I think they are counting lions where there were just kitties...

and yes, you are right...your taxes flushed down...

[Will]

I don't think this is homophobia. Straight women are harassed by straight men all the time, and when they complain, they're not considered heterophobic. City workers should not be forced to participate in any parade or any other event, unless it specifically has to do with their job duties. Their employer set them up for harassment, and their employer should pay, just like employers are responsible for sexual harassment that occurs in the workplace. As far as this being a "free country," as one commenter said, sure--you are free to do what your employer says or lose your job. Your choice.

[James from Ashland WI]

I believe based on the facts I have read, these fire fighters were totally justified to win there law suit, it even appears the settlement was a very insignificant amount. I am a full time police officer and gay myself I do know there are times when we as public service personnel police officers, fire fighters, and EMS are forced into awkward uncomfortable situations based on exigent circumstances and the administration would have no control over putting us in such a position. I feel in this case, there would have been enough time to prepare and perhaps explain to the fire fighters the awkward feelings that could come from there assignment and look at other options of providing personnel. In the same breath I also feel this is a chance for the gay community as a whole to reflect on its self and evaluate how we are representing our self to the community during pride events, so that we are not destroying the very image of respect in the community that so many of us have worked hard at building in our communities. Every day across the nation gay and strait public service emergency work side by side for the most part with out issue. This is not a matter of acceptance or tolerance for these fire fighters its a matter of being knowingly forced to work in a situation where there was a high degree for the possibility for sexual harassment that could have been avoided by better planning from administration. If this had been a situation where they were actually dispatched for some sort of an emergency my opinion would be different.

[Gavin]

I can only agree. I am gay and have been participant in Sydney Mardi Gras and Gay Pride Marches in other cities. Those Parades and Marches always include Police Officers, Fire Fighters, Life Guards etc. Participation from public employees is voluntary.

The mistake here is not making participation voluntary. The City is liable not for exposing straight fire fighters to gay heckling but for bad employment practice and should be punished for that. It is unfortunate that the suit had to be brought as a sexual harassment suit but my reading of this and other background is that there was little other legal recourse.

I support the decision as it punishes bad City behavior. I would hate that some Public Authority force my lesbian sisters to participate in as someone put it a "Hooters" style promotion. They would have every right to sue as well

[Paul]

Can I say in Spanish? Because San Diego is also a bilingual city.

Yo creo que las autoridades de SD se equivocaron en obligar y no considerar la orientacion sexual de los trabajadores que prestan servicios publicos. Participar es voluntario, si participas, te haces responsable de lo que te pase.

I think that SD Authorities committed a mistake to force public servants, without any consideration about their sexual bio-settings. If you go voluntarily, you are responsible on what you get and confront with.

Si un servidor heterosexual esta obligado a ir en representacion de la ciudad y mas encima es sometido a piropos denigrantes que atentan a su condicion. De eso se trata este caso.

If an straight servant is pushed to go to represent the City of San Diego; even more, they are being catcalling at the gay parade, that is so uncomfortable, denigrant and very disgusting act for the public sevants! That is the suit we are talking about.

La analogia de los hooters se aplica bien a este caso. Se imagina obligar a un homosexual siendo acosado por tremendas mujeres en un evento claramente heterosexual? Es incomodo verdad? De eso se trata el caso.

The Hooters analogy fits perfectly. Would you imagine a gay man being pushed to attend an straight event and being harassed by amazing girls? That is uncomfortable, right? That is what we are talking about.

Homofobia y Ganancia monetaria son terminologías que simplemente no van al caso.

Homophobia and gold-digging are terms that simply don´t fit on this case.

Thanks Gracias:)

[C]

I absolutely agree with the ruling. Employees may be asked to volunteer for such events but should never be 'forced to participate'.

[Ben]

I think the firefighters were overly sensitive because of the fact that they didn't want to participate in the first place. So yeah, any slight catcall that to others may be harmless probably came off as harassment. The fire department should have asked for volunteers to be on the parade, and the firefighters should have been more open to the spirit of the parade. I've been to parades and they have never been nasty to the point where you would feel threatened. Most times the crowds are clapping to cheer the involvement of various communities, straight and gay. So these guys were probably letting their homophobia get too much of them. I think the judgment was unwarranted. How many women have won lawsuits because they were whistled to at a construction site? Not very many, if any at all.

[New Yorker]

San Diego should have asked for volunteers from the city's firefighters to man that engine. Thats what New York does. All of the massive police presence that you see at the Gay Pride Parade, puerto Rican Day Parade, St. Patrick's Day, Wigstock, etc, ask to work it for the overtime. This ensures that the police are always friendly, tolerant, upbeat and generally supportive.

[Me]

You cannot be serious. Four grown he-man fire fighters can't cope with sex talk in a gay parade? This is about money, pure and simple. Four greedy guys cooked up a scheme to make some quick cash, and a jury of dopes signed onto the scam. Don't the dimwits on the jury realize that they're the ones footing the bill?

