LOS ANGELES COUNTY : Adult Magazines Banned From Firehouse--for Now

A federal judge refused Thursday to loosen a ban on adult magazines in county fire stations, but he told attorneys to prepare their arguments and come back March 10.

Fire Capt. Steven Johnson had sought a preliminary injunction against enforcement of the ban on Playboy, Penthouse and Playgirl, pending trial of his lawsuit. Johnson claims he has a 1st Amendment right to read the magazines.

The department, supported by the local chapter of the National Organization for Women, says the magazines violate sexual harassment policy.

U.S. District Judge Stephen Wilson said it was an unusual 1st Amendment case because Johnson works for the government. To get a preliminary injunction, Johnson would have to prove the county’s policy was too general, covering any magazines that publish nude photos, the judge said.

Wilson indicated that the case would probably focus on whether Johnson’s possession of a magazine would interfere with efficient operations, and whether the public would encounter the magazines.