Mistrial Ends San Diego Gay Pride Harassment Trial
Posted: 8:53 pm PDT October 6, 2008
SAN DIEGO, Calif. -- A mistrial was declared Monday after a jury failed to agree whether four firefighters were sexually harassed for being forced to participate in a gay pride parade last year. Jurors deliberated nearly four days before announcing a deadlock on the first of several criteria needed to find the city liable for sexual harassment. They rejected a claim that a firefighter suffered retaliation after publicly speaking out. Charles LiMandri, the firefighters' attorney, called the mistrial "extremely frustrating" and is awaiting a new trial, scheduled for Jan. 16. LiMandri asked the jury in closing arguments to award $500,000 to $1 million to each firefighter. City Attorney Michael Aguirre said the lawsuit "was about greed, this was about getting money in their pockets." He called the jury's deadlock a "complete and total victory." The firefighters' lawsuit in San Diego County Superior Court claimed they were humiliated by taunts and sexual gestures from parade watchers. Their complaint said that parade participants included "a group of radical homosexual men" dressed in nun habits and others who yelled comments such as, "You're making me hot!" and, "I can't breathe, give me mouth to mouth!" The firefighters were ordered to ride in the parade after another crew canceled on short notice. The Fire Department later changed its policy to make participation in any parade voluntary. Two jurors told reporters that eight of the 12 members felt the plaintiffs met the first of several criteria needed to find the city liable for sexual harassment -- whether the firefighters were harassed because they were men. That was one vote short of what was needed to move to the next question. Juror Helene Matthews said she felt the firefighters were sexually harassed but that others on the panel "dug in from the get-go and were not willing to change their minds or think differently." "Whether you're gay, whether you're straight, whatever, none of us should have to go into the workplace and be subjected to things that go against our morals," Matthews told reporters. Jury forewoman Susan Wolking said she also felt the firefighters were wronged but that the panel wasn't even close to agreement. The firefighters -- John Ghiotto, Chad Allison, Jason Hewitt and Alexander Kane -- filed their complaint after participating in a gay pride festival on July 21, 2007, in the largely gay Hillcrest neighborhood. Aguirre told jurors that the men were assigned to the parade after another crew backed out with less than two days' notice due to a death in one member's family. He said the parade is a city-sanctioned event, just like those celebrating the Fourth of July and Martin Luther King Jr. Day. Aguirre, who is in a tough election battle for a second term, said the firefighters were uncomfortable with a city policy that prohibits discrimination based on sexual orientation. Fire Chief Tracy Jarman, who marched in the parade ahead of the four firefighters, said she didn't feel sexually harassed but testified at the trial that she could see why some people would find the parade offensive. On the eve of the parade, a supervisor called Assistant Chief Jeff Carle and told him the four firefighters would only attend if they were given a direct order. Carle testified that he didn't hesitate, saying it would be improper for the department to be a no-show.
Copyright 2008 by KTVU.com. The Associated Press contributed to this report. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.












Tahoe Days, Reno Nights
Access The Diamond Certified Directory
Bay Area Crime Reports
The 4 Keys To Women’s Health
Earthquake Reports
Celebrity Gossip
Check Out The Top 10 Home Updates


