Firefighters Gay-Parade Suit Declared as Mistrial
October 6, 2008
San Diego, CA - A mistrial was declared by a judge in the case of four fighters against San Diego, claiming they were sexually harassed through their required participation in the 2007 gay pride parade.
The judge said that jury that was composed of six men and women, was completely deadlocked with regard to the claim made by the four firefighters namely Chad Allison, John Ghiotto, Alexander Kane, and Jason Hewitt.
The firefighter’s lawyer Charles LiMandri said that his clients were subjected to sexual catcalls, lewd gestures and comments, and simulated acts among men and who were wearing only their briefs.
In the court, both sides agreed that the four were obliged to participate in the parade, but not if the city was legally at fault as a result.
The jury tried to look at the evidence presented in various ways in the aim of reaching a verdict but four members of the jury would not budge, said LiMandri.
Meanwhile, the jury voted 11-1 as to the rejection of the retaliation claim by one of the four firefighters.
Outside the court, the lawyer representing the city Attorney Mike Aguirre said called the result of the case as “a complete and total victory for our fire department.”
However, the suit may not be over yet, LiMandri left open the chance that the suit could be refilled.
Since mistrial means that there was no verdict on their claim, the firefighters gave the options to continue pursuing the matter, LiMandri said.
The case’s hearing is scheduled on Jan. 16 of next year.