ACLU Challenges "gag order" Imposed
on Colorado Springs Firefighters
FOR IMMEDIATE RELEASE
January 8, 1998
The American Civil Liberties Union of Colorado (ACLU) filed suit today in federal court on behalf of Colorado Springs firefighters who face discipline if they speak out on matters of public concern. The lawsuit challenges a "gag order" imposed last June by Fire Chief Manuel Navarro that instructs firefighters that they face discipline if they publicly disagree with decisions made by the Chief.
The gag order was issued in the midst of a still-unresolved controversy over Chief Navarro’s decision last May to recommend the closing of Fire Station #3, which serves a neighborhood of older homes on the city’s west side. Neighborhood activists, including the Organization of Westside Neighbors (OWN), have mobilized to oppose the Chief’s decision, which has prompted widespread media coverage and heated debate in community forums, talk shows, and letters to the editor. The City Manager is expected to present his evaluation of the Chief’s controversial recommendation to the city council in a work session on January 26.
In order to counter what they regard as the Chief’s one-sided presentation of the issues, firefighters represented by the ACLU want to speak out on the issues raised by the prospect of closing Fire Station #3. But according to the order challenged in the lawsuit, they cannot do so without facing discipline.
"Chief Navarro instructed all firefighters that they are expected to support the Chief’s decision whether they agree with it or not," explained Madeline Collison, who, along with Joan M. Bechtold of Feiger & Collison, is serving as an ACLU cooperating attorney. According to the lawsuit, the Chief’s order states that, "Publicly criticizing or supporting public criticism of a policy or decision is not only wrong, it is grounds for discipline."
Some firefighters have already received discipline pursuant to the Chief’s order, Collison said, and others have been intimidated into silence.
"The First Amendment protects the right of firefighters to speak out on issues of public concern," explained Mark Silverstein, ACLU Legal Director. "By threatening to impose discipline for any and all criticism, the Chief has gone too far. He has prohibited the firefighters from engaging in speech that is protected by the Constitution."
"Whether to close a fire station is clearly an issue of public concern," explained Collison. "The closing would increase the time it takes the department to respond to fire alarms and to requests for emergency medical assistance. That translates into increased risk to persons and property in an older neighborhood with a significant elderly population. Our clients have a valuable perspective to contribute to the public discussion about the significance of any given increase in the average response time."
The Colorado Springs Professional Firefighters Union joined the lawsuit to assert the First Amendment rights of its members. The individual plaintiffs include Battalion Chiefs James Larsen and R.C. Smith, as well as firefighter Norm Stevenson and firefighter/paramedic Gilbert Thrower.
Collison said she will ask for an immediate preliminary injunction so that firefighters will be free to speak out at a community forum later this month and at an as yet unscheduled public meeting of the city council, when the closing of the fire station will be considered.
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