New York U.S. District judge says South Dakota can't stop abortion pill ads

A U.S. District Judge in New York has ruled in favor of Mayday Health, blocking the South Dakota Attorney General's office from banning ads for abortion pills in the state.

Key Takeaways:

• In December, South Dakota sent a cease-and-desist letter to Mayday Health over advertisements for abortion pills at 14 gas stations.

• When the pro-abortion group refused to take them down, the South Dakota Attorney General's office filed a lawsuit seeking an injunction.

• Mayday Health countersued, claiming the ads are protected speech under the First Amendment.

• A New York U.S. District judge ruled against South Dakota in the countersuit, temporarily blocking the state from removing the ads.

The Backstory:

In December, Mayday Health launched an advertising campaign at gas stations in South Dakota, where the majority of preborn children are protected from abortion. Additionally, the distribution of abortion pills is banned.

The ads from Mayday Health read, "Pregnant? Don't want to be?" and included a link to the abortion organization's website, where users can order abortion pills through five different telehealth abortion businesses.

Governor Larry Rhoden asked Attorney General Marty Jackley to investigate, and a cease-and-desist letter was sent.

“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,” wrote Attorney General Jackley, adding, “Based on this information, it appears that your business practices constitute a deceptive act or practice under SDCL Ch. 37-24, the South Dakota Deceptive Practices and Consumer Protection Act."

Mayday Health refused to take the ads down, so Jackley filed a lawsuit, asking for an injunction to be placed against the abortion organization.

“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.”

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Mayday Executive Director Liv Raisner again reiterated the belief that the ads are protected speech and refused to take them down; by January, Mayday Health had filed a countersuit of its own. But rather than filing it in South Dakota, the countersuit was filed in New York.

The Details:

U.S. District Judge Katherine Polk Failla ruled that Jackley cannot stop Mayday Health from advertising in South Dakota. Though no explanation was given, she said Jackley is barred from "taking any action, formal or informal, to pressure or force Mayday to take down the truthful public health information on its website, or the signs it has published publicizing that website."

Mayday Health was also granted a temporary restraining order against Jackley. Other court documents about the case stated:

... Plaintiff has shown that it is likely to succeed on the merits of its claims that Marty J. Jackley, the Attorney General of South Dakota, has violated Plaintiff's First Amendment right by threatening legal action against Plaintiff for its exercise of protected speech.

However, this statement was not included in the final ruling.

What Happens Next:

Failla said she intends to hold a hearing on January 30 to decide whether or not to extend her ruling.