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Dale Earnhardt

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Earnhardt family seeks calming of the waters

By Dave Rodman, Turner Sports Interactive
May 7, 2001
4:32 PM EDT (2032 GMT)

DAYTONA BEACH, Fla. -- Two and a half months after the accident in the Daytona 500 that took the life of father and husband Dale Earnhardt, the late seven-time Winston Cup champion's family has asked for closure in a media circus that has reached a near-frenzied state at times.

"It should be known that a number of Florida-based news organizations are mounting an aggressive legal and public opinion campaign to overturn the new Florida law that protects any family's right to privacy," the family told NASCAR.com. "Our request would be that the Florida media accept the situation and end the undeserved attacks on this very reasonable legislation that was unanimously approved by the Florida senate in late March."

The legislation, dubbed the "Earnhardt Family Protection Act" made accessing autopsy records without a court order a felony. It went through the Florida Legislature in record time and was almost immediately attacked by a group of Florida media. The basic premise of the legislation was that media could access these records through a court order providing it had due cause.

Some in the media have continued to strive to return to an open public record policy that previously existed. Just before the family protection legislation passed into law, a Florida Web site operator published dozens of autopsy photographs of drivers Neil Bonnett and Rodney Orr, who each died at Daytona International Speedway in 1994.

"There are cases pending in both Volusia and Broward counties that challenge the new Family Privacy Act," the Earnhardts' representatives said. "The new law only serves to balance privacy rights and the right of access to autopsy photos. It does not eliminate access to them and we hope the courts will fully uphold that new law.

"We still expect to have a final hearing in Volusia County in the near future at which we will try to ensure that the photographs of Dale's autopsy are permanently sealed and never go out over the Internet."

The family also spoke out in support of the racing community and NASCAR, whose investigation of the crash began immediately on the day following Earnhardt's fatal accident.

"We are grateful to the entire NASCAR family for its continued support during this difficult time," the family said. "We support its decision to initiate a comprehensive investigation into the crash that caused Dale's death."

The family's statement echoed Earnhardt's son, Dale Earnhardt Jr., who addressed the subject last week.

"I know NASCAR is doing what they can do," Earnhardt Jr. said during a news conference at Lowe's Motor Speedway. "My faith is behind Mike Helton more than anything else."

Earnhardt's widow, Teresa -- who has not granted any verbal or written interviews to date -- said through her representatives that the family is in the same mode as the rest of the millions of concerned people around the world as NASCAR's investigation continues. NASCAR.com submitted its questions to the family last week through a spokesperson who relayed the responses from a family representative.

"We are not privy to all the details surrounding the investigation," Earnhardt's representatives said, "so at this time we are awaiting any further findings."

NASCAR expects to conclude its investigation by August and has indicated the results will be made public at that time.