Firefighter files lawsuit alleging rampant racism within Rochester Fire Department

A Black Rochester firefighter who last year made national news after allegations that he'd been taken by a superior to a racist-themed party alleges in a lawsuit a pervasive history of racial discrimination within the department.

In his federal lawsuit, Jerrod Jones contends that he has faced racist practices and bigoted comments from colleagues since he joined the department in 2007. The lawsuit claims that Jones has faced a hostile workplace because of the department's unwillingness to tackle deeply entrenched racism.

The city and its fire department have "discriminated against, harassed, and subjected (Jones) to a hostile work environment and disparate treatment because of his race," the lawsuit alleges.

"He worked really hard to try to find some way to change this, to settle this," said Jones' attorney, Nathan McMurray.

Jones also alleges that residents in lower-income neighborhoods were sometimes treated differently with firefighting response. For instance, the lawsuit alleges that it "was a practice to put a ventilation hole in a roof in less than dangerous situations in Black neighborhood to 'prepare' for more dangerous situation later in White neighborhoods." The alleged practice was called "getting in reps," the lawsuit states.

City officials declined to comment, saying they do not comment on pending litigation.

In the lawsuit, Jones alleges that he first witnessed and faced discrimination when he joined the department, in training and in working with a firefighter who often made racist remarks. Jones alleges that he spoke out but was told the white firefighter and others like him were "old school" and that there was no use in challenging them.

He alleges that he was once ordered to use the "jaws of life" to destroy an operable car of a Black woman involved in a minor "fender bender." He challenged the order and was able to salvage the car, which the woman needed for work, according to the lawsuit.

Already, there has been some pushback on allegations within the lawsuit.

The lawsuit alleges that Jones saw Scott Peters, who is now Irondequoit police chief, at the controversial party held last year at the city home of Nicholas and Mary Znidarsic-Nicosia. Earlier this year, Peters sued McMurray, alleging that McMurray had spread the allegations in a bid to stymie Peters' appointment as police chief.

In the lawsuit, Peters maintained that he was not at the party and does not know the Nicosias. McMurray in a counter-claim alleges that Peters is attempting to "silence a critic who has made assertions in the courseof public debate and in line with the obligation of an attorney to come forward, without fear, to address governmental improprieties."

Also, Jones' lawsuit says that local conservative radio personality Bob Lonsberry has been treated to regular lunches at department stations and is treated like a "VIP" and "honored guest." Several Black firefighters have complained, the lawsuit alleges.

In a column last week, Lonsberry said in his 35 years in local news and radio he has twice eaten at city firehouses, once a lunch at the invitation of a senior officer and another time a dinner at the invitation of a firefighter friend who showed Lonsberry's young son the station.

The party at the Nicosias is also central to the lawsuit.

"I think the party was the straw that broke the camel's back (for Jones)," McMurray said. "He thought, 'I can't do this unless there is change. How am I going to work here?' "

The party was built around racist tropes, with Hennessy cognac and food from Kentucky Fried Chicken for guests. There were Juneteenth celebration markers.

In a later news conference, the Nicosias denied that the party was meant to be racist, but was instead political; some local Democratic political figures were mocked there. At the same news conference, Znidarsic-Nicosia admitted to racist Tweets from a Twitter account that did not use her name. She said the bigoted Tweets were part of "the culture of Twitter."

As well as the city and its fire department, Jones also sued former Rochester Fire Department Capt. Jeffery Krywy, who took Jones and other firefighters to the Nicosia party on a firetruck while on duty.

Last year, after Jones and McMurray first made allegations about Krywy and the Nicosia party, the city began termination proceedings against Krywy. He retired from the job.

In the lawsuit Jones seeks $5 million in emotional and compensatory damages. He is now on leave.

This article originally appeared on Rochester Democrat and Chronicle: Firefighter files lawsuit alleging racism in Rochester Fire Department