City Council voted 7-0 in a closed session to file the appeal.

The firefighters – Alex Kane, Chad Allison, Capt. John Ghiotto and Capt. Jason Hewitt – claimed they were subjected to sexually charged conduct and lewd comments while riding a fire engine in the July 2007 parade, which drew about 150,000 spectators.

The firefighters’ attorney, Charles LiMandri, said during his closing argument that his clients were targets of vulgar gestures and catcalls while being forced to watch barely clothed men and women simulate sex acts and touch themselves and one another.

“The Fire Department knew what goes on there,” LiMandri told the jury. The jury deliberated for nearly three days in reaching its decision last month.

This was the second trial on the firefighters’ claims. In October, jurors were unable to reach a verdict.

LiMandri requested up to $1 million for each client at the first trial. He didn’t propose specific damages at the second trial.

A crew that volunteered to ride a fire engine pulled out shortly before the parade because the captain’s mother died. LiMandri told the jury that department supervisors didn’t try to find other volunteers, but gave the assignment to the crew in the city’s Hillcrest area, home to a large gay population where the parade is held.

The firefighters’ attorney argued that his clients objected but weren’t taken seriously. The city said the firefighters expressed discomfort but didn’t complain of sexual harassment at the time.

Deputy City Attorney Don Shanahan had argued that the firefighters weren’t satisfied after Chief Tracy Jarman apologized and promised to change the department’s policy and use only volunteers in the parade.

“The department bent over backwards,” Shanahan told jurors.

The four claimed they were victims of sexual harassment and became emotionally distressed as a result of their treatment.

Judge Michael Anello declared the mistrial Monday when the jury of six men and six women became hopelessly deadlocked after four days of deliberations.

Charles LiMandri, the firefighters’ attorney, in his closing arguments asked the jury to award $500,000 to $1 million to each firefighter. He called the mistrial “frustrating” and suggested the suit may be refiled.

The four firefighters claimed in the suit that they followed the order that they appear in the parade, fearing that if they refused they would be suspended or punished.

The lawsuit claimed that the pride parade is a political event whose purpose is to advocate for LGBT rights including “the controversial concept of gay marriage” and that the department improperly used the four to support a political cause.

A spokesperson for the fire department said that the men were assigned to the parade at the last minute because the volunteer participants backed out at the last minute when one of them had a family crisis, and that the four worked in a fire station near the parade route.

City Attorney Michael Aguirre said the lawsuit “was about greed” and declared the jury’s deadlock a total victory.

Last month, one of the firefighters told the court that he was sexually taunted by crowds on the street and has been undergoing counseling to try to cope with the aftermath of the experience.

Charles Kane testified that participating in the parade has affected his family life and that he has been ridiculed by some at his fire station.

“I felt confused, embarrassed, used, abandoned by my leadership … I had to fight through it,” he testified.

But under cross-examination by city attorney Michael Aguirre, Kane acknowledged that the fire hall is in the largely gay Hillcrest neighborhood, and that he actually lives in the area.

Aguirre said some of the “overtly sexual” behavior at the parade that Kane complained about likely occurred on a daily basis in the area.

Kane replied that he had seen gay sexual behavior but that he could go home and close the door. 

“Well, you could have closed your eyes during the parade. You could have averted your eyes.” Aguirre shot back.

The lawsuit does not mention the dollar amount sought, but reports citing settlement negotiations say the four want $3 million.

One of the firefighters told the court this week that he was sexually taunted by crowds on the street and has been undergoing counseling to try to cope with the aftermath of the experience.

Charles Kane testified that participating in the parade has affected his family life and that he has been ridiculed by some at his fire station.

“I felt confused, embarrassed, used, abandoned by my leadership … I had to fight through it,” he said.

During his testimony, Kane became noticeably upset and Judge Michael Anello called a recess so that Kane could compose himself.

But under cross-examination by city attorney Michael Aguirre, Kane acknowledged that the fire hall is in the largely gay Hillcrest neighborhood, and that he actually lives in the area.

Aguirre said some of the “overtly sexual” behavior at the parade that Kane complained about likely occurred on a daily basis in the area.

Kane replied that he had seen gay sexual behavior but that he could go home and close the door.

“Well, you could have closed your eyes during the parade. You could have averted your eyes,” Aguirre shot back.

In another development, Judge Anello rejected an attempt by Aguirre to question another firefighter, Capt. John Ghiotto, about Playboy magazines that were reportedly in open view at the fire station.

Aguirre wanted to show that sexual images were not uncommon to the four and that the suit was plain homophobia.

Anello ruled that the line of questioning was irrelevant.

The four firefighters claim they followed an order that they appear in the parade because they feared that if they refused, they would be suspended or punished.

In previous years, firefighters were encouraged but not ordered to take part in the parade.

The lawsuit claims that the pride parade is a political event whose purpose is to advocate for LGBT rights including “the controversial concept of gay marriage” and that the department improperly used the four to support a political cause.

A spokesperson at the time for the fire department said that the men were assigned to the parade at the last minute, because volunteer participants backed out when one of them had a family crisis, and that the four worked in a fire station near the parade route.

Attorneys for the firefighters are expected to being their summations on Monday.

The lawsuit does not mention a dollar amount sought, but the Los Angeles Times, citing settlement negotiations, reports the four want $3 million.

In 2007, the San Diego fire department put a fire truck in the parade and scheduled the four to appear on it.

Following the parade, the four hired Michigan-based Thomas More Law Center, a conservative Christian law practice, to represent them. Last year, Thomas More attorney Stephen Stirling asked the California Department of Fair Employment and Housing for right-to-sue notices, a first step toward a lawsuit, and when mediation failed, the lawsuit was filed.

“You could not even look at the crowd without getting some kind of sexual gesture. If any crew member were to hang up pictures at the station of what we saw, we would be disciplined,” one of the firefighters was quoted as saying in a press release issued by the Thomas More Center shortly after it was hired to represent the men.

“I was forced into a situation that would compromise what I hold true and what I believe in,” the firefighter was quoted as saying.

The four claim they followed the order that they appear in the parade because they feared that if they refused they would be suspended or punished.

In previous years, firefighters were encouraged but not ordered to take part in the parade.

The lawsuit claims that the pride parade is a political event whose purpose is to advocate for LGBT rights including “the controversial concept of gay marriage” and that the department improperly used the four to support a political cause.

The court filing also contains photographs of bare-chested men on floats that the suit says were sexually suggestive and a list of taunts the men claim were yelled at them.

A spokesperson for the fire department at the time said that the men were assigned to the parade at the last minute, because the volunteer participants backed out when one of them had a family crisis, and that the four worked in a fire station near the parade route.
The San Diego fire department has participated in the city’s pride parade for the past 15 years.

San Diego City Attorney Michael Aguirre is defending the city in the lawsuit. In a court filing, Aguirre said that firefighters are “required to serve the community without discrimination as to sexual orientation.”

Aguirre’s brief also said that appearing in the parade was different than other public relations tasks performed by firefighters.

Peter de Vries, 55, and Timothy Carter, 45, won a $2.8 million judgment against the town last month in court. The jury also ordered the town to pay $2 million in legal fees.

Mayor Dennis Elwell tells the Jersey Journal that he demanded the resignations.

“It’s been a dark day, but it was necessary to show that the governing body and town will not tolerate this or any type of incident similar to this,” Elwell told the paper.

When de Vries and Carter bought their dream house, they knew it was beside a fire station, but figured they’d get used to the occasional noise from the sirens as the volunteer firefighters raced to a blaze.

What they hadn’t counted on was the homophobic attitude at the the North End Firehouse once the crew realized the new neighbors were gay.

In their suit, de Vries and Carter alleged harassment, discrimination, retaliation, negligence and violation of state civil rights laws.

The lawsuit named the fire department, the town, the police department, Fire Chief Frank Walters, Town Administrator Anthony Iacono, Mayor Dennis Elwell and 30 others including the three firefighters who resigned.

In one incident outlined in court documents, firefighters were having a “boisterous” party outside the station.  The couple asked them to quiet down and the firefighters retaliated by throwing rocks at their house and issuing death threats to the men, according to the suit.

Complaints to the town went unanswered the suit said, and the couple eventually sold the house and moved out of town.