Victory in Brady Center Lawsuit Has National Repercussions
Washington D.C., February 16, 2017 —Today, in a landmark decision with national repercussions, a federal appeals court struck down an NRA-backed Florida law that restricted doctors from talking to their patients about the risks of guns. The decision by the full panel of the United States Court of Appeals for the 11th Circuit in Atlanta is a victory for the Brady Center to Prevent Gun Violence and Ropes & Gray, who brought the lawsuit on behalf of doctors who believed the law violated their First Amendment rights.
Wollschlaeger v. Scott was filed on June 6, 2011, challenging the Florida law, under which doctors can be censored, fined, and have their licenses to practice medicine revoked if the Florida Board of Medicine found they violated the law.
Dan Gross, President of the Brady Center to Prevent Gun Violence, said, "The gun lobby and its lap dogs don't want Americans to know the truth about the danger of guns in the home because it will hurt their bottom line. The fact is, guns are far more likely to kill a child or family member than protect them. We are pleased the Court recognized Americans have a constitutional right to hear the truth about guns, and the gun lobby has no right to silence doctors or keep patients in the dark. We will continue to work with the medical community to get the truth out, to protect American children and families from the scourge of gun violence."
Jonathan Lowy, co-counsel in the case and Director of the Brady Center to Prevent Gun Violence's Legal Action Project, said: "Today's ruling is an important victory for public safety and free speech rights, and a crushing defeat for the corporate gun lobby and the politicians who do its bidding. Politicians and special interest lobbies have no business standing between doctors and their patients, or keeping doctors from telling people the truth about the risks of guns or other products. Doctors have the right to decide how best to advice patients about risks that may endanger their families, and parents have a right to full information so they can make smart, informed decisions about how to keep their families safe."
Ropes & Gray partner Doug Hallward-Driemeier said, "This decision is critical to the health and safety of Florida families. It makes clear that the First Amendment does not allow the government, on the basis of politics, to interfere with a doctor providing her best medical advice to her patient."
Nancy Evans, Brady Campaign Sarasota Chapter president, said, "This is an incredible victory not only for Florida doctors but for our entire nation. I joined the fight a year ago because I believe our doctors should be able to have any conversations necessary to keep their patients healthy and safe. I am so thankful the court struck down this terrible law."
The lawsuit was brought by the Brady Center to Prevent Gun Violence, the firms law Ropes & Gray LLP and Astigarraga Davis, on behalf of individual Florida doctors, as well as organizations representing 11,000 Florida health care providers, including the Florida Pediatric Society/Florida Chapter of the American Academy of Pediatrics, the American Academy of Family Physicians, Florida Chapter, and the American College of Physicians, Florida Chapter. Douglas Hallward-Driemeier of Ropes and Gray argued the case as lead counsel for the Plaintiffs.
In 2012, a trial judge in the Southern District of Florida held that the law was unconstitutional and granted a preliminary injunction. In 2014 a divided three judge panel of the 11th Circuit reversed. The full 11th Circuit heard the case en banc in 2016.
Numerous studies have proven that a gun in the home actually makes its residents less safe -- 89% of unintentional shooting deaths of children occur in the home. The reality is that a gun in the home is more likely to be used in a homicide, suicide, or accidental shooting, than in self-defense. Recent research has shown that one third of all households with children under the age of 18 have a firearm, and more than 40% of these households store their guns unlocked.
Brady has one powerful mission — to unite all Americans against gun violence. We work across Congress, the courts, and our communities with over 90 grassroots chapters, bringing together young and old, red and blue, and every shade of color to find common ground in common sense. In the spirit of our namesakes Jim and Sarah Brady, we have fought for over 45 years to take action, not sides, and we will not stop until this epidemic ends. It’s in our hands.
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