Posted on 10/08/2014 3:00:49 AM PDT by 2ndDivisionVet
Hmmm. That does add a wrinkle.
that printers cannot refuse to print materials promoting ideas they disagree with.
Used to be that that was what America was all about.
“I think its time to start going after these Human Rights Commissions as being unconstitutional. “
It’s long past time to form up and stand up.
There is this that may save the guys butt...
The deposit had not been paid...something that is usual at the time the contract is made..
Plus the buyer didn’t seem to think the cost was final..
there appears to be parts of the contract still up in the air..
“Lowe called Adamson asking how to pay the deposit and attempting to negotiate a lower price....”
the unpaid deposit could be explained but the opportunity to pay less for the shirts may be argued as no valid contract at that time...
or something...
Well now there’s any easy fix to this judge....
I will order 100 shirts printed to read:
“Judge Joe Effs the 1st Amendment”
KKK shirt...
Won’t work. Liberals have invented a *right* to be gay, and a right to have others recognize and accept your gayness. They have invented no such right for being a KKK member, nor will they.
Here's one that should be easy for Republicans to make a clear case over. pro-gay behavior tyranny telling us what we must say.
There was a time in this country when someone’s word was his bond. When I ran a business, if a salesperson made a mistake in accepting an order (price, delivery, specification) my company would attempt to fully honor our commitment, even if we lost money or it hurt other business. From my somewhat “old fashioned” perspective, an agreement is an agreement. In this case I have little sympathy for a salesman accepting a customer order and the owner later rejecting it because of his personal convictions. Contracts are contracts.
Had I been the judge in this case I would not have addressed the “discrimination” aspect. I’d simply have ruled the vendor entered into a contract with the customer and the vendor should comply. I don’t see the deposit not being paid as a reason to exit the contract, unless the verbal or written contract specified the amount of deposit and the date by which it needed to be paid. Shame on the vendor for not requiring a deposit at the time the order was entered or the vendor’s salesperson for not collecting the deposit when he/she accepted the order.
With respect to the proposition there was no contract because of the opportunity to pay less for the shirts, I disagree. Even written contracts can be changed after the fact but both parties must agree to the change. A contract is still valid even if one of the parties is attempting to renegotiate the agreement.
With respect to the future of this business, if the owner has a requirement that he must approve all orders before they are valid, this condition should be specified at the time the customer places the order and the review/response time should be quick, not several days or weeks.
If I were the owner of a business, and did not want to accept an order, I’d simply tell the customer I didn’t have the capacity to fulfill the order by the requested delivery date. When I managed businesses “limited capacity” was my standard answer for rejecting custom orders I didn’t want to service. The owner or manager of a business determines how to employ the production capacity of the business, including reserving the capacity for orders that may never materialize. As long as the owner don’t state publicly or privately he is really rejecting the order for other reasons, the production capacity explanation is impossible to challenge.
Government regulates business. Businessmen must follow the law or risk jail and fines for failing to comply. Whether or not the law is just, silly or perceived by the businessman as unconstitutional it doesn’t matter. Rightly or wrongly small business people offended by homosexuality are going to be crushed if they continue to fight the leviathan head on. Better to simply reject the orders that one finds offensive, with what is a justifiable reason, than lose your business fighting a battle the progressive dominated federal and state courts will not allow you to win. If a business chooses to fight the battle by going against the law, the owner must understand the odds of winning are long and the cost of losing can be high.
These rulings are a clear violation of the 1st Amendment’s freedom to peacefully assemble.
Unless it's the government getting involved in which case contracts are merely suggestions.
when Lowe called Adamson asking how to pay the deposit and attempting to negotiate a lower price....
The guy missed his chance right here. Sorry sir, the associate that quoted that price made an error. Yes we can do that for you at (XXX), which should have been 3-4 times the first price.They are custom orders so the business can certainly vary the price. Unlikely the group would pay 3 times more then other place wanted. No discrimination charge,
Long ago, they took it upon themselves to be the final arbiters of what ought to be.
And, as you said, they should be the first ones dangling from lampposts.
I’d take the order and make a big mistake...too late to repair in time for the event.
By that edict, they could also force Christian printers/publishers to print Satanic shirts and tracts.
Printers have rejected offensive materials for decades. Just because you write it does not mean that anyone needs to print it for you.
I dont see the deposit not being paid as a reason to exit the contract, unless the verbal or written contract specified the amount of deposit and the date by which it needed to be paid.
___________________________________
nor do I...
That’s why I said it could be explained..meaning could possibly be etc..
there may have been a reason why it wasn’t paid right then when the shirts were ordered..apparently the buyer did try to pay it..he just needed to know how much it was..
However there is another level to this..too..
It might have involved color etc..which could have effected the price...
maybe the owner had to see the order and the requirements to finalize a price..which would have determined the deposit of whatever % was asked by the business..
so this contract may have been accepted by both parties and an estimate may have been given already ...the buyer came back also to try to change that down ..
theres more to this story than just “Youre a homosexual and you want me to print you up 500 TShirts with this design ??? Nope I don’t do designs that are homosexual in nature..(etc)”
I wonder if the judge would require the printing of KKK anti Obama t-shirts?
Forcing a Christian business to lie is the same thing as forcing a Christian business to compromise their beliefs to print pro-Gay shirts.
The standard has to be a level one. Compel halal bakeries to provide ham sandwiches to their non-halal customers and you’ll see this sort of merde simmer down.
Force muslim businesses to cater to gays, Christians, Jews, etc. and this will all go away.
In the last ten years, the advance of civilization in WA state constitutes the ability to get stoned legally and for homosexuals and lesbians to marry.
We’ve learned nothing from the decline of Rome.
The deposit had not been paid and the gay group was trying to breech any implied contract by asking for a reduced price.
The group wanted to renegotiate the price and had never paid for the work. The contract was apparently not binding.
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