The Eighth Amendment (Amendment VIII) to the United States Constitution is the part of the United States Bill of Rights (ratified December 15, 1791[1]) prohibiting the federal government from imposing excessive bail, excessive fines, or cruel and unusual punishments, including torture. The U.S. Supreme Court has ruled that this amendment's Cruel and Unusual Punishment Clause also applies to the states. The phrases in this amendment originated in the English Bill of Rights of 1689.
Good post. Yes this “commissioner” is clearly violating the bakery owner’s 8th Amendment rights for this cruel and indeed unusual punishment and is also likely far exceeding his statutory authority for levying fines and other punishment.
He at most can fine this business $1,000 to $5,000 max and could also take action against their business liscense. He cannot dictate from what source the fines can be paid and also cannot put gag orders on them or have them imprisoned. Only a court judge can put a gag order place or order how a fine is to be paid.
These folks need to fight this hard and not let this stand. They also need competent legal representation. I’m surprised Jay Sekulow and the ACLJ haven’t come to these folks defense, due to this being a precedent setting test case.