Colorado Springs Fire Chief Rescinds "gag order"
in Response to ACLU Lawsuit

FOR IMMEDIATE RELEASE
January 21, 1998

As part of a stipulated agreement to resolve a federal court lawsuit filed 12 days ago by the American Civil Liberties Union of Colorado (ACLU), Colorado Springs Fire Chief Manuel Navarro today rescinded a controversial "gag order" that instructed firefighters that they face discipline if they publicly disagree with decisions made by the Chief. The lawsuit charged that the gag order violated the First Amendment right of firefighters to speak out on matters of public concern.

Chief Navarro issued the gag order last June in the midst of the still-unresolved controversy over his decision to recommend the closing of Fire Station #3 which serves a neighborhood of older homes on the city’s west side. Neighborhood activists mobilized to oppose the Chief’s decision, and the issue 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 decision 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 have wanted to speak out on the issues raised by the prospect of closing Fire Station #3. But until today, they could not do so without facing discipline. According to the lawsuit, the gag order stated that, "Publicly criticizing or supporting public criticism of a policy or decision is not only wrong, it is grounds for discipline."

The gag order was lifted one day before Judge Wiley Daniel of the United States District Court was scheduled to conduct a hearing on the ACLU’s request for a preliminary injunction. In court papers, the firefighters argued that a preliminary injunction was necessary because they wanted to speak out at a community forum scheduled for Friday and because they wanted to submit their views to the City Council before it decides whether to close Fire Station #3.

"This is a victory for the First Amendment," said Madeline Collison, who, along with Joan Bechtold of Feiger & Collison, served as an ACLU cooperating attorney. "Our clients now are free to exercise their First Amendment right to speak out on matters of public concern. We are gratified that the City of Colorado Springs agreed to a prompt resolution of this litigation."

"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’s gag order prohibited the firefighters from engaging in speech that is protected by the Constitution."

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.  

FOR MORE ON THIS CASE .....

Return to 1998 News Releases Main Page
Return to ACLU of Colorado Home Page

This page was last updated 01/15/00.

© Copyright 1998, ACLU of Colorado, All Rights Reserved