Posted on 10/09/2024 4:51:16 AM PDT by george76
Big City Coffee owner Sarah Fendley celebrates a victory she hopes will set a First Amendment precedent despite Boise State’s plans to appeal
Coffee shop owner Sarah Fendley, who argued Boise State University forced her business off campus due to her public support for law enforcement, shared with The College Fix her reaction to the trial’s $4 million verdict and her message to those in similar situations.
Reflecting on the nine-day trial, Fendley (pictured) told The Fix in a phone interview she was “terrified that the truth wasn’t going to be enough.”
The school “made sure every day to fill the courtroom with employees, staff, and administration to show that they had power. It was bullying, right up until the last moment,” she said.
She recounted feeling mixed emotions as the judge ruled in her favor on both the First Amendment and retaliation claims. “I just started to cry…I was totally overwhelmed with probably every emotion you can think of,” she said.
“At least I know that I got the verdict, no matter what Boise State comes out swinging with next,” she said.
Fendley hopes her case sends a message to others facing similar situations.
“You’re not alone,” she said. “You can find the right people to support you, they are out there. But you have to look because a lot of people are afraid to take on cases like this.”
“We started four years ago with 14 claims and five defendants, including the school. Over time, they chipped away at our claims until we went to trial with one claim left and two defendants. And we won a unanimous verdict,” Fendley told The Fix.
During the trial, Fendley argued that BSU administrators targeted her business due to her support of law enforcement, which she maintained publicly on social media, as previously reported by The Fix.
Her attorney, Mike Roe, claimed this was a First Amendment violation as administrators retaliated based on political viewpoints. BSU’s defense argued that the university acted within its rights, that no direct evidence showed retaliatory intent, and that the decision aligned with the school’s safety and inclusivity policies, Idaho Statesman reported.
The jury ruled in Fendley’s favor, awarding $4 million for lost business revenue, emotional distress, and punitive damages.
When asked about the verdict, BSU Chief Communications and Marketing Officer Lauren Griswold told The Fix, “College campuses must support the free exchange of ideas.”
“We have striven to ensure that voices from all political perspectives have a place on our campus, as evidenced by our Institute for Advancing American Values and Idaho Listens, and we remain steadfast in that commitment,” she wrote in an email statement.
The College Fix also contacted BSU attorney Keely Duke, the school’s general counsel, and Mike Roe via email for comment in the last week. The Fix asked about the case’s impact and the school’s plan to appeal. None responded.
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When asked about her hopes for the case’s impact, Fendley said she believes it has the potential to set an important legal precedent.
“What we did will be case law,” she said, noting that her case has created new protections for independent contractors facing First Amendment retaliation.
“I’m so proud that we did that. It’s unbelievable, but we did it,” she said.
However, the case came at great personal cost. She had to make the difficult decision to close Big City Coffee before the trial began.
“I closed before the trial because I knew in my heart that I wouldn’t be able to survive the trial and keep Big City going at the same time,” she said through tears.
Though she still owns the brand and website, the future of Big City Coffee remains uncertain. “I haven’t had a chance or let myself grieve closing it. This isn’t over—it could take years,” she said.
Fendley also said BSU has already indicated that it plans to challenge the decision.
“They have 42 days from the time the verdict was entered to file an appeal. If they do, they’ll have to put up 150% of the verdict as a bond, and that accrues interest daily,” Fendley said.
She is “certain it will be a fight” with the school.
BSU’s attorney Keely Duke announced plans to appeal the case to the Idaho Supreme Court in a statement last month, Idaho Education News reported.
“We respectfully but strongly disagree with today’s verdict and plan to appeal,” Duke stated. “We were honoring the First Amendment rights of all involved.”
When asked about the verdict, BSU Chief Communications and Marketing Officer Lauren Griswold told The Fix, “College campuses must support the free exchange of ideas.”
The school’s legal expenses have already exceeded $1 million, and Fendley’s team has yet to be paid because the case is still unresolved due to the pending appeal, the coffee shop owner said.
Her legal team has been working on a contingency basis, meaning they agreed to take on her case without upfront payment, with the expectation of being paid only if they won.
Did the verdict include any additional punitive amounts from Boise State?
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No state is exempt from the Woke Mind Virus.
Isn’t the STATE COLLEGE chartered and funded in part by the STATE GOVERNMENT of Idaho?
Seems to me some fire should be set under the rear ends of a few legislators and the governor for allowing the State run College to abuse this business owner using tax payer funds!
Good points!
The legislature should be defunding the university over this, if they can’t outright fire the administrators responsible.
BSU’s attorney Keely Duke: “We were honoring the First Amendment rights of all involved.”
That’s rich. They honored the butthurt of a few quislings and deliberately dishonored the actual First Ammendment Right of the coffee shop owner.
EC
Sweeeeeet.
Sarah Fendley kneed the communist system in the crotch hat tip.
Constitution overrides and supersedes their desires for diversity, equity, and inclusion .
They are PERSONALLY at risk of civil and criminal penalties for “deprivation of rights under color of law”.
There is a good question whether subsequent acts or statements could be used to show bad intent. The university said “We were honoring the First Amendment rights of all involved.” Then, when someone said something the University did not like, they were kicked out.
I agree but I wish the “right people” would agree!
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