“RIGHT now, the [former] firefighters’ case is in the hands of the court,” said attorney Joseph Horey, who represents Paul Acebedo, Jose K. Angui, Allen T. Calvo, Cain C. Castro, Algernon A. Flores, Derek B. Gersonde, Shawn DLR Kaipat, Philip Kalen and Adam J. Safer.
In June 2021, they sued the Department of Fire and Emergency Medical Services and its former commissioner, Dennis Mendiola, for terminating them after they refused to take the Covid-19 vaccine.
In September 2021, the lawsuit was dismissed without prejudice by Superior Court Associate Judge Joseph N. Camacho, who said the plaintiffs had not exhausted all administrative remedies available to them when they filed their lawsuit.
In December 2022, the former firefighters refiled their complaint and added as defendants then acting-DFEMS Commissioner Jesse Mesa, in his official capacity only, and the Civil Service Commission.
The plaintiffs asked the Superior Court to reverse the decision of the Civil Service Commission affirming the fire department’s adverse action that terminated them for insubordination.
The plaintiffs want the court to issue an order finding their termination invalid and unlawful.
Moreover, they want to be reinstated in their pre-termination positions, with back pay, leave and benefits from the date of their termination.
In addition, they are asking for an undetermined monetary award and damages for emotional distress.
In a recent statement to reporters, Horey said, “The government defendants have filed three different motions to dismiss, and all three have been heard by the court. Two were heard on June 14 and one on August 21. So right now, we are just waiting for the court to issue a decision. If our case survives these motions to dismiss, we will keep on fighting for reinstatement.”
“We are hopeful for a favorable decision,” he added.
“It seems that after some initial pandemic panic, the courts have come to a better understanding of these kinds of issues. For example, the New York Supreme Court recently found that a New York City vaccine mandate violated equal protection because it applied only to government workers, and not to the private sector. That is one of the same arguments that our firefighters made,” Horey said.
“So, we think we have a solid case and will prevail in the end,” he added.
