Appeals court lifts stay, lets husband of brain-damaged woman challenge Bush law
By: Administrative Account | Source: Sun-Sentinel
November 19, 2003 10:35AM EST

By MITCH STACY
Associated Press

November 18, 2003, 5:59 PM EST

TAMPA -- An appeals court Tuesday lifted a stay which blocked a brain-damaged woman's husband's fight with Gov. Jeb Bush over a new law that restored her feeding tube.

The ruling by the 2nd District Court of Appeal in Lakeland is a victory for Michael Schiavo, who has fought his in-laws in court for years for the right to remove the tube, saying his wife, Terri, would not want to be kept alive artificially.

Michael Schiavo's attorney, George Felos, asked the appellate panel Monday to let his constitutional challenge to the new law move forward while Bush takes issue with failing to be served with a formal notice of the lawsuit and in Tallahassee.

The three-judge appellate panel agreed, and also denied a motion filed Friday by Bush's attorneys asking that all proceedings in the case be halted.

``It's very bad news for Terri and good news for the voices of death,'' said Pat Anderson, an attorney for Bob and Mary Schindler, the parents of Terri Schiavo.

Felos said he was pleased by the prompt ruling.

``I think it's an indication that the court recognizes that fundamental human rights are at stake here,'' Felos said.

The governor's office had no immediate reaction to the order. Bush's attorneys have until 5 p.m. Wednesday to file papers with their arguments on the constitutionality of new law in Circuit Court in Clearwater.

``The court has forced the governor to stop delaying this case and show up in court and explain why he should be permitted to meddle in this case,'' said Howard Simon of the American Civil Liberties Union and Michael Schiavo's co-counsel.

Michael Schiavo contends that the hastily passed law that let Bush order reinsertion of Terri Schiavo's feeding tube is unconstitutional because it violates her right to privacy and separation-of-power provisions of the Florida Constitution.

Terri Schiavo suffered severe brain damage in 1990 when her heart temporarily stopped, cutting off oxygen to her brain. Her parents dispute that she is in a vegetative state and believe her condition could improve with therapy.

Florida courts had repeatedly affirmed the right of Michael Schiavo to remove the tube. It was removed for six days when Bush ordered it restored Oct. 21.

Attorneys for the governor insist Felos must serve legal papers as required and argue the lawsuit must be filed in Tallahassee, the seat of state government.

Circuit Judge W. Douglas Baird issued an order Friday to let the lawsuit move ahead, but the appeals court issued a stay hours later on Bush's appeal.

``The governor should not be allowed to hide behind alleged procedural deficiencies to support further delay,'' Felos wrote.

Bush spokeswoman Alia Faraj said the governor is not trying to delay the case and just wants to ensure Felos follows proper procedure. She said the case should stop completely until procedural questions are settled.

Faraj said Felos is ``basically trying to circumvent a lot of rules and procedures that are in place for a reason.''

``We can only hope that those who value all of Terri's constitutional rights will give this the most careful consideration, including her rights to enjoy life and not be discriminated on the basis of her disability,'' Anderson said.

Copyright © 2003, South Florida Sun-Sentinel

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