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A 2018 Constitutional amendment approved by 62 percent of Florida voters continues to be controversial. The so called “Marcy’s Law” is designed to give crime victims rights and protect their identity, but the language is now being used to protect the names of on duty police officers involved in shootings. As Mike Vasilinda tells us, the case is finally going to the state Supreme Court. 

This body cam video from last May shows the moments before police shoot a transgender woman who had just stabbed a neighbor.

“An enhanced version of the video showing Tony assuming the shooting position was provided by the Tallahassee Police department.

Afterwards, the Police Benevolent Association sued to keep the officers name, and that of another, secret under Marcy’s Law which is designed to protect crime victims.

“I found it disturbing what my clients experienced” said Luke Newman, the PBA Attorney.

“They certainly signed up to patrol our streets and keep us safe. They didn’t sign up to be charged at with a hunting knife or have a gun pointed at them” added the attorney.

A lower court ruled against the PBA, but an appellate court ruled the names could be  private.

Now the case is going to the state Supreme Court. And those who oppose the secrecy say police officers aren’t average citizens when they are on duty.”

“This is precisely what they signed up for” says former US Attorney and Florida First Amendment President Pamela Marsh.

“Law enforcement receives significant training on being attacked.  And going into violent interactions” says Marsh.

Pinellas County Sheriff Bob Gualtieri says the secrecy ruling was correct, but bad for the long term.

“I don’t think it’s good public policy that a law enforcement officer gets to use deadly force, and remain anonymous. I don’t think its the American way” says Gualteri.

The Supreme Court hasn’t set a date for a hearing, which means a decision could be a year away or longer.

In a statement, Tallahassee City Attorney Cassandra Jenkins, who filed the notice of appeal, said “With respect for the (appellate) court’s opinion and appreciation of the difficult work performed by police officers every day, the decision has far-reaching implications related to public transparency and is deserving of final review by Florida’s highest court.”