Judge Rejects Brookline Plea To Delay Reinstating Firefighter Gerald Alston

A state judge has rejected Brookline's plea to delay a Civil Service Commission order that the town reinstate firefighter Gerald Alston. Alston, who is black, was fired in 2016 after a years-long battle with the town over his allegations of racial discrimination and retaliation at the fire department.

The commission ruled in February that Brookline officials had failed to respond to racially charged incidents at the fire department beginning in 2010 when Alston's supervisor used the N-word on a message accidentally left on Alston's voicemail. Over several years, Alton's relationship with the department became increasingly acrimonious, and the town ultimately declared him unfit to serve. But the commission concluded his struggles were caused by Brookline's inaction.

The commission directed the town to reinstate Alston, but Brookline asked Superior Court Judge Douglas Wilkins to suspend that order while the town appeals the case.

Read more: Brookline Fights To Avoid Paying Firefighter Whose Racial Discrimination Claim Was Upheld

Brookline's attorney, Douglas Louison, had argued that it would not make sense to put Alston back on the payroll, only to remove him again and try to get the money back when the town wins its appeal.

On Monday Wilkins rejected that argument, saying Brookline's appeal of the commission ruling is unlikely to succeed. The commission "has carefully and extensively reviewed the record," and the town "is not likely to meet its heavy burden" of showing that the commission's ruling was not supported by "substantial evidence."

Wilkins wrote in his decision that he expects the town to put Alston back on the payroll, unless town officials choose to appeal that ruling as well. Alston told WGBH News last week that he was unsure whether he would ever go back to work at the fire department.

"At this point, I don't know," he said. "It's something to think about. I enjoyed being a firefighter. I loved it."

Louison and Select Board chairman Neil Wishinsky did not reply to emails requesting comment Monday evening.