Two IAFF-backed First Amendment retaliation lawsuits in Louisiana and North Carolina are moving closer to trial after judges rejected efforts by fire department management to dismiss the claims before a jury could hear them.
Both cases are protected under the IAFF Guardian Policy, which provides legal support to affiliate leaders facing retaliation for speaking out on issues affecting public safety and working conditions. In both lawsuits, fire fighters allege they were punished for speaking on matters of public concern.
“Fire fighters are on the frontlines every day,” General President Edward Kelly said. “We understand the challenges facing our departments and our communities because we see them firsthand. So, when members raise concerns about public safety, they should be heard – not silenced.
“These cases demonstrate why the IAFF Guardian Policy is so critical.”
Louisiana: Fire fighter fired after raising concerns about spending
The Louisiana case involves Jonathan Gramm, a former member of DeSoto Parish Local 5138 and current member of Caddo Parish Local 4077.
In September 2023, the Board of Commissioners for DeSoto Parish Fire District 9 was discussing its budget when Fire Chief Kristopher King proposed purchasing a new chief’s vehicle.
Members of Local 5138 believed the money would be better spent on apparatus improvements and other firefighting resources. They asked Gramm, who was serving as the Local’s secretary-treasurer, to raise those concerns with commissioners on their behalf.
Gramm spoke with two commissioners who were receptive to Local 5138’s concerns. The next day, the chief placed Gramm on administrative leave pending disciplinary action for allegedly violating the fire district’s chain of command. He was fired on Nov. 27, 2023.
The chief’s actions made Gramm eligible for coverage under the IAFF Guardian Policy. The case proceeded to the U.S. District Court for the Western District of Louisiana, where the fire district and King argued that Gramm was not acting as a private citizen and that his termination was justified because he violated the district’s chain-of-command policy. The court rejected both arguments.
The court held that, “If the speech is citizen speech on a matter of public concern, the fact that an employer has adopted a policy regulating the manner in which employees may communicate with governmental officials does not automatically remove that speech from First Amendment protection.”
Additionally, the court found, “[T]he speech at issue involved public funds and public safety. Gramm’s interest in speaking to government officials about whether taxpayer funds should be spent on a new chief’s vehicle or on firefighting equipment is substantial.”
“The importance of this decision to IAFF members across the country cannot be overstated,” IAFF General Counsel Peter Leff said. “The clarity of this decision will help IAFF leaders and members ward off similar attacks on their First Amendment rights.”
North Carolina: Union president faces retaliation after speaking out
Summary judgment was also denied April 29 in a case involving High Point, NC Local 673 President Robert Templeton before the U.S. District Court for the Middle District of North Carolina.
Templeton, a 24-year veteran fire fighter, faced increasing scrutiny after being elected Local president in January 2023, growing union membership, and speaking out about staffing and pay concerns.
According to the lawsuit, fire department management repeatedly attempted to discipline Templeton for exercising his First Amendment rights. One incident allegedly occurred in May 2024, when management threatened to fire him if he spoke directly with the mayor or city council members again.
The IAFF accepted Templeton’s case for coverage under the Guardian Policy, and a lawsuit was filed alleging violations of his First Amendment rights.
Templeton’s IAFF legal counsel, Sammy Sugiura, told WXII at the time of filing the suit, “Whenever our members are in uniform, they adhere to the chain of command, but when they’re off the clock, they’re allowed to speak up about these things. We just want to make sure that no one is punished for speaking with their elected officials.”
Fire department management sought summary judgment, but the court found sufficient evidence that Templeton’s rights to free speech, free association, and the right to petition government may have been violated.
The court ruled the case should proceed to trial.
Court dates for the Louisiana and North Carolina cases are expected in August.
