Chino Valley Fire District Chief Tim Shackelford is doing a slow burn.
Shackelford received emails Thursday, Dec. 14, criticizing his department for getting involved in politics after a faux public-service announcement displaying the fire district logo aired, showing how discontented supporters of President Donald Trump could safely burn their “Make America Great Again” hats.
The announcement was a skit Wednesday on the late-night talk show “Jimmy Kimmel Live!” in which someone who looks nothing like Shackelford introduced himself as “Fire Chief Bob Cooper” and a graphic identified him as being with the Chino Valley Fire District.
The skit — which showed the do’s and don’ts of how Trump supporters could safely burn their hats — included an actor frying a fake squirrel over a burning pile of hats and advice that supporters not burn their hat while they were still wearing it.
The fire district logo was used without permission, Shackelford said in an interview Thursday. What’s more, he said, the skit showed the fire district in a negative light.
“We are not a political organization,” Shackelford said. “Our mission is to protect lives and property and I am troubled by the video because it does not portray us in a positive, professional manor.”
Shackelford said he planned to talk with the district’s legal counsel on how to proceed.
‘Important safety announcement’
Kimmel, in introducing the skit, said Trump’s low approval rating showed that he had disappointed some of his supporters.
“For those of you who are looking to express that disappointment as the year comes to an end, we encourage you to do it safely. Please pay attention to this important safety announcement,” he said.
As the skit began, an actor stood in front of a fire engine in a fire station, neither belonging to the Chino Valley Fire District, Shackelford said. A graphic on the screen showed the district logo and the words “A Message from the Chino Fire Department” and “Bob Cooper Chino Valley Fire Chief.”
“If they think that was really the fire chief or fire equipment paid for through their tax dollars, I can understand why they would be upset about it,” Shackelford said.
The district had not yet reached out to the show Thursday morning, the chief said.
Phone and email messages left Thursday for ABC, which airs the Kimmel show, were not returned.
The district has about 140 employees, including 105 involved in fire suppression and serves Chino, Chino Hills and some unincorporated areas.
Uncertain legal ground
It’s unclear under highly nuanced law whether Kimmel needed permission to show the fire district logo, an expert on copyrights and trademarks said.
“Normally, if this were a private corporation whose mark was used somewhat like this, it’s conceivable there might be some kind of trademark infringement claim, false advertising, false statement of fact that is likely to cause confusion,” said Jay Dougherty, professor of law and director of the Entertainment and Media Law Institute at Loyola Law School in Los Angeles.
But the fire district logo belongs to a publicly funded agency.
If the district wanted to sue, Dougherty said, “Even if it was a private corporation, there would be some pretty strong defenses. This was clearly a comedic sketch.”
Such satire or parody has some constitutional protections, Dougherty said.
His advice? Dougherty quoted Judge Alex Kozinski, who ruled that Aqua’s song “Barbie Girl” was protected parody in toymaker Mattel’s lawsuit against MCA Records. MCA had countersued Mattel for defamation.
“The parties are advised to chill,” Kozinski said.
Run-in with Jon Stewart
This is not the first time that an Inland public-safety agency has had a dust-up with a TV show.
In December 2014, comedian Jon Stewart, host of Comedy Central’s “The Daily Show with Jon Stewart,” mistakenly included the death of Dante Parker, 36, in Victorville as being among the controversial gunshot slayings of black men at the hands of white police officers nationwide.
Parker was shocked with a Taser 27 times by San Bernardino County sheriff’s deputies on Aug. 12, 2014, before he died. The Riverside County Coroner’s Office ruled that Parker died from heavy PCP use and heart failure.
San Bernardino County District Attorney Mike Ramos responded to Stewart with a video he posted on YouTube in which he criticized Stewart for the mistake and wondered why there were no protests about attacks on police. Ramos said Parker was shocked because he was winning a struggle with a deputy who was “fighting for her life.” Stewart later apologized on the air.