Taxpayers fund a fight over a gun law.
Five years ago, when Sanford Republican Jason Brodeur was a freshman legislator, he filed one of the most bone-headed bills in the history of the Sunshine State — which is saying something.
Brodeur’s 2011 bill threatened to jail doctors who discussed guns with patients — even suicidal ones.
It also attempted to fine physicians up to $5 million for each violation.
That’s approximately $5 million more than the $15,000 fine for other crimes … like murder.
The bill was nuttier than an Almond Joy. Even the Legislature’s own staff suggested this restriction of voluntary private speech was unconstitutional.
So Brodeur tinkered with his bill, changing the penalties from Lotto-size fines to threats of revoked medical licenses and allowing wiggle room for some, but not all, gun talk.
Basically, he made a wildly insane and dangerous bill just mildly insane and dangerous.
That was good enough for Brodeur’s fellow legislators. They passed it, and Gov. Rick Scott signed it into law in June of 2011.
But a federal judge quickly blocked the law, agreeing with doctors who said politicians had no constitutional right to restrict private conversations.
It should have ended there. But ever since, Florida politicians have been waging legal battles to resurrect their bad legislation — and sticking taxpayers with the bill.
Just last week, an appeals court agreed to hear more arguments, which could extend this taxpayer-funded battle another year.
Such is life in the Gunshine State — a place where political pandering is more important to lawmakers than safety, common sense or your tax dollars.
How many of your tax dollars? I’m still waiting to find out.
Back in 2013, the tally was nearly $100,000. But that was a legal generation ago. There have been gobs of hearings, briefs and outside-counsel bills since then.
I requested updated totals. When state officials decide to share them, so will I.
But to give you an idea of the Florida resources involved, the lawsuit names 21 different state officials and agencies.
Asked this week if the five-year legal fight was worth it, Brodeur simply responded: “Yes.”
Well, sure. This is all just big fun if you’re a politician looking to score points with the NRA.
The irony, though, is that many gun owners are embarrassed by this costly foray into foolishness.
People want doctors — not politicians — in charge of their health care. And if most people dislike a question they’re asked, they don’t call the cops or demand a new law; they simply refuse to answer.
This all started with one case in which a couple in Ocala claimed they were denied treatment when they refused to answer a doctor’s
questions about safe storage of their guns around their children.
It was a lone story with conflicting details. But it became the latest boogeyman for the “They’re coming to get your
guns!” narrative. Wrote one reader: “The doctors are recruited as spies for the Obamaregime.”
That is the constituency to which Brodeur catered.
The federal judge — a nominee of George W. Bush — agreed the bill was an overreaction to a nonexistent problem, saying: “It does not appear that the Florida Legislature relied on any studies, research, or statistics on physicians’ practices or patients’ experiences on this issue.”
So she struck it down. But the state appealed — and netted a victory when a federal appeals panel issued a 2-1 decision supporting the law. And now the full appeals court has taken the rare step of wanting to rehear that.
Part of the confusion is that the so-called “Docs vs. Glocks” bill bans gun questions, but makes exceptions for questions “relevant to the patient’s medical care or safety” — which is the only reason doctors say they ask anyway. So the law isn’t just unfounded; it’s also unclear.
Listen, there are legitimate gun debates. This is not one of them.
Doctors care about your blood levels, not whether you go skeet shooting on the weekend.
In fact, among the few times doctors even ask about guns are when patients appear suicidal or when pediatricians ask new parents about potential household hazards such as cleaning chemicals, unfenced swimming pools or, yes, unsecured guns.
Doctors have done so for generations. And nobody went screaming for more laws. That only happens when you have politicians who care more about pandering than public safety and fiscal responsibility.