[Med-privacy] ACLU Asks Court to Protect Confidentiality of Rush Limbaugh's Medical Records

[pmarshall]

http://www.aclu.org/Privacy/Privacy.cfm?ID=14698&c=27

ACLU Asks Court to Protect Confidentiality of Rush Limbaugh's Medical
Records

FOR IMMEDIATE RELEASE
Monday, January 12, 2004

CONTACT: Alessandra Soler Meetze, ACLU of FL, 305-576-2337 x16
Emily Whitfield, ACLU Nat'l, 212-549-2566 or 2666

PALM BEACH, FL - In a motion filed today, the American Civil Liberties
Union of Florida said state law enforcement officers violated Rush
Limbaugh's privacy rights by seizing the conservative radio talk show
host's medical records as part of a criminal investigation involving
alleged "doctor-shopping."

"While this case involves the right of Rush Limbaugh to maintain the
privacy of his medical records, the precedent set in this case will
impact
the security of medical records and the privacy of the doctor-patient
relationship of every person in Florida," said Howard Simon, Executive
Director of the ACLU of Florida.

The ACLU's request to submit a "friend-of-the-court" brief on behalf of
Limbaugh was filed today with the Fourth District Court of Appeal. The
ACLU
said in its motion that the state infringed on Florida's constitutional
right to privacy when it failed to follow well-established protocol,
mandated by law, when confiscating Limbaugh's medical files. The
organization stated that its interest in the case was "to vindicate
every
Floridian's fundamental right to privacy by ensuring that the state be
required to comply" with the law.

Because of heightened concerns about medical privacy, the Florida
Legislature mandated a process - outlined in Sections 456.057(5)(a) and
395.3025(4)(d) of the Florida Statutes - that requires law enforcement
officers to notify the person whose medical records they seek to obtain
and
give that person the opportunity to object before the subpoena is issued

and before the records are seized.

"The legislature has enacted procedures that carefully balance the
interests of law enforcement against the right of every citizen to
maintain
the privacy of their communications with their physician," said Ft.
Lauderdale attorney Jon May, who is serving as counsel for the ACLU. "In

this case the State Attorney has circumvented this carefully crafted
scheme. If the state can do this to Rush Limbaugh, then the privacy
rights
of every citizen in Florida are in jeopardy."

In October, Limbaugh checked himself into a rehabilitation clinic after
telling listeners on his radio program that he is addicted to
painkillers.
The ACLU has long recognized the need for a viable public health
approach
for drug control. Criminal prosecutions are the government's primary
weapons to stamp out illicit drugs in the "War on Drugs." However, the
ACLU
has maintained that the so-called "War on Drugs" has led to a dramatic
increase in the nation's prison population, while doing little to curb
the
drug trade. The organization believes there are better ways, other than
criminal prosecution and incarceration, to address drug abuse that will
ultimately lead to a healthier, freer and less crime-ridden society.

"Limbaugh's case demonstrates that the 'War on Drugs' is not working,"
said
Anthony Romero, Executive Director of the American Civil Liberties
Union.
"This case provides a stark example of how the government chooses to
prosecute non-violent drug offenses, rather than provide treatment for
drug
users."

The ACLU of Florida's Simon added: "For many people, it may seem odd
that
the ACLU has come to the defense of Rush Limbaugh. But we have always
said
that the ACLU's real client is the Bill of Rights and we will continue
to
safeguard the values of equality, fairness and privacy for everyone,
regardless of race, economic status or political point of view."

"We have defended the rights of every group on the political spectrum
from
anti-war protesters and Oliver North to church-state separation
activists
and Jerry Falwell," Simon noted.

The case is Rush Limbaugh v. State of Florida, Case No. 4D03-4973. In
addition to May, Randall Marshall, ACLU of Florida's Legal Director, is
counsel of record.

To read the ACLU's motion to file an amicus on behalf of Limbaugh,
visit:
http://www.aclufl.org/limbaughmotiontofile.html