JACKSONVILLE, Fla. — Clay County School Board member Robert Alvero filed a federal lawsuit Tuesday against the city of Jacksonville. He alleges the Jacksonville Fire and Rescue Department violated his First Amendment rights by reprimanding him over a Facebook video he posted while off duty.
Alvero, who is also a JFRD firefighter, filed suit in the U.S. District Court for the Middle District of Florida, claiming First Amendment retaliation. The complaint says he spoke as a private citizen on his personal account, not on JFRD’s behalf, and while off-duty.
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Last December, Alvero faced calls to resign after posting the video, since deleted, in which he said 80% of his experiences with Black people were negative and called them “rude,” “nasty” and “problematic.” He also endorsed philosophies espoused by White Nationalist Nick Fuentes, and openly admitted to being racist against people sharing his own Cuban heritage.
Florida’s education commissioner ordered him to appear before the State Board of Education, and JFRD reassigned him to administrative duties during its investigation.
The complaint says JFRD issued a Level 1 written reprimand, ordered race-related Title VII training, placed the discipline in his record and warned that further conduct could lead to dismissal. It says he was charged under the city’s personal conduct, discrimination and harassment, and social media policies.
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The Civil Service Board denied Alvero’s grievance Sept. 16, after a Sept. 10 hearing. Its order found the video was not speech on a matter of public concern. It also found that, even if the speech were protected, JFRD’s interests outweighed it.
According to the order, Fire Chief Percy Golden and Chief Dallas Cooke testified they were personally offended, and Golden said the remarks could harm cohesion among firefighters who work 24-hour shifts together.
The lawsuit says the city identified no delayed emergency response, no refusal to work with Alvero and no decline in his job performance. It claims the city instead relied on offense, employee concern and predictions about morale.
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Alvero is asking the court to declare the discipline unconstitutional, order the reprimand removed from his records and bar the city from using it in future discipline. He is also seeking compensatory and nominal damages and attorneys’ fees.
Alvero’s attorney is Anthony Sabatini.
Action News Jax reached out to the Jacksonville Fire and Rescue Department for a statement. A spokesperson for the agency told us they are unable to comment on pending litigation.
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