Florida Lawyer Sues DeSantis, Moody, and Weida Over Amendment 4

Florida Lawyer Sues DeSantis, Moody, and Weida Over Amendment 4

Liv Caputo
Liv Caputo
|
September 10, 2024

TALLAHASSEE, FL—A Florida lawyer has filed a lawsuit against Gov. Ron DeSantis, Attorney General Ashley Moody, and the head of a state health agency for "interfering with the election for Amendment 4".

Adam Richardson, a lawyer from Lake Worth, is asking the Florida Supreme Court to issue writs of quo warranto and mandamus to DeSantis, Moody, and Jason Weida, the Secretary of the Agency for Health Care Administration. He asks that the Court order the respondents to do their jobs and look into whether they have the authority to host faith meetings against Amendment 4 and run a controversial taxpayer-funded website opposing Florida's abortion amendment.

"The secretary, the governor, and the attorney general have acted and are acting in excess of their lawful authority," the 20-page petition reads. "[They] are using their official authority or influence for the purpose of interfering with the election for Amendment 4."

"The Legislature explicitly denied them the authority to do what they are doing," Richardson added, citing a total of five articles of the Florida Constitution, one chapter of Florida statute, and 32 past cases.

He pointed out that on Sep. 5, DeSantis' office sent out an email on behalf of his Faith and Community Initiative to "Florida's Faith and Community Leaders" inviting them to a Leader Call this Thursday, titled "Your Legal Rights & Amendment 4's Ramifications." Moody is scheduled to speak at the event.

Richardson argues that because both DeSantis and Moody are state officers who are publicly opposed to Amendment 4—and are organizing an Amendment 4-centric event—he believes they are abusing their authority to influence the vote on the amendment, which will be on the November ballot.

Weida, Richardson argues, is also a state officer. Under his authority, the Agency for Health Care Administration (AHCA) last week created a website begging Floridians not to "let the fearmongers lie to you" and claiming that "Amendment 4 threatens women's safety." One of the seven sections juxtaposes the amendment's "facts" and "myths", insisting: "We must keep Florida from becoming an abortion tourism destination state,"—a popular phrase used by the DeSantis administration.

Though Democrats pointed out that Florida statute bans state employees from participating in political campaigns while on duty and from using their authority to influence an election, DeSantis and Republicans have insisted that the website is only documenting information on Florida's abortion laws. DeSantis also accused Democrats of "lying" about the topic.

Amendment 4 would legalize abortion until fetal viability—around 24 weeks—in the state constitution if 60% of voters approve the measure on Nov. 5

"I respectfully ask the Court to issue a writ of quo warranto...forbidding them from misusing or abusing their offices to interfere with the election for Amendment 4, and to unravel whatever actions they have already taken to do so," Richardson concluded, asking that the Court prevent the respondents from "acting in ways" that may "interfere" with the writs.

This story is developing...

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Liv Caputo

Liv Caputo

Livia Caputo is a senior at Florida State University, working on a major in Criminology, and a triple minor in Psychology, Communications, and German. She has been working on a journalism career for the past year, and hopes to become a successful reporter after graduation. Her work has been cited in Fox News, the New York Post, and the Daily Mail

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