Unfortunately, First Amendment freedom of speech cases are becoming more common in the fire service. Another one was recently decided in Habel, et al, v. Macomb Township, et al, No. 04-60160, U.S. District Court for the Eastern District of Michigan, Southern Division (2006).

In this case, four Macomb (Mich.) Township Fire Department firefighters brought suit against the department, the township, Fire Chief Raymond Ahonen, Township Supervisor John Brennan and the township clerk, claiming that each had violated the firefighters' First Amendment rights, among others.

One of the plaintiffs, Kenneth Meerschaert, began working for the department as a part-time firefighter in 1981. He advanced through the ranks and in 2000 was promoted to assistant chief. In that position, his responsibilities included training on-call firefighters, which caused him to become concerned about perceived staffing and training inadequacies. He felt that the department was inadequately staffed and that many firefighters weren't attending training sessions. He suggested to the chief that those not attending be disciplined, but Ahonen disagreed.

Meerschaert then spoke to the township attorney, township officials, community residents and the press. Several articles appeared in newspapers. As a result, Brennan, through Ahonen, issued an order requiring that all media inquiries regarding the department be directed to Ahonen or him.

Meerschaert claimed that after he went public with his concerns, his relationship with Ahonen began to deteriorate. On Oct. 28, 2002, Meerschaert attended a township meeting and once again tried to voice his concerns, but he stated that he encountered so much hostility that he felt forced to leave. Two days later he was transferred to another station, denied access to a computer he needed to perform his duties, denied use of a department vehicle, required to report to a subordinate, denied access to files he needed, and had his keys taken away from him.

After the township meeting, Meerschaert and several other plaintiffs prepared a flier that included statements about Brennan's lack of concern for the safety of the community. It was distributed to about 250 residents, who were encouraged to attend the next board meeting.

About two weeks later on Nov. 14, 2002, a call came in requesting an emergency medical response. Meerschaert said that the dispatcher did not provide a clear address of the emergency, so he waited to verify the address while two other firefighters covered the run. Meerschaert later left work to take his wife to a doctor's appointment. He was subsequently suspended for 45 days for neglect and evasion of his duties on that day. Meerschaert resigned from the department in January 2003.