By Beth Barrett
The Daily News of Los Angeles
LOS ANGELES — Nearly a year after Mayor Antonio Villaraigosa vetoed a $2.7 million settlement with a black firefighter who claimed racial discrimination when colleagues put dog food in his spaghetti, a Superior Court judge Tuesday ruled the case can go to trial next month.
Superior Court Judge Mark V. Mooney denied the city’s motion to have Tennie Pierce’s claims of racial harassment, emotional distress, retaliation and failure to investigate dismissed, saying the issues should be tried before a jury.
Lawyers for Pierce, who was not in court and is on unpaid leave from the department, said they were pleased with the judge’s ruling.
“A jury needs to make the decision,” said Genie Harrison, one of the lawyers representing Pierce. “We’re very confident in the case.”
Outside attorneys representing the city said they have strengthened the case since the City Attorney’s Office attempted to settle in November.
“We’ve uncovered witnesses and documents and statements that can only help the city going forward,” said Mira Hashmall with the firm Jones Day.
Pierce is seeking unspecified damages for a 2004 incident at Fire Station 5 in Westchester, where a supervisor bought dog food that a colleague later put into his spaghetti.
Pierce — who said the incident was sparked after a volleyball game in which he’d chided colleagues, “You guys keep feeding the Big Dog,” which was his nickname — later was seen in photos with other firefighters engaging in stationhouse horseplay.
The photos and resulting public outcry led Villaraigosa to override the $2.7 million settlement that had been approved by the City Council.
“Given the magnitude of the recommended settlement, the taxpayers have a right to demand a reconsideration with the full benefit of the facts,” the mayor said at the time.
Harrison argued in court that all the claims in the case should be heard by a jury. But Jones Day attorney Patricia Kinaga — in arguing for dismissal — said a city inquiry into the incident was effective and resulted in severe discipline for two of the three fire personnel involved and a halt to alleged discriminatory activities.
The 3,500-member department has drawn severe criticism, with personnel issues costing taxpayers more than $10 million over the last seven years.
The stakes in the Pierce case were underscored earlier this summer when a black, lesbian firefighter won $6.2 million in a discrimination lawsuit.
The case went to trial after the city attorney offered $3 million to settle with Brenda Lee and two other firefighters, Lewis Bressler and Gary Mellinger, who filed lawsuits alleging they had been harassed and retaliated against for backing Lee to her bosses. The City Attorney’s Office hasn’t made a final decision.
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