TALLAHASSEE, Fla. — The Florida Supreme Court will soon decide whether law enforcement officers are eligible for privacy protections under Marsy’s Law, a 2018 legal provision that provides privacy rights and more to crime victims.

What You Need To Know

  •  Officers may soon recieve privacy protections under Marsy's Law.

  •  Marsy's law provides anonymity, among other priveleges, to crime victims.

  •  The case comes after two fatal Tallahassee shootings.

  • The Florida Supreme Court publishes opinions each Thursday.

The case carries statewide implications and will determine if officers may remain anonymous after using force in violent encounters. Justices on Wednesday heard oral arguments, which stem from two fatal shootings involving the Tallahassee Police Department (TPD) in 2020.

The Police Benevolent Association is suing the City of Tallahassee, arguing that officers are entitled to anonymity after violent confrontations under Marsy’s Law. They also argue that police should qualify as crime victims after violent encounters — just as members of the general public in similar situations. 

The City of Tallahassee originally planned to publish the names of the officers involved in the two shootings, which individually resulted in the deaths of Tony McDade and Wilbon Woodard. The lawsuit, however, halted the release.

“My individual clients are people,” said Luke Newman, an attorney representing the Police Benevolent Association. “They’re police officers. In two separate incidents, both men were attacked, essentially unprovoked, with homicidal violence. They both shot and they both killed their attackers.”

Attorneys for the City of Tallahassee argue police fall outside the scope of Marsy’s Law, because police operate as “agent(s) of government” rather than in an individual capacity. What’s more, they warn such broad privacy privileges could foster a “secret police force” to the public detriment. Some officers, they fear, may utilize the law to shield themselves from public scrutiny. 

“They were in fact the government on that day,” said Attorney Philip Padovano, who represents the City of Tallahassee. “When they went out there with weapons, the power to arrest people, the power to detain people, the power to use deadly force against people if necessary. They weren’t acting as persons as the word is defined here.”

Justices prodded attorneys on both sides of the argument, underscoring the complex nature and interpretation of the law. Oral arguments lasted roughly an hour.

Several media outlets, including the New York Times and Miami Herald, are partnering with The City of Tallahassee in the case. They argue an inclusion of police under Marsy’s Law would limit public accountability and police transparency. 

The Florida Supreme Court publishes opinions each Thursday, though there is no timeline on this case. Voters approved Marsy’s Law in 2018 via a constitutional amendment.