Law Sealing Earnhardt Photos Upheld

D A Y T O N A   B E A C H, Fla., June 11 -- A judge today upheld a new Florida law that was crafted to seal autopsy photos of racing legendDale Earnhardt, rejecting arguments that it unfairly preventedaccess to public information.

Circuit Judge Joseph Will said the law was "valid andconstitutional" in upholding the law passed by the FloridaLegislature in March barring access to autopsy photos unless it isapproved by a judge.

"Specifically, the court finds the legislature stated withspecificity the necessity justifying the exemption of publicrecords law," Will said.

Attorneys for the Independent Florida Alligator, a studentnewspaper at the University of Florida, and Websitecity.com, aDeLand-based Web site, wanted Will to toss out the law, which wasadopted shortly after Earnhardt died during the Daytona 500 on Feb.18.

Freedom of Speech and Privacy Collide

The law makes it a felony to release autopsy photos without ajudge's permission. Previously, such photos had been public record.

"In enacting this law, the Legislature quite properly could notsay release of these records would cause the type of harm we'retalking about," Tom Julin, an attorney for the student newspaper,had argued.

Lawyers representing the state and the Earnhardt familycountered the new law was fairly constructed.

"This statute does not deny legitimate access to anybody,"said Florida Solicitor General Tom Warner.

"The [newspaper's and Web site's] argument was a constitutionalshell game," said Parker Thompson, an Earnhardt lawyer.

On Tuesday, the judge will hear testimony aimed at reversing hisorder sealing the Earnhardt's photos issued four days after theracer's Feb. 18 last-lap accident. Earnhardt's widow, Teresa, hadsought the order, saying her family's privacy would be violated ifthe photos were released.

Teresa Earnhardt is expected to testify Tuesday.

Selling Newspapers or a Public Good

In his arguments, Julin said the autopsy photos have beenhelpful to the public by allowing independent investigations ofinsurance claims, malpractice and murders.