Facts

On July 21, 2007, defendant City of San Diego Fire-Rescue Department (SDFD) participated in a gay pride parade in San Diego, California. SDFD ordered its employee-firefighters, including plaintiffs John Ghiotto, Jason Hewitt, Alex Kane, and Chad Allison, to participate. The plaintiffs were all Christians. Plaintiffs sued SDFD for retaliation and failure to prevent sexual harassment.

PLAINTIFFS' CONTENTIONS:
The plaintiffs contended that they objected to participating in the event on religious grounds but were told that they would be disciplined if they did not participate. The plaintiffs argued that they were harassed and retaliated against as a result of their objection to the event. Hewitt stated that he was given poor performance reviews as a result of his objection. The plaintiffs found that they experienced sexual harassment when lewd comments were directed at them during the event.

DEFENDANTS' CONTENTIONS:
SDFD countered that there was no sexual harassment as there was never any physical touching nor were they made to feel threatened. SDFD denied that the plaintiffs suffered any retaliation or harassment as a result of their objection to participating in the event.

Damages

The plaintiffs sought $14,300 in economic damages plus damages for emotional distress.

Injuries

The plaintiffs claimed emotional distress.

Result

The jury found in favor of the plaintiffs in the amount of $34,300 on the failure to prevent sexual harassment claim, but found in favor of the defense on the retaliation claim. This was the second trial. In the first trial in Sept. 2008, the jury hung on the sexual harassment claim.

Deliberation

2.5 days

Poll

12-0 on some questions, 9-3 on others

Length

three weeks