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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: NonValueAdded

Gay bakers and gay flower shop owners can do the same thing to Christians without worrying about legal ramifications.


41 posted on 01/07/2015 5:58:40 PM PST by GeronL
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To: Jonty30

Thanks FRiend.

I understand the issues, just trying to get to fact.

I’ll do some more research.


42 posted on 01/07/2015 5:58:47 PM PST by MV=PY (The Magic Question: Who's paying for it?)
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To: NonValueAdded

Ah yes, the hissy fits will disturb the peace if we don’t do that.


43 posted on 01/07/2015 6:01:13 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: Veto!

Homosexuals are compelled to project their self-hatred onto others.


44 posted on 01/07/2015 6:01:35 PM PST by clintonh8r (Death to islam.)
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To: Jonty30
It is incorporated, and the complaint is filed against both the company and the owner. Here.
45 posted on 01/07/2015 6:09:43 PM PST by MV=PY (The Magic Question: Who's paying for it?)
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To: clintonh8r
Homosexuals are compelled to project their self-hatred onto others.

You know very well that they wouldn't develop self-hatred without society's help. s/

46 posted on 01/07/2015 6:15:43 PM PST by Veto! (Opinions freely expressed as advice)
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To: MV=PY

Than that would be different. The person in question is not just suing the company and the judge ruled that, through her incorporated company that her assets were on the line. She is also.being sued personally.

I don’t agree with the lawsuit and the liberal agenda is making it necessary for Christians to fight back, and we will.


47 posted on 01/07/2015 6:16:56 PM PST by Jonty30 (What Islam and secularism have in common is that they are both death cults)
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To: HiTech RedNeck

...and now that we have the Federal House and Senate, can’t a law be passed allowing for religious objection to a certain endeavor?....afterall, she is not a public employee, she’s a private person with her own business....why can’t she serve who she wants....


48 posted on 01/07/2015 6:22:32 PM PST by cherry
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To: NonValueAdded
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!

In that case the prosecutor has to prove (show-how) the action actually does impact the Peace and safety of the state — in fact, if it were argued that the protections do not extend because of it, her defense could consist solely of the legal equivalent of prove it!The prosecution has failed to demonstrate how the action of refusing to sell flowers constituted a danger to the peace and safety of the entire state of Washington; ladies and gentlemen of the jury, it is obvious that this is precisely the harassment, the molestation, that the State Constitution prohibits! That this travesty of a case has gotten this far is exactly the disgrace and and shame that section 2.1 of the Code of Judicial Conduct mentions! — Ladies and gentelemen of the jury, my client has done nothing wrong in standing by her religious beliefs and the State itself wants you to punish her for that. Are you going to stand with your fellow-citizen, or are you going to kowtow to the State's evil whims of punishing the innocent!?

49 posted on 01/07/2015 6:23:34 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
"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.” "

The judge is allowing it. That seems wrong to me. I hope the defense attorneys play this well.

50 posted on 01/07/2015 6:30:23 PM PST by MV=PY (The Magic Question: Who's paying for it?)
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To: steve86
Correction:

" more so than the actual defendants plaintiffs (with respect to the actions by the state)."

51 posted on 01/07/2015 6:30:50 PM PST by steve86 (Prophecies of Maelmhaedhoc OÂ’Morgair (Latin form: Malachy))
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To: Jonty30
It’s probably because she didn’t incorporate her business

A quick two click of the mouse check of the Washington Secretary of State's website shows an Arlene's Flowers, Inc., Chartered December 18, 1989, with BARRONELLE STUTZMAN as president and chairman.

Try a little harder next time to defend the fascists persecuting her.

52 posted on 01/07/2015 6:39:11 PM PST by PAR35
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To: steve86

It appears to be the only one incorporated with her as president. I guess this is going to turn into a ‘smoke out the liberaltarians thread.


53 posted on 01/07/2015 6:40:43 PM PST by PAR35
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To: steve86

She should have taken the job....and delivered dead, rotting flowers.


54 posted on 01/07/2015 6:42:49 PM PST by rbg81
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To: PAR35

If I were interested in defending those using the courts to attack this woman, I’d have to try harder, a lot harder.


55 posted on 01/07/2015 6:47:30 PM PST by Jonty30 (What Islam and secularism have in common is that they are both death cults)
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To: steve86

Many articles about this are stating she refused to serve gays. That is not true. Basically she refused to enter into a contract that would violate her religious beliefs. If the state can force you to enter into a contract the logical extension of that power is to force you into servitude at their pleasure. How that does not violate your rights is beyond me.


56 posted on 01/07/2015 6:47:58 PM PST by lastchance (Credo.)
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To: Freedom of Speech Wins
http://www.liveleak.com/view?i=bc6_1420632668&use_old_player=1

Actually, lawyers have been doing this (get at the personal assets of company owners), or attempting to, for many years. It's called "piercing the corporate veil". If you do not do a good job of keeping your business and personal accounts separate, it's not tough to "pierce the veil".

(There are other ways to establish the connection from the business to the person, but that is the most common.)

57 posted on 01/07/2015 6:54:45 PM PST by Teacher317 (We have now sunk to a depth at which restatement of the obvious is the first duty of intelligent men)
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To: Teacher317

(That link was from the Muslims killing French cops thread... I guess I didn’t copy the post I was replying to. Mods, feel free to fix, if necessary.)


58 posted on 01/07/2015 7:00:31 PM PST by Teacher317 (We have now sunk to a depth at which restatement of the obvious is the first duty of intelligent men)
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To: daler
"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...

Damned straight!

 photo deadflowers_zps3557703b.jpg

59 posted on 01/07/2015 7:18:31 PM PST by Redbob (W.W.J.B.D.: "What Would Jack Bauer Do)
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To: steve86

Sounds like a State Attorney Generals Office is in bad need of an Enema. Maybe one of the “extra special rights citizens” they shill for will oblige them.


60 posted on 01/07/2015 7:22:21 PM PST by cva66snipe ((Two Choices left for U.S. One Nation Under GOD or One Nation Under Judgment? Which one say ye?))
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