Basketball legend John Stockton sues in federal court for contempt of COVID-19 regulations, restricting doctors from speaking out against the “mainstream coronavirus theory” Along with other plaintiffs, he filed a lawsuit against the Washington State Attorney General's Office over pandemic rules.
The Basketball Hall of Fame point guard, who has already been a vocal critic of COVID-19 restrictions, filed the lawsuit Thursday along with several doctors who have faced state sanctions.
This also leaves room for dozens of unidentified doctors who are believed to have been warned about their speeches regarding the coronavirus to take part. Rick Jaffe, one of Stockton's attorneys who worked on the case, said it's ultimately a free speech issue.
“We're only interested in First Amendment issues,” Jaffe said. “Doctors are not allowed to write articles, post blogs on websites, or speak publicly, even if the government or medical board believes that what they say is wrong or dangerous. Does the Board of Physicians have the constitutional authority to investigate, prosecute, and sanction?”
In addition to Mr. Jaffe, Mr. Stockton and the other plaintiffs in the lawsuit are Todd S. Richardson, son of former U.S. Attorney General Robert F. Kennedy and nephew of former President John F. The candidate is represented by attorney Robert F. Kennedy Jr. .Kennedy. The younger Kennedy is known for his controversial anti-vaccine views.
Jaffe said that, following guidance from the Federation of State Medical Associations, the state will begin sanctioning doctors who spread misinformation about the coronavirus starting in September 2021.
“Most other states in the country are not as advanced as Washington. In my opinion, Washington is an outlier,” he said.
One of the plaintiffs, Dr. Richard Eggleston, a retired ophthalmologist, wrote an article published in the Lewiston Tribune and faced sanctions for readers reporting it, Jaffe said.
Other parties filing the lawsuit include Dr. Thomas T. Siler and Dr. Thomas Moynihan, and the nonprofit Children's Health Defense.
Jaffe said he has represented other cases on the same issue in California, where a judge issued a preliminary injunction blocking speech regulations from being implemented.
Although the case centers on doctors' rights, Jaffe said Stockton got involved because of his own views.
“Stockton has a podcast and he's had guests on it and he's interested. I think in a way he can speak to the public,” Jaffe said.
The lawsuit includes a declaration that the state's policy violates the First Amendment, a temporary and permanent injunction against the policy, and a declaration that the state's position is “substantial for Washington state licensed physicians.'' The lawsuit seeks a declaration that the lawsuit “violated the due process rights of individuals” and payment of attorney's fees. and “any other further relief that the court may deem just and appropriate.”
Jaffe noted that the U.S. Centers for Disease Control and Prevention has changed its position on the coronavirus multiple times. He said preventing doctors from expressing their views on the virus is “really hurting the public at a time of great uncertainty.”
The AG's office did not immediately respond to a request for comment Monday.
This is not the first time Stockton has taken a defiant stance regarding COVID-19 restrictions. A Gonzaga University alumnus was once suspended from a basketball game at his alma mater for refusing to wear a mask.
