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From: UFA@UFANYC.org
Reply-to: lbradshaw@ufanyc.org
Sent: 1/23/2012 4:30:13 P.M. Eastern Standard Time
Subj: 65-2 #4 Fax of 2012, First Amendment Rights Infringement
65-2 Fax
An Official Communication from the UFA
#4 of 2012 ? January 23rd
Members Need Not Obey Dept Order that Illegally Infringes on Their First Amendment Rights
The Department recently issued D.O. 89, which asserts that in addition to EEO restrictions, "material presenting opinions or viewpoints is not permitted anywhere in quarters." The prohibition explicitly applies to both Department and non-Department matters. The D.O. also prohibits the posting of any articles/materials from any publication or the internet. After reviewing this Order with counsel, we are convinced it is an unconstitutional infringement of our members' First Amendment rights. For example, the D.O. would prohibit a member from possessing a bible, newspaper or magazine in the firehouse. It would also prohibit the showing of any televised opinions or the accessing of on-line materials.
Accordingly, we are directing our members to ignore D.O. 89, with the exception that members must still obey EEO guidelines that prohibit racial, gender or age discrimination. Our members should feel free to possess and discuss newspapers, magazines, and any materials containing opinions and viewpoints. While the FDNY does own our firehouses, we do not forfeit our First Amendment rights when we walk through the firehouse doors.
If any members are subjected to discipline or the threat of discipline for failing to obey D.O. 89, please immediately notify your UFA Borough Trustee.
Fraternally,
Stephen J. Cassidy
President
Joseph A. Miccio
Recording Secretary
Reply-to: lbradshaw@ufanyc.org
Sent: 1/23/2012 4:30:13 P.M. Eastern Standard Time
Subj: 65-2 #4 Fax of 2012, First Amendment Rights Infringement
65-2 Fax
An Official Communication from the UFA
#4 of 2012 ? January 23rd
Members Need Not Obey Dept Order that Illegally Infringes on Their First Amendment Rights
The Department recently issued D.O. 89, which asserts that in addition to EEO restrictions, "material presenting opinions or viewpoints is not permitted anywhere in quarters." The prohibition explicitly applies to both Department and non-Department matters. The D.O. also prohibits the posting of any articles/materials from any publication or the internet. After reviewing this Order with counsel, we are convinced it is an unconstitutional infringement of our members' First Amendment rights. For example, the D.O. would prohibit a member from possessing a bible, newspaper or magazine in the firehouse. It would also prohibit the showing of any televised opinions or the accessing of on-line materials.
Accordingly, we are directing our members to ignore D.O. 89, with the exception that members must still obey EEO guidelines that prohibit racial, gender or age discrimination. Our members should feel free to possess and discuss newspapers, magazines, and any materials containing opinions and viewpoints. While the FDNY does own our firehouses, we do not forfeit our First Amendment rights when we walk through the firehouse doors.
If any members are subjected to discipline or the threat of discipline for failing to obey D.O. 89, please immediately notify your UFA Borough Trustee.
Fraternally,
Stephen J. Cassidy
President
Joseph A. Miccio
Recording Secretary