Judge issues decision in Docs vs. Glocks case

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July 04, 2012

Florida: A federal judge for the Southern District of Florida has issued a permanent injunction against Florida’s Firearm Owners’ Privacy Act. The decision, issued by Judge Marcia Cooke on July 2nd, 2012, puts an end to the so-called “Docs vs. Glocks” case. The court found that the law impeded the First Amendment rights of doctors to discuss gun safety with patients.

The suit was brought by the state chapters of the American Academy of Pediatrics, the American Academy of Family Physicians, the American College of Physicians, and six individual doctors on June 24, 2011. Judge Cooke barred the National Rifle Association, which was instrumental in the passing of the law, from participating in the trial on the basis that the state was capable in mounting its own defense. An initial, preliminary injunction was issued on September 14, 2011, by Judge Cooke. Her final ruling striking down the law was issued on July 2, 2012.

"What is curious about this law -- and what makes it different from so many other laws involving practitioners' speech -- is that it aims to restrict a practitioner's ability to provide truthful, non-misleading information to a patient, whether relevant or not at the time of the consult with the patient," Cooke wrote in her decision.

According to opponents of the law, the question of whether there is a gun in a patient’s home is a key part of preventative medicine. Proponents of the law, however, said the purpose of the law was to prevent doctors from refusing to treat a patient who admitted to having a firearm in the home.

The law was passed in response to a complaint by a couple in Ocala, FL, who complained that a doctor refused to treatment them further after they declined to answer whether or not they owned a gun.

The Immediate Past Governor for the Florida chapter of the American College of Physicians, Stuart Himmelstein, M.D., responded to the ruling: "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."

A spokesperson for Governor Rick Scott said the Governor is considering his options regarding an appeal.

See also

• Initial Injunction: Order Granting Plaintiff's Motion for Preliminary Injunction