Florida Ballot Measure Coalition Sues State Health Department Over Abortion Rights Ad

The coalition supporting a Florida ballot measure to enshrine abortion rights in the state constitution has filed a lawsuit against the state’s health department for attempting to block a television advertisement endorsing the measure. The lawsuit, brought by Floridians Protecting Freedom (FPF), is the latest move in a heated standoff between the coalition and Florida’s right-wing government. Civil rights groups, fair election advocates, and even the Federal Communications Commission (FCC) have raised alarms over potential state interference with the November ballot initiative.

The Controversial Advertisement

Earlier this month, the Florida Department of Health issued cease-and-desist letters to local TV stations over an ad featuring a woman named Caroline from Tampa. Caroline shares her experience of being diagnosed with brain cancer during pregnancy, explaining that doctors advised her to terminate the pregnancy to save her life. “Florida has now banned abortion even in cases like mine,” she states in the ad.

The cease-and-desist letters, signed by John Wilson, general counsel for the Florida Department of Health, claimed the ad’s assertions were “categorically false” and warned that media outlets airing the ad could face criminal prosecution. Wilson left his position shortly after sending the letters, and according to the lawsuit, at least one television station stopped running the ad.

Abortion Ban and Legal Gray Areas

Florida’s current six-week abortion ban allows the procedure in cases of medical emergencies. However, many doctors across the country argue that the law’s wording is vague, leaving physicians hesitant to perform life-saving abortions until a patient’s condition worsens. Recently, a New York doctor reported treating a woman with an ectopic pregnancy—a life-threatening condition—who had been turned away by a Florida hospital.

Should the ballot measure succeed, it would require 60% voter approval and would overturn Florida’s existing abortion restrictions, restoring broader access to abortion in the state.

Legal and Political Tensions

Lauren Brenzel, the campaign director for the ballot measure, condemned the state’s actions, labeling them “unconstitutional government interference.” She added, “The state cannot coerce television stations into removing political speech from the airwaves in an attempt to keep their abortion ban in place.”

In recent weeks, Florida’s government, under Republican Governor Ron DeSantis, has ramped up its efforts to undermine the measure. State law enforcement has initiated investigations into individuals who signed petitions supporting the ballot initiative, while the state’s healthcare administration launched a website aimed at discrediting the amendment. Floridians Protecting Freedom sued to have the website taken down, but a judge allowed it to remain online.

Moreover, Florida’s Office of Election Crimes and Security accused FPF of submitting fraudulent petitions, a claim that Brenzel dismissed as a “dishonest distraction and desperate attempt to silence voters.”

The Lawsuit

Floridians Protecting Freedom filed its lawsuit in the U.S. District Court for the Northern District of Florida. The suit seeks to declare the cease-and-desist letters unconstitutional, arguing they amount to coercion and viewpoint discrimination. The lawsuit also seeks to prevent the state from prosecuting media outlets that choose to air the ad.

The lawsuit names both John Wilson and Florida Surgeon General Joseph Ladapo as defendants. The Florida Department of Health has yet to respond to the lawsuit.

A Pivotal Ballot Measure

Florida is one of 10 states with abortion-related measures on the ballot this year. Florida’s ballot measure stands out due to the state’s recent role as a southern haven for abortion access following the U.S. Supreme Court’s 2022 decision to overturn Roe v. Wade. Florida’s six-week abortion ban took effect earlier this year, but the November vote could reverse these restrictions if the measure garners sufficient voter support.

With campaigns intensifying on both sides, the November ballot is expected to become a high-profile national showdown over abortion rights.