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On July 2 a federal district court entered a final judgment
permanently blocking enforcement of Florida's law barring
health care professionals from asking patients if they own guns and
have them stored properly. These questions are a key element in the
practice of preventive medicine. The court found that the law
curtailed the First Amendment rights of physicians across the state
to speak with their patients about gun safety.
The state chapters of the American Academy of Pediatrics,
American Academy of Family Physicians, and American College of
Physicians collectively represent more than 11,000 health care
professionals in Florida. On June 24, 2011, these organizations,
along with six individual physicians, filed papers asking the court
to enjoin the law because it substantially curtailed their First
Amendment rights to exchange information with patients about gun
safety.
On September 14, 2011, Judge Marcia Cooke of the U.S. District
Court for the Southern District, Miami Division granted a
preliminary injunction blocking enforcement of the law. The final
judgment entered on July 2, 2012, by Judge Cooke makes her prior
preliminary injunction a permanent injunction.
Mobeen Rathore, M.D., CPE, FAAP, president of the Florida
Chapter of the American Academy of Pediatrics (Florida Pediatric
Society) said: "We thank the Court for recognizing that
pediatricians need to maintain an open dialogue with our patients
and work with parents in order to keep children safe."
Stuart Himmelstein, M.D., American College of Physicians,
Immediate Past Governor for Florida, stated: "This is a great
result for safety and quality of medical care in Florida. The
injunction preserves free speech between both doctors and patients
as protected by the Constitution and which is necessary to obtain
the highest of quality care that every citizen deserves."
Dennis Mayeaux, M.D., Past President, Florida Academy of Family
Physicians commented: "Talking with our patients about firearm
safety is an important step in helping to maintain a home
environment that is not dangerous. By blocking this law the Court
has ensured that health care professionals can continue to speak
freely with our patients and provide them with the best possible
care."
Physicians and other health care professionals routinely provide
their patients with information about a variety of health risks in
the home and broader environment. Such preventive counseling has
become a cornerstone in the practice of medicine and is recommended
by numerous professional medical societies. In the course of
practicing preventive medicine, health care professionals routinely
ask and counsel patients about firearm safety.
The lawsuit challenging the Physician Gag Law was originally
filed on June 6, 2011, shortly after Governor Scott signed it into
law. Prior to filing suit, the physician groups urged the Governor
to veto the legislation since it infringes the First Amendment
rights of health care professionals throughout Florida.
The organizations and individual physicians in the lawsuit are
represented by Ropes & Gray (lead counsel), Astigarraga Davis
(local counsel), and lawyers from the Brady Center to Prevent Gun
Violence's Legal Action Project.
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