Judge: Free Speech Not Violated In Pride Case

SAN DIEGO -- The free speech rights of four firefighters were not violated when the San Diego Fire-Rescue Department ordered them to participate in last year's gay pride parade, a judge ruled Friday.

A jury deadlocked Monday over whether Capt. John Ghiotto, Capt. Jason Hewitt, and firefighters Alex Kane and Chad Allison were sexually harassed during the parade.

Jurors also rejected a claim by Hewitt that he was retaliated against while he was trying to make captain.

After the trial, the firefighters asked Judge Michael Anello to issue an injunction barring the city from forcing firefighters to be in the parade.

They contended ordering them to take part in the parade violated their constitutional right to freedom of speech because it had the effect of compelling them -- at least in the eyes of others -- to endorse life styles contrary to their own values.

City Attorney Michael Aguirre said the firefighters represented the fire department at the parade and were not asked to convey any political message.

In a written ruling issued today, Anello said no order is needed because the fire department has made participation in the parade voluntary.

Anello said fire Chief Tracy Jarman made it clear in her testimony that no firefighters would be ordered in the future to participate in the parade against their will.

Plaintiffs' attorney Charles Limandri told the jury the firefighters were called names and subjected to catcalls, hostile language and sexually explicit acts by scantily clad parade attendees on July 21, 2007.

A retrial on the sexual harassment claims is set for Jan. 16.