Local Abortion Ban Not Allowed In Manatee County: FL Attorney General’s Office

MANATEE COUNTY, FL — The Manatee County Board of County Commissioners isn’t allowed to move forward an ordinance banning abortions and abortion clinics within county limits, according to the office of Attorney General Ashley Moody.

“The county is not authorized to adopt an ordinance regulating (other than reasonable zoning ordinances) or banning such clinics because such an ordinance would be preempted by Florida law,” Charles M. Trippe, Jr., general counsel for the attorney general’s office, said in a letter written Thursday. (Read his full legal opinion below.)

The legal opinion was received by Manatee County Attorney William Clague’s office Monday.

Commissioner James Satcher, a conservative minister, initially brought his pro-life initiatives inspired by Texas' so-called "Heartbeat Bill" before the county board in June.

In a 4-3 vote at its Sept. 14 meeting, commissioners narrowly approved seeking legal advice from Moody on establishing local abortion restrictions in the county.

In the letter, penned by Satcher, he wrote that the county commissioners "have a desire to establish Manatee County as a 'Safe Haven' for developing children who are inside their mother's womb."

There are currently no abortion clinics located in the county.

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Trippe, in his response, also referenced a proposed statewide abortion ban proposed by the state legislature that it “has not yet adopted, an amendment to that chapter that would expressly address the local government regulation of abortion.”

He added that Manatee County commissioners “may wish to consider the effect of this proposed legislation on the issue you have raised and revisit the question after the legislature has considered the proposal.”

In a statement, the Women’s Voices of SW Florida, a group that has protested the proposed local abortion ban at commission meetings in recent months, said that it’s “excited…that Manatee County is not authorized to adopt an ordinance regulating or banning clinics that provide abortion services, because such an ordinance would be preempted by Florida law. We would like to thank Attorney General Ashley Moody for upholding the integrity of our U.S. Constitution, and for respecting her responsibility to her constituents.”

The group plans to travel to Tallahassee in January to protest the legislature’s proposal for a statewide abortion ban.

“Despite this victory against this draconian legislation, our work is not done. As long as elected officials work outside of the boundaries of their duty as public servants, we will be organizing in the defense of our constitutional and God-given rights,” the group said.

Patch has reached out to Satcher for comment on the response from Moody’s office.

Read the full legal opinion from Attorney General Ashley Moody's office: