Via The NY Transfer News Service ~ All the News that Doesn't Fit from the LESBIAN & GAY Newsfeed - NY Transfer News Service Modem: 718-448-2358 nytransfer@igc.org nyxfer@panix.com from The (Electronic) Gay Community Magazine - March 21, 1992 JUDICIAL: Our Legal System FLORIDA DEPUTY SHERIFF FIRED FOR BEING GAY WINS JURY TRIAL IN MAJOR GAY RIGHTS CASE ORLANDO, FL (EGCM) In a precedent-setting lawsuit, a Florida jury today ruled in favor of a deputy sheriff fired because he is gay. Orange County Sheriff Walter Gallagher was charged with violating Deputy Sheriff Thomas Woodard's constitutional rights, including his right to privacy under the Florida State Constitution. The jury rejected the Sheriff's claim that Woodard resigned voluntarily, and found that he was coerced into resigning following an investigation by the Sheriff into Woodard's sexual orientation and private life. The trial, which took place in the midst of the Sheriff's bid for re-election, featured testimony by several law enforcement officials from central Florida on behalf of Woodard. Now that the jury has upheld Woodard's claim of forced resignation, Judge William Gridley of the Orange County Court, who presided over the jury trial, will conduct a hearing with expert testimony and legal arguments focusing on the constitutional issues of the right to privacy, equal protection, and civil rights for gay people. The case is expected to go all the way to the Florida Supreme Court, where it will set the stage for a landmark ruling on the privacy rights of gay men and lesbians. Woodard is represented by Orlando attorney William J. Sheaffer and Evan Wolfson, staff attorney for Lambda Legal Defense and Education Fund. "Today's jury verdict is part of a one-two punch against the Sheriff's clandestine policy of anti-gay discrimination," said Sheaffer. "Florida's constitution is very strong in its protection of all people, gay and non-gay. We are confident that Tom Woodard will get his police job back." In April 1989, despite Woodard's exemplary performance and consistently high evaluations by supervisors and co-workers, the Sheriff's office launched an investigation into his off-duty sexual activity, based on information that he is gay. Although there was never any allegation bearing on Woodard's job performance, the Sheriff subjected him to a lie detector examination about his private life and adult sexual relationships. Woodard was then forced to resign because of the Sheriff's belief that "homosexuality is unnatural, immoral and inexcusable." In an extraordinary step, the local Fraternal Order of Police voted 2 to 1 to condemn the Sheriff's firing of Woodard. "The jury's verdict sends a message to the whole country," said co-counsel Evan Wolfson. "This relatively conservative community rejected an appeal to bigotry by the Sheriff, who asked them to agree that unlike in, say, New York or California, people here were not ready for a gay police officer. There has clearly been a change in the public's attitudes and understanding of gay people." Wolfson noted that in the past two years, courts in three states, Kentucky, Michigan, and Texas, have found that their state constitutions protect gay people's right to engage in private consensual sexual activity. Since it began three years ago, the case has consistently drawn national attention. A rally on behalf of the fired deputy drew hundreds of supporters, as well as a sinister band of hooded members of the Ku Klux Klan. The jury decision comes on the heels of a court decision barring the Dallas, Texas Police Department from discriminating against lesbian and gay police officers and applicants. For more information contact: Paula Ettelbrick; Lambda Legal Defense & Education Fund; 666 Broadway; New York, NY 10012; Voice 212-995-8585; Fax 212-995-2306. Lambda Legal Defense & Education fund; 606 South Olive Street #580; Los Angeles, CA 90014; Voice 213-629-2728; Fax 213-629-9022. Be sure to mention in your correspondence that you heard of this through The Electronic Gay Community Magazine. The entire contents of The Electronic Gay Community Magazine are Copyright 1992 by The Land of Awes Computer Information System (telephone 316-269-0913 Voice, 316-269-4208 FAX/BBS) but may be reproduced by any means without permission from the publishers provided that this copyright notice remains with each article.