ACLU defends Limbaugh's prescription drug privacy

WEST PALM BEACH, Fla. -- Rush Limbaugh and the American Civil Liberties Union don't agree about much, but they are in accord on at least one matter -- that the conservative radio commentator's medical records should be off-limits to prosecutors.

The Florida ACLU filed court 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," Howard Simon, executive director of the ACLU of Florida, said in a statement. "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."

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.

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. Limbaugh has not been charged with a crime.

Prosecutors say they cannot continue their investigation until they review Limbaugh's medical records, which have been sealed since Dec. 23.

Limbaugh's attorneys have asked the 4th District Court of Appeal to keep the medical records sealed past a Jan. 23 deadline set by the Palm Beach Circuit Court.

Investigators went after the records 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's former maid told investigators she had been supplying him prescription painkillers for years.

Limbaugh attorney Roy Black said the issues in the case affect all Floridians, whatever their political bent.

"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 condition 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 afternoon radio show to enter a rehabilitation program.

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On the Net:

ACLU of Florida: www.acluffl.org

Limbaugh: www.rushlimbaugh.com