Supreme Court agrees to consider Marsy's Law dispute between city of Tallahassee and police union - Tallahassee Democrat
The Florida Supreme Court has agreed to consider whether the identity of law enforcement officers can be shielded by the victim’s rights constitutional amendment Marsy’s Law.
The case brought by the Florida Police Benevolent Association against the city of Tallahassee will test the state’s broad public records laws in determining whether an officer can be a victim of a crime during the course of his duty and is thus afforded protection under Marsy’s Law.
The legal fight over Marsy’s Law and police officer accountability grew out of the May 27 fatal shooting by a Tallahassee police officer of Tony McDade, who stabbed a neighbor’s son to death before threatening the officer with a handgun. Shortly after the shooting, the Florida PBA sued the city to prevent it from identifying the officer who killed McDade.
The First Amendment Foundation, the Florida Press Association and a number of media outlets, including the Tallahassee Democrat and USA TODAY NETWORK-Florida, intervened in the lawsuit, arguing that allowing Marsy’s Law to apply to law-enforcement officers would undercut the state’s open-records laws.
Mark R. Caramanica, an attorney for the media organizations, called the court's decision "welcomed news."
“Marsy’s Law cannot be used a means to shield police action from public oversight," he he told the Democrat. "We are pleased the Court decided to hear this case and look forward to presenting our arguments.”
"Can’t conclude they took it because they want to reverse but it’s a sign the issue intrigues them,"
The city must submit its initial briefs on the merits of the case by Jan. 25.
A three-judge panel of the 1st District Court of Appeal in April sided with two Tallahassee police officers, who argued that, as victims, they were entitled to privacy protections included in Marsy’s Law.
The constitutional amendment, approved by nearly 62% of Florida voters in 2018, grants privacy rights to crime victims. However, it has faced criticism from First Amendment advocates since its inception as public agencies across the state implemented policies restricting information from crimes and car crashes that was once routinely released.
More:Marsy’s Law was meant to protect crime victims. It now hides the identities of cops who use force.
This is a developing story. Stay tuned for details.
Contact Karl Etters at [email protected] or @KarlEtters on Twitter.
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source: https://www.tallahassee.com/story/news/2021/12/21/florida-supreme-court-review-marsys-law-dispute-tallahassee/8980067002/
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