Tyra v. City of Houston

This case is known in some quarters as the “fat firemen” case. The primary issue is whether state law prohibits the City of Houston from testing its fire fighters’ capabilities to fight fires and then disciplining those who fail.1 The majority holds that the City may test the fire fighters’ skills but may not sanction the individuals who flunk the performance test. The court attributes this absurd result to the legislature’s statutorily expressed will. In my opinion, the majority’s view is not supported by logic, precedent, the applicable statute, or any legislative history. Thus, I dissent.

Th…