Battle Continues Over Doctor-Patient Gun Law
August 20, 2015
Raising concerns about First Amendment rights and public health, opponents of a controversial Florida law aimed at restricting doctors from asking questions about patients’ gun ownership have asked a full federal appeals court to take up the issue.
A three-judge panel of the 11th U.S. Circuit Court of Appeals last month upheld the constitutionality of the 2011 law, which has drawn heavy attention and was dubbed the “docs vs. glocks” law. The 2-1 ruling was a victory for gun-rights supporters such as the National Rifle Association and a defeat for medical groups.
Attorneys for opponents filed documents Tuesday asking the full appeals court to hear the case, a move known as seeking an “en banc” hearing. The documents also make clear that opponents plan to go to the U.S. Supreme Court if they continue to be unsuccessful at the Atlanta-based appeals court.
“The (appeals-court panel) majority’s decision breaks with established precedent and will invite other attempts to silence professional speech because of its message,” one of the documents said. “(The law), on its face, restricts professional speech on the basis of its content, and disagreement with a particular viewpoint is what spurred its passage.”
The law includes a series of restrictions on doctors and other health providers. For example, it seeks to prevent physicians from entering information about gun ownership into medical records if the physicians know the information is not “relevant” to patients’ medical care or safety or to the safety of other people.
Also, the law says doctors should refrain from asking about gun ownership by patients or family members unless the doctors believe in “good faith” that the information is relevant to medical care or safety. Also, the law seeks to prevent doctors from discriminating against patients or “harassing” them because of owning firearms.
In the panel ruling last month, the majority pointed to instances in which doctors could continue justify asking about firearms, such as in the case of a patient considered at risk of suicide.
“The purpose of the act, as we read it, is not to protect patient privacy by shielding patients from any and all discussion about firearms with their physicians; the act merely requires physicians to refrain from broaching a concededly sensitive topic when they lack any good-faith belief that such information is relevant to the medical care or safety of their patients or others,” the majority opinion said.
The documents filed Tuesday said the law has effectively remained on hold during a legal battle, which included a federal district judge issuing a preliminary injunction in 2011 and further ruling against the law in 2012. A stay remains in place while the opponents seek a hearing before the full appeals court.
But one of the documents filed Tuesday also asked for a stay to remain in place if the request for an “en banc” hearing is rejected. That is because opponents would take the case to the U.S. Supreme Court.
“If the challenged provisions are permitted to take effect, (the law) ensures that Florida residents will receive less information about firearm safety from their physicians,” the document said. “The public health consequences of allowing the act to go into effect at all — let alone while the Supreme Court still is considering it — are clear, and they are significant.”
by Jim Saunders, The News Service of Florida
Escambia Firefighters Work To Keep School Zones Safe
August 20, 2015
Escambia County Fire Rescue trucks are in school zones across the county during this first week of school with lights flashing as a reminder to drivers to slow down. Pictured: An Escambia Fire Rescue truck in the Molino Park Elementary school zone on Highway 97. NorthEscambia.com photo by Kristi Price, click to enlarge.
Undocumented Immigrants Could See Tougher Penalties
August 20, 2015
A Senate Republican on Wednesday filed a proposal that would stiffen penalties for people who are in the country illegally and commit violent crimes.
The bill (SB 150), filed by Sen. Travis Hutson, R-Elkton, will be considered during the 2016 legislative session, which starts in January. The bill would increase the criminal penalties for undocumented immigrants who commit offenses such as assault, aggravated assault and battery.
For example, a crime that ordinarily would be considered a first-degree misdemeanor would be upgraded to a third-degree felony. As another example, a crime that ordinarily would be a second-degree felony would be upgraded to a first-degree felony.
by The News Service of Florida
Five Arrested For Dog Fighting
August 20, 2015
Five people have been jailed after a dog fighting investigation in Escambia County.
The Escambia County Sheriff’s Office said deputies responded to the 3800 block of Moreno Street in reference to a report of possible dog fighting. After an investigation, five suspects were arrested and several vehicles and guns were seized, along with a bulletproof vest.
Deputies arrested Kawain Marquese Smith, 25; Donald Andrew Gaston, 26; Roderick Terrill Foster, 28; Derric Shermaine Kitt, 28; and Eric Jermaine Kitt, 28.
Each suspect was charged with nine counts of animal cruelty and two counts of animal fighting. Smith was also charged with three counts of possession of a firearm by a convicted felon. Deputies said additional arrests are possible.
Nine dogs were seized by Escambia County Animal Control. Seven of those dogs were euthanized, while two puppies are undergoing medical treatment. The dogs were euthanized due to injuries and severe aggression issues.
Chattanooga Tops The Pensacola Blue Wahoos 11-0
August 20, 2015
The Pensacola Blue Wahoos (29-23, 54-66) fell to the Chattanooga Lookouts (23-27, 66-52) by a score of 11-0 in front of 3,852 fans at Pensacola Bayfront Stadium. The loss puts the Wahoos half of a game behind the Mobile BayBears, who were postponed due to rain.
Pensacola starter Sal Romano (0-2) earned the loss on a rough night in which he wasn’t able to get through the first inning. He allowed five runs on five hits and two walks.
Chattanooga starter, Brett Lee (5-4), a Pensacola native and West Florida High grad, earned the win with 7.0 shutout innings. Lee allowed only two hits in the effort.
Joel Bender was the star of the night for the Wahoos, pitching 4.0 shutout innings in the middle of the game. The effort was his longest of the year for the Wahoos.
