FSC: When the government comes a knockin’, sometimes, you can send them walkin’

Diane Duke

Understand your rights! Last month, the Free Speech Coalition was informed that agents of the Los Angeles County Department of Public Health, at least one occasion, appeared at the home of an adult industry performer asking that the model immediately provide a blood sample. The L.A. County Department of Public Health agents offered no court order or other lawful justification for this shocking intrusion into fundamental civil rights.

This is not the first time that the L.A. County Department of Public Health has reportedly acted under color of law without any legal authority. In a previous incident, agents reportedly claimed to have authority from the United States Justice Department to seize 2257 records, authority that has not been documented and is almost certainly false.

If the county shows up at your home asking for an immediate blood sample without a court order, you are WELL within your rights to say “No.”

CalOSHA has also showed up at the offices of a number of production companies demanding 2257 records. They also claim to be acting with the permission and authority of the federal government. To date, no official documents have been produced to substantiate these claims.

You are not a serf living under the whims and dictates of a feudal Los Angeles County Department of Public Health or CalOSHA. You can and should ask for a written list of any demand and the authority for those demands. Know your rights and protect yourself. Overzealous and unscrupulous government bureaucrats count on the average citizen and/or business person to NOT understand their rights and they then proceed to walk all over them.

If someone from CalOSHA shows up at your door with a list of demands, be respectful and ask for them to give you the list of their demands in writing. Tell them that it will take a day to get the materials together, and then call your attorney and send that list to him or her. Your attorney can tell you what you are required to provide to CalOSHA AND what your next steps should be.

If the county shows up at your home asking for an immediate blood sample without a court order, you are WELL within your rights to say “No.”

Although the Free Speech Coalition cannot provide legal advice, we urge any person to seek legal counsel before consenting to such lawless violations of medical privacy and Fourth Amendment rights.

If you don’t have an attorney and the County or CalOSHA come to your door, FSC can refer you to someone who specializes in those issues.

If you are an adult business and CalOSHA has asked you to provide your 2257 records to them, or if you are a performer and the county health department has violated your privacy or come to your home asking for a blood sample, please contact me (Diane Duke) at diane@freespeechcoaltion.com or call the office at 818-348-9373.

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