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January 7, 2010 in City
Protesters press lawyer to drop officer’s lawsuit
Group says city shouldn’t be forced to defend firing
From right, Justin Lancaster, Eric Stapleton and Rosemary Blanks hold signs Wednesday to protest the lawsuit by fired Spokane police Officer Bradley Thoma at the corner of Post Street and Riverside Avenue near the office of Thoma’s attorney, Robert Dunn.
(Full-size photo)
Protesters gathered at Post Street and Riverside Avenue on Wednesday to decry the possibility that Spokane police Sgt. Bradley N. Thoma could be considered a victim of discrimination when he was fired last month after a drunken, off-duty crash.
Rosemary Blanks carried a sign that read: “Cops should have consequences, too.”
Thoma lost his $91,000-a-year job when he couldn’t reach agreement with the city on how to continue working in the face of anti-alcohol constraints imposed on him under a deferred prosecution for a September drunken driving case.
Two days after his Dec. 21 firing, Thoma, through his attorney Robert Dunn, filed a $4 million claim against the city that contends Thoma was wrongfully terminated. In addition, Thoma is pursuing a separate departmental grievance through the Police Guild, which demands he be reinstated with back pay.
The small group of protesters, who demonstrated outside Dunn’s office, had a simple message.
“We’d like the attorney to drop the lawsuit,” said organizer Brad Wiedrich. “Why should the city have to spend tax dollars to defend this lawsuit?”
Tom Weckesser said he joined the protest because his brother lost a leg due to a drunken driver. If officers are paid to uphold the law, he said, “They should have to live by the law.”
Protesters objected to an earlier statement by Dunn comparing alcoholism with cancer, but Dunn said in an interview that he stands by his statement.
“He doesn’t want to be an alcoholic any more than someone with cancer wants to have cancer,” said Dunn.
State and federal law recognize alcoholism as a disease requiring employers to accommodate treatment and recovery, he said.
The city has until March to respond to Thoma’s claim. If it refuses to pay, Thoma can then file suit against the city.
Wiedrich said he isn’t arguing about alcoholism as a disease. “I’m arguing it was his choice to get inside his vehicle.”
Thoma, who joined the department in 1989, was arrested Sept. 23 for driving under the influence and hit and run after leaving the scene of an accident at U.S. Highway 2 and Farwell Road. Thoma was off duty at the time and his pickup struck the rear of another pickup, whose driver followed Thoma to a supermarket where he was arrested.
Thoma had a blood-alcohol level of 0.17 percent following his arrest. State law presumes intoxication at 0.08 percent.
The deferred prosecution allows Thoma to undertake an alcohol treatment regimen in exchange for the charge being dismissed after five years of probation.
The hit-and-run misdemeanor was dismissed after Thoma paid to repair the other driver’s vehicle.
As part of the deferred prosecution, Thoma was issued an ignition interlock driver’s license that requires him to drive personal vehicles with a device that measures a driver’s breath for signs of alcohol before turning on the engine. Police Chief Anne Kirkpatrick argued that the city could not place the device on police vehicles, partly because it would be impractical, and because of that, Thoma couldn’t perform his duties.
She also declined to sign a waiver available to employers that would allow Thoma to drive a city vehicle without the interlock device.
“If you are not authorized to drive a personal vehicle without such device, I am hard pressed to see how you could ever be authorized to drive an emergency vehicle without one,” Kirkpatrick said in a letter on Dec. 30.
Kirkpatrick offered Thoma a layoff from his job as a commissioned officer but provided the opportunity for him to qualify for another noncommissioned Civil Service job within the city during the period of his deferred prosecution.
He could have returned as a detective after the ignition interlock condition was removed after two years of treatment, Dunn said.
The deal offered by the chief was no guarantee of employment and was a change in the department’s handling of previous DUI cases, Dunn said. “They could have found an office job for him,” he said.
Thoma is the first officer to face department sanctions under a change in state law in 2009 requiring the ignition devices, he said.
Other departments provide officers continued work under such circumstances, he said, and there is wide recognition that alcohol problems in the ranks stem in part from high job stress.
Returning farmland to a state of nature 
Censored on January 07 at 1:28 a.m.
He would also need trainning wheels and a “Cup Holder” if he is on a bike. A sipper just doesnt work with his beverage of choice. Nice to see his criminal acts were tossed out due to fancy lawyering. The duped the victim into signing a waiver. But there are still several hundreds of thousands of victims in this, all of the tax payers.
He is a admitted Drunk, props to him for admitting it even if it is only for the face of filing suit. Now we have proof that the SPD is not only abusing the public but acting out as if they are above the law and the people whom they are to serve and protect.
There are many very good officers out there in this town. But the sad thing is they fall into the Good ‘ol boy trade and get lost.
Please all officers that still have pride in their badge and their positions in the community, please stand up to these bad apples that ruin the barrel. Take out your own trash before you approach the general public.
We respect those that respect their badge and thos whom they serve.
I personally have issues with Captains making statements such as one in the tri-cities durring graduation. “We are the Shepard, they are the sheep” That mentality needs to go, the drunks need to go and the disabled always get a good pension, Thoma got a great deal no jail time for the hit and run. Our cheif as odd as it sounds has made a very sound choice in dropping this threat to society. To bad he didnt get nailed after this new law gets voted in to be held without bail. A drunk cop with a gun and a vehicle is a Major threat to the public.
Still has the city/county/state considered the charges of attempted child endangerment? As per his own admission he was on his way to pick up his child.
biasedopinion on January 07 at 5:36 a.m.
I am confused as to the protest.
