ACLU, Playboy Magazine Join Fireman to Fight Ban

During the long lulls between emergency calls, County Fire Department Capt. Steve W. Johnson liked nothing better than settling into a fire station lounge and opening up the magazine he has been reading for 30 years--Playboy.

Johnson insists it’s the in-depth articles and amusing cartoons that prompt him to buy the racy magazine. But the 26-year veteran appreciates the nude photographs as well and does not consider them even a bit offensive.

Johnson’s relaxation sessions came to a sudden end in July, 1992, when superiors in the department issued a sexual harassment policy banning sexually oriented publications--including Playboy, Penthouse and Playgirl--from all work locations, including dormitories, restrooms and lockers.

The policy, which stirred a raucous internal debate, was designed to prevent a sexually charged environment in fire stations, especially because of the increasing number of women in what used to be all-male domain.

But Johnson--with the unusual backing of the ACLU and Playboy--filed suit Thursday in Los Angeles Superior Court, alleging that his 1st Amendment rights are being abridged by a policy that prevents him from reading what he wants.

“This is so silly in this day and age,” said Burton Joseph, a lawyer for Playboy in Chicago. “You expect firefighters to risk their lives and then you treat them like children.” At a Los Angeles news conference Thursday, ACLU Executive Director Ramona Ripston emphasized the importance of anti-harassment policies in the workplace. But she said a ban on a constitutionally protected publication such as Playboy--a rule against even storing one in a locker or reading it in a bunk--goes too far. She said the policy is especially unfair to firefighters because they live at their stations, filling 10 24-hour shifts per month.

Ripston said she would not have taken the case if Johnson waved the centerfolds in the air or made derogatory comments about women. But all Johnson does, she said, is read.

“If he sits there by himself and just reads the magazine, that’s protected,” Ripston said. “If he takes the centerfold and opens it up for all to see and says, ‘Hmmm!’ or ‘Hey, look at this!,’ that’s offensive.”

Those who came up with the policy have another view.

“We have a right to say what should or should not be brought into the work environment if it affects our operations,” said Rick Palardy, a department personnel officer. “Sexually explicit material introduces the idea of sex in the workplace and we could expect females to find that uncomfortable.”

Johnson, 49, who works in a distant outpost near Edwards Air Force Base with no women around, considers himself a sensitive, enlightened guy. He applauds the department’s sexual harassment policy in general and says he would never cross the line. But he wonders what is wrong with Playboy?

He’s been reading it most of his life. His wife, Cathy, reads it.

And the pictures?

“Sure, there’s some nude photography in it,” said Johnson, who lives in Corona del Mar. “But it’s in good taste.”

Johnson is used to stirring things up in the department. In 1991, he suspected a fellow union official of looting the local’s treasury. After hiring his own attorney, he forced an investigation that resulted in charges against the man.

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His Playboy suit may have wider implications.

From Inglewood to Santa Ana, other fire departments have more generally worded policies that ban conduct that creates a sexual atmosphere without listing specific publications that are banned. Nonetheless, some of the policies in effect prevent workers from reading Playboy on the job.

In addition to the ban on adult magazines, Los Angeles County has outlawed firehouse viewing of explicit videos and cable channels.

Despite the increased attention to sexual harassment issues, fire stations remain predominantly male environments. The county has about a dozen women among its 1,000 firefighters. The city has about 100 women in its 3,000-member department.

Johnson, despite his contrarian ways, has given up his on-duty reading of Playboy until he gets his day in court.