1ST AMENDMENT WATCH : Alarming Reading?

Like many employers concerned about sexual harassment in the workplace, the Los Angeles County Fire Department has rules intended to make the work environment comfortable for firefighters, both female and male. But one of those well-intentioned rules has unintentionally run up against the First Amendment.

Last year county officials prohibited firefighters from reading or even having in their possession magazines that feature nudity, such as Playboy, while on duty in county fire stations.

That rule was challenged by Fire Capt. Steve Johnson, who argued that he should be able to read anything he wants in his personal time during the firefighters’ long shifts, which often extend for 24 hours and can include long lulls between emergency calls. The county denied Johnson’s internal complaint, and Thursday the American Civil Liberties Union filed a federal lawsuit on his behalf.

Let it be duly noted that Johnson considers himself enlightened and supports the Fire Department’s other rules to prevent sexual harassment. And, like many of us, he insists that it is the well-written articles and the amusing cartoons that draw him to Playboy.

We absolutely commend county officials for wanting to prevent sexual harassment, but they should not contest this lawsuit. They should drop the prohibition on Playboy (and, for that matter, Playgirl magazine) in fire stations. It crosses the line between preventing offense and preventing someone from exercising personal rights on private time.