Law Sealing Earnhardt Photos Upheld

A judge upheld a new Florida law on Monday that was crafted to seal autopsy photos of racing legend Dale Earnhardt, rejecting arguments that it unfairly prevented access to public information.

Circuit Judge Joseph Will said the law was “valid and constitutional” in upholding the law passed by the Florida Legislature in March making it a felony to release autopsy photos without a judge’s permission.

Previously, such photos had been public record. “The court finds the legislature stated with specificity the necessity justifying the exemption of public records law,” Will said.

Earnhardt’s widow, Teresa, had no visible reaction when the decision was read, but she did whisper “Thank you” to her attorneys.

Attorneys for the Independent Florida Alligator, a student newspaper at the University of Florida, and https://websitecity.com, a DeLand-based Web site, wanted Will to toss out the law, which was adopted shortly after Earnhardt died during the Daytona 500 on Feb. 18.

“This is a terrible decision upholding this statute, especially for those people who really need these types of records,” said Tom Julin, an attorney for the student newspaper.

Michael Uribe, the Web site’s owner, suggested the judge was influenced by NASCAR’s popularity.

“We’re in the heart of NASCAR, we’re at Daytona International Speedway’s city here, and he’s an elected official,” Uribe said. “And I just don’t see him wanting to jeopardize his standing by ruling inconsistent with what the community wants.”

However, Florida Solicitor General Tom Warner said the ruling validates the Legislature’s actions.

“During the past session, lawmakers were criticized for acting too rashly and in their haste, drafting an unconstitutional law,” Warner said “This case exposed the problems of trying to balance the right of privacy in Florida versus the right of access to public information.”

The new law not only forbids copying of autopsy photos and records, but also prevents inspecting the records.