Laurie Edwards-tate v. Palomar Health District

Case overview

August 2023, the Palomar Health administration changed its website access controls. Before being able to view website content, a user has to agree to terms of use that waive privacy rights, waive the right to participate in a class action lawsuit, and agree to arbitration.

Director Edwards-Tate told a local news reporter in a personal capacity that she had concerns about the terms of use. Specifically, stating that they inappropriately restricted public access to the Palomar Health website.

Ms. Edwards-Tate is a public official who obtains rights under the First Amendment and California Constitution to convey these concerns to her constituents. Ms. Edwards-Tate argues that she has a moral obligation as an elected official to serve her constituents by making them aware of her concerns about what is being done with their tax dollars.

This expressed opinion was contrary to hospital administration’s desired messaging. Subsequently, counsel for the hospital emailed Director Edwards-Tate recommending she be investigated for her public comments to her constituents that were not “coordinated” with the hospital’s legal counsel and media relations team.

Ms. Edwards-Tate believes that she has a moral obligation as an elected official to serve her constituents properly by making them aware of her concerns about what is being done with their tax dollars.

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