You Can Help STOP AB602 & AB1720

AB602

Overview

This was an education bill that passed the Assembly before the new legislative deadline and then was gutted and amended with new legislation aimed at Pregnancy Centers and the advertising practices we use. The assumption by the author of the bill is that California Pregnancy Centers use deceptive advertising practices to “lure” women who are seeking abortion services. The terminology used is exceptionally vague. with a lot of the details undefined. It will open the door for anyone (client of not) to sue Pregnancy Centers for personal losses. These would not be criminal in nature, but civil. The result is AB602 opens Pregnancy Centers up to frivolous lawsuits. If PCC’s were using deceptive practices, the existing false advertising laws would apply. The reality is, there are people who want to see Pregnancy Centers silenced, and will use any means necessary… even filing frivolous lawsuits. Read the bill and track its progress here:

Direct Context

You should know the Pregnancy Care Clinic using keywords like “abortion” and “birth control” on Google because the services we offer are related. Our website is clear that we do not provide or refer for abortion. This practice is not a deception, it is standard in advertising to get your competing message across. Keyword advertising on Google is the #1 method for advertising across the board. Anyone using this system must identify keywords that will trigger their ads. Google requires that the keywords you choose must be relevant to the services offered. If they are irrelevant, Google will limit the number of times the ad will appear. PCC advertising on the keyword “abortion” because our services are related and relevant to those who might consider it. In the same way, Planned Parenthood advertises using the keywords “Pregnancy Center” and “adoption services”. Planned Parenthood is not a Pregnancy Center, but they want their ad to appear whenever a person searches for a pregnancy center.

Wider Context

I recall in my youth seeing ads for 7Up. They called themselves the “UnCola”. It would be absurd to think 7Up was being deceptive by using the word “Cola” in their ads. Likewise, Pregnancy Care Clinic is an alternative to abortion, and we need to advertise that alternative.

A nearly identical bill was struck down in Illinois this month.  The Thomas More Society brought the challenge to U.S. District Judge Iain Johnson who determined in his 14 page response that the law is, “painfully and blatantly a violation of the First Amendment.” Judge Johnson was appointed in 2020 by President Trump. He referenced Justice Scalia in his brief stating, “Justice Scalia once said that he wished all federal judges were given a stamp that read ‘stupid but constitutional,’” Johnston wrote. “SB 1909 is both stupid and very likely unconstitutional.” He went even further in our favor by referencing PCC’s victory over AB775 in the NIFLA vs. Becerra Case characterizing the law as, “likely classic content and viewpoint discrimination prohibited by the First Amendment.” Thomas More Society report states, “SB 1909 targeted pregnancy help ministries by labeling their constitutionally protected speech—but not abortion facilities’ speech—as so-called “deceptive business practices.” It openly targeted alleged pro-life “misinformation” on the basis that pro-life views conflict with Illinois’s rampant pro-abortion ideology. But in doing so the law ran headlong into bedrock protections of the First Amendment, which prohibit government from cutting off one side of ongoing controversies by censoring speech with which it disagrees, and from discriminating against religiously motivated speech. One would hope California would use sound judgment and abandon a proposed law where other States have had the same struck down.

But this is California, and our legislature doesn’t mind handing Pro-Life attorneys millions of dollars in litigation costs.

The Dirty Secret about California AB602:

The California Legislature wants to restrict our alternative message, because Planned Parenthood contributes to the majority’s re-election campaign, and they lobby in Sacramento heavily to restrict their competition.

You can help stop AB602

The Senate has until August 31st to move bills with a financial impact out of the financial committees. Then the bill must move through the Senate floor by mid September before the Assembly and Senate adjourns for the legislative year.

  • Submit a position letter to you State Senator and State Assembly-member. See Below for instructions.
  • Call your State Senator and Assembly-member to voice opposition.

AB1720

This is yet another gutted and amended Education bill that was aimed at harming pregnancy centers. Read the Bill here. This bill claims there are Unlicensed Pregnancy Centers in California that are offering non-diagnostic ultrasounds. The law sets about specifying what kind of facility or environment is allowed to perform ultrasound examination.

  • Licensed clinics
  • Outpatient settings
  • Licensed Health Facilities
  • County medical facilities
  • Hospitals
  • Professional Medical Corporations
  • Entertainment ultrasound facilities as long as they post disclaimers, and that is the sole service they offer

The sole practice is specifically left out of the approved facilities. This means the Private Practicing ObGyn will no longer be able to provide ultrasound services in their facility or face a steep fine for each ultrasound they perform! Is Your ObGyn affected by this law? as things sit now, or new clinic in Santee is affected by this law along with about 4 other pregnancy centers in California who operate with a physician practicing as a sole proprietorship inside the center.

PCC has lobbied Sacramento for an amendment to include the sole practice in the approved list. Ultrasound is a diagnostic tool and should not be used outside a clinical setting. AB1720 puts the government in the way of a physician’s judgement and diagnostics. This bill will also slow access to medically necessary diagnostics for healthy pregnancy. It will delay care since a stand alone ObGyn will have to send their clients to an imaging centers that are already experiencing long waits.

The Dirty Secret about California AB1720:

The California Legislature wants to nudge medical providers out of sole practice and into medical provider groups. The sole practicing doctor has broad judgment in medicine and few regulations. but groups and the other included in the approved list have more regulation, and are more beholden to Medi-Cal billing policy. This kind of nudging is happening across the medical and dental community.

You can help stop AB1720

The Senate has until August 31st to move bills with a financial impact out of the financial committees. Then the bill must move through the Senate floor by mid September before the Assembly and Senate adjourns for the legislative year.

  • Submit a position letter to you State Senator and State Assembly-member. See Below for instructions.
  • Call your State Senator and Assembly-member to voice opposition.
  • Call your ObGyn and ask them if they are aware of AB1720 and how it can affect them. They would have the loudest voice in Sacramento to defeat this bill.

How to Submit Position Letter

Create an account with the position letter portal: The California Legislature will only accept letters received through an online portal system called California Advocates.

  • Create an account here, if you do not already have one.
  • Follow the prompts and fill out the necessary information to set up your account.
  • Once you’ve set up your account please follow the steps below to begin the letter submission process.

Create a letter of opposition: There is a sample letter on the next page for your reference. Please place the content of the sample letter on your own organizational letterhead, include a signature, and tailor as desired to reflect the perspective of your organization and/or why this bill is necessary. Personal stories are important!

Submit a letter of opposition. Once signed into the portal:

  • Select the “Submit a Letter” (top left corner).
  • Enter the bill number (AB 602) and session type (Regular). Select “Search.”
  • Ensure that the proper bill has populated and select “Next.”
  • On the “Submit Letter as” page, either select or enter your organization.
  • Ensure that Senate Health Committee is selected. This will ensure that the appropriate legislative staffer will receive a copy of your letter. Select “Next.”
  • Upload your letter, select “Oppose” under “Stance,” and enter a subject line. The letter should be in your own words. use the content above to draft your own. 
  • You will be prompted to a final “Review Your Submission” page where you can make sure the information you entered is accurate.
  • Once you’ve done so, select “Submit.”

You’re done!