This lawsuit needs to proceed. Regardless of the outcome, a clear message will be sent.
If this lawsuit is dismissed with a summary judgment or a victory for the City then a strong message is sent to employees. A win would affirm the City’s position that a reasonable accommodation was made/ offered and challenges/ suits in the future should be diminished.
However, if the City loses this suit then a clear message is sent to employers as to how they can treat employees who fall under the ADA. A clear message in this direction would potentially protect the City in the future as I am sure they would modify their reaction if this occurred again.
Seems like a win/win to me.
Truthbtold on January 07 at 5:54 a.m.
GEE, wish I would have know about the protest, always up for a good cause.
The officer seems to have an attitude of entitlement, this is very concerning. You have to wonder why?!?
Chief Kirkpatrick did the right things, although I would get a kick out of seeing with his bike and snippy cup. This type of behavior cannot be tolerate, they are public servants, and should not be public threats.
If this would have happened to me, you can bet your bottom that I would have done jail time, and since I am required to drive for my job, I would have lost it…..due to my choices.
It frustrates me greatly when people cannot accept responsibility for their own decisions, what are we teaching our young??
Officer Thoma; accept responsibility for your own actions, get the help you need, and set an example for your children and community. That’s what a real man would do.
I commend you for admitting you need help!!! You could be an inspiration for many, instead of copping out.
Orange on January 07 at 6:33 a.m.
Look at all you throwing stones. Brad Wiedrich the first to throw.
lewis8457 on January 07 at 8:24 a.m.
the cops are above the law two words
Otto Zehm
Megan_B on January 07 at 9:21 a.m.
Orange, it’s one thing to throw stones, and it’s another to protect ourselves and our community. If we translate “judge not, lest you be judged” to mean “let all of the criminals loose and free to do whatever they want without consequence…” well… need I even finish the sentence? The purpose of our system of justice is to serve and protect its citizens. That protection may come in the form of limiting the possibilities that an alcoholic may further harm citizens or their property when choosing to drive.
Thoma has a disease. By order of the purpose of the system, he needs to be cured of it before he is allowed to further danger the people he is assigned to protect. It is quite simple.
Both of my parents were alcoholics when I was growing up, and they drove while heavily intoxicated almost everyday. Because of their disease, they did not see any harm or shame in it. To prevent themselves form feeling guilty (no one likes that), they would “justify” it with excises and comparisons. Luckily, none of us were ever harmed as a result of it. But because I have grown up in such circumstances, I can tell you from experience that Thoma’s only regret is probably that he got caught.
Ed Byrnes on January 07 at 10:10 a.m.
I regret that Mr. Dunn continues with his comparison of alcoholism to cancer and trust that the absurdity and offensiveness of it is clear to everyone. Having directly experienced the discrimination that my mother, a polio survivor, suffered for many decades I consider the ADA to be the result of several hard won battles and am deeply offended by Mr. Thoma’s abuse of it.
I deeply regret that the Police Guild intends to stand by a member who is so clearly in the wrong. I applaud Chief Kirkpatrick for steadfastly restoring standards and accountability to the conduct of SPD officers.
Any substance abuse or dependence disorder requires personal responsibility for one’s own actions and their consequences for a durable recovery. As a 22 year cancer survivor I can attest that although I feared and disliked many components of my treatment so long ago had I not taken responsibility for my own cancer recovery I would not be present and writing to you today as a father, secular and religious educator, and cub scout leader. I pray for Mr. Thoma that he will discover how assuming responsibility will liberate him from his disease.
As the situation is now what appears to be needed is for:
1. We, the citizens of Spokane, to continue to actively demand accountability from Mr. Thoma;
2. We, the citizens of Spokane, to continue to vocally support Chief Kirkpatrick in holding Mr. Thoma accountable for his actions;
3. Our fellow citizens who are members of the SPD to come forward and hold Mr. Thoma accountable for his actions, thereby differentiating themselves from one member who could tarnish the department as being irresponsible and entitled.
I offer my thoughts here hoping to stimulate the healing that is so desperately needed between the SPD members and us citizens of Spokane.
Orange on January 07 at 10:24 a.m.
You go with that Megan. I see how you were raised too. Typical Spokane disfunctional.
Megan_B on January 07 at 10:58 a.m.
*feeling the impact of a stone striking me*
Gosh Orange, your kind words of comfort just warms my heart. We need more people like you to help bring this community together!
And I’m sure my dead mother (died at 36 from alcohol poisoning) would agree with you too!
lewis8457 on January 07 at 1:42 p.m.
there will be no healing until the police can be held accountable.
MaryJ on January 07 at 4:02 p.m.
Nicely put ebyrnes. My sentiments exactly.
D Statler on January 07 at 7:49 p.m.
Stand behind Chief Kirkpatric??? Is this the same Chief that offered to reinstate this hit and runner as a detective??? I think the problems with Spokane Police and County Sheriffs start at the top.There are plenty of good cops out there to make detectives out of.Why would Chief Kirkpatric or anybody in their right mind make this kind of offer/deal with the devil??? I tend to agree that this drunken cop should have been treated like the rest of americans caught for the same offense.Shame on the police guild !!
axe on January 07 at 9:18 p.m.
ebyrnes:
4. We the citizens shall hold all SPD officers in contempt if they dont root out the evil and corrupt in their forces. If they tolerate lying, and lack of integrity of their fellow Officers when dealing with all citizens.
Thoma should have been assigned a bicycle w/license plate that said “:Warning Drunk Driver” Just like they do in Florida and other states. Ryan doesn’t think thats funny nor appropriate.