Sunday, October 06, 2024

Pregnancy Centers Sue California AG To Stop Enforcement of Business Fraud Statutes Against Them

Suit was filed last week in a California federal district court by a California anti-abortion pregnancy center and a Christian organization of pregnancy centers challenging the California attorney general's attempts to apply the state Business Fraud statutes to plaintiffs' promotion of abortion pill reversal. The 86-page complaint (full text) in National Institute of Family and Life Advocates v. Bonta, (CD CA, filed 10/2/2024), alleges that the Attorney General's enforcement threats violate plaintiffs' free speech and free exercise rights, saying in part:

12. Plaintiffs here ... wish to truthfully inform the public that it may be possible to counteract the first abortion drug’s lethal effects if women change their minds and seek treatment within the first three days after taking it. 

13. Plaintiffs wish to say the same (and similar) things about APR that the other nonprofits have. But the Attorney General’s actions show that if they do, they may be subject to injunctions, civil penalties of up to $2,500 per “violation,” and potential jail time....

18. The Attorney General says he supports a woman’s right to choose whether to keep her pregnancy, yet he seeks to deprive a woman who changes her mind, or who was coerced or tricked into taking the first abortion drug, of truthful information about a safe and effective way to save her pregnancy. 

19. The Constitution protects Plaintiffs’ right to speak to the public and women about lawful medical treatments provided by licensed medical professionals.  

20. This action seeks to enjoin the Attorney General from targeting, chilling, and punishing Plaintiffs’ speech about APR and a declaration that his actions violate Plaintiffs’ First and Fourteenth Amendment rights to speak freely, to practice their religion, and to due process under the law.

ADF issued a press release announcing the filing of the lawsuit.