Jury Mostly Sides With MN Pharmacist Who Denied Woman Contraception

AITKIN COUNTY, MN — A pharmacist did not violate the Minnesota Human Rights Act when he declined to sell a woman emergency contraception due to his personal beliefs, an Aitkin County jury found on Friday.

However, the jury did find that Andrea Anderson, of McGregor, deserves $25,000 in emotional damage from the pharmacist.

In her lawsuit, Anderson claimed that in 2019, a pharmacist unlawfully discriminated against her based on her sex by "denying her service as a result of her pregnancy-related health care needs."

On Jan. 20, 2019, Anderson's primary method of birth control — a condom — failed during sex. Anderson's doctor prescribed her "Ella" – a form of emergency contraception — and requested that the prescription be sent to the Thrifty White Pharmacy in McGregor, Minnesota.

Thrifty White was the only pharmacy in McGregor and was Anderson's primary pharmacy, according to the lawsuit.

"Anderson received a call from the on-duty pharmacist at Thrifty White, George Badeaux. Badeaux informed Anderson that for 'personal reasons' he would be unable to fill her prescription," the lawsuit stated. "Badeaux clarified that he did not want to fill Anderson's prescription due to '[his] beliefs.'"

He did not clarify what his beliefs were or why they interfered with his ability to perform his job as a medical professional, the lawsuit claimed.

When Anderson spoke with Matt Hutera — the store's owner — told Anderson he did "not agree with Badeaux, but he's a pastor," in town according to the lawsuit. "Even though this was not the first time Badeaux had refused to fill prescriptions, Hutera did not indicate that there would be any repercussions for Badeaux."

Anderson eventually got her prescription filled at a Walgreens more than 50 miles from her home, the lawsuit said, and she had to drive more than 100 miles roundtrip in the middle of a snowstorm.

Here's how the jury ruled in the case:

Question: Did Andrea Anderson prove by the greater weight of the evidence that Thrifty White denied her full and equal enjoyment of goods or services because of her sex?

Jury: No.

Question: Did Andrea Anderson prove by the greater weight of the evidence that Thrifty White intentionally refused to do business with her because of her sex?

Jury: No.

Question: Did George Badeaux intentionally aid, abet, incite, compel, or coerce Thrifty White to engage in discrimination in public accommodations?

Jury: No.

Question: Did George Badeaux intentionally aid, abet, incite, compel, or coerce Thrifty White to engage in business discrimination?

Jury: No.

Question: Did Andrea Anderson prove by the greater weight of the evidence that she is entitled to damages against Thrifty White for emotional harm?

Jury: No.

Question: Did Andrea Anderson prove by the greater weight of the evidence that she is entitled to damages against George Badeaux for emotional harm?

Jury: Yes.

Question: If yes, what amount of money will fairly and adequately compensate Ms. Anderson for her emotional harm directly ‘caused by George Badeaux?

Jury: $25,000

The case went to trial at a time when the right to contraception is being debated nationally. Late last month, all three of Minnesota's Republican members in the U.S. House of Representatives voted against the federal 'Right to Contraception' Act.

Minnesota's four Democrats supported the measure. Read more about the bill here.