Judge Rules Gay Ex-LAPD Officer Can Take City to Trial
POSTED: 11:46 am PST February 20,
2008
UPDATED: 12:17 pm PST February 20,
2008
LOS ANGELES -- A gay woman who alleges the Los Angeles Police Department wrongfully fired her because of her sexual orientation can take her lawsuit to trial, a judge ruled Wednesday.Los Angeles Superior Court Judge Edward A. Ferns rejected a motion by lawyers for the city of Los Angeles to dismiss the case on grounds there were no triable issues in Shelby Feldmeier's lawsuit.Feldmeier, who attended Wednesday's hearing, filed the lawsuit in January 2006. She graduated from the LAPD academy in February 2004 and was assigned as a probationary employee to the Wilshire Station, where male officers made frequent offensive comments about homosexuality and asked if she was gay, according to her lawsuit.
Ferns' ruling comes amid attempts by both sides to settle the case before trial with the help of another judge. The first settlement conference before Judge Peter D. Lichtman took place Tuesday and lawyers in the case told Ferns they soon will be scheduling another session.In the wake of efforts to resolve the case, Ferns today pushed back the trial from March 10 to May 12.On Friday, Ferns rejected a motion by Feldmeier's attorneys to give class certification to part of her lawsuit. But, in a nine-page ruling, the judge said Feldmeier can seek the help she is trying to give other gay officers through her individual action and does not need the benefit of class certification.In finding that her case can go to trial, Ferns said he relied heavily on a declaration Feldmeier filed in November. She maintains there have been potentially "dozens or even hundreds" of probationary employees who have suffered similar harassment and discipline because of their gender or sexual orientation.Feldmeier, a Huntington Beach resident, maintains her complaints about harassment and discrimination to then-Deputy Chief Michael Berkow were not taken seriously."I told Deputy Chief Berkow that I had experienced discrimination at Wilshire and that I could provide names," Feldmeier states in court papers. "I was crying as I sat in his office and described the work environment at Wilshire."Berkow appeared uninterested, according to Feldmeier."He said that sexual orientation discrimination isn't an issue in today's LAPD," Feldmeier states.Still, Berkow promised to investigate, according to Feldmeier, but did not keep his promise."I believe that LAPD sat on my complaints of discrimination and harassment and failed to conduct a reasonable, thorough investigation," she states.Berkow, now the chief of police in Savannah, Ga., is the subject of an internal LAPD probe alleging he traded sex with other female officers in exchange for personal favors and promotions.Last year the LAPD settled a discrimination lawsuit brought by Mitchell Grobeson, the first openly gay officer in the department, that set guidelines aimed at banning discrimination against gay and lesbian officers.Feldmeier believes she and other gay officers are covered by the rules set forth in the Grobeson case, but that the department is ignoring their complaints and that another court directive is warranted, said one of her lawyers, Michael W. Parks.
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