Controversy Erupts Over Earnhardt Photos

Controversy Erupts Over Earnhardt Autopsy Photos

In response to newspaper's request, Florida legislature may change law

Tallahassee, Florida, March 9, 2001 -- The Florida legislature has become involved in the issue of NASCAR auto racer Dale Earnhardt's autopsy photos. Responding to thousands of auto racing fans' requests to prevent the release of the photographs to the media and public, the Legislature is considering limiting the state's open-records laws.

Currently, autopsy photos are public record under Florida law, as long as they are not part of a pending criminal investigation. The bill unveiled on March 7 would prevent news organizations and others from obtaining access to medical examiners' autopsy photos unless they are granted permission from a judge. Publishing such photographs without consent would be a felony.

The issue has reached the legislature after Dale Earnhardt's widow, Teresa Earnhardt, and The Orlando Sentinel have gone to court over the release of the autopsy photos. Earnhardt sued Volusia County on February 22, seeking to stop the release of the medical examiner's autopsy photos. Circuit Judge Joseph G. Will granted her request, saying the photos have no "bona fide newsworthiness" and could cause the family "additional anguish and grief."

However, on February 23, an Orlando Sentinel reporter submitted a public records request asking for the autopsy photos of the races. The Sentinel said it has no plans to ever publish or copy the photographs but wants an independent examiner to review them because of conflicting reports about the cause of Earnhardt's death. "What we're trying to do is look at NASCAR's safety," Orlando Sentinel Editor Tim Franklin said.

The attorneys for both sides are discussing an agreement that would allow the public to view, but not copy, the autopsy photos of the driver. Earnhardt still wants the records sealed, but this agreement would prevent the photos from reaching the Internet and anyone wanting copies would have to ask Circuit Judge Will in a court hearing.

Whether the Legislature will pass its bill in time to prevent the release of Dale Earnhardt's autopsy photos remains to be seen. Florida Governor Jeb Bush has said he would sign a bill limiting access to autopsy photographs.

Charlene E. M. Wilson