SAN DIEGO COURTS: A lawyer representing four firefighters ordered to attend last year's gay pride parade told a judge yesterday that the move violated the firefighters' free-speech rights under the state constitution.
Charles LiMandri said his clients' participation in the parade, while in uniform, could be construed as an endorsement of a political message, and therefore qualifies as “compelled speech.”
LiMandri, who represents firefighters Alex Kane and Chad Allison and Capt. Jason Hewitt and Capt. John Ghiotto, asked the judge to issue an injunction barring the city of San Diego from forcing firefighters to take part in the parade.
City Attorney Michael Aguirre argued that an injunction would be improper and unnecessary, given that the San Diego Fire-Rescue Department has changed its policy to make participating in any parade voluntary.
Aguirre said the firefighters represented the department at the event, and were not asked to communicate any political message.
Superior Court Judge Michael Anello said he would take the issue under submission and issue a ruling this week.
A jury deadlocked Monday over whether the four firefighters were sexually harassed during the parade. The panel voted 11-1 against one of the firefighters, who said he suffered retaliation within the department after filing a complaint. –D.L.
Accused Marine's lawyer
headed to Fallujah site
The attorney for a Camp Pendleton Marine charged with killing a detainee during combat in Fallujah, Iraq, is traveling to the alleged crime scene to conduct interviews and survey the area.
Joseph Low of Long Beach is representing Sgt. Jermaine Nelson, who is charged with killing the captive Nov. 9, 2004, during house-to-house fighting.
A fellow Marine, Sgt. Ryan Weemer, also faces court-martial for allegedly shooting to death another detainee during the incident.
Nelson and Weemer have made self-incriminating statements to investigators, and their attorneys are trying to keep those statements from being introduced as evidence during trial.
If convicted, the defendants could be sent to prison for life. –R.R.
Encinitas OKs new rules
for surf camps at beach
ENCINITAS: Responding to complaints about crowded beaches, the Encinitas City Council voted unanimously last night on the details of new regulations for surf camps.
The rules will be incorporated into city law, and will take effect for next summer.
On Aug. 20, the council voted to support a broad proposal to regulate surf camps and other businesses that use city beaches and parks.
Last night's meeting focused on the details of regulating surf camps. The council has not yet discussed how to regulate the other businesses that make use of city facilities, such as yoga classes, field trips, personal trainers and fitness classes.
Under the new rules, surf camps will have to compete to use a limited number of areas at the following beaches: Swami's, D Street, Moonlight, Beacons, Grandview and Ponto South. Those selected by the city will pay a fee per student up to a weekly maximum.
The money will be used to support beach lifeguard services, maintenance and improvements. –T.M.
Fundraising set to restore
celebrated NTC gardens
POINT LOMA: A fundraising drive has been started to revive the gardens at the former Naval Training Center that once hosted dignitaries from around the world.
The Naval Training Center Foundation is trying to raise the remaining $40,000 needed by Dec. 1 to match a $100,000 grant from the California Cultural and Historical Endowment.
The money will allow the foundation to complete a master plan for restoring the historic 4-acre gardens that surround the former NTC Officers Quarters at the longtime military base, which closed in 1997. The landscape architectural firm of Spurlock Poirier has been selected to restore the gardens to their former splendor.
The gardens and officers quarters are on the National Register of Historic Places. After they are renovated, the gardens will be open to the public at the former boot camp, now known as Liberty Station.
Tax-deductible donations can be made to the NTC Foundation, 2801 Rosecrans St., San Diego, CA 92106. For more information, call (619) 573-9260. –R.W.P.
Its system tainted, camp
is ordered to boil water
LAKESIDE: A camp in Lakeside has been ordered to boil the water it serves after its water system was found to be contaminated.
The county Department of Environmental Health issued the order Tuesday for Featherstone Christian Camp. County officials said the camp received results indicating contamination Sept. 27, but did not notify the county until Tuesday. The camp has been ordered to notify all campers about the contaminated water.
The water showed the presence of total coliform bacteria, which is not necessarily harmful but indicates contamination. E. coli bacteria, which present greater risk, were not detected.
The boil-water order will remain in effect until the tests of the water system show it is no longer contaminated. –A.K.
Chula Vista student, 7,
also has whooping cough
CHULA VISTA: A Feaster Charter School student has been diagnosed with whooping cough, county health officials announced Tuesday.
The 7-year-old student had been immunized against the highly contagious disease. Officials said the student's younger sibling, who was too young to be fully immunized, also was diagnosed with the disease.
All of the students at the Chula Vista school had been immunized, which officials said should help slow the spread of the disease.
County health and human services officials said no vaccine is 100 percent effective. They still urge vaccinations to be taken because whooping cough is contagious and its risks are especially high for exposed infants.
Parents of students at the school have been notified by letters and phone calls about the possibility of exposure, officials said.
Last week, county health officials announced that a 9-year-old student at Fletcher Hills Elementary School in El Cajon had been diagnosed with whooping cough. There have been 41 cases of whooping cough reported in San Diego County so far this year. –A.M.
Staff writers Dana Littlefield, Rick Rogers, Tanya Mannes, Ronald W. Powell, Anne Krueger and Angelica Martinez contributed to this report.
