1st Amendment Issue
Deny Union Info On Anonymous Critics

By GINGER ADAMS OTIS

A State Supreme Court judge has upheld the privacy rights of five individuals believed to be Emergency Medical Technicians and Paramedics working for the Fire Department who made criminal allegations about their union leadership and anonymously posted them on a popular Web site.

PATRICK J. BAHNKEN: Hoisted on own stand.

The five plaintiffs were identified as "John and Jane Does" in court documents filed on their behalf by Attorney Thomas Hillgardner. The judge ruled in early September that their anonymity was protected under the First Amendment.

Sought by '2507'

Court documents show that union leaders from District Council 37 Local 2507 had sent subpoenas to America On-Line seeking the names and addresses of anonymous posters to an EMS on-line rant. The plaintiffs wrote comments alleging that Local 2507 officers Israel Miranda and Joseph Conzo, who were part of a field-testing team vetting new bunker gear last year, had accepted free equipment from vendor Morning Pride in exchange for an endorsement of its product.

Local 2507 President Patrick Bahnken said it was "wholly unacceptable for someone to accuse an individual of criminal activity in a public forum while hiding behind the mask of anonymity."

He added that it was his responsibility as a union official to investigate such claims.

"In my attempts to find out if any of this was true, I need to find out who made the accusations and ask them to come forward and show their proof," he said.

Cited Union's Past Action

When the plaintiffs learned about the subpoenas from AOL, they hired Mr. Hillgardner. He used the fact that Local 2507 had protected its workers' rights when the FDNY pressed AOL to provide real names after a series of similar events several years ago to further his clients' claims.

"In 2000, Patrick Bahnken accused the Fire Department of trying to chill free speech and quash dissent when it issued office subpoenas to AOL to identify the users behind two AOL screen names," said Mr. Hillgardner. "[He said that] 'it's almost Orwellian. It's like Big Brother, with the thought police coming in.' [Bahnken's legal department] learned the FDNY intimidation tactics, and Bahnken should be ashamed of himself. He must believe in the motto: Do as I say, not as I do."

But Mr. Bahnken drew a sharp distinction between remarks made in a public forum that questioned issues vital to public safety and those making specific accusations of criminal wrongdoing toward an individual.

"We certainly believe the judge erred in his decision in this case, and Mr. Hillgardner will get a chance to argue this again when we appeal," the union leader said.