An attorney for the administration of Florida Gov. Ron DeSantis has indicated that legal action is on the table following the airing of a TV ad promoting the state's abortion access ballot initiative, Politico reported on Tuesday.
If passed, the much-debated Amendment 4 aims to limit government interference with abortion and specifies that "No law shall prohibit, penalize, delay, or restrict abortion before viability or when necessary to protect the patient's health, as determined by the patient's healthcare provider."
The commercial in question references a woman with a terminal illness who is also carrying a child. The ad says that under the state's current six-week abortion ban, the woman would not be able to have an abortion. "The doctors knew that if I did not end my pregnancy, I would lose my baby, I would lose my life, and my daughter would lose her mom," the woman says in the ad. "Florida has now banned abortions, even in cases like mine."
The Florida Department of Health, which is under the authority of the governor's office, has argued the ad to be an "unsanitary nuisance," which is a second-degree misdemeanor crime. Brian Barnes, attorney for the state's DOH, said during a Tuesday hearing that the ad could stop mothers from seeking emergency care due to confusion about the state's six-week ban on abortion.
Barnes opened his argument on behalf of the state by offering a hypothetical situation where a political candidate falsely told the public a competitor fired all 911 operators and they could no longer call for emergency help, creating a public safety disaster. The state claimed the ad was designed to lead women into believing that they couldn't get abortions in the event of health complications.
The state responded by sending letters to TV stations demanding the ad be pulled. The campaign for Amendment 4 promptly filed a lawsuit saying the letters were a violation of the First Amendment. Last week, Judge Mark Walker of the U.S. District Court for the Northern District of Florida issued a temporary restraining order blocking the state from sending the letters.
Late Tuesday, Walker extended the order against the DeSantis administration saying that he needed more time before ruling on a preliminary injunction. Lawyers representing Floridians Protecting Freedom wrote in their request that the Florida DOH "concedes that it is 'currently unaware of any that has arisen' as a result of the ad."
On Monday, a survey conducted by St. Pete Polls showed that while 54% of voters support the measure, the ballot needs 60% to pass.