NEW YORK (CBSNewYork/AP) — A New Jersey mother is suing the anti-abortion organization that used her 6-year-old daughter’s image on a massive billboard in SoHo that some people denounced as racist and offensive.

Tricia Fraser filed a lawsuit Tuesday against the Texas-based group Life Always, which put up the billboard earlier this year before it was taken down.

Life Always did not immediately respond to a request for comment.

The billboard pictured Fraser’s daughter, who is black, along with the words, “The most dangerous place for an African-American is in the womb.”

The lawsuit claims the use of her daughter’s image was “defamatory, unauthorized and offensive. The suit also calls the billboard “racist.”

Though the photograph was obtained legally, the lawsuit claims its license prohibited the use of the image in “defamatory” ways.

Back in February, Pastor Stephen Broden, of Life Always, argued that the billboard was meant to broadcast the message that abortion was outpacing life in the black community.

“The survival of our country, our nation, is tied to the woman’s womb,” Broden said.

However, others, including Rev. Al Sharpton, had argued otherwise.

“You cannot win people to your view by offending, and insulting, and depicting people based on who they are, rather than what they decide,” Sharpton said.

SOUND-OFF: Do you think the girl’s mother will win the lawsuit?  Share your thoughts in the comments section…

(TM and Copyright 2011 CBS Radio Inc. and its relevant subsidiaries. CBS RADIO and EYE Logo TM and Copyright 2011 CBS Broadcasting Inc. Used under license. All Rights Reserved. This material may not be published, broadcast, rewritten, or redistributed. The Associated Press contributed to this report.)

Watch & Listen LIVE