UFA, FDNY Clash
Fire-Locker War of Words

By GINGER ADAMS OTIS

A battle over firefighters' First Amendment rights has broken out following a recent Fire Department edict meant to eliminate racist, sexist and other offensive material in firehouses.

The Chief-Leader/Michel Friang RALLYING 'ROUND THE FLAG: Uniformed Firefighters' Association President Stephen J. Cassidy says flag decals are among the items that FDNY officials have removed from members' lockers during a crackdown on the display of inappropriate material. Looking over his shoulder is attorney and talk-show host Ron Kuby, who generally stands much further to the left of Mr. Cassidy on issues.

Uniformed Firefighters' Association President Stephen J. Cassidy Jan. 10 said he'll sue the Fire Department for infringing upon firefighters' right to free expression unless it alters a rule blocking them from posting personal materials on their lockers.

He held a press conference with civil rights attorney Ron Kuby - known for his zealous handling of First Amendment cases - criticizing the FDNY for its "excessive and controlling micromanagement."

FDNY officials insisted that a verbal agreement was reached between Mr. Cassidy and its two highest-ranking uniformed officers at a Jan. 4 contract meeting.

'Flags, Mass Cards Okay'

The dispute led the FDNY to release a Department Order Jan. 11 saying its "position on U.S. flags and Mass cards was made clear - they would not be prohibited on lockers if any member desired them. Any statements to the contrary are simply not true."

The Chief-Leader/Pat Arnow DEFENDS INITIATIVE: Frank Gribbon, the chief spokesman for Fire Commissioner Nicholas Scoppetta, said that while in rare cases officers have overstepped, a recently enforced FDNY policy is designed solely to remove locker-room material that would be particularly offensive to some firefighters.

Mr. Cassidy responded: "There were never any discussions on whether American flags or Mass cards or any other personal items were going to be allowed by the FDNY on lockers. The Chief of Operations, after discussing penalties that had been handed down on two cases involving sexually offensive material, said as a closing statement, 'Have I ever hooked anybody up for an American flag?' My response was, 'No, you haven't, Chief.' That was the end of the discussion."

The FDNY 18 months ago put out a regulation mandating that the outside of firehouse lockers be stripped of everything except firefighter names. The order - an attempt to preclude the posting of materials that could be construed as offensive - was loosely enforced until recently.

FDNY officials said an ugly epithet about women on the front of a locker prompted a crackdown. The incident occurred in a Brooklyn firehouse where no women are stationed. Although no official complaint was filed, the FDNY wanted it gone.

Previous incidents involving inappropriate material that FDNY Deputy Commissioner of Legal Affairs Mylan Denerstein said were racist in nature also contributed to stricter enforcement.

Says FDNY Overreached

But Mr. Cassidy took exception to the regulation's blanket description of "all materials." In firehouses throughout the city, he contended, yellow ribbons, photos of fallen comrades as well as family and friends, Mass cards from firefighter funerals and American flag decals were being scraped off lockers by fire officers following departmental orders.

"For the department to tell its members that they can't display a Mass card for someone like Firefighter Christian Engeldrum, who died while serving in Iraq, is a disgrace," Mr. Cassidy charged.

His disclosure garnered an instant rebuttal from FDNY officials, who maintained that Mr. Cassidy met with Chief of Department Salvatore Cassano and Chief of Operations Patrick McNally Jan. 4, and an understanding about flags and other mementos was established.

Calls Him Disingenuous

Ms. Denerstein, speaking at a hastily-convened press conference a few hours after Mr. Cassidy's, declined to specify which types of items were considered acceptable and which were not. But she said Mr. Cassidy's claims were "disingenuous."

Mr. Cassidy staunchly denied that any verbal understanding had been reached with Chief Cassano or Chief McNally. When asked at his press conference to respond to the FDNY's charge that he was reneging on a "handshake deal," he shot back, "That's a lie; if they say that, it's a lie. And if they say they have an agreement with me, tell them to put it in writing."

