Reports that City Hall is looking to settle the ongoing lawsuit against alleged racial bias at the Fire Department turn out to be wildly exaggerated. “Any suggestion that the city initiated settlement discussions is false,” according to Executive Assistant Corporation Counsel Georgia Pestana.
Which is reassuring. Because, having just won a major victory in the US Court of Appeals, the city needs to continue fighting this case to clear the FDNY’s name. For the record, that’s just what the city says it’s doing. Its Law Department says the city is pressing for a trial this summer, while the plaintiffs want to wait until the fall.
At issue is whether the FDNY intentionally discriminated against minorities in its entrance exams and hiring practices. Federal Judge Nicholas Garaufis ruled early on that it had, and he imposed arbitrary measures on the department that kept the FDNY from hiring new recruits for years. But the 2nd Circuit US Court of Appeals ruled that it was Garaufis who’d shown bias and removed him from hearing the issue.
Now the case is before Judge Raymond Dearie, a veteran judge (appointed by Ronald Reagan) and former US attorney who, we suspect, is much less inclined toward judicial activism. In other words, a judge who will insist on proof of actual bias.
We’re confident, as is the city, that an honest evaluation of all the evidence will show that no intentional discrimination took place. And though at some point it may be in the city’s interest to settle the case, it has already scored a significant victory by sticking to its principles and staunchly defending the FDNY. We hope that continues, no matter who’s running City Hall come January.