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The African American firefighter suing the city and California OSHA because he believes a state regulation regarding fire masks is discriminatory, is now asking the City Council for support. 

At tonight’s City Council meeting, Harry Vernon, a Berkeley firefighter for 24 years is planning on asking the city to join him in his lawsuit against the California Occupational Health and Safety Administration.  

Vernon, 47, has a skin condition common in many African American males that prohibits him from shaving. An OSHA ruling forbids firefighters from having facial hair because they say it interferes with respirators. 

In October 1999, Vernon was given a desk job after he protested the city’s compliance with the new regulation. 

Although the city attorney’s office is sympathetic to Vernon’s situation, they have said they must comply with state law.  

But Lawrence Murray, Vernon’s attorney, said it’s time to put up or shut up. 

“The [City Attorney] admitted it was  

discriminatory but they said their hands are tied,” he said. “But it’s time to get up there, put on the gloves and say, ‘Let’s go find these bullies and stop this crap.’” 

OSHA officials have said that they are simply complying with federal safety and health laws and that their rule is not discriminatory.  

Although Councilmember Kriss Worthington requested the city look at the OSHA regulation at tonight’s meeting, he emphasized that there will not be a specific discussion of Vernon’s case. Any discussion of a lawsuit must take place in closed session. 

“It’s to take action to strengthen the city’s appeal to Cal OSHA so together as a council we can more aggressively lobby the state to make reasonable accommodations for people of different races, religions and disabilities,” Worthington said. 

Mayor Shirley Dean did not return a call for comment.