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'This is not right'

Daily Press - 2/26/2018

Feb. 26--BARSTOW -- A military veteran and now self-described activist took the city to task for its handling of a workplace harassment lawsuit against a former top official.

The activist, who wished to be simply named as Isaac J, made strong statements against the city -- in particular, City Manager Curt Mitchell -- for their alleged handling of the workplace harassment investigation and lawsuit filed against Gaither Loewenstein, the city's former economic development and planning manager, who retired last spring.

"Instead of your team doing what is right, all of you have decided to sweep it under the rug," Isaac said. "All of you have failed as leaders to own your poor decisions and your failures on your team."

Loewenstein's retirement last year followed an investigation into workplace harassment and a lawsuit filed last spring accusing him of regularly making graphic and offensive statements. He was put on administrative leave last January and was absent for months, with the city declining to comment on the issue as the probe continued.

The city finally responded when two employees filed the suit, accusing Loewenstein of creating a hostile work environment -- but simply stated Loewenstein retired.

The suit alleges Loewenstein made comments that were often sexual in nature and included "drug activities, gender issues, sexist comments and inappropriate personal references to city employees."

Loewenstein's ties to Mitchell -- also named as a defendant -- also were scrutinized, with the lawsuit suggesting Mitchell shielded Loewenstein from reprimand.

Isaac compared Barstow to the city of Adelanto, also facing sexual harassment claims made against City Manager Gabriel Elliott and Mayor Rich Kerr.

"Adelanto had their people own their responsibility of their failures and the leadership there has owned their actions, and they've handled it well," Isaac said. "But [Mr. Mitchell] allowed somebody to come on board who created a toxic work environment. And each of you, in your inaction, put your name on the line and signed off on Mr. Loewenstein's actions."

Reached by phone on Friday, Isaac said he was a "very vocal grassroots activist" and a military veteran who spent a decade deployed overseas and working with the Pentagon. He cites his former career for giving him a different perspective on the issue, tying it directly to the nationwide Me Too movement.

"I've given my life and soul to America -- and this is not what I fought for," Isaac said. "Barstow had people stand up for themselves and the city instead shamed them. They dug in their trenches and are going to war with their own people."

Court records show the city, Mitchell and Loewenstein have denied the lawsuit's claims of seeking damages for retaliation for whistle-blowing, age and gender discrimination, hostile work environment harassment, failure to prevent discrimination and sexual orientation discrimination.

"Defendants pray for judgment ... that the court dismiss the complaint with prejudice and that plaintiffs receive nothing by reason thereof," reads the answer filed by the defendants against the lawsuit, filed in June 2017.

The case is expected to go to trial in September, according to court records. In the meantime, Isaac said he's prepared to keep fighting.

"They're trying to sweep it under the rug, and it's not right," Isaac said. "I'll show up at every [City Council meeting] for the rest of my life if I have to."

The next City Council meeting is scheduled for March 5 at 7 p.m. Visit www.barstowca.org for more information and to watch archived meetings.

Paola Baker may be reached at 760-955-5332 or PBaker@VVDailyPress.com. Follow her on Twitter at @DP_PaolaBaker.

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