On January 18, 2022, we were to begin a jury trial against Thrifty White and George Badeaux, the pharmacist, who refused to fill the Plaintiff’s prescription for Emergency Contraception. A new trial date has been set for August 1, 2022.
We believe that we will be successful at trial. The question is whether the pharmacy denied Plaintiff’s full and equal enjoyment of their goods and services because of her sex. “Sex” under the Minnesota Human Rights Act includes pregnancy, childbirth, and related conditions. It would thus include emergency contraception.
The pharmacy owner was fully aware that its chief pharmacist was refusing to fill emergency contraception prescriptions before he refused to fill Plaintiff’s prescription. The pharmacy put no measures in place to ensure that the Plaintiff and others like her with an emergency contraception prescription can get the medication they need in a timely manner.
We expect that this case will set an important precedent about the rights of pharmacy patients to access care with no barriers. The precedent will be important for all pregnancy-related care, including abortion care.