(CN) – A chiropractor says Nebraska is enforcing an unconstitutional law that prohibits him and members of his profession from telemarketing to car accident victims. Christen Morten says the Nebraska attorney general threatened to prosecute her for violating the law, which prohibits chiropractors from “solicitation of accident victims.”
Morten says the law unconstitutionally applies only to her profession, and violates protections of commercial free speech and the state’s expressed interest in preventative health care.
Morten works for co-plaintiff MoPac Trail Chiropractic in Lincoln, the state capital.
She sued the Nebraska attorney general, the state’s Department of Health and Human Services, and the director of its Division of Public Health, in Lancaster County Court, Lincoln.
Morten says her clinic’s ad “provides a valuable, informative service designed to promote and advance good health.” She adds, “It does not compromise any state interest.”
Morten and MoPac Trail say it is common practice for lawyers, chiropractors and others to review publicly available traffic accident reports and solicit business from the victims.
“These services and contacts with accident victims are offered to promote health and increase awareness, offer care and prevent enhanced harm from undetected injuries,” the complaint states.
To limit this practice, and to do so only for chiropractors, is a “highly paternalistic” act, Morten says. She adds that the state pushes preventative health through its own programs, and it’s not fair to bar chiropractors from doing so as well.
“This absolute ban is not the least restrictive, or most appropriate methodology,” Morten says. “It is a more extensive one than is necessary to serve the public interest.”
The clinic seeks declaratory judgment that the law is unconstitutional., and it wants the state to end its investigation of Morten. The chiropractors are represented by David Domina of Omaha