Florida Law Barring Earnhardt Photos Upheld

Court Upholds New Florida Law, Denying Earnhardt Photo Publication

Victory for driver's widow; appeal likely

Orlando, Florida, June 14, 2001 -- A Florida circuit court judge has upheld a new law, as well as rebuffed a web site owner and independent college newspaper, declaring autopsy photos of Dale Earnhardt, Sr., should remain sealed.

Judge Joseph Will, first ruled that the new law, enacted within days after the Earnhardt accident, which seals all autopsy photos, is in fact, constitutional. His decision thereby rejected views that it unfairly limits public access to government records, according to a report by the Orlando Sentinel. Additionally, Will has ruled that the Florida Alligator, a college newspaper, as well as a web site, also shall not;be granted access to the photos.

Specifically, the new law now denies anyone the right to copy or inspect, autopsy photos. They had previously been open to public viewing. Judges still hold the right to grant permission to a newspaper, for example, the opportunity to view such photos, but only under certain conditions. Copying or inspecting autopsy information is now a third-degree felony, with the possibility of five years in prison, as well as a $ 5,000 fine, according to a related report by the Associated Press.

Earnhardt's widow, Teresa, was able to convince the judge of the gruesome nature of the pictures, as well as the significant degree of harmful impact, releasing them could potentially have on her family. The photos originally became sealed at her request, shortly after Earnhardt's death on the last lap of the Daytona 500.

Judge Will was clearly perturbed by web site owner Michael Uribe's determination to obtain the photos The judge declared that both the newspaper, and Uribe, failed to meet the requirements of the new law. Uribe has previously posted autopsy photos of NASCAR drivers Rodney Orr, and Neil Bonnett, both of whom were killed during practice at Daytona. Florida Governor Jeb Bush, had signed the bill into law.

The case is likely to eventually wind up in the Florida state Supreme Court. Free speech academics, journalists and media organizations would likely appeal the ruling. An attorney who represented press organizations filing friend-of-the-court briefs, stated that the new law erodes Florida's rich history of open records.

Sources:

Orlando Sentinel, June 12, and 14, 2001
Associated Press, 13, June, 2001.

David Burkey