The Wahoos would only get three hits on the nights against Lookout pitching, with Alex Blandino, Yovan Gonzalez and Ryan Wright each hitting safely.
The Lookouts got things started with bang, as they scored five runs on five hits in the top of the first inning. All of the runs were scored with two outs, and Jacob Johnson would replace Romano before the frame’s conclusion.
Chattanooga would extend the lead to 7-0 in the next inning with a two-run shot from Max Kepler. They would then add two more on a two-run double from Stuart Turner.
Jorge Polanco would make it 10-0 in favor of the Lookouts in the third, taking a solo shot to the bay in left field.
The crowd received a much-needed jolt of enthusiasm in the ninth as infielder and fan favorite Ray Chang took the mound for the Wahoos. He allowed a run on a hit and a walk in his fourth appearance in 11 years.
Court Backs Health Providers In Fight With Allstate
August 20, 2015
A South Florida appeals court Wednesday sided with medical providers in a series of cases filed against Allstate Insurance Co. about payments for treating patients in the state’s no-fault auto insurance system. The ruling, which involved 32 consolidated cases, dealt with whether policies were clear that Allstate would reimburse the providers under a fee schedule from the Medicare program. The fee schedule includes limits on payments for services. The providers argued that the policies were “ambiguous” on the issue, and a majority of a three-judge panel of the 4th District Court of Appeal agreed. The majority opinion, written by Chief Judge Cory Ciklin and joined by Judge Spencer Levine, said legal precedents “make clear that insurance statutes require clarity and specificity in electing fee schedules with respect to PIP (personal injury protection) medical benefits coverage.” But Judge Melanie May dissented, arguing that medical providers had led the court’s majority “down the yellow brick road.” She also pointed to the purpose of the no-fault system, which provides at least a minimum amount of health coverage for injuries suffered in car accidents. “Providers … look to get paid as much as possible, but that does not inure to the insured’s (policyholder’s) benefit,” she wrote. “The less costly the services provided, the more services the insured can receive. While some providers may choose to not treat an insured if their fee is limited to the Medicare fee schedules, that problem is one of the provider’s making, not that of the insurer.”
by The News Service of Florida
Cantonment Woman Critical After Rear-Ending UPS Truck
August 19, 2015
A Cantonment woman was critically injured when she rear-ended a parked UPS truck Wednesday morning in Cottage Hill.
According to the Florida Highway Patrol, 77-year old Sharon K. Gipson was westbound on Eden Lane approaching Virecent Road as the unoccupied UPS truck was parked with hazard lights activated in the westbound lane of Eden Lane making a parcel delivery.
The FHP said Gipson rear-ended the UPS truck before her 2006 Nissan Maxima rolled eastbound on Eden Lane and struck a tree.
Gipson, who was not wearing a seat belt, was transported to Sacred Heart Hospital as a “trauma alert”. Any charges in the accident are pending.
Brewton Accident Claims Life of Flomaton Man
August 19, 2015
A traffic crash Tuesday afternoon in Brewton claimed the life of a Flomaton man.
According to authorities, 56-year old Jimmy Wayne Cash was southbound on Highway 31 just south of College Drive in a 1991 Ford Ranger when, for an unknown reason, he rear-end a 2003 Chevrolet pickup. Cash was transported to D.W. McMillan Hospital in Brewton where he later died from injuries sustained in the crash.
The driver of the second pickup, Steven Smith of Graceville, was not seriously injured.
The accident remains under investigation by the Brewton Police Department.
Reader Photos: Morning Rainbows
August 19, 2015
Here are a couple of NorthEscambia.com reader submitted photos of rainbows Wednesday morning. The photo above is International Paper in Cantonment, courtesy of Kevin McCanty. The photo below is looking across Highway 29 from Escambia Fire Rescue Station 6 in Ensley this morning, courtesy of Bryan Caro, for NorthEscambia.com, click to enlarge.
If you have news or weather photos to share, just email them to news@northescambia.com
Ransom Middle Gym Named For Educator, Coach Joseph E. Murphy
August 19, 2015
The Escambia County School voted Tuesday to name the gymnasium at Ransom Middle School as the “Joseph E. Murphy Gymnasium” in honor of Joseph E. Murphy.
Murphy said he never dreamed of such an honor.
“To have this honor bestowed upon me is very humbling,” he said. “No one can ever feel worthy of this wonderful honor…I am very grateful.”
Murphy began his career with the school district in 1976 as a science teacher at Ferry Pass Middle School, became a physical education teacher at Workman Middle School in 1980, and then moved to Ransom Middle School in 1984 where he has served as physical education teacher, physical education department chair, School Advisory Council member, and dean of students.
Murphy coached middle school basketball and track and field, winning numerous district championships for Ransom. He also coached football and golf at Tate High School, and served as the pitching coach for the Tate baseball team, leading them to two state championships.
Murphy was also named the Escambia Physical Education Association Middle School Teacher of the Year for the 2009-2010 school year.’
He retired in June.
“Joseph E. Murphy has touched the lives of countless young people through his coaching and focus on health and wellness, encouraging and motivating students to perform at their highest level, in the classroom and on the athletic field,” a school board resolution stated.
Pictured top: Joseph E. Murphy before by the Escambia County School Board Tuesday night as the Ransom Middle School gymnasium was named in his honor. Pictured inset; Murphy (left) with Ransom Middle Principal Brent Brummet. Pictured below. Superintendent Malcolm Thomas with Murphy, Brummet and a group of Ransom supporters. Photos by Kim Stefansson for NorthEscambia.com, click to enlarge.
