Friday, June 12, 2020

EMS Providers Suing for Alleged Violation of Their First Amendment Rights


FDNY Paramedic Elizabeth Bonilla

The First Amendment: Congress shall make no law respecting an establishment of religion or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press, or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances. In other words, in other words, the first amendment acts as a protection of individuals against the government, freedom of speech. The first amendment guarantees freedom's concerning religion expression assembly and the right to petition it forbids congress from both promoting one religion over others and also restricting an individual’s religious practices. It also guarantees freedom of expression by prohibiting Congress from restricting the press or the rights of individuals to speak freely. Additionally, it also guarantees the right of citizens to assemble peaceably and to petition the government.

 

For EMT John Rugen, and paramedics Elizabeth Bonilla, Alexander Nunez, and Megan Pfeiffer, the first amendment felt far from respectable after they were subjected to retaliation after speaking publicly about working conditions and health concerns regarding the COVID-19 pandemic. A lawsuit has been filed allegedly after the retaliation they had faced (Bloomberg law). 

 

This past April, the New York City Fire Department sent letters informing three paramedics including Elizabeth Bonilla, Alexander Nunez, and Megan Pfeiffer that they were restricted from treating patients following their complaint. As stated in the complaint, the letters gave no reason as to why they were put under restrictions in the first place. Additionally, EMT John Rugan, an officer of the Fire Department of New York was put on restricted status after the fire apartment initially suspended him for 30 days, claiming that he violated the New York Fire Department’s social media policy and privacy laws without providing any sort of evidence as seen in the complaint.

 

according to NPR's article about the apparent situation, spokesperson Nicholas Paolucci,  of New York City's Law Department, commented through email,“ The FDNY respects the First Amendment rights of its employees but those rights must be carefully balanced to respect the privacy rights granted under the law to patients receiving emergency medical care" 

 

According to Terry Meginniss (an attorney representing the EMS workers in the alleged lawsuit), stated that any implication that they have not respected their patient’s privacy is "absolute hogwash" (NPR) "These are the people who go out and treat people, and they have been living through incredibly difficult times."

 

Under the six clauses/ six freedoms of the first amendment, the treatment of John Rugen, Elizabeth Bonilla, Alexander Nunez, and Megan Pfeiffer from New York's Fire Department violates two of the six clauses of the first amendment: (3) Freedom of Speech and (4) Freedom of Press. Under clause three of Freedom of Speech, the individuals First Amendment rights were violated after the New York Fire Department restricted the workers for voicing their concerns about certain working conditions regarding the COVID-19 pandemic which was ultimately a punishment to the workers after expressing how they really felt regarding the current situation of working their jobs. Additionally, under clause four, Freedom of Press, John Rugan was put on restricted status after the fire apartment initially suspended him for 30 days, claiming that he violated the New York fire department social media policy and privacy laws without providing any sort of evidence as seen in the complaint. Regardless, John Rugan has the freedom to publish to social media as a freedom of press. The department failed to produce any sort of evidence about a "violation of the New York fire department social media policy" so there was no reason for Rugan's punishment of a 30-day suspension. 

 

In my opinion, honestly, I feel outraged just researching and reading about the situation, I can't even imagine how frustrated Bonilla, Nunez, Pfeiffer, and Rugan are feeling at this current moment. To work as paramedics and EMTs during a pandemic is obviously frightening and I believe their concerns about their working environments are completely valid and justified. They did not step down from the job they signed on for when things became frightening amidst the virus, their concerns should have been respected and listened to without any sort of punishment whatsoever. I am saddened and disappointed to have seen the way the New York Fire Department responded to these individual’s concerns; it was out of line. I have such a respect for first responders and their continuation to work as hard as they can on the front lines of their jobs especially during this virus, to see mistreatment towards any of them is frustrating. Instead of attacking the EMTs and paramedics, the New York Fire Department should have worked together with them to help allay their concerns so that those individuals could go back to work feeling safer and the fire department could go back to their job knowing that they helped solve a problem, instead, they are dealing with an alleged lawsuit of mistreatment and violation. 

 


https://www.ems1.com/legal/articles/4-ems-providers-sue-fdny-for-alleged-first-amendment-violations-u4BBayRFpTYIKIVR/

https://qns.com/story/2020/06/12/ems-workers-sue-fdny-for-alleged-violations-of-first-amendment-rights/

https://www.npr.org/sections/coronavirus-live-updates/2020/06/11/875161922/new-york-city-ems-workers-allege-retaliation-after-speaking-about-pandemic

https://assets.documentcloud.org/documents/6941386/Barzilay-June-10-2020-Complaint.pdf



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