South Dakota sues Mayday Health over gas station abortion ads

South Dakota Attorney General Marty Jackley has asked a court to place either a preliminary or permanent injunction against Mayday Health to compel the pro-abortion organization to remove its gas station ads promoting abortion pills in the state.

Key Takeaways:

• South Dakota AG Marty Jackley has sued Mayday Health for refusing to take down billboards advertising the abortion pill.

• Chemical abortions are illegal in the state.

• Mayday Health says its billboards are protected under the First Amendment right to free speech; South Dakota officials disagree.

The Backstory:

Earlier this month, AG Jackley issued a "cease and desist" letter to Mayday Health, which had begun promoting the abortion pill via ads placed at gas stations throughout the state. The ads, which say, “Pregnant? Don’t want to be?” shared Mayday's website, where visitors find recommendations for five mail-order abortion businesses from which they can order abortion pills. In his letter, Jackley noted that because the abortion pill is illegal in the state, the ads are deceptive.

“Your advertisement directs South Dakota consumers to resources that insinuate abortion-inducing pills are legal in South Dakota, while also urging women not to seek medical care after taking abortion pills and to keep their abortion a secret,” Jackley wrote in his letter.

Earlier this month, Mayday Health confirmed to Live Action News that the billboards were running at 14 locations in the state. However, according to Jackley's office, there are now only two locations, in Brookings and Vermillion, that are running the advertisements.

The Details:

Despite Jackley's warning, Mayday Health continued its ad campaign, leading Jackley to file an official complaint in court on December 23.

In the complaint, Jackley contends that an investigation into Mayday Health revealed a “plethora of deceptive acts and practices, false pretense, false promises, or misrepresentations, and the concealment, suppression, or omission of material facts in connection with the advertisement of abortion-inducing pills and abortion services; the sale of abortion related merchandise; and in the solicitation of contributions for charitable purposes.”

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“Mayday Health is a New York company that has targeted South Dakota for abortion advertisements,” Jackley told KOTA. “Those advertisements are deceptive. They’re encouraging a pregnant mother that does have complications after taking the pills they’re advertising to not seek medical treatment from a doctor.”

In an Instagram post, Mayday Executive Director Liv Raisner said that the billboards are protected under the First Amendment right of free speech.

“We’re not taking the signs down,” Raisner said in the Instagram post. “It’s First Amendment-protected free speech, and information is not illegal.”

Jackley, however, noted that promoting illegal activities is not legally protected.

“It’s no different than if you were to advertise the sale of meth on a billboard,” Jackley said. “You can’t do that. It’s a violation of South Dakota’s deception laws.”

What Happens Next:

The court will schedule a hearing on the lawsuit to consider Jackley's injunction request, though a date has not yet been set.