RAPID CITY, S.D. (KOTA) – Attorney General Marty Jackley said a New York judge has ruled that the state has no jurisdiction in deciding the future of Mayday Health’s abortion pill ads in South Dakota.
A trial date is set for Feb. 20 in Hughes County.
The action comes after Jackley issued a cease-and-desist letter in December ordering New York-based Mayday Health to stop advertising access to abortion pills in South Dakota. He also filed a motion in state court seeking to prohibit any advertising deemed untruthful or contrary to South Dakota law.
Mayday Health responded by filing for an emergency temporary restraining order in New York federal court, prompting a full hearing in New York City last month.
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“Information is not illegal,” said Liv Raisner, executive director of Mayday Health. “The First Amendment protects our right to publish truthful health information and the public’s right to access it.”
According to Raisner, the attorney general wants to shut down Mayday’s website and prevent it from sharing information with South Dakota residents, despite the fact that the organization has not violated any laws.
Mayday Health argues that the Supreme Court has long upheld the right to share truthful information about legal health care services, citing the 1975 case Bigelow v. Virginia.
The lawsuit seeks to ensure the group can continue providing educational resources nationwide.
Abortions are banned in South Dakota except under limited circumstances, and state law prohibits administering or obtaining any drug to induce an abortion. Jackley said Mayday Health’s ads mislead consumers by omitting these restrictions.
“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 a December letter to Mayday Health.
Jackley stated the company’s practices appear to violate the South Dakota Deceptive Practices and Consumer Protection Act. If a lawsuit is filed, Mayday Health could face felony charges or civil penalties of up to $5,000 per violation.
It is now up to Mayday Health to appeal.
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