A plane towing a banner advertising mail-order abortion pills flew over families and children at the Kentucky State Fair last weekend, and now the state is fighting back with a lawsuit.
Kentucky Attorney General Russell Coleman announced Thursday that he’s suing Mayday Health, a New York-based activist organization that promotes abortion-inducing drugs to women in states where such pills are restricted. The group not only chartered the aircraft over the Louisville fairgrounds but also posted advertisements at gas stations across Western Kentucky directing women to obtain abortion pills by mail.
“These out of state activists are not only breaking Kentucky law, they seem to delight in rubbing our faces in it,” Coleman, a Republican, 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.”
The banner that flew over the fair read simply: “Abortion Pills By Mail.” Meanwhile, the gas station ads asked, “Pregnant? Don’t want to be? Learn more at Mayday Health.”
Coleman filed the lawsuit in Logan Circuit Court, one of several counties where the gas station advertisements appeared. The complaint details Mayday Health’s alleged violations of Kentucky’s Consumer Protection Act and asks the court to order the organization to permanently cease its illegal advertising campaign and pay penalties.
Mayday Health doesn’t directly distribute abortion pills itself. Instead, the organization directs women to outside providers through telehealth appointments and mail-forwarding services, essentially serving as a guide to circumvent state restrictions.
The lawsuit represents Kentucky’s effort to protect its laws and its families from what state officials view as brazen interference by out-of-state activists. For many Kentucky families, the State Fair is an annual tradition, a celebration of agriculture, community, and Commonwealth values. Having an abortion advertisement fly overhead while children enjoy the festivities struck many as a deliberate provocation.
Coleman’s legal action sends a clear message: Kentucky will enforce its laws regardless of where activists are based or how creative their advertising methods become. Whether Mayday Health’s claimed First Amendment defense will hold up in court remains to be seen, but the state is prepared to make its case.
The battle over abortion access continues to play out state by state since the Supreme Court’s Dobbs decision returned the issue to elected legislatures. Kentucky chose to restrict abortion pill distribution, and officials there intend to hold outside groups accountable when they attempt to work around those laws.
