-Caveat Lector-
Papers Sue Over Autopsy Photo Law
By Brent Kallestad
Associated Press Writer
Friday, March 30, 2001; 7:35 p.m. EST
TALLAHASSEE, Fla. Two newspapers sued the Broward County
medical examiner Friday, one day after Gov. Jeb Bush signed into
law a measure restricting the release of autopsy photographs.
The case has taken on widespread interest because the push to
keep the photos private was made by the widow of NASCAR racing
great Dale Earnhardt, who died Feb. 18 in a final-lap crash at
the Daytona 500.
Named as defendants in the suit by the Orlando Sentinel and the
Sun-Sentinel of South Florida are Joshua A. Perper, chief medical
examiner for the county, and Michael J. Satz, state attorney in
Broward County.
The Orlando Sentinel had wanted a medical expert to review the
photos to see if it could be determined what might have caused
the driver's death, but the bid was headed off by Earnhardt's
widow, Teresa.
Sun-Sentinel attorney David Bralow said the lawsuit was filed in
Fort Lauderdale because the newspaper is located there and the
plaintiffs were looking for a court that wasn't "surrounded by
the emotions" of the Earnhardt case.
The suit alleges the law violates the First Amendment of the U.S.
Constitution as well as the open government provision of the
Florida Constitution.
"The law tramples free speech guarantees, the equal protection
doctrine, due process and Florida's constitutional right of
access to public records," the suit said.
Attorneys for the Earnhardt family said the newspapers were going
against the will of their readers and the people of the state.
"The new law clearly balances the media's request for information
with an individual's right to privacy," said attorneys Skip
Eubanks and Jon Mills. "We are comfortable that it will withstand
any constitutional attack."
Barbara Petersen, executive director of the First Amendment
Foundation in Tallahassee, said the lawsuit did not come as a
surprise.
"The sponsors of this legislation knew it would be challenged.
The bill is clearly unconstitutional," she said.
Bush signed the bill Thursday, only a few hours after it was
passed unanimously in the Senate. It would be a third-degree
felony to improperly release the records with a maximum sentence
of five years in jail and a $5,000 fine.
"This bill accomplishes the delicate balance between the public's
right to know and a family's right to privacy," Bush said at the
signing ceremony attended by Mrs. Earnhardt, who had asked
lawmakers to go ahead with the legislation that would prevent the
Sentinel from receiving the autopsy photos.
With Senate Majority Leader Jim King leading the way, it took
just three weeks for the legislation to sail through both
chambers and reach the governor's desk.
"Simply put, the Legislature has passed a totally defective law,"
the suit charged, adding "the bill was rushed through ... without
due regard for the important federal and state constitutional
issues it raises."
© Copyright 2001 The Associated Press
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