In 2009, the Austin Fire Department reached far down in its ranks to promote two untested lieutenants to newly created Assistant Chief positions, passing over a significant number of more experienced captains, battalion chiefs, and division chiefs. The Firm represented two longtime AFD officers, former battalion chiefs Don Smith and Greg Nye, and the Emergency Responders for Equality—an organization founded by concerned AFD firefighters—to challenge AFD’s use of race in deciding whom to appoint to the new Assistant Chief positions and to prevent any consideration of race in future promotions. Following mediation, the parties reached an amicable settlement awarding plaintiffs $850,000 in damages and attorneys’ fees in addition to injunctive relief.
Eric Chenoweth, Ed Dawson, Kevin Terrazas, Scott Keller, April Farris, and Wyatt Dowling represented plaintiffs in this matter. For more information, read here.