Embalmer takes speech case to Mass. high court

BOSTON — Troy Schoeller admits he could have chosen his words more carefully when he talked to a reporter about bodies he worked on as an embalmer at a funeral home.

Among a litany of graphic remarks Schoeller made was that he hates embalming fat people. He also described the body of a baby as a "bearskin rug" and made other crude observations about the difficulties of his work.

After his comments were published in The Boston Phoenix, the state board that licenses funeral directors and embalmers revoked his license. Now Schoeller is challenging that punishment before the highest court in Massachusetts, arguing the revocation violates his constitutional right to free speech.

"I didn't lie about anything," he said. "I didn't say anything that was wrong."

Schoeller argues that state regulators chose to enforce a vague and overly broad provision of the code of conduct that prohibits funeral directors and embalmers from commenting on the condition of a body entrusted to their care.

Funeral directors and embalmers routinely talk about their work in trade journals and other publications to inform a curious public, and the provision should not be interpreted as barring them from ever talking publicly about what they do, said his lawyer, Jason Benzaken. Schoeller is the first embalmer in Massachusetts to be disciplined on those grounds, the lawyer said.

Schoeller's statements were truthful, did not disclose confidential information and pertained to a matter of "legitimate public concern," and were therefore protected by the First Amendment and the state constitution, Benzaken said.

"People are interested in it; people have a right to know what happens to their deceased family members when they are brought into a funeral home," he said.

But the state Board of Registration of Funeral Directors and Embalmers found that Schoeller violated the code of conduct by talking about bodies in his care in an "unprofessional" manner.

"Sensitivity, dignity, respect are at the very heart of this profession," Assistant Attorney General Sookyoung Shin said.