Gabrielle Russon
The Florida Supreme Court denied a petition that accused Gov. Ron DeSantis and other state leaders of abusing their power to interfere with the Amendment 4 abortion rights initiative.
Palm Beach County lawyer Adam Richardson filed his petition against the Agency for Health Care Administration (AHCA) after a state website began attacking Amendment 4, claiming it was harmful to women and kids.
Richardson asked the state’s highest court to intervene and accused DeSantis, Attorney General Ashley Moody and AHCA Secretary Jason Weida of personally getting involved to fight against Amendment 4.
“All this, Petitioner says, runs afoul of a law limiting the political activities of state, county, and municipal officers and employees,” the Florida Supreme Court said in the new opinion released as the state was reeling from Hurricane Milton.
But the court rejected Richardson’s petition, saying he “seeks relief far afield of the traditional scope of mandamus. He challenges a fundamentally discretionary exercise of executive power on the ground that it transgresses a criminal or regulatory prohibition.”
“He has established no clear legal right as to which he can insist that any Respondent has failed in his or her duty to perform, and, in light of the statutes providing for criminal prosecution or civil enforcement, cannot show that there is no other remedy for the alleged wrong,” the Court continued.
The Florida Supreme Court declined to say whether the state’s constitutional officers were immune or have special privilege from the law that prevented state officials from trying to influence the election.
Earlier, Moody urged the state Supreme Court to reject Richardson’s request.
Richardson “is free to disagree with the content of the webpage, but he has no right to silence Respondents from voicing their serious concerns about the proposed amendment and the misinformation spread by its proponents. Respondents in fact have a duty to inform the public about those concerns.” Moody wrote in a Sept. 23 response.
A Leon Circuit Court Judge already ruled that the state’s website could remain up earlier this month.
The Florida Supreme Court’s ruling comes after the Department of Health sent cease and desist letters to TV stations last week warning they were at risk for criminal prosecution if they played Amendment 4 ads. The Federal Communications Commission issued a rebuke, warning that Florida threatening the stations is a violation of the First Amendment.
