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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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This is the flower shop / same-sex wedding case in Washington State.

Barronelle is a very nice lady in my own town, did everything she could to accommodate customers without violating her Christian principles.


1 posted on 01/07/2015 5:13:30 PM PST by steve86
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To: steve86

It’s probably because she didn’t incorporate her business so, under the law there is no differentiation between her assets and her business assets.


2 posted on 01/07/2015 5:18:42 PM PST by Jonty30 (What Islam and secularism have in common is that they are both death cults)
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To: steve86
This state's governor and appointees are gung-ho on sodomy.

East-of-the-Cascades people like Barronelle and yours truly, not so much.

3 posted on 01/07/2015 5:19:30 PM PST by steve86 (Prophecies of Maelmhaedhoc OÂ’Morgair (Latin form: Malachy))
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To: steve86

Damn gay judical nazi’s. Past time to just say no!


4 posted on 01/07/2015 5:19:58 PM PST by Nuc 1.1 (Nuc 1 Liberals aren't Patriots. Remember 1789!)
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To: Jonty30

Why would anyone (gay or otherwise) want flowers or cakes, or anything for a Wedding from a person who would not wish them well? It’s all about an agenda.

The agenda: Find a Christian and humiliate them publicly because they won’t agree with your sin, and then sue them. These people will be problematic married or single....it’s just their way! The so called victims, that can’t get a service, want their 15 minutes of fame on the Media stage.


5 posted on 01/07/2015 5:22:02 PM 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: Jonty30
I believe her business IS a corporation. Article also implies that.

Arlene's Flowers Richland WA, 99352 – Manta.com www.manta.com › ... › Florists › Fresh Flowers More Details for Arlene's Flowers. Categorized under Fresh Flowers. Our records show it was established in 1999 and incorporated in Washington

6 posted on 01/07/2015 5:23:08 PM PST by steve86 (Prophecies of Maelmhaedhoc OÂ’Morgair (Latin form: Malachy))
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To: Kackikat

I agree with you, but the judge’s ruling is based on tax law. If you’re business is not incorporated, you assume personal liability.


7 posted on 01/07/2015 5:23:37 PM PST by Jonty30 (What Islam and secularism have in common is that they are both death cults)
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To: Jonty30
but the judge’s ruling is based on tax law.

It isn't based on tax law. It is based on the homosexual-agenda Washington Law Against Discrimination.

8 posted on 01/07/2015 5:26:01 PM PST by steve86 (Prophecies of Maelmhaedhoc OÂ’Morgair (Latin form: Malachy))
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To: Jonty30

No, based on the WLAD, which appears to pierce the corporate liability protections. She’ll be bankrupted. The Sodomites are winning.


9 posted on 01/07/2015 5:27:13 PM PST by NonValueAdded (Pointing out dereliction of duty is NOT fear mongering, especially in a panDEMic)
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To: zeestephen; Veto!

PING


10 posted on 01/07/2015 5:27:15 PM PST by steve86 (Prophecies of Maelmhaedhoc OÂ’Morgair (Latin form: Malachy))
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To: Jonty30

I know what you are saying, but ‘freedom of religion’ is in the First Amendment that also covers ‘free speech.’ So what personal liability? The Judge is wrong.

She has right to deny to serve whomever she pleases. Otherwise it’s a violation of her Constitutional rights to ‘freedom of religion”.


11 posted on 01/07/2015 5:27:21 PM 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

The law in question was made to punish people. That it can be used to destroy a Christian person is just a bonus for the State and the gaystapo.


12 posted on 01/07/2015 5:27:29 PM PST by lastchance (Credo.)
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To: steve86

In which case, and I don’t know tax law that well but just well enough to get into trouble, she may have a reason to appeal.

It also depend on the type of incorporation.


13 posted on 01/07/2015 5:27:38 PM PST by Jonty30 (What Islam and secularism have in common is that they are both death cults)
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To: Jonty30
It’s probably because she didn’t incorporate her business so, under the law there is no differentiation between her assets and her business assets.

To clarify, do you know that she didn't incorporate her business? Or are you suggesting that maybe she didn't?

14 posted on 01/07/2015 5:27:51 PM PST by MV=PY (The Magic Question: Who's paying for it?)
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To: Jonty30

Arlene’s Flowers, Inc. It’s easy to look up.


15 posted on 01/07/2015 5:29:18 PM PST by FoxInSocks ("Hope is not a course of action." -- M. O'Neal, USMC)
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To: Oorang; little jeremiah

PING!


16 posted on 01/07/2015 5:30:51 PM PST by steve86 (Prophecies of Maelmhaedhoc OÂ’Morgair (Latin form: Malachy))
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To: MV=PY

If it’s incorporated, I can’t see how the judge can put her personal assets on the line. That’s no different than suing Wal-Mart and getting the judge to agree that all 200 million shareholders can have their personal assets seized in the event of a judgement.


17 posted on 01/07/2015 5:31:24 PM PST by Jonty30 (What Islam and secularism have in common is that they are both death cults)
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To: FoxInSocks
Careful, hers isn't the only Arlene’s Flowers, Inc. but it is one.
18 posted on 01/07/2015 5:32:02 PM PST by steve86 (Prophecies of Maelmhaedhoc OÂ’Morgair (Latin form: Malachy))
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To: Jonty30
Arlene's Flowers was incorporated in 1989. They are trying to go around this to get to her personally and shouldn't be able to.

http://www.adfmedia.org/files/ArlenesFlowersPartialSJmotionPersonalCapacity.pdf

19 posted on 01/07/2015 5:33:42 PM PST by Freedom of Speech Wins
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To: steve86

One would think the couple would simply pick another florist. But it’s not about the flowers, is it?


20 posted on 01/07/2015 5:34:44 PM PST by Veto! (Opinions freely expressed as advice)
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