ACLU, Magazine Join Fireman to Fight Ban : Controversy: Corona del Mar resident files suit against policy outlawing sexually oriented publications at work.

During the long lulls between emergency calls, Fire Capt. Steve W. Johnson of Corona del Mar 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 his superiors in the Los Angeles County Fire 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 First 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 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. He considers it an award-winning publication full of entertaining editorial copy.

And the pictures?

“Sure, there’s some nude photography in it,” Johnson said. “But it’s in good taste.”

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, including Playboy’s.

The Orange County Fire Department’s policy, arrived at several years ago after “a lot of internal discussion,” does not list any specific magazine titles, spokeswoman Kathleen Cha said.

“We’re concerned about the climate and conditions of the workplace, what’s appropriate and proper,” she said. Fire stations “are a workplace, and are not looked upon as a place for your personal preferences, whether you’re there for 12 hours or 24 hours.”

Times staff writer Mark I. Pinsky contributed to this story.