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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: steve86

Well, it’s the only one in Washington state. And Barronelle Stutzman is listed as president/chairman. :-)


21 posted on 01/07/2015 5:37:29 PM PST by FoxInSocks ("Hope is not a course of action." -- M. O'Neal, USMC)
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To: Jonty30

It would seem to be begging for an appeal, which could overturn some or all of this nonsense. But she has to go through the show trial first, those wheels have to keep on grinding exceeding fine even when an obvious injustice is in progress.


22 posted on 01/07/2015 5:37:39 PM 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

I’m surprised she was not taken out and stoned to death. Maybe next year.


23 posted on 01/07/2015 5:38:49 PM PST by madprof98
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To: steve86

Still boggles my mind to see such madness like this happening. But America is quickly becoming an actively anti-Christian country which requires people to bend down and lick the shoes of evil, or be destroyed.


24 posted on 01/07/2015 5:39:00 PM PST by greene66
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To: Veto!

You know, in this case the “couple” was initially low-key about it and were disappointed, but not militant or looking for trouble. It was others who goaded them into filing the lawsuit.


25 posted on 01/07/2015 5:39:08 PM PST by steve86 (Prophecies of Maelmhaedhoc OÂ’Morgair (Latin form: Malachy))
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To: steve86

Haters attack everywhere.

They need to be called what they are, haters.


26 posted on 01/07/2015 5:40:05 PM PST by Chickensoup (Leftist totalitarian fascism is on the move.)
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To: steve86
It was others who goaded them into filing the lawsuit.

Lessee, who could that have been?. Was Jesse Jackson there? So many grievances, how's a girl supposed to keep up?

27 posted on 01/07/2015 5:41:52 PM PST by Veto! (Opinions freely expressed as advice)
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To: Jonty30

actually that is not true. When we were incorporated we were told that it does not matter much when it comes to lawsuits with closely held corporations.


28 posted on 01/07/2015 5:41:54 PM PST by Chickensoup (Leftist totalitarian fascism is on the move.)
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To: Veto!
As I've said repeatedly, I don't understand why this is a problem.

If I were a florist, baker, caterer or whatever, I would gladly provide service to a couple of deviants, rather than face the inevitable legal hassles.

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

29 posted on 01/07/2015 5:44:35 PM PST by daler
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To: steve86

What a horrible thing. Greedy evil people robbing that poor woman of her right of conscience and her property.


30 posted on 01/07/2015 5:46:47 PM PST by The Ghost of FReepers Past (Woe unto them that call evil good, and good evil; that put darkness for light..... Isaiah 5:20)
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To: Jonty30

Corporations are people.


31 posted on 01/07/2015 5:46:49 PM PST by Lisbon1940
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To: steve86

So basically the court says humans can be slaves


32 posted on 01/07/2015 5:47:40 PM PST by GeronL
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To: steve86

I will pray for her. This is madness.


33 posted on 01/07/2015 5:48:36 PM PST by SoFloFreeper
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To: steve86

Lots of small businesses incorporate for tax reasons. What sort of hideous state legislators passed that horrible law anyway? And what sort of evil people would celebrate their “wedding” by robbing some lady of all she owns?


34 posted on 01/07/2015 5:48:58 PM PST by The Ghost of FReepers Past (Woe unto them that call evil good, and good evil; that put darkness for light..... Isaiah 5:20)
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To: Veto!

It never is.


35 posted on 01/07/2015 5:49:11 PM PST by mykroar ("Never believe anything until it has been officially denied." - Otto von Bismarck)
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To: daler

“If I knew you were coming, I’d have stepped on the cake.” Something like that?


36 posted on 01/07/2015 5:50:26 PM PST by Veto! (Opinions freely expressed as advice)
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To: NonValueAdded
No, based on the WLAD, which appears to pierce the corporate liability protections.

Washington State Constitution
ARTICLE I, SECTION 11 RELIGIOUS FREEDOM.
Absolute freedom of conscience in all matters of religious sentiment, belief and worship, shall be guaranteed to every individual, and no one shall be molested or disturbed in person or property on account of religion; but the liberty of conscience hereby secured shall not be so construed as to excuse acts of licentiousness or justify practices inconsistent with the peace and safety of the state. No public money or property shall be appropriated for or applied to any religious worship, exercise or instruction, or the support of any religious establishment: PROVIDED, HOWEVER, That this article shall not be so construed as to forbid the employment by the state of a chaplain for such of the state custodial, correctional, and mental institutions, or by a county's or public hospital district's hospital, health care facility, or hospice, as in the discretion of the legislature may seem justified. No religious qualification shall be required for any public office or employment, nor shall any person be incompetent as a witness or juror, in consequence of his opinion on matters of religion, nor be questioned in any court of justice touching his religious belief to affect the weight of his testimony.
Now, what does the underlined mean?
If this legal-action is to pierce the corporate liability protections, then it must be that the personal religious protection must apply. Forcing her to sell her possessions against her will because of religious sentiment is molesting or disturbing in person or property.
37 posted on 01/07/2015 5:53:50 PM PST by OneWingedShark (Q: Why am I here? A: To do Justly, to love mercy, and to walk humbly with my God.)
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To: Jonty30

Yep. probably an S corp.


38 posted on 01/07/2015 5:54:09 PM PST by glorgau
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To: The Ghost of FReepers Past
And what sort of evil people would celebrate their “wedding” by robbing some lady of all she owns?

The "evil people" are basically the state and the attorneys hired by or employed by the state, more so than the actual defendants (with respect to the actions by the state).

39 posted on 01/07/2015 5:55:35 PM PST by steve86 (Prophecies of Maelmhaedhoc OÂ’Morgair (Latin form: Malachy))
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To: OneWingedShark

Sorry but you can’t stop at the semicolon. Read the rest of the first sentence and you will see how the black-robed tyrants will justify their sticking it to this woman.

Peace and safety of the state? Dayum, that can justify ANY act of a tyrannical State!


40 posted on 01/07/2015 5:57:50 PM PST by NonValueAdded (Pointing out dereliction of duty is NOT fear mongering, especially in a panDEMic)
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