Kentucky AG sues national nonprofit over abortion access advertisements 

Kentucky Attorney General Russell Coleman filed a lawsuit Thursday against Mayday Health, alleging the national nonprofit broke state law by advertising abortion services in the state, in one case flying a banner over the Kentucky State Fair.

The lawsuit, filed in Logan County Circuit Court, accuses Mayday of “engaging in unfair, false, misleading or deceptive business practices in violation of the Kentucky Consumer Protection Act.” 

Leo Raisner, the executive director of Mayday Health, said in a statement that “abortion pills are safe, effective and FDA-approved, and everyone deserves access to that information.

“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 said. 

Coleman previously subpoenaed the nonprofit over advertising at gas stations in Christian, Logan and Simpson Counties with the words “Pregnant? Don’t want to be?” and a link to the organization’s website, which then connects people with abortion pills, Plan B, birth control and gender affirming care. 

The organization also flew a banner over the Kentucky State Fair with the words “abortion pills by mail” and the organization’s website.  

“Mayday’s website does more than simply provide information — it facilitates, encourages, and is even integral to the distribution of abortion-inducing drugs into Kentucky through the mail, a criminal act and class D felony,” Coleman’s lawsuit states. “Mayday’s website and its advertisements constitute speech that is integral to criminal conduct.” 

A 2022 law passed by the Kentucky General Assembly says abortion medication can only be provided by a physician who is “a nonsurgical abortion provider.” 

“It shall be unlawful for any manufacturer, distributor, physician, qualified  physician, pharmacy, or any other person to intentionally, knowingly, or recklessly dispense, prescribe, or distribute any abortion-inducing drug … to a pregnant person via courier, delivery or mail service,” that 2022 law says. 

KY attorney general subpoenas gas stations over abortion ads

Abortion is illegal in Kentucky in most cases, and there is no exception for rape or incest, though both Republicans and Democrats have unsuccessfully tried to add those exceptions in recent years.  

“Mayday’s advertisements in Kentucky are a clear attempt to help women terminate their pregnancies by facilitating the distribution of abortion-inducing drugs through the mail,” the Thursday lawsuit states. 

Coleman is asking that a judge block Mayday from such advertisements in the future and make the organization pay $2,000 for each alleged violation of the law. 

“These out of state activists are not only breaking Kentucky law, they seem to delight in rubbing our faces in it.” Coleman said in a statement. “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.”