By Michael E. Miller
By Ryan Yousefi
By Kyle Munzenrieder
By Sabrina Rodriguez
By Michael E. Miller
By Carlos Suarez De Jesus
By Luther Campbell
By Kyle Munzenrieder
The accounts turned out to be wrong, a fact affirmed by a subsequent fire department investigation. The three black firefighters were not Muslims, and they didn't refuse to ride with the flag. They did, however, voice their strong opinions about racial inequality and race-based discrimination in the U.S., hard opinions they'd been expressing for years and which already had earned them enmity within the confines of the majority-white fire department. Set against the 9/11 tragedy, the firefighters' critical view of U.S. society (and their continued willingness to articulate it) was an unforgivable sin to many. So when one of them did remove a flag from a truck, the act was blown up to blasphemous proportions. In local and national e-mails and telephone messages, the fire rescue veterans -- now known as "the Opa-locka Three" -- were excoriated as traitors, terrorist sympathizers, subhuman, and worse; dozens of their peers made it known they'd never again work with such "scumbags," as one lieutenant's e-mail put it.
The three, hastily put on administrative leave after they became notorious for acts they didn't commit, were directed to return to work in late October 2001. Fire department investigators had concluded William Clark, James Moore, and Terry Williams had not broken any law or disobeyed any order. Now the media was reporting the three had been "cleared." And for most observers, that was the welcome end of an ugly little flareup in the uneasy, messy history of race relations in Miami-Dade.
But the firefighters were not cleared, and as much as county officials would like to have done with it, the matter is far from closed. The fire chief at the time, David Paulison (since moved to Washington as U.S. Fire Administrator), ordered disciplinary action against Clark and Moore, not because they violated the law but because they offended and distressed many of their fellow firefighters by expressing unpopular views during a time of crisis. In other words the two were punished for exercising their First Amendment rights to freedom of speech.
Meanwhile no official judgment has ever been passed on the dozens of fire department employees who fed lies to the public and threatened and defamed Clark, Moore, and Williams. The department's public information officer at the time, Louie Fernandez, was put in the position of having to "confirm" false information and innuendo for use in broadcast and print reports. "I prefaced everything I said with 'According to what we understand,'" Fernandez points out. "Channel 7 tells me they have information the firefighters refused to get on the truck. I call my chiefs over at that division and ask them, and they say [the firefighters] refused to get on the truck. We have to go with what we have at the time." Fernandez was promoted last fall, in the middle of the contretemps, from lieutenant to captain.
But fire officials, despite announcing a "zero tolerance" policy regarding retaliation against Clark, Moore, and Williams, have never acknowledged the department made any errors in its treatment of the three. They are still regarded as the true offenders in an incident that never happened, and remain virtual outcasts to most of their peers. In a profession in which one's life can lie in the hands of a co-worker, the three men have lost their bearings. Neither Moore nor Williams has returned to work since going on leave in September; Clark is back on the job, working fewer hours than he used to and wary of animosity that can erupt unexpectedly. All three grow more determined with time to restore their names and resolve their professional dilemmas. But that will require help from their employer, and after nearly eight months no help is on the way.
Clark, Moore, and Williams thus have hired a labor attorney and were scheduled to meet with county representatives on Tuesday, May 14. Prominent civil-rights activist and attorney H.T. Smith, at the request of the fire department, was to mediate the session. (Smith didn't return a call seeking comment.) Both sides have agreed not to say anything publicly about the content of the talks. Several obstacles to a resolution clearly exist, though, the central one being the fire department's position that the firefighters acted wrongly, and its refusal to acknowledge any improper behavior by any department officials or employees.
The firefighters' attorney, David Nevel of Miami, accuses the department of "ongoing harassment and retaliation" against his clients, and presents what he calls "smoking gun evidence": a county "record of counseling" memo to Clark expressing concern with "your lack of judgment in deciding to make controversial and offensive statements to your fellow firefighters and the media about the American flag in the wake of the September 11 Twin Towers tragedy."