Arguing that the city of San Diego is legally culpable for Mayor Bob Filner‘s behavior because they did not provide him with the required sexual harassment training, Filner’s attorney challenged the Southern California city to defend his client against the charges.
“Many—if not most—people do not know what is and what is not illegal sexual harassment under California law,” argued Harvey Berger, Filner’s attorney, in a latter to San Diego City Attorney Jan Goldsmith.
“While, to paraphrase Bob Dylan, ‘you don’t need a weatherman to tell you which way the wind blows,’ and an adult male should not need sexual harassment training, I would point out that in his decades of public service for the people of San Diego as a U.S. representative, Mayor Filner never received sexual harassment training,” Berger wrote, adding that had this training occurred, the lawsuit against Filner might never have been filed.
Acknowledging that “this is not an excuse for any inappropriate behavior that may have occurred,” Berger still warned, “If there is any liability at all, the City will almost certainly be liable.”
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