Headquarters of Netflix, in Los Gatos, California. Photo: Jason Doiy/ALM

With the filing of the first lawsuit against the state of Georgia over its “heartbeat” abortion law, entertainment companies continue to threaten a possible boycott of the state despite whatever financial or legal issues that might cause.

Lawyers with the American Civil Liberties Union, Planned Parenthood and the Center for Reproductive Rights filed suit June 28 in U.S. district court in Atlanta, challenging the law that would make abortion illegal in the state at the time of a fetal heartbeat, usually about six to eight weeks into a pregnancy. The law goes into effect Jan. 1.

California-based Netflix Inc. told Corporate Counsel that general counsel David Hyman was not doing interviews on the topic. But the company confirmed that its chief content officer, Ted Sarandos, earlier issued a statement saying it would work with the ACLU to fight it.

The statement said, “We have many women working on productions in Georgia, whose rights, along with millions of others, will be severely restricted by this law. It's why we will work with the ACLU and others to fight it in court. Given the legislation has not yet been implemented, we'll continue to film there—while also supporting partners and artists who choose not to. Should it ever come into effect, we'd rethink our entire investment in Georgia.”

A number of actors, producers and directors have also threatened not to work in Georgia if the law is upheld.

At AMC Networks Inc., general counsel Jamie Gallagher was not available. But the company told Corporate Counsel: “If this highly restrictive legislation goes into effect, we will reevaluate our activity in Georgia. Similar bills—some even more restrictive—have passed in multiple states and have been challenged. This is likely to be a long and complicated fight and we are watching it all very closely.”

WarnerMedia said general counsel Jim Meza was traveling and unavailable for comment. The company issued this statement: “We operate and produce work in many states and within several countries at any given time and while that doesn't mean we agree with every position taken by a state or a country and their leaders, we do respect due process. We will watch the situation closely and if the new law holds we will reconsider Georgia as the home to any new productions. As is always the case, we will work closely with our production partners and talent to determine how and where to shoot any given project.”

Sony Pictures Entertainment Inc. offered a statement saying it was considering its options. General counsel Leah Weil was not available, but a spokesperson issued this statement: “The outcome of the Georgia 'heartbeat law,' and similar proposed legislation in other states, will be determined through the legal process. We will continue to monitor that process in close consultation with our filmmakers and television showrunners, talent and other stakeholders as we consider our future production options.”

Walt Disney Co. and its general counsel, Alan Braverman, did not return a message seeking comment. But Disney CEO Robert Iger recently told Reuters he had doubts the company would continue production in Georgia if the ban goes into effect.

“I think many people who work for us will not want to work there, and we will have to heed their wishes in that regard. Right now we are watching it very carefully,” Iger told Reuters.

Several smaller production companies have also said they would not film there.

The possible boycott could hurt the state economically as filmmaking is one of its top five industries, with over 90,000 employees. The state offers huge tax incentives to lure production companies, who also support other industries, such as restaurants and housing.

Sean Young.

The June 28 lawsuit was signed by Sean Young, legal director of the ACLU Foundation of Georgia. In a statement, Young said, “This legislation is blatantly unconstitutional under nearly 50 years of U.S. Supreme Court precedent. Politicians should never second guess women's health care decisions.”

Eight other states have also passed laws with differing restrictive bans. None have yet gone into effect, and abortions remain legal in all 50 states.

Louisiana, Kentucky, Mississippi and Ohio passed six-week bans; Missouri passed an eight-week ban; and Utah and Arkansas passed 18-week bans. Most have been challenged in court.

Alabama passed the most restrictive law in May, permitting abortions only if the mother's life is at risk or if the fetus cannot survive.

That law led to a rift between the University of Alabama and a major donor, Miami attorney Hugh Culverhouse Jr., who had pledged $26.5 million to the law school that was named for him last September.

Culverhouse had urged students to boycott the university in an effort to pressure state lawmakers to retract the law. The university said it has nothing to do with the new law and offered to return his money.