Court: S.F. can ban false ads by pregnancy center

A federal appeals court on Tuesday upheld a San Francisco ordinance that sought to halt deceptive marketing practices by organizations that claim to offer a variety of pregnancy-related services and counseling, but focus instead on dissuading women from pursuing abortions.

The ordinance, introduced in 2011 by Supervisor Malia Cohen, targeted facilities that falsely advertised a range of clinical services for women facing pregnancy — including pregnancy tests and ultrasounds — as a way to steer them toward options other than abortion. A similar state law, introduced by Assemblyman and former San Francisco Supervisor David Chiu, D-San Francisco, took effect in 2016.

First Resort, a group with the stated goal of building “an abortionfree world,” sued the city, saying the ordinance’s efforts to tamp down its advertising and marketing practices are a violation of its free speech rights.

The Ninth U.S. Circuit Court of Appeals in San Francisco disagreed, saying that the ordinance did not “discriminate based on the particular opinion, viewpoint, or ideology of First Resort” and similar so-called limited-services pregnancy centers.

“False and misleading advertising by clinics that do not provide abortions, emergency contraception, or referrals to providers of such services has become a problem of national importance,” the court added.

“First Resort has always upheld the highest standards of integrity and truthfulness with its clients and the public. This legislation isn’t about consumer protection, it’s a misplaced ideological attack,” a company spokesperson said in a statement, adding that further appeal is a possibility. “We’re pleased that the court took a strong stand against the insidious and deceptive practices of so-called crisis pregnancy centers,” City Attorney Dennis Herrera said in a statement. “These groups are entitled to be advocates, but they’re not entitled to break the law.”