SAN DIEGO – A judge ruled Friday that San Diego city officials did not violate the free-speech rights of four firefighters when they were ordered to participate in last year's gay pride parade in Hillcrest.

Charles LiMandri, a lawyer for the firefighters, had argued that his clients' participation in the July 2007 parade, while in uniform, could be construed as an endorsement of certain viewpoints and political messages, and qualified as “compelled speech” under the state constitution.

In a written ruling Friday, San Diego Superior Court Judge Michael Anello said the courts have held that citizens must accept some limits on their constitutional rights when they enter government service. For example, governmental employees do not have the right to speak freely, or refrain from speaking, if doing so would disrupt the administration of a public service.

According to the ruling, the San Diego Fire-Rescue Department had determined that participating in the parade was part of its “community building activities,” and was required under state and municipal anti-discrimination laws.

LiMandri had sought an injunction to prevent the city from forcing its employees to take part in any parade. But the judge determined that was unnecessary because the city has since changed its policy to make participation voluntary.

The judge held a hearing on the request for the injunction Wednesday. LiMandri represented the four firefighters – Alex Kane, Chad Allison, Capt. Jason Hewitt and Capt. John Ghiotto.

The four had sued the the city, and following a two-week trial, a jury deadlocked Monday over whether they were sexually harassed during last year's parade.

City Attorney Michael Aguirre argued that an injunction would be improper and unnecessary, because the San Diego Fire-Rescue Department has changed its policy to make participation in any parade voluntary.

Aguirre said the firefighters represented the department at the event, and were not asked to communicate any political message.

During the trial, the firefighters, who are assigned to Station 5 in Hillcrest, testified they were subjected to sexually charged conduct and lewd comments while riding a fire engine in the parade. They said they were mistreated at work after filing complaints.

On Monday, the six-man, six-woman jury said that they were unable to get nine votes, resulting in a mistrial on the harassment complaint. A minimum of nine votes is required for a verdict in civil cases in state court.

LiMandri told the jury during the trial that his clients each deserved between $500,000 and $1 million.

The jury also voted 11-1 against one of the four firefighters, who said hesuffered retaliation within the department because of his involvement inthe civil case.

The judge scheduled a retrial for Jan. 16.

---