TALLAHASSEE, FL --- Today, the ACLU of Florida and Southern Legal Counsel filed a joint lawsuit against the Agency for Health Care Administration (AHCA) to halt the State of Florida’s unconstitutional misinformation campaign against Amendment 4 in the upcoming Nov. 5, 2024, election. The lawsuit seeks to block AHCA’s dissemination of false and misleading information aimed at swaying voters and undermining the democratic process, all while dismissing the fact that Florida’s extreme abortion ban puts women’s lives at risk.
The complaint alleges that AHCA’s website, television, and radio advertisements contain inflammatory, false, and misleading statements that misrepresent Amendment 4, attempt to deny the experiences of those harmed by the extreme ban, and seek to influence the outcome of the election. AHCA’s urging of voters to oppose an amendment proposed by its citizens through such a misinformation campaign violates the Florida Constitution and unlawfully interferes with the right of Floridians to propose amendments through the ballot initiative process in an attempt to prevent voters from having a say in overturning Florida’s extreme abortion ban. Further, this campaign silences the experiences of many Florida women who have been unable to access the critical care they need to address serious health risks or after being the victims of rape.
Amendment 4 seeks to protect Floridians’ access to abortion by ensuring no laws prohibit, penalize, delay, or restrict abortion before viability, or when necessary to protect the health of the patient. The Florida Supreme Court approved the proposed amendment for the ballot in April 2024, and since that time, the state has spent months trying to interfere with Floridian’s ability to vote on this amendment. Now, despite multiple media reports of pregnant women facing horrific and life-threatening circumstances due to the state’s extreme abortion ban, AHCA launched an aggressive, taxpayer-funded media campaign that distorts the facts of the ban and the amendment and spreads false information about Amendment 4’s implications.
The complaint also points out that Florida law prohibits public officials and employees from participating in political advocacy while on duty. “Through the dissemination of misinformation through its website, radio spot, and television advertisement, Agency employees and officials have violated various provisions of state law and, accordingly, these political advertisements constitute unfair use of the Agency’s power and the public funds and resources entrusted to it,” the complaint states.
Michelle Morton, staff attorney for the ACLU of Florida:
“Florida’s government has crossed a dangerous line by using public resources to mislead voters and manipulate their choices in the upcoming election. The State cannot justify its current abortion ban and its dire impacts on Florida’s voters, so instead it is attempting to undermine the political power of the people enshrined in Florida’s Constitution. This lawsuit aims to stop these unconstitutional efforts and restore integrity to our electoral process. The state’s actions are designed with one goal in mind: to take attention away from the women in Florida currently suffering from a lack of healthcare access in our state. The ACLU of Florida will continue to fight to ensure that voters have access to accurate information as they make critical decisions in the 2024 general election.”
Daniel Marshall, attorney for Southern Legal Counsel:
“The people of Florida have the right to propose constitutional amendments without the government misusing its authority and resources to spread misinformation about them. The state’s tactics, under the guise of healthcare transparency, are an egregious violation of those rights.”
The lawsuit requests that the court declare AHCA’s campaign a violation of Floridians’ rights and to order the removal of the misleading materials from AHCA’s platforms. It also seeks an emergency temporary injunction to prevent the State from further using public funds to promote false information about Amendment 4 in the future.
A copy of the complaint and motion for temporary injunction can be found here.
