Posts Tagged ‘florida’

Photograph: Thomas Barwick/Getty Images

Case Information:  Wollschlaeger v. Florida, No. 12-14009-FF (11^th Cir. Filed Nov. 5, 2012)

At Issue:  Challenging Florida’s “gag rule” on doctors that violates patients’ First Amendment right to receive lifesaving information on firearm safety.  This lawsuit challenges a Florida statute that denies doctors their right to discuss questions of firearm safety with their patients, and also denies patients their right to information and advice on firearm safety.  Plaintiffs argue the law violates the First Amendment.

Law Center’s Brief:  Our brief, filed in support of doctors and other medical professionals challenging the Florida statute, argues that the law should be struck down as a violation of medical patients’ First Amendment right to receive information from their doctors on firearm safety.

Download a PDF of the Wollschlaeger_v._Florida_Amicus_Brief.

Florida is known for having some of the most extreme gun laws in the country. Remember, for example, its so-called “stand your ground” (or “shoot first”) law that received national attention in the aftermath of the tragic Trayvon Martin shooting? Florida also enacted one of America’s first “shall issue” laws, requiring law enforcement to issue concealed weapons permits to almost anyone who wants to carry a loaded, hidden handgun in public.

Florida outdid itself in 2011, however, when it became the first state in the nation to prohibit doctors from asking their patients about gun ownership. A group of Florida doctors and physician groups soon filed a lawsuit, arguing that the outrageous law interfered with their free speech rights under the First Amendment, as well as their ability to care for their patients by warning them about the dangers of firearm ownership. The district court agreed, finding that “[t]he law chills practitioners’ speech in a way that impairs the provision of medical care and may ultimately harm the patient.” The court’s order prohibited the state from enforcing the law.

The American Bar Association has also spoken out against “medical gag laws.” At its annual meeting last month, the ABA adopted a resolution expressing strong opposition to such laws. The accompanying report stated that:

For medical practitioners to meet their preventive care and safety counseling responsibilities, they must be able to discuss a broad range of topics with their patients related to known risk factors. This unfettered access allows doctors to adequately assess and address these factors with their patients. Risk factors that may be discussed vary depending on the age of the patient, but for adults often include alcohol consumption, illicit drug use, smoking, diet, and exercise; pediatricians often discuss wearing seat belts and bicycle helmets, the potential dangers of backyard swimming pools, and the need to securely store household cleaners and toxins. Firearms in the home are another known risk factor that doctors may choose to discuss with their patients or the parents of young patients.

We couldn’t agree more. We are proud to join with America’s preeminent legal organization, which has nearly 400,000 members, in taking a stand on this important topic. The Law Center will be filing an amicus (friend of the court) brief in the appellate court in support of the doctors fighting for their rights to care for their patients in Florida. Our brief will focus on the significant health risks presented by guns in the home and will be joined by public health groups, including the American Academy of Suicidology.

Trayvon Martin Tragedy Reverberates in Nevada
Paul Takahashi, Las Vegas Sun, April 11, 2012

In the aftermath of the Trayvon Martin shooting tragedy in Florida, many states rethink their own “shoot first” laws, and communities struggle with the racial and public safety implications of such laws and their consequences.  This article chronicles a forum held at the University of Nevada-Las Vegas that attempts to make sense of the shooting – and the state’s “shoot first” law.

Companies Pressured Over Ties to ‘Stand Your Ground’ Group
James O’Toole, CNN Money, April 10, 2012

Following the Trayvon Martin shooting, advocates against Florida’s broad – and controversial – “shoot first” law put pressure on companies to cut ties with the American Legislative Exchange Council, a conservative group that actively promoted Florida’s “shoot first” law to state legislatures across the country.

Trayvon Martin Case Has Some Looking at Nevada’s New Self-defense Law
Karoun Demirjian, Las Vegas Sun, April 1, 2012

This article looks at Nevada’s recently-adopted “shoot first” self-defense law, in light of the recent Trayvon Martin shooting in Florida.  Florida has one of the broadest – and most dangerous – “shoot first” law in the nation, and the Nevada statute is similar in scope.

Trayvon Killing Stalls Stand Your Ground Laws
Amanda J. Crawford, Bloomberg News, March 30, 2012

This story examines the impact of the Trayvon Martin shooting in Florida on “shoot first” legislation in other states. The shooting death and resulting confusion around Florida law has stalled, at least temporarily, the adoption of similar laws across the country.

Arkansas Law on Deadly Force Stricter Than Florida’s
John Lyon, Arkansas News, Mar. 25, 2012

This piece discusses Arkansas’ “shoot first” provisions and compares them with Florida’s “shoot first” statute, in the wake of the Trayvon Martin shooting in Florida.

‘Stand Your Ground’ Laws Deserve Careful Assessment
Mary Sanchez, The Kansas City Star, Mar. 25, 2012

Commentary from the Kansas City Star suggesting that “shoot first” statutes cause dangerous results and should be reexamined following the Trayvon Martin shooting in Florida.

Trayvon Martin Case Sheds Light On ‘Stand Your Ground’ Issues
Tina Susman & Molly Hennessy-Fiske, Los Angeles Times, Mar. 25, 2012

An L.A. Times blog piece that discusses generally Florida’s “shoot first” law.

Florida Killing Raises Questions About ‘Stand Your Ground’ Laws
Tina Susman & Molly Hennessy-Fiske, Los Angeles Times, Mar. 25, 2012

The Los Angeles Times discusses the state of “shoot first” laws in the wake of Trayvon Martin, noting that even defenders of such laws are considering revising their statutes to avoid a repeat of the arrest and prosecution issues concerning Mr. Martin’s shooter, George Zimmerman.