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"I am tempted to recall Justice Souter's comments from argument that the city was damned if they did and damned if they didn't," said New Haven Mayor John DeStefano.

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"I'm waiting to get something in the mail, like the last time I was given a a racist poem," said Tinney. "Those things are going to continue in my career."

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Racial backlash to ensue after verdict?

Updated: Monday, 29 Jun 2009, 9:51 PM EDT
Published : Monday, 29 Jun 2009, 9:46 PM EDT

New Haven (WTNH) - The NAACP supported the city of New Haven's position on the firefighter exam. Now they, along with others, are considering their options as many wonder if the department will remain divided.

After 40-years of losing lawsuits, New Haven was unwilling to certify an exam that did not promote any minority firefighters.

"The city was sued in 1970's and faced a lawsuit by African-American firefighters and lost; the city was sued in the 1980's and had a lawsuit from African-American firefighters and lost; they had suit in the 1990's," said City Attorney Victor Bolden.

They got sued anyway by white firefighters who passed the exam and then saw it thrown out. Today's Supreme Court decision reversed that putting the city, yet again, in a potential legally liable position. As of 2003, there was just one African-American captain in the New Haven Fire Department out of 21 positions. That's a statistical disparity that, in the past, was covered under Title VII as unintentional discrimination.

"I am tempted to recall Justice Souter's comments from argument that the city was damned if they did and damned if they didn't," said New Haven Mayor John DeStefano.

The NAACP spent the day consulting with their legal defense fund. They say they are considering their options and a representative for African-American firefighters say there may be a racial backlash as well.

"But as far as incidents in the firehouses, you can look at several incidents right now with noose hangings, harassment, myself, I know I'm going to undergo several incidents, I'm waiting to get something in the mail, like the last time I was given a a racist poem," said Gary Tinney of New Haven Firebird Society. "Those things are going to continue in my career."

Most really want to put all this behind them. But the minority firefighters tell News Channel 8 they believe there does need to be more minorities in positions of authority. There is no word yet on what action they may take.

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