Filed Date: June 10, 2022
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On June 10, 2022, Generation to Generation, a South Florida synagogue, filed this lawsuit in the Second Circuit of the State of Florida in and for Leon County, Florida. Plaintiff sued the state of Florida on state constitutional claims to challenge HB 5, a state law criminalizing the provision of abortion care after fifteen weeks from an individual's last menstrual period. The complaint alleged that this ban on pre-viability abortions violated the Florida Constitution's rights to privacy, religious freedom and separation of church and state, due process and equal protection. The synagogue argued that in Jewish law, "abortion is required if necessary to protect the health, mental or physical well-being of the woman." Plaintiff sought declaratory judgment as well as temporary and permanent injunctive relief.
On June 16, 2022, plaintiff filed an emergency motion for temporary injunctive relief and for declaratory judgment declaring HB 5 invalid, unconstitutional, and unenforceable. That same day, plaintiff also filed an amended complaint, which added Florida's Religious Freedom Restoration Act as a fifth count. Additionally, on that day, plaintiff filed an emergency motion to consolidate this case with Planned Parenthood of Southwest & Central Florida v. Florida, a lawsuit filed by Planned Parenthood on June 1, 2022, challenging HB 5 as a violation of Florida's constitutional right to privacy.
The next day, Judge Layne Smith denied the motion to consolidate, calling it premature and unfair to the Planned Parenthood parties who already had a hearing scheduled regarding their motion for a temporary injunction. Following the Planned Parenthood hearing, the judge in that case, Judge John Cooper preliminarily enjoined HB 5 on July 5.
On August 9, 2022, the plaintiff in this case again filed a complaint for declaratory relief and for temporary and permanent injunction declaring HB 5 invalid, unconstitutional and unenforceable. The Plaintiffs also filed a series of emergency motions, which the court deemed non-emergency on September 15.
On October 7, 2022, the plaintiff filed a second amended complaint. The plaintiff then re-filed an emergency motion for declaratory and injunctive relief. On October 10, the Court ruled again that plaintiff's motion was deemed non-emergency and ordered plaintiff's to show cause why the motion should not be stayed pending the outcome of the Planned Parenthood litigation.
On December 12, 2022, the court again denied plaintiff's emergency or expedited treatment, and then further denied plaintiff's motion for reconsideration on January 31, 2023. On March 16, the Judge once again declared the case non-emergency.
Following a hearing on April 4, 2023 to discuss defendants' motion to dismiss the second amended complaint and plaintiff's motion to compel the taking of deposition of Florida Governor Ron DeSantis, the Court decided on April 11 to grant defendants' motion to dismiss plaintiff's second amended complaint, explaining it was a procedurally defective "shotgun pleading" and dismissed defendants Governor DeSantis and Florida Attorney General Moody with prejudice. The Court also dismissed the second amended complaint without prejudice, and granted plaintiff leave to file a third amended complaint by May 11, 2023. All pending motions were mooted.
As of April 17, 2023, the plaintiff had not filed a third amended complaint, but until the deadline expires, the case is ongoing.
Michelle Wolk (8/8/2022)
Nina Leeds (4/10/2023)
Marsh, James (Florida)
Smith, Layne (Florida)
Daniel, Uhlfelder W. (Florida)
Silver, Barry M. (Florida)
Stafford, William Henry (Florida)
Last updated Aug. 30, 2023, 1:48 p.m.Docket sheet not available via the Clearinghouse.
State / Territory: Florida
Filing Date: June 10, 2022
Case Ongoing: Yes
A South Florida synagogue
Public Interest Lawyer: No
Filed Pro Se: No
Class Action Sought: No
Class Action Outcome: Not sought
Causes of Action:
Prevailing Party: Defendant
Nature of Relief:
Source of Relief:
Affected Sex or Gender: