Posted on 07/09/2015 7:46:17 AM PDT by xzins
Two Christian bakers who refused to bake a cake for a lesbian wedding have been ordered to pay $135,000 in damages by July 13 or else the state of Oregon could place a lien on their home.
Aaron and Melissa Klein, the owners of Sweet Cakes by Melissa, were punished by the state's Bureau of Labor and Industry (BOLI) for unlawfully discriminating against a same-sex couple.
The Kleins, who are devout evangelical Christians, argued that baking the cake would be a violation of their religious beliefs.
The BOLI ruling ordered the mom-and-pop bakers to pay $135,000 to the lesbian couple. They were also slapped with a gag order that prohibits them from speaking publicly about their refusal to participate in or bake wedding cakes for same-sex unions.
And now they have until July 13 to pay the damages or else face additional fines and a possible lien on their home.
"This is intimidation and bullying—that's exactly what it is," Klein told me in a telephone interview." They are trying to strong-arm me into handing over $135,000 to the two girls and if I win on appeal—they will never pay me back."
A BOLI spokesman confirmed they sent a standard payment letter to the Kleins' attorney.
"The letter informs them that if we do not hear from them, we may turn the matter over to the Department of Revenue, which can place a lien on real property," the spokesman told me.
BOLI said they would also be willing to accept either a full payment or payment arrangements.
"Of course, they can also ask for a stay of enforcement while they pursue their appeal," the spokesman said.
But there's a catch. The person who will determine whether or not to stay the order—is BOLI Commissioner Brad Avakian—a vocal supporter of the LGBTQIA movement.
"The judge, jury and executioner are all in one place," said Anna Harmon, the Kleins' attorney. "He is intent on using his office to root out thought and speech with which he personally disagrees."
Harmon, who is affiliated with Alliance Defending Freedom, said they were expecting the payment letter that came from BOLI.
"This letter, while it's the normal procedure, continues to show the state is not backing down," she told me. "They don't think they did anything wrong here."
Avakian's strong arm tactics against the Christian bakers have outraged Christians across the nation.
"This guy would make Mussolini proud," said Tony Perkins, president of the Family Research council. "This is a wannabe dictator."
It certainly appears that Avakian and the state of Oregon have declared war on the Klein family.
"Not only do they want to drive them out of business, but they want to make them homeless," Perkins told me.
The Kleins say they are filing a stay and do plan on appealing the state's decision.
"Brad and his cohorts at BOLI have overstepped their constitutional rights in requiring me to cease and desist from my constitutional freedom," Mr. Klein said. "I will fight them with every last breath I have."
Mrs. Klein said she would not be intimidated by Avakian's hard line tactics.
"We are so going to fight this, oh my gosh," she said. "It's making us stronger and emboldening us to stand up to this. Aaron and I are fighting for every American out there—for their freedom. We are not backing down at all."
And while the viciousness of the attacks against the Kleins might be unsettling—Harmon said it really should serve as a source of inspiration.
"What a time to be an American," she said. "It's a hard time—our freedoms are challenged—but what a time to be able to stand and have courage and say, 'I have a moment in time where I can be a voice for that.'"
And the Kleins are not ready to throw in the towel just yet.
"He definitely messed with the wrong Christians," Mrs. Klein told me.
Todd Starnes is host of Fox News & Commentary, heard on hundreds of radio stations. Sign up for his American Dispatch newsletter, be sure to join his Facebook page, and follow him on Twitter. His latest book is God Less America.
I’d add some ingredients...
You’re right it is persecution to the highest level.
The larger Christian community needs to figure out how to push back against Brad Avakian in a meaningful and personal way along with the larger pagan left. So far it is just endless free shots against believers and fighting through the biased administrative and legal system is playing the enemy’s game.
The larger Christian community needs to figure out how to push back against Brad Avakian in a meaningful and personal way along with the larger pagan left. So far it is just endless free shots against believers and fighting through the biased administrative and legal system is playing the enemy’s game.
No, you’d get into trouble with the laws on Terrorism for adding stuff like Ex-Lax to a chocolate cake........................
Punitive damages were not defined, and thus appear to be arbitrary.
659A.855 Civil penalty for certain complaints filed by commissioner.
(1)(a) If the Commissioner of the Bureau of Labor and Industries files a complaint under ORS 659A.825 alleging an unlawful practice other than an unlawful employment practice, and the commissioner finds that the respondent engaged in the unlawful practice, the commissioner may, in addition to other steps taken to eliminate the unlawful practice, impose a civil penalty upon each respondent found to have committed the unlawful practice.
(b) Civil penalties under this subsection may not exceed $1,000 for each violation.
(2)(a) Notwithstanding subsection (1)(b) of this section, if a complaint is filed under ORS 659A.820 or 659A.825 alleging an unlawful practice under ORS 659A.145 or 659A.421 or discrimination under federal housing law and the commissioner finds that a respondent has engaged in an unlawful practice under ORS 659A.145 or 659A.421 or discrimination under federal housing law, the commissioner may assess against the respondent, in addition to any other relief available, a civil penalty:
(A) In an amount not exceeding $11,000;
(B) Except as provided in paragraph (b) of this subsection, in an amount not exceeding $27,500 if the respondent has been adjudged to have engaged in one other discriminatory housing practice during the five-year period ending on the date of the filing of the formal charges leading to the hearing; or
(C) Except as provided in paragraph (b) of this subsection, in an amount not exceeding $55,000 if the respondent has been adjudged to have engaged in two or more discriminatory housing practices during the seven-year period ending on the date of the filing of the formal charges leading to the hearing.
(b) If acts constituting the discriminatory housing practice that is the object of the hearing were committed by the same individual who has been previously adjudged to have committed acts constituting a discriminatory housing practice, the civil penalties listed in paragraph (a)(B) and (C) of this subsection may be imposed regardless of the period of time between the previous discriminatory housing practice and the discriminatory housing practice that is the object of this hearing.
(3) All sums collected as civil penalties under this section must first be applied toward reimbursement of the costs incurred in determining the violations, conducting hearings and assessing and collecting the penalty. The remainder, if any, shall be paid over by the commissioner to the Department of State Lands for the benefit of the Common School Fund. The department shall issue a receipt for the money to the commissioner. [2001 c.621 §9; 2007 c.903 §11; 2011 c.210 §5]
*Explain how you get from the value of a cake to putting a lien on someone’s HOUSE other than by vindictiveness!*
Good point!
What’s a cake worth? a couple hundred bucks?
Maybe throw in 80 cents for gas so that the intolerant gay couple can drive to a bakery that is willing to make their perverse cake.
$200.80 is the maximum the suit should be
As Oregon's Labor Commissioner, Brad Avakian works to protect people treated unfairly, support local businesses and strengthen Oregon's workforce.
His choice, I suppose, on who to protect.
A true Marxist fascist.
Are they allowed to “TALK” about their persecution?
Have they filed a megacountersuit against the “judge”,
as an official and as a discriminatory antiConstitutional
individual, along with the women that started this
nonsense?
Yep, and if they try to seize the house, I’d burn it down before they could take it.
Sure, I’d end up in jail for arson most likely, but if I’m going to be punished anyway, I might as well commit the crime.
Do not give the homosexuals anything. Not one penny. Don’t retreat one inch. If the slime judge puts a lien on the property then make him enforce it. Any cop that comes to arrest the Kliens should be met with force. Pull a Bundy Ranch on them. Take it to the next level.
If I were a baker in this situation I would make one gay wedding cake. I would then count on the gay community to spread the word about the quality of my gay wedding cakes. And, I would just have to accept that my gay wedding cake sales might plummet.
The governor of Oregon is a lawyer and the first openly bisexual governor.
I’m sure she’d like to hear what you think about this: 503-378-4582
We all need to remember that this isn't just persecution and intimidation of the Kleins, it is a message and warning to all of us who might disagree with the pervert tyrants: toe the line and shut up or we will come for you next. It started this way in the 1930s with the Nazis first intimidating and persecuting individuals Jews, but it didn't stop there, and anyone who thinks it will stop with this hasn't learned from history. Look for a modern-day version of Kristallnacht next.
The problem is the Fascists face no consequences.
There is no recourse for those objecting to their lawless agenda.
Time to change that.....
America is too far into communism to be able to stand up to Government. Wake up America!
Unfortunately, tyrants only understand one language.
Have you not noticed Christians are under attack from all quarters.....
The Family Research is fighting fires as fast as they spring up...
Give it a break for mercy sakes.
And what have you done for the bakers, or Family Research lately?
Brad Avakian has already deprived them of their First Amendment rights to freedom of religion, freedom of speech, and freedom of association, along with their Eighth Amendment right against excessive fines. Now the petty tyrant is attempting to deprive them of due process. If the Federal Government were on the side of the American people, we would see serious federal charges:
18 U.S. Code § 242 - Deprivation of rights under color of law
“Whoever, under color of any law, statute, ordinance, regulation, or custom, willfully subjects any person in any State, Territory, Commonwealth, Possession, or District to the deprivation of any rights, privileges, or immunities secured or protected by the Constitution or laws of the United States . . . shall be fined under this title, or imprisoned for any term of years or for life, or both, or may be sentenced to death.”
Brad Avakian should feel the full force of the law, on the receiving end. Then his (surviving) sympathizers would understand just how evil their totalitarian actions really are. It’s time for thugs like Oregon’s Bureau of Labor & Industries Commissioner, to back off or face serious consequences. I would celebrate his lawful execution, or even a well-deserved sentence of life without parole in a maximum security prison.
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