Palomar Health free speech lawsuit dismissed

A free speech rights lawsuit filed against Escondido, Calif.-based Palomar Health was dismissed by a federal judge due to the case not having legal standing, The San Diego Union-Tribune reported May 13. 

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A member of Palomar Health’s Board of Directors, Laurie Edwards-Tate, filed a lawsuit against Palomar in November alleging that the hospital tried to stop her from speaking by threatening to punish her after she voiced worries to the local media about a new terms-of-use statement on Palomar’s website. 

Ms. Edwards-Tate requested an injunction, pointing out that her colleagues had already criticized her for her remarks. However, Palomar’s legal team pointed out that the board had decided not to pursue any sanctions, which could include measures like removing committee roles or halting reimbursements for travel expenses.

Because of this, U.S. District Judge Todd Robinson found that Ms. Edwards-Tate did not have sufficient legal standing to pursue the case. Mr. Robinson said Ms. Edwards-Tate hadn’t actually faced any punishment or penalty for what she said. She only received a warning about the possibility of being punished, but no action was taken against her.

“(Edwards-Tate’s) other allegations, coupled with evidence regarding (Palomar’s) subsequent actions, show that she no longer has an ‘actual or well-founded fear’ of other sanctions being enforced against her,” Mr. Robinson wrote in a 46-page order.

According to the publication, Palomar issued a statement calling the order a “judicial rebuke.”

“In light of the significant costs and unnecessary embarrassment Ms. Edwards-Tate already has imposed on Palomar, and the court’s repeated recognition that her case lacks merit, Palomar Health hopes these rulings end the matter once and for all,” the statement reads.

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