A legal battle is unfolding in South Carolina after a Charleston fire fighter was punished for raising concerns about his station’s working conditions to his union.
Robert Tackett, an 11-year veteran of the Charleston Fire Department and Charleston Fire Fighters Association Local 61 member, has filed a lawsuit in federal court against the city, Fire Chief Dan Curia, and Deputy Fire Chief Forrest Cockcroft, alleging the department violated his constitutional rights after he raised safety concerns about his station.
According to the lawsuit, for years, Charleston fire fighters have raised concerns about the safety of their fire stations to department leadership, including at Tackett’s home station, Station 9. There, fire fighters have been dealing with ongoing leaks, foul odors, excessive heat, and a growing concern about toxic mold exposures. The frustrations came to a boiling point in July 2024, when Tackett and his colleagues were being made to sleep in bunk rooms reaching temperatures of over 90 degrees.
Feeling like he had exhausted all his options, Tackett brought the issue to his union leadership, who contacted the department to address the ongoing issue on his behalf.
After Curia visited the station and heard directly from Tackett and others about the unsafe conditions fire fighters were dealing with, Tackett was informed, according to the lawsuit, that he would be “written up” for going outside the chain of command on the issue, and that he had used “bad judgment” by going to the union rather than letting the process “play out.”
Nine days after the visit, Tackett was transferred to a new station – Station 7 – where he would have fewer opportunities for overtime work and which lacked an advanced hazmat response team, despite Tackett being the most senior expert on hazmat response while assigned to Station 9.
The lawsuit, which was filed in the Charleston Division of the District of South Carolina, claims that the department’s retaliation against Tackett violated his First Amendment rights to free speech and union membership, and breached his Fourteenth Amendment right to due process.
Fire fighters have rights – both as employees and as human beings. We’re not going to be intimidated into silence on issues impacting our health and safety.
Charleston Fire Fighters Association President John Baker
Local 61 had hoped to address this issue through good-faith cooperation with the department’s leadership. But after the department told the union it didn’t even recognize it as a legitimate representative of its members, President John Baker knew they had no other choice but to pursue litigation.
“Brother Tackett handled this situation how any union fire fighter should. All 295 of our members deserve to work in a safe workplace and to go home after their shift without worrying about the medical impacts of toxic mold exposure or sleeping in 90-degree heat. The department has known about these issues for years and has continually dragged its feet rather than fix them,” said Baker.
Baker said aside from stopping the retaliation against Tackett, a key goal of the lawsuit is to show fire fighters across the country that they don’t need to be afraid to stand up for what’s right.
“Fire fighters have rights – both as employees and as human beings,” he said. “We’re not going to be intimidated into silence on issues impacting our health and safety.”
Sadly, Tackett’s case is not a rare occurrence. First responders across the U.S. regularly face unfair discipline when expressing their views and concerns, even while off-duty.
“We’ve seen too many instances of IAFF members in South Carolina, and the South more broadly, being punished for speaking out about issues impacting them on the job. Instead of collaborating with Local 61 to address these critical safety concerns, the department resorted to retaliation in an attempt to silence our members. These actions are unacceptable, and I believe the court will agree with us once the facts of the case are heard,” said 12th District Vice President Walter Dix.
The ongoing concern about these unfair disciplinary actions has led the IAFF to work towards a federal solution – one that would ensure every fire fighter in every U.S. state has their constitutional rights protected.
That’s why the IAFF is backing the Public Safety Officer Free Speech Act. The bipartisan legislation, led by Reps. Steve Cohen (D-TN) and Jefferson Van Drew (R-NJ), would ensure national protections for fire fighters, emergency medical workers, police officers, and others to speak freely on job-related issues or share their political views in their personal capacity without fear of retribution or retaliation.
Instead of collaborating with Local 61 to address these critical safety concerns, the department resorted to retaliation in an attempt to silence our members. These actions are unacceptable, and I believe the court will agree with us once the facts of the case are heard.
12th District Vice President Walter Dix
“Far too often, fire fighters are disciplined for speaking up about dangerous working conditions, low staffing levels, and burdensome administrative rules jeopardizing public safety in their communities,” said General President Edward Kelly. “That’s why the Public Safety Officer Free Speech Act is a top legislative priority for the IAFF. Congress must ensure fire fighters in all 50 states have their constitutional rights upheld.”
To urge Congress to support fire fighter’s free speech rights, click here.
