East Chicago fire fighters secure $1.2M settlement in First Amendment retaliation case

After five years of litigation, East Chicago, IN Local 365 members secured $1.2 million in damages and attorney fees to settle a federal lawsuit after the city retaliated against members for exercising their First Amendment rights.

The case dates to 2019, when fire fighters decided to endorse incumbent Mayor Anthony Copeland’s opponent. Copeland’s cost-cutting policies had frozen fire fighter pay and benefits and left the department under resourced.

“No fire fighter should face retaliation for speaking up about public safety,” General President Edward Kelly said. “Local 365 was right to fight back. This settlement is a hard-fought victory for them, and the IAFF was proud to stand with our East Chicago members to defend their rights.”

In addition to freezing salaries and benefits, the city abolished terminal leave, froze longevity pay and grade pay, and eliminated leave-bank payouts for fire fighters hired after 2010.

Copeland was re-elected, along with six Common Council candidates endorsed by the Local. Several fire fighters protested at Copeland’s inauguration, which Copeland found to be “disrespectful.”

That August, Local 365 President David Mata and Common Council members drafted a salary ordinance that would have returned some benefits Copeland froze in 2010. The ordinance passed by a 5-4 vote, but Copeland vetoed it. There were not enough votes to override his veto.

Soon after, the mayor and the city unilaterally moved fire fighters from a traditional 24/48 schedule to a rotating eight-hour swing shift. That schedule consisted of an eight-hour day shift, followed by 24 hours off, then an eight-hour evening shift, followed by 24 hours off, then an eight-hour overnight shift, followed by 24 hours off, and then the cycle repeated.

The city took it a step further and removed the beds from at least one firehouse, saying the move was a COVID-19 safety precaution and that the beds were no longer needed because fire fighters were working eight-hour shifts.

Mata said at the time that he believed the decision was retaliation for the union speaking up about public safety concerns.

The change came without a feasibility study or discussion with fire fighters about what the change would do to response capabilities and whether fire fighters would have adequate recovery time between shifts.

“The only things this union has ever sought are fair wages, benefits, and safe working conditions. And these actions taken by the city felt like punishment for speaking up when those basic needs were not being met,” Mata said. “We appreciate everything the IAFF, 8th District Vice President Mark Sanders, and the Professional Fire Fighters Union of Indiana has done and continues to do to assist us through this fight.”

Local 365’s case was approved for IAFF Guardian Policy coverage, and a lawsuit was filed in May 2021 in U.S. District Court for the Northern District of Indiana. The lawsuit alleged the new schedule was punitive retaliation tied to union political activity and support for the mayor’s opponent.

In a related case, a federal district court issued a preliminary injunction and ordered that the 24/48 schedule be restored in October 2021 while the First Amendment case was litigated. The city appealed that ruling, but it was upheld in the U.S. Court of Appeals for the Seventh Circuit in March 2022.

Meanwhile, litigation in the First Amendment case continued until May 2026 when a settlement was proposed to the two sides by a mediator and accepted.

“The IAFF will always stand by its members as they fight to protect their rights, wages, and benefits,” 8th District Vice President Mark Sanders said. “I appreciate all the support provided by the IAFF and the PFFUI. And I commend President Mata for continuing to stand up to the injustices dealt by the mayor.” r continuing to stand up to the injustices dealt by the mayor.”