Texas court dismisses Paxton lawsuit against Yelp over crisis pregnancy center labeling

A district court in Texas has dismissed a lawsuit brought by Attorney General Ken Paxton (R) against Yelp, after he claimed the company misled the public by saying crisis pregnancy centers in the state offer limited services.

A judge in Bastrop County dismissed “with prejudice” all claims against Yelp in an order filed Wednesday.

After the Supreme Court overturned Roe v. Wade with the Dobbs v. Jackson Women’s Health Organization decision, Yelp began notifying users that crisis pregnancy centers “typically provide limited medical services and may not have licensed medical professionals onsite.”

Paxton sued Yelp last September, arguing that the language was misleading. Yelp, which is represented by the law firm Haynes and Boone LLP changed its language to say “Crisis Pregnancy Centers do not offer abortions or referrals to abortion providers.”

The Texas attorney general argued that the review site violated the Texas Deceptive Trade Practice Act for “inaccurate and misleading language.” Paxton’s lawsuit said the company can’t mislead the public because it “disagrees with our state’s abortion laws.”

Yelp preemptively sued Paxton last year in federal court in the Northern District of California, in an effort to get the state lawsuit tossed. It was dismissed under a Supreme Court precedent that prevents federal courts from hearing a case by someone being prosecuted in state court. Yelp is appealing the dismissal of its federal lawsuit.

In an emailed statement, a Yelp spokesperson said the company is pleased with the Bastrop County judge’s decision “that this meritless lawsuit should not have been brought in Texas.”

“The trust and safety of our users is one of Yelp’s top priorities, which is why we take extensive measures to provide consumers with relevant and reliable information when they search for local businesses on our platform,” the spokesperson said. “This is especially critical when people are searching for healthcare services on Yelp.”

The company vowed to continue “vigorously” defending constitutionally protected rights and fight government officials who try to censor truthful information from consumers.

“The First Amendment exists to prevent government officials like Mr. Paxton from suppressing true statement they may dislike — whether that be just in Texas or, in the case of Mr. Paxton’s prosecution of Yelp, anywhere that Yelp applies to the notice,” the statement said.

The company said Paxton’s lawsuit “sets a dangerous precedent” by using his power and office as a government official “to politicize and punish speech on issues that he disagrees with.”

The Hill has reached out to Paxton’s office for comment about the dismissal. 

Updated at 1:43 p.m.