The radio host, considered a conservative standard-bearer, now has the ACLU fighting for his privacy.
By Associated Press
Published January 13, 2004
WEST PALM BEACH - Rush Limbaugh and the American Civil Liberties Union don't agree about much, but they agree that the conservative radio commentator's medical records should be off-limits to prosecutors.
The Florida ACLU filed papers Monday supporting Limbaugh's argument that state investigators violated his constitutional right to privacy when they seized his medical records in November to investigate whether he violated drug laws when he purchased prescription painkillers.
"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," Howard Simon, executive director of the Florida ACLU, said in a statement.
The organization said it wanted "to vindicate every Floridian's fundamental right to privacy by ensuring that the state be required to comply" with the law.
Limbaugh, who turned 53 Monday, said on his afternoon radio show that he welcomed the ACLU's backing and joked that his producer was "hyperventilating" over the prospect.
Palm Beach County State Attorney Barry Krischer had no comment on the ACLU's involvement. Spokesman Mike Edmondson said prosecutors have followed state laws and have protected Limbaugh's rights throughout the investigation. Prosecutors say they cannot continue their investigation until they review Limbaugh's medical records, which have been sealed since Dec. 23. Limbaugh has not been charged with a crime.
Limbaugh's attorneys have asked the 4th District Court of Appeal to keep the records sealed past a Jan. 23 deadline set by the Palm Beach Circuit Court.
Investigators went after the records after discovering that Limbaugh received more than 2,000 painkillers, prescribed by four doctors in six months, at a pharmacy near his Palm Beach mansion. Limbaugh attorney Roy Black said the issues in the case affect all Floridians. "As both the ACLU and we have stated, the seizure of Mr. Limbaugh's private medical records without due process is not only a violation of Florida law and the Florida Constitution, but also a threat to everyone's fundamental right to privacy," Black said in a statement Monday.
Black and Limbaugh have argued that the investigation is politically motivated - a charge that prosecutors deny. Black says the records would only prove Limbaugh suffered from a serious medical problem and was prescribed painkillers.
Limbaugh admitted his addiction in October, saying it stemmed from severe back pain. He took a five-week leave from his radio show to go through rehabilitation.