[Filthmore]

Why isn't anyone concerned with how our own kind treat each other? This is why I don't take part in any gay event like this, I don't care for the stereotypes, the flamboyant and lewd attitude. It's demeaning and makes us look like retards, how can we be taken seriously when guys in leather straps and bondage gear parade around with a quip and gesture to everyone they see?

[Mike Z.]

Dictionary: "Harass: 1 a: exhaust , fatigue b (1): to annoy persistently (2): to create an unpleasant or hostile situation....2: to worry and impede by repeated raids"

An isolated event...which the city hardly created in order to humiliate...even if required these guys to show up... The finding of "harassment" is preposturous.

The ruling demeans people whose advancement or very employment is impeded by true harassment.

As Rufus would say, "California please."

[Jimmy-J]

The little wimps! And how many times as a gay man have we been harrassed by straight men? Why don't you like girls? I just ate my wife out. I slept with this chick last night and she rocked my world. etc...... All things that we have heard more than once. Harrassment means that it happens more than once. Did these breeders go to the parade more than once? Doubtful . This will just open the door for many other stupid lawsuits! Plus now all of my fireman fantasy have now gone down the drain. Hmm, I think I am being harrassed ever time I pick up one of those half nude fireman calanders....

[Richard Peterson]

If they were being cat called by females there would be no suit.

[AlphaGuy]

Women are so often subjected to catcalls and lewd comments, yet somehow that's acceptable. These str8 firefighters are just babies. If they were gay, they would have just laughed it off and enjoyed being in the parade.

[Michelle Mabry]

I feel that if the shoe were on the other foot and these firefighters were in a fourth of July parade and women were doing the "cat calling", making lewd gestures, and pervasive sexual harassment, the firefighters would absolutely eat it up. They would be enjoying it.

On the other hand, I do not feel the city should have forced them to participate in something the firefighters did not want to, but come on do you really have to sue???

We have become such a sue happy society and it seems sort of dumb to sue. I'm guessing the point was to make sure the city realized they couldn't make the firefighters participate in something they were uncomfortable with.

I wish they would donate that money. Probably back to California since they had a 42billion dollar deficit.

[Mike Feinerman]

The posters who say the firefighters were oversensitive and wouldn't have objected to similar attention from women miss a crucial point. Sexual harassment, which is pretty clearly defined in Title VII of the the 1964 Civil Rights act, refers to an UNWANTED sexual attention. If the firefighter would not object to similar attention from women, then there would be no harassment by these hypothetical women. I will say, however, that I know some married firefighters who would be uncomfortable with any sexualized comments, from men or women. The other crucial point here is that they were required despite their expressed discomfort (which by law has to be taken at face value if a "reasonable and prudent" person would find it justified)to subject themselves to the unwanted behavior AS A REQUIREMENT OF THEIR EMPLOYMENT. San Diego FD could have and should have taken the time to solicit volunteers - there must be guys in the department who would have found this a hoot and good-naturedly given as well as they got. I've seen Chicago firefighters who had a great time in our Pride parade, answering the catcalls and treating the whole experience as a huge, if (to them) somewhat strange, form of flattery. Let's remember that not every firefighter would volunteer to be on those calendars either. I know how I'd feel if I was told by an employer that I'd have to flirt with women or pretend not to be offended by some guy's homophobic comments. I wouldn't put up with it, and there's no reason these firefighters should have done so either. Let's also not forget that firefighters put their lives literally on the line every time they go to work, and they do it for us. I don't think they should feel obliged to do anything "noble" with the money - if they choose to, kudos to them, but it's reasonable compensation for their employer's bad behavior. We can't ask for equal rights with a straight face (you should pardon the expression) if we don't support equal justice under law.

[Mike Feinerman]

A P.S. to the poster who said "harassment is something that happens more than once": Not true. If an incident is deemed sufficiently egregious, one time will do it. I have no doubt that a mostly straight jury would consider unwilling subjection to hours of unwanted sexual comments to be egregious, and I'd have to agree with them.

[gemeg]

So the court decided that the City was in error require straight firemen to participate. Fine. Riddle me this....should the City require the same firemen to fight a fire in a home that is gay owned or occupied? Or, will another lawsuit ensue? Wouldn't it be nice if everyone could pick-and-choose what they did to meet their employers' requirements?

[Joey Lee]

It's atrocious that a city has enforced straight firemen to participate in a gay parade - when they were obviously weren't willing to. It's harassment however you see it. It's a shame that in some parts of the world, we're trying to educate people on homophobia - when homos themselves are promoting heterophobia or some distorted form of it. As for firemen who aren't willing to rescue homes that are gay-owned - then I say that they be charged with manslaughter and imprisoned. It's a case of violation of human rights - heterosexual or otherwise.

[Jim]

The point isn't homophobia or cat calls here. The point is their employer "forced" them to participate. No employer should be allowed to force anyone to participate in any event that has nothing to do with their job or training.

[Aaron]

If someone forced me to go to a pride parade i think i would sue too.......

[steve]

First of all why would the city force anyone to participate? And it is hard to believe that they couldnt find enough gay firemen to participate. It should have been an option. But if the city forced them to participate. Then it is cased closed, whether they were harrassed or not. But I question the sexual harrasment part of the suit, then again that may have been the only legal outlet they had. I think there would be enough firefighters gay or str8 in the department that would have voluntered, and had fun. If they didnt want to be there, I am sure everyone could tell, and where can i find the video? LOL. The city was wrong in the way it was done..the end

[donthavetoflaunttogetlaid]

Many gay men don't have tact. Enough said.

[Tom]

I am a gay man an I dont go to pride festivals because of the extremists acting out. I lived in Philly all my life and am out to family work etc but I wouldnt dare have my face on the news during such an exhibition, let alone be, ok supposedly, straight, as these firefighters might be.

[P. F.]

As a middle aged gay man, I totally agree with the decision of the court. Pride parade are out of hand these days. They used to be more about causes and political equality. In the past 10 years, they've become lewd and outrageously vulgar. If this were a st patricks day parade and a bunch of guys harrassed a group of pretty irish girls, they'd get their ass kicked. I'm attracted to men. Therefore I'm gay, but that doesn't mean I have the right to harrass anyone sexually. What those harrassers did was just plain rude. If parades are not witin the job description of firemen, the city had no right to send them there.

at p

[theWizzard]

ITS NOT COOL TO CATCALL ANY ONE!! UNLESS ITS YOUR OWN.....

[George]

Why the hell is tax-payer money being wasted to allow (or, in this case, force) participation in ANY KIND OF PARADE. Spend the money on useful things, not to support some cockneyed idea of diversity. As far as the analogy of women being "harassed" by construction workers, I doubt that many women's employees forced them to go to the construction site, and those that are required to go to such sites as part of their jobs probably have at the very least lodged complaints about any inappropriate behavior directed towards them. These firemen had no desire to participate in this parade and should not have been forced to. As far as their just accepting it and "enjoying" it, hell, I am gay, and I don't enjoy those stupid parades; why would they?

[mark wojciechowski]

I wonder if they were at Hooters and were sexual harressed if they would have filed a lawsuit.

[Rick]

Sexual harassment, is sexual harassment. We want to be a respected group in society....isn't gay pride supposed to show the world that we are not ashamed to be gay? Sexual harassment is not permitted in the working place, why should it be allowed outside the work place? Having fun is great, but there is a line that shouldn't be crossed simply out of respect for others.

[Dirk Serrano]

The behaviour of the crowd was unacceptable. How can I bring my children to such events? And as a gay community we are seekig acceptance? Give me a break.

[Let's Talk!]

Although no American should have to tolerate harassment, I do not think this situation constituted harassment and a law suit was not warranted. This should of been an internal city employees vs city officials matter within the realm of HR mediation. Since the firefighters were forced to participate, they should of least gotten time and half pay and demanded that participation in ANY parade should be on a voluntary basis. Do we know if the San Diego Firefighters are one of many city firefighters throughout the U.S. that pose and sell sexy calendars? If they do then the parade watchers have no idea if they are the ones who exposed their bodies on a calendar and hencefore, if you or members of your dept are gonna show off your assets then expect to get catcalls and sexual remarks hurled you. DUH!
An HR mediation matter not a court matter!

[Mike]

Whats sad is half of you dont get that unlike the rest of you needy fags, these fire fighters dont need sexual attention to feel good about themselves. The law is the law, if you are subjected to sexual harassment its illegal. They were in the parade as part of work, therefore they were harassed on the job. No one should be sexually harassed while at any workplace. Real simple.

So you twinks need to think about how youd feel in a room full of bears eyeing you up like you were a fresh grilled cheeseburger and cat calling and everything else making you feel uncomfortable.

[Mark]

Apparently the department does not have enough LGBT firefighters to participate in the parade. That would have been an appropriate participation, not forcing straight folks to participate because there is such an atmosphere in the department that LGBT's either stay in the closet or don't want to seek employment. What's up with their union? They shouldn't have been forced to do this. However, a sexual harassment suit - give me a break.

[Brad]

The point here is that these firefighters were subjected to sexual harassment regardless of sexual orientation.

This story should not be about gay or straight sexual harassment. This is about sexual harassment and its effects on the complainants plain and simple.

Although it is strongly suspected that homophobia is the underlying issue to this case. The complaint is about sexual harassment and not about homophobia. If there is a legitimate complaint for homophobia, against these firefighters, it needs to be addressed seperate and apart.