Kentucky Sues Group Advertising Illegal Abortion Drugs At State Fair
Kentucky is suing a New York group that advertised illegal abortion drugs at the Kentucky State Fair.
The state lawsuit accuses Mayday Health, which bills itself as “a reproductive health education nonprofit,” of “engaging in unfair, false, misleading, or deceptive business practices in violation of the Kentucky Consumer Protection Act.”
The company violated Kentucky’s law by advertising abortion drugs in the state, including by flying a banner over the state fair that read “Abortion Pills By Mail” with the company’s website listed underneath. In Kentucky, unlike New York, abortion is almost totally banned.
Mayday Health facilitates the illegal sale of pills by connecting buyers to sellers. Kentucky state law prohibits the selling of abortion pills by mail. The lawsuit argues Mayday violates this law by advertising abortion pills through the plane stunt, gas station ads, and social media posts.
“These out-of-state activists are not only breaking Kentucky law, they seem to delight in rubbing our faces in it,” Attorney General Russell Coleman said. “The State Fair is a beloved Kentucky tradition for families and children to celebrate our Commonwealth. We refuse to allow Mayday to taint our values and put our people at risk.”
Mayday co-founder Leo Raisner said the lawsuit targets protected First Amendment speech.
“We look forward to defending our First Amendment protected work in court — and winning, like we have against similar efforts to suppress our speech,” Raisner told the Daily Wire.
But the group’s advertisements may not be protected by the First Amendment, as they not only promote, but also facilitate, illegal activities. It is one thing for a company in Michigan to advertise to Indiana residents to visit the state to buy marijuana. It is different to advertise a service that helps people buy drugs that are illegal in the state.
Mayday Health is also fighting a legal battle in South Dakota, where Mayday and former state legislator Nancy Turbak Berry are suing the governor and attorney general so Berry can exercise her “free speech” by wearing a sweatshirt that “says abortion pills can be obtained in all 50 states and encourages people to learn more on Mayday’s website,” according to South Dakota Searchlight. An appeals court has temporarily blocked enforcement of the state’s anti-abortion-advertising law.
Kentucky’s lawsuit seeks relief from the state, but it may be strengthened at the federal level depending on the outcome of a related case.
Louisiana is currently suing the Food and Drug Administration, arguing that the agency’s decision to allow drugs to be mailed across the country violates the state’s right to regulate abortion. Louisiana, like Kentucky, has been hit with a flood of illegal abortion pills due to the state’s strong protections for preborn babies.
That lawsuit is currently pending, but it could be the next major legal battle over abortion, as a majority of babies are now killed via chemical abortion pills.


Matt Lamb is an associate editor for The College Fix and a contributor to Washington Examiner's Beltway Confidential blog. He also works as a reporter for LifeSiteNews. He previously worked for Students for Life Action, Students for Life of America, and Turning Point USA.





