Dale Earnhardt Law to be reintroduced
As the 2019 legislative session approaches hundreds of proposed laws will be suggested, considered, dismissed and yes, even passed. And while there are many important proposed laws, none speak more strongly to me as respecting basic human dignity as the proposed prohibition of the release of autopsy and accident scene pictures. In fact, I find it a sad testament to us as a society that this would even require a law prohibiting such things. Here is the basic reality of the current situation in Florida: regardless of your right to privacy, after death, pictures of you are potentially public record. It is hard to imagine a more demeaning and soul shattering thing for your family to have to endure only for the morbid curiosity of others. In my 25 years in this business, seldom have I seen death come in a manner that any of us would want to glorify. Frankly, the reality is that we are at our most vulnerable during this time. In 2001, Governor Jeb Bush signed a law preventing this very thing. You might know it as the Dale Earnhardt Law. At the time multiple news agencies wanted to have the autopsy pictures of Dale Earnhardt. The family fought to keep those private and ultimately prevailed. Contrary to the hue and cry from proponents, liberty did not collapse, and free speech was not encroached on. The genius of the law was that it allowed for anyone that wanted to view the pictures to make that reason known to a judge and if there was a legitimate need or concern access would be granted. The problem is that the law came with an expiration date.
Many people believe that this issue doesn’t apply to them; they couldn’t be more wrong. The world has changed significantly since 2001. The use of cell phone cameras is ubiquitous. Recently, people stood by and filmed the death of a rapper in Miami and placed it on Instagram. Nice way for a family to learn of his death? Another family of an Orlando teen had to endure a website posting pictures of their daughter’s death, next to a picture of her in a prom dress. The accompanying text is too vile to repeat. That young woman was not famous. She was an ordinary girl whose suffering was displayed for nothing more than the amusement of others.
The argument for the release of these pictures is that it is in the public’s right to know and that it is an infringement on the press. If there were no mechanism for the press to have access, I might agree. However, the family’s right to human dignity must balance against whatever perceived public right there may be. The court upheld the Earnhardt Law as constitutional and so as a matter of jurisprudence, it was settled. Now the legislature must consider reviving the law. During the 2019 session, I invite you to consider that which provides the most good to our society when choosing which side to support. Many of us don’t consider the implications of such legislation, until it’s too late. I personally will be meeting with House and Senate leadership over the next few weeks to advocate my support and fight for the dignity, privacy and respect of our loved ones.
Author: SWal Life
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