Somewhere in the Florida archives are two pink Oxford men's dress
shirts that Gov. Reubin Askew had purchased at Sears in Miami and
Atlanta 32 years ago, in what was then considered a master stroke of
voter manipulation.
Well-financed business groups were spending heavily to convince
voters that Askew's corporate income tax constitutional amendment
would drive up consumer prices and lead to a personal income tax. So
he went on TV and showed that the two shirts cost the same.
"The only difference was, Sears paid the state of Georgia about
$500,000 in corporate profits taxes that year and paid us less than
$2,000 in an antiquated state franchising fee," Askew recalled last
week. "In trial law, that's what we call 'demonstrative evidence' to
bring a subject to light."
His low-budget tactic cut through all the economic forecasts and
advertising jingles that big business could buy - and Askew's
amendment passed with more than 70 percent of the vote. It worked so
well, Askew said, the state archives asked for the shirts.
As a high-stakes special session on medical malpractice insurance
reform approaches, the aim is the same as it was in Askew's first
term - to knock down the other side's message and get voters to
contact their legislator.
Political consultants, advertising advisers and public relations
experts in Tallahassee generally agree that the Florida Medical
Association and some of its major affiliates - including
obstetricians, surgeons, emergency physicians and other specialists
- are winning the psychological skirmish on malpractice. They say
highly publicized physician walkouts in key cities, the mass protest
at the Capitol in white lab coats and TV ads about obstetricians not
delivering babies are just what the doctors ordered.
"This is a well-coordinated and choreographed national campaign,
of which Florida is a key state," said Ron Sachs, a political
communications consultant who has handled fights with big tobacco
and represented nurse anesthesiologists in recent legislative
sessions. His firm, Ron Sachs Communications, does not have a client
in the medical-malpractice session.
"The battle for public opinion has been brilliantly fought by the
doctors," he said. "All the right buttons have been pushed."
Docs have the upper hand
Cory Tilley, an adviser to Gov. Jeb Bush whose consulting clients
now include nursing homes, said the white-coated FMA has a huge
image advantage over the pinstriped, tassel-loafered trial lawyers
and insurance lobbyists. More people expect to visit doctors than
lawyers on a regular basis and, if both went away, which profession
would Floridians miss most?
"The doctors have a built-in visibility," Tilley said. "To get
any legislation passed, you've got to be able to find ways to
communicate an identifiable message to consumers and voters."
Tilley said "it's a little more difficult for trial lawyers" to
establish an image as a trusted, indispensable family friend in
times of crisis. And the trial lawyers think that's a legal form of
malpractice.
"We really think it's unconscionable for the doctors to be using
their patients as pawns," said Paul Jess, general counsel of the
Academy of Florida Trial Lawyers. "The air-traffic controllers don't
walk out when the plane is in flight; the firefighters don't walk
out when a building is on fire. We think the doctors are scaring
their patients for their own political and financial goals."
Jess said Floridians for Patient Protection, an organization
formed by the trial lawyers, will run a publicity campaign to
counter the doctors' efforts. His group contends that the insurance
industry is hiking malpractice rates because it lost money in the
stock market - not because jury verdicts are costing doctors and
their insurers more than usual.
Former Leon County Commissioner Gary Yordon, who leads the
Zachary Group, said he is branching out from consulting on local
campaigns such as Mayor John Marks' successful race this year. In a
statewide ad war, Yordon said, legislators themselves feel like
casualties when complex issues are reduced to simple stereotypes.
"Legislating is the art of compromise, and I think these kind of
tactics just prevent meaningful dialogue and put the Legislature in
a position of being unable to come up with creative solutions,"
Yordon said.
'AstroTurf' attacks
It's a technique called "AstroTurfing" - creating fake
"grass-roots" calls and letters on an issue. Similar to the attack
ads candidates and special interests run in election years, there
have been well-financed fights between cable TV and phone companies,
tuition voucher proponents and opponents, "right to work" industries
versus labor unions and commercial fishing versus net ban advocates.
But those don't approach the financial and emotional clout of
doctors and insurance companies going up against lawyers and nervous
patients. Both sides are among the biggest spenders in political
campaigns.
Figures compiled by Common Cause, a nonpartisan advocacy group,
showed Blue Cross and Blue Shield was the Florida Republican Party's
top contributor in the past election cycle - pumping $541,187 into
GOP coffers - while the trial lawyers were second only to the
teachers union in supporting the Democratic Party, giving $413,042.
Individual legislators got tens of thousands more from the
professions, scores of companies and their lobbyists.
Targeting the Senate
Strategists on both sides think the Senate - which in the regular
session resisted a $250,000 cap on noneconomic damages in medical
malpractice lawsuits - will be the battleground of the special
session.
That's why doctor walkouts focused on Jacksonville, where Senate
President Jim King is from and where Florida Professional Insurance
Co. - the state's biggest medical malpractice underwriter - last
week announced it would cut premiums 20 percent if the
Bush-supported $250,000 cap passed.
But Sens. Ken Pruitt, R-Port St. Lucie, and Nancy Argenziano,
R-Dunnellon, said the sophisticated mass-communication campaign
backfires with experienced lawmakers.
"These tactics might be effective if you're a newly elected
legislator, but usually these groups go over the top," said Pruitt,
who has been in the Legislature 13 years. "During the (regular)
session, we had some mailings about gambling; the Seminoles put it
out to protect their interests, and it must have cost at least
$20,000 to saturate my district. We got only 16 letters and a few
phone calls, because my constituents know me."
Argenziano, who served six years in the House before her election
to the Senate last year, said "real grass-roots" is effective. But
an automated phone call or mass-produced e-mail is deceptive, she
said, and troubling to legislators who have spent countless hours
working on an issue with staff aides and committee hearings.
"Sometimes, I feel sorry for the public who sees these
advertisements on TV and call my office to say, 'I don't want my
doctor to go away,' but when I ask them questions, they say they
don't know - they've just been told we have to do something,"
Argenziano said. "Frankly, the public should get a little annoyed at
being manipulated like that."