ACLU of Kentucky and Davis Wright Tremaine Move to Dismiss Attorney General Lawsuit Against Mayday Health

LOGAN COUNTY, Ky. — The American Civil Liberties Union of Kentucky and attorneys from Davis Wright Tremaine LLP yesterday entered their appearances on behalf of Mayday Health and filed a motion asking the Logan Circuit Court to dismiss a lawsuit brought by Kentucky Attorney General Russell Coleman.

The Attorney General sued Mayday Health on September 3, alleging that information published by the nonprofit about reproductive health care violates the Kentucky Consumer Protection Act. The lawsuit targets Mayday’s website as well as signs and other materials directing people to its public health resources. The Attorney General is seeking a permanent injunction restricting Mayday’s future speech.

Mayday Health is a nonprofit public health education organization that provides information about reproductive health care, including abortion, contraception, and gender-affirming care. Mayday does not provide medical or legal advice, sell or prescribe medication, or receive revenue from health care services or medications. Its resources are provided to the public free of charge.

Mayday’s motion argues that the Attorney General’s claims violate constitutional protections for free expression and improperly seek to punish Mayday for publishing truthful, noncommercial information on a matter of public concern. The motion also invokes Kentucky’s Uniform Public Expression Protection Act, or UPEPA, which provides an expedited process for dismissing certain lawsuits targeting protected expression.

The filing also argues that Mayday’s work does not fall within the Kentucky Consumer Protection Act because Mayday is not engaged in the sale of products or services and does not financially benefit from the health care information it publishes.

“The government cannot turn a consumer protection law into a tool for suppressing speech simply because it objects to the information being shared,” said Bethany Baxter, staff attorney for the ACLU of Kentucky. “Kentucky’s Constitution protects the right to speak, write, and share information on matters of public concern. That speech is protected, and this lawsuit should be dismissed.”

“Our work is protected under Kentucky's Constitution and the First Amendment,” said Leo Raisner, Executive Director of Mayday Health. “We look forward to having our speech rights vindicated by the court.”

Said Adam Sieff, a partner with Davis Wright Tremaine: “The Kentucky Attorney General may not lawfully prevent Mayday from publishing truthful public health information just because of his hostility toward Mayday, the lawful choices people may make with the information Mayday publishes, and the beliefs that impel Mayday to publish it.”

The motion asks the court to dismiss the Attorney General’s lawsuit with prejudice and award Mayday attorneys’ fees and costs under UPEPA.

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The American Civil Liberties Union (ACLU) of Kentucky is freedom's watchdog, working daily in the courts, legislature and communities to defend individual rights and personal freedoms. For additional information, visit our website at: www.aclu-ky.org.

Davis Wright Tremaine LLP is widely recognized as one of the country’s preeminent law firms for First Amendment litigation and as an industry leader in expanding access to justice. The firm has also defended Mayday’s speech from government censorship in South Dakota, the Southern District of New York, and Idaho. Learn more at www.dwt.com.