Ms. Denerstein said the FDNY was not going to make a list of approved items, saying it was "not necessary" in light of the meeting between Mr. Cassidy and FDNY Chiefs.

"I find the word of two FDNY Chiefs quite credible," she told reporters. "If they say there was an agreement, I believe them."

In the Department Order that went out to all firehouses Jan. 11, the FDNY said that "Chief Sal Cassano and Chief Patrick McNally assured the union officials that no member had been disciplined for having such materials on their lockers, and that the placement of such materials would not be prohibited. The Chief of Department also stated to the union that this message has been relayed to all Borough Commanders, for communication to all command levels in the field."

Claim Contradicted

A high-ranking Chief who was at a division meeting three weeks ago, however, contradicted the FDNY. Speaking on condition of anonymity, he said the initial order was to remove all materials from locker exteriors. Some Chiefs questioned if flags and personal items were included, and were told yes, according to the officer. No subsequent clarification on flags or Mass cards was received before Jan. 4, he said. He confirmed that officers in many firehouses had ordered flag decals scraped off lockers.

His statements were corroborated by several other officers who asked not to be identified.

An FDNY official later conceded that one fire officer had taken the regulation's wording too far and removed an American flag, sparking a protest in the firehouse that worked its way up the chain of command to Chief Cassano. Several rank-and-file firefighters noted that when members of the FDNY's Equal Employment Opportunity Office stopped by for unannounced inspections, they rarely took issue with the majority of materials posted on firefighter lockers.

"The department regulation says members are to have last name and serial number on the locker and that's it," said one firefighter who asked to remain anonymous. "Some officers are enforcing it - it's not coming from the EEO people, who are really only interested in that 1952 centerfold that's been hanging around forever."

Beef Handled In-House

In the past there had been problems in firehouses with jokes that were carried too far, like a 2004 incident which involved a Vulcan Society invitation that was pinned up on a firehouse billboard. Someone decided to scrawl some lines about the presence of rappers like L.L. Cool J and Snoop Dogg, but it wasn't an ad lib most found humorous.

Vulcan Society President John Coombs said that incident was handled quietly by members of the organization who spoke to the senior officer at the firehouse. The item was removed. He said the current enforcement of the FDNY regulation hadn't stemmed from any complaint filed by his members.

He did not anticipate any backlash due to the sudden media attention about free speech in firehouses.

"I would sincerely hope there would be no scapegoating in this," he commented.

An Ulterior Motive?

Several high-ranking FDNY officials alluded to a brewing dispute with the UFA over a change in light-duty policy as the reason behind Mr. Cassidy's free-speech broadside.

Mr. Kuby, however, said the lawsuit was about the "problematic, paternalistic and demoralizing" regulation put forth by Fire Commissioner Nicholas Scoppetta.

"The issue here is that we have a Commissioner who acts like an angry high school teacher," he commented. "The public trusts firefighters to save their lives. Can't the FDNY trust them to put up pictures on their lockers?"

Mr. Kuby even linked his own unlikely partnership with the UFA to the union's fight for freedom of speech.

'A Lot Like America'

"I've known Steve Cassidy for a long time. I imagine he wasn't pleased when I defended the right of people to burn the American flag; I wasn't particularly thrilled when he endorsed George Bush in 2004, but the beauty of it is that we can disagree and still get along," he said. "If you look at what's on lockers in firehouses you might say, 'Hey, this firefighter is a good Catholic, this firefighter is pro-choice, and this one, she voted for John Kerry, and here we've got a Bush supporter.' That looks a lot like America, and that's not a bad thing."

Prior to releasing its Department Order, the FDNY put out a statement saying that while the department over the past 18 months had made an effort to eliminate offensive material from firehouses, "American flags and Mass cards from funerals of firefighters killed on September 11, 2001 were certainly permitted."

The UFA, however, said it wasn't satisfied with that as an official policy. Mr. Kuby said he hoped to sit down and talk with FDNY officials to establish clear guidelines to follow.