San Francisco, CA—First Liberty Institute, Baker Botts LLP, and the Church State Council asked the U.S. Court of Appeals for the Ninth Circuit to reverse a lower court decision that allowed the Stockton (CA) Fire Department to dismiss a fire chief, Ron Hittle, for attending a leadership conference held at a church.
You can read the brief here.
“Stockton city officials fired a public servant whose goal
was to save lives because they were intolerant of his religious beliefs,” said
Stephanie Taub, Senior Counsel at First Liberty. “The city fired Chief
Hittle for attending a world-class leadership conference attended by millions
simply because it was associated with religion. This is clear evidence of
illegal religious discrimination.”
Alan Reinach of the Church State Council said of the
appeal, “The lower court rubber stamped the city of Stockton’s decision to fire
an exemplary fire chief who served the city of Stockton for 24 years, simply
for being a Christian. The Ninth Circuit needs to fix the lower court’s
dangerous ruling.”
Aaron Streett of Baker Botts said, “City of Stockton
officials were completely intolerant of Chief Hittle’s religious
beliefs. Federal law protects the freedom of every American to live
without fear of being fired simply because of their beliefs.”
After 24 years of service, the city of Stockton, California
fired Fire Chief Ron Hittle because he attended a religious leadership
conference while on the clock. Although the city requested Hittle attend a
leadership training course, it later opened an investigation after he attended
Willow Creek Church’s Global Leadership Summit, a world-class conference with
speakers from a variety of religious and non-religious backgrounds, including
Jack Welch, former CEO of General Electric; Terri Kelly, president and CEO of
W.L. Gore and Associates; Tony Dungy, winning coach of 2007 Super Bowl; and
Zhao Xiao, Ph.D., leading Chinese economist. Over the years, speakers at the
conference have also included Sheryl Sandberg of Facebook and former President
Bill Clinton. The city listed as the primary reason for Hittle’s termination
his attendance at a “religious event” while on duty. Hittle sued, but in
March of this year, a District court sided with the city.
Today’s brief argues, “The City’s disproportionate response
to Hittle’s attendance at the Summit provides further evidence of discrimination.
The City listed attendance at the Summit as two of the four ‘most serious acts
of misconduct’ that led to Hittle’s termination. Yet there were steps
short of termination that the City could have taken to remedy this alleged
misconduct. If the City believed it was impermissible for Hittle to
attend the Summit while on duty, it could have requested that Hittle charge the
attendance at the Summit to personal leave. That is precisely the course
the City pursued with [others], who attended with Hittle. The City’s
treatment of Hittle’s attendance at the Summit as misconduct meriting
termination further reveals the City’s discriminatory animus.”
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First
Liberty Institute is a non-profit public interest law firm and the
largest legal organization in the nation dedicated exclusively to defending
religious freedom for all Americans.
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