Paramedic Fired for Web site sues for $1 million and job

Wayne Usher said the information was posted as "just another step in trying to inform the public in how they were being protected."

ASSOCIATED PRESS

RICHMOND–A paramedic in Spotsylvania County who posted warnings on his Web site that some cbunty rescue squad stations weren't always staffed has filed a $1 million lawsuit saying he was wrongly terminated.

Wayne Usher filed suit Thursday in U.S. District Court alleging his right to free speech was violated by his Sept. 30 firing.

"Government officials do not lose their First Amendment rights simply because they work for thegovernment," said Thomas Roberts, who is representing Usher.

The suit names as defendants six county officials, including County Administrator Kimball Payneand his deputy, Douglas Walker.

On his Web site, Usher posted a chart showing when the county's eight emergency services stations were staffed, what equipment they had and phone numbers for the stations and their supervisors.

The chart appeared under two large-type questions–"Are YOU being PROTECTED right now? Are You Comfortable Knowing That Your Family may or may not get an ambulance?"–and encouraged visitors to "Call to Find Out."

Usher, a seven-year veteran of the paramedic and firefighting teams, said the information was posted as "just another step in, trying to inform the public in how

they were being protected," with no other agenda.

"In reality, I thought they [Spotsylvania County officials] would like it because they weren't putting it up but it was letting people know what was going on," he said.

In the letter informing Usher he was being fired, Walker wrote that Usher's conduct "does, in fact, have an adverse effect on the County's interests ... and on the confidence of the public in County government."

It also said the information had upset many volunteers who provide off-hours rescue squad and fire department services, and it admonished Usher for contacting the media, which "presented several stories critical of the County's combination fire and rescue system and has gone so far as to print an editorial cartoon" illustrating unstaffed fire and rescue stations.

Walker was not available for comment. Payne defended the dismissal, saying Usher's Web site looked like an offcial county site, undermined public confidence in the county's emergency servicep and was disruptive.

"We didn't take the action that we took lightly," Payne said. The presentation made some visitors to the Web site surmise that no services were available in some locations, sparking negative reaction, Payne said.

"Free speech I'm a complete proponent of, but I think there was a Supreme Court justice that said free speech doesn't mean you can go into a crowded theater and yell, 'Fire!' " Payne said.

Roberts, who is working with the American Civil Liberties Union in the case, said all information posted on the site was accurate. He said he will ask U.S. District Judge James Spencer during preliminary hearing for a preliminary injunction and a restraining order against the county.

"Mr. Usher is entitled to his job back," Roberts said.

The Roanoke Times, Friday, Nov. 20, 1998, page B4.