Last week, Oregon ordered the owners of the infamous “Sweet Cakes by Melissa” bakery to pay damages to a lesbian couple they had discriminated against, and subsequently harassed — and conservative media, of course, got it all horribly wrong.
In January 2013, when Laurel Bowman and Rachel Cryer planned to marry, they selected a bakery they had done business with before: Sweet Cakes by Melissa. The couple had no idea what horrible anti-gay discrimination and acrimony the bakery owners, Aaron and Melissa Klein, had in store for them — simply because they are gay.
Four years earlier, the Bowman-Cryers moved from Texas to Oregon seeking an inclusive community and friendlier state. They settled into the Portland suburb of Gresham. A few years later, with marriage equality nearing, the couple hoped to adopt their foster kids, and to tie the knot!
Cryer wanted a grand wedding. Her mother came to town, and they visited a local bridal show where they noticed the Sweet Cakes by Melissa booth. They’d ordered from Melissa’s Sweet Cakes once before — for Cryer’s mother’s wedding — and they enjoyed it. So, they scheduled a Sweet Cake tasting for the following day.
When Cryer and her mother arrived at Sweet Cakes by Melissa, Aaron Klein ushered them to his office, where he then asked for the names of the bride and groom. Told there would be two brides, he refused service right then and there. “I believe I have wasted your time,” he claims to have said. “We do not do cakes for same-sex weddings.”
Crying and apologizing to her mother, who Cryer felt she’d deeply embarrassed, she headed to the car. A few moments later, her mother returned to the bakery to defend her daughter. She reasoned with Aaron Klein, saying that she’d once felt as he did, but after having two gay children, her “truth had changed.”
In response, Aaron Klein referenced a Bible verse from Leviticus — which in context, he’d cited perniciously — to call the Bowman-Cryer family “abominations,” which he denies.
When they arrived back home, Cryer retired to bed, distraught and questioning nearly everything. Bowman tried to console her, without success. Bowman always viewed herself as Cryer’s protector, and wondered if a wedding was a good idea if it came with such heavy cost to her family’s emotional well being. One of their kids became upset amidst the emotional tumult.
This was the second time they’d faced discrimination, just trying to plan a wedding as a gay couple. Determined in defending her fiancé and trying to make the world a better place, Bowman filed a consumer complaint with the Oregon Department of Justice (DOJ).
“In november of 2011 my fiancé and I purchased a wedding cake from this establishment for her mother’s wedding. We spent 250. When we decided to get married ourselves chose to back and purchase a second cake. Today, January 17, 2013, we went for our cake tasting. When asked for a grooms name my soon to be mother in law informed them of my name. The owner then proceeded to say we were abominations unto the lord and refused to make another cake for us despite having already paid 250 once and having done business in the past. We were then informed that our money was not equal, my fiancé reduced to tears. This is absolutely unacceptable.”
Cryer spent the most part of the next few days in bed, recovering as her loved ones took to actions. Cryer’s mom left a review on the Sweet Cakes’ Facebook page, cautioning customers on the bakery’s secret “no same-sex wedding” policy. Bowman sent an email to their wedding venue, doing similarly.
It wouldn’t be long till Sweet Cakes’ referral network began to dry up. The people of Gresham, Oregon knew discrimination is wrong — and they’d prefer not to be associated with that sort of bigotry.
The Kleins did not go out of business nor did they go bankrupt, contrary to what the right wing claims. They chose to close their brick-and-mortar shop and take their business online, as many companies do.
Later, the Oregon DOJ sent Cryer’s consumer complaint to the Kleins, with a cover letter requesting that they respond to the complainants. It was an attempt to encourage reconciliation.
Instead, Aaron Klein posted the discrimination complaint to Facebook (not taking the precaution of redacting the couple’s name and address from the document). “This is what happens when you tell gay people you won’t do their ‘wedding cake,'” he posted.
The Kleins then took to the news and media. They cozied up to anti-gay hate group Family Research Council, campaigning at appallingly anti-gay hate rallies, for their business’ totally-fictional right to discriminate against LGBT people.
After filing the discrimination complaint, the Bowman-Cryers became the victims of death threats — as well as outrageous and horrific claims by conservative media outlets and anti-gay groups.
After the ruling was finalized, in stories about the discrimination case, some right wing sites, and some anti-gay users of social media depicted gays, and implicitly the Bowman-Cryers, as fascists, the BOLI as the “Minister of Thoughtcrime,” and the $135,000 fine as a “gay fascism tax.”
All they’d done was file a discrimination complaint. That’s all.
Meanwhile, Bowman & Cryer remained so humbly quiet, concerned with their relationship and family. Sadly, they feared that the negative media attention stirred by the Kleins could endanger their care for and the planned adoption of their two foster children. (The kids’ adoption has since been finalized, thankfully.)
Fortunately, the good State of Oregon has public accommodation laws protecting minorities from discrimination. Even better, the Oregon Bureau of Labor and Industry (BOLI) proved so