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Judge: Arlene’s Flowers owner can be sued in her personal capacity
Tri-City Herald ^ | January 7, 2015 | Sara Schilling

Posted on 01/07/2015 5:13:30 PM PST by steve86

The owner of a Richland flower shop being sued over her refusal to provide services for a same-sex wedding can face claims in her personal capacity, a Benton County Superior Court judge ruled Wednesday.

Barronelle Stutzman and her Arlene’s Flowers are being sued by the state Attorney General’s office and a same-sex couple. Stutzman, a Christian, declined to provide services for the couple’s wedding because of her religious beliefs.

Her attorneys argued the claims against her personally should be dropped, describing them as unprecedented and unjust.

Attorneys for the state and the couple argued Stutzman can be held personally liable under the law.

In a decision Wednesday, Judge Alex Ekstrom ruled that “the clear language of the CPA (Consumer Protection Act) and WLAD (Washington Law Against Discrimination) supports both individual and corporate liability.”

However, he did toss out one of the couple’s claims — that Stutzman aided her business in violating state anti-discrimination law.

Ekstrom also dismissed some of Stutzman’s arguments dealing with the state’s standing to bring its lawsuit.

Ekstrom hasn’t yet ruled on some other summary judgment motions in the case. At this time, trial is set for the spring.

Read more here: http://www.tri-cityherald.com/2015/01/07/3346717_judge-denies-motion-to-toss-out.html?sp=/99/177/&rh=1#storylink=cpy


TOPICS: Culture/Society; Government; News/Current Events; US: District of Columbia; US: Florida; US: Washington
KEYWORDS: gaymarriage; gaystapo; homoexualagenda; homosexualagenda; judicialactivism; moralabsolutes; romneyagenda; romneymarriage
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To: cva66snipe
I assume Barronelle didn't do as some suggest, to fill the order with ugly flowers, dead and dying; because, being the Christian lady that she is, she chose to do the honorable thing and tell the two girlymen she could not, in good conscience, actively participate in a same sex "marriage" (of which there is no such thing). She probably anticipated they would understand, cooperate, and take their ever so critical floral needs elsewhere.

Wrong! Somehow this situation reached the ear of WA's leftist AG, Bob Ferguson, and it was he, not the two girlymen, who decided to make an example of Barronelle and to do whatever necessary to crush her lest anyone else is this sorry red state think he might act in accordance with his own conscience instead of Liberal ideology.

I was at the latest trial. On Barronelle's side was something like two lawyers. On the girlymen side (they were present) it looked like there were about six, several from the AG's office, taxpayer funded and supported.

Ferguson and Co are determined to make an example of her and the US and WA state Constitutions guaranteeing freedom of religion be damned.

61 posted on 01/07/2015 7:58:16 PM PST by Robwin
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To: Redbob

Then, of course, there is the likelihood that some judge would find poor service, stale cake or withered flowers to be “hate crimes.”


62 posted on 01/07/2015 7:58:29 PM PST by daler
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To: Kackikat

What exactly is involved in the flower service for a wedding that is significantly different than selling anyone else flowers? Are they required to attend the event?is it possible to buy flowers for a wedding without tEllington the florist what they are for? I doubt men who buy flowers as part of a seduction tell the florist about their fornications and adulteries. Why can’t these same sex couples just come in and buy their flowers without blabbing their entire romantic life story (like it is spelled out in the court filing)?


63 posted on 01/07/2015 8:51:08 PM PST by Burkean (.)
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To: Burkean

I understand the florist, like the caterer and photographer, would be required to attend the event, at least to set up the arrangements. This is where the difficulty arose. The owner was not averse to selling flowers to the men in her store: she’d done it many times.


64 posted on 01/07/2015 8:55:49 PM PST by steve86 (Prophecies of Maelmhaedhoc OÂ’Morgair (Latin form: Malachy))
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To: daler

“Of course, I would go above and beyond the call to see to it that it was a “wedding day” they would never forget... “

Never ever screw with anything that can be traced back to you in any way.


65 posted on 01/07/2015 9:03:38 PM PST by PLMerite (Shut the Beyotch Down! Burn, baby, burn!)
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To: steve86

Very sad. I spent many years in Richland and ordered flowers from this business. Perhaps a boycott of whatever businesses these people work for would be in order? Maybe some unwanted publicity for them to hold them accountable?

This crap has to stop. There has to be a way of fighting it outside of the court system which is punishing good people in a way they shouldn’t be able to.

This will all continue until people figure out they can’t get away with trying to force a person to violate their beliefs.


66 posted on 01/07/2015 9:27:10 PM PST by Render
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To: Burkean

The gays have an agenda, and that is to find a strong Christian business, and challenge their beliefs and insist they give them flowers, cakes, or whatever they sell....but first they must agree that gay marriage is fine.

Hey, ask the LBGT people, because they are the ones who make a big deal out of it, so they can get on TV and promote their agenda.


67 posted on 01/08/2015 5:48:22 AM PST by Kackikat ('If it talks like a traitor, acts like a traitor, then by God it's a traitor.')
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To: steve86

I wish someone would bring a suit against a sodomite business for refusing to decorate a cake with Romans 1:26-27


68 posted on 01/08/2015 6:10:32 AM PST by mrsmel (One Who Can See)
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To: greene66

Ditto, my thoughts exactly.


69 posted on 01/08/2015 6:12:28 AM PST by mrsmel (One Who Can See)
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To: cherry

I do not know if Uncle Sam can kibosh this kind of thing via law (other than the Constitution itself), but treating Uncle Sam as catchall king can backfire.

Under current understanding of the First Amendment, she is optimistically placed to win at the appellate level if she can keep up the battle, which is the question. The Kabuki dance has to play out first and it will be demeaning and grueling.

It goes to show just how much “love” is in these new arrangements.


70 posted on 01/08/2015 6:45:03 AM PST by HiTech RedNeck (Embrace the Lion of Judah and He will roar for you and teach you to roar too. See my page.)
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To: steve86

It has nothing to do with being a Christian. A non-Christian should have the right to refuse service.


71 posted on 01/08/2015 6:47:21 AM PST by AppyPappy (If you are not part of the solution, there is good money to be made prolonging the problem.)
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To: Robwin

It would be humorous if, with a straight face, such florists suggested arrangements suitable to a funeral, of course not mentioning that fact.


72 posted on 01/08/2015 6:48:27 AM PST by HiTech RedNeck (Embrace the Lion of Judah and He will roar for you and teach you to roar too. See my page.)
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To: AppyPappy

Any product which is the result of significant personal artistic expression should count, on 1st amendment principles.


73 posted on 01/08/2015 6:49:40 AM PST by HiTech RedNeck (Embrace the Lion of Judah and He will roar for you and teach you to roar too. See my page.)
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To: steve86

Where are all the “anti-bullying” assholes who love to protest when it comes to crap like this?


74 posted on 01/08/2015 6:52:54 AM PST by hattend (Firearms and ammunition...the only growing industries under the Obama regime.)
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To: hattend

The thrill of the “relationship” puts bullying meanness on a pedestal. Didn’t anyone tell them that it’s mean to do what they do? They know it, and know that they are playing games.

If this was just another variation on the good, they wouldn’t need to be hateful to get their status recognized. But we are in an era that is more and more packed with hate.

That said, a lot of Christians are now being mean to one another too in marriage. Modern divorce statistics aren’t a lot better for them if they are better at all.


75 posted on 01/08/2015 7:00:44 AM PST by HiTech RedNeck (Embrace the Lion of Judah and He will roar for you and teach you to roar too. See my page.)
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To: steve86
This is a travesty of justice. The mindset reminds me of those individuals who want to bring harm to “whitey” simply because they think they can get away with it and by doing so they will “show the world”. In the end all they are doing is showing the world that they are small minded, selfish, cruel, and with the whitey haters true racists.
76 posted on 01/08/2015 7:05:20 AM PST by Oorang (Tyranny thrives where government need not fear the wrath of an armed people - Alex Kozinski)
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To: Oorang

Quarantine Zones for Avian Flu in Benton & Franklin Counties

OLYMPIA, WA - The Washington State Department of Agriculture (WSDA) Wednesday adopted an emergency rule to establish a quarantine zone for avian influenza that includes parts of Benton and Franklin counties.

The area covers about 20 miles around two locations where avian influenza has been identified in flocks of mixed poultry and other birds.

The quarantine area will be in force for at least 240 days and restricts the movement of eggs, poultry or poultry products out of the identified zone.

Exemptions will be made for operations that obtain special permits and meet specific criteria.

On Jan. 2, WSDA activated a multi-agency response plan following the confirmation of highly pathogenic H5N2 avian influenza in domestic birds in a Benton County flock.

Later, a second infected flock was identified in the area.

Work was completed Jan. 6 at both locations to control the spread of the virus.

The joint team of WSDA and U.S. Department of Agriculture officials will now work to clean and disinfect the two sites.

USDA plans to increase the amount of testing of poultry and other domestic birds within an area identified as 10 kilometers around the two flocks.

WSDA has not identified any new cases of avian influenza.

The virus has not been found in commercial poultry anywhere in Washington or the United States.

WSDA is encouraging bird owners to protect their domestic birds from contact with wild waterfowl and remain vigilant in their biosecurity measures.

There is no immediate public health concern due to the avian influenza virus detected.

Avian influenza does not affect poultry meat or egg products, which remain safe to eat. As always, both wild and domestic poultry should be properly cooked.


77 posted on 01/08/2015 11:24:47 AM PST by steve86 (Prophecies of Maelmhaedhoc OÂ’Morgair (Latin form: Malachy))
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To: steve86

Wrong thread, sorry.


78 posted on 01/08/2015 11:25:23 AM PST by steve86 (Prophecies of Maelmhaedhoc OÂ’Morgair (Latin form: Malachy))
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To: steve86

Thanks for the ping.

That’s a really important story, and a really tragic story for the business owner.

I haven’t read through the Comments yet.

Conservatives need to think of some really clever way to use the judge’s decision against a gay florist who refuses to do something a Conservative customer asks for.

It can’t be anything that might be interpreted as hate speech, so that excludes a lot of the most obvious ideas.


79 posted on 01/08/2015 5:49:47 PM PST by zeestephen
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