Florida judge won't muzzle law firm's 'pit bull' ads

By The Associated Press

10.08.04

FORT LAUDERDALE, Fla. — The 1-800-PITBULL ad can stay.

Broward County Court Judge William Herring ruled Oct. 6 in Florida Bar v. Pape that a Fort Lauderdale law firm can advertise its controversial phone number and display a logo of a spike-collared pit bull despite objections from the Florida Bar.

Herring said the Pape & Chandler law firm’s television commercials classify as constitutionally protected free speech. He rejected the Florida Bar’s assertions that capitalizing on the image of “a ferocious animal” in the commercials is manipulative and violates state laws regulating legal advertisements.

Herring said the qualities the lawyers link to pit bulls are “desirable traits in attorneys.”

The law firm, which specializes in motorcycle crash litigation, has spent the last three years defending its use of 1-800-PITBULL. Attorney John Pape said the logo was symbolic of their firm’s “loyalty to our clients and to each other and tenacity, determination and aggressiveness in representing our injured clients.”

Florida Bar attorney Randi Klayman Lazarus wrote the pit bull “represents a ferocious animal that inspires heart-throbbing fear.”

State Rep. David Simmons, R-Longwood, said the 1-800-PITBULL commercials led him to introduce legislation this year targeting undignified attorneys’ advertisements that he thinks wrongly encourage people to file lawsuits. The bill, HB 1357, passed in the House but died in the Senate.

The Florida Bar filed two complaints in January with the Florida Supreme Court over Pape & Chandler’s advertisements, and Herring was assigned to referee the cases. The Bar now must choose whether it will appeal Herring’s decision to the Florida Supreme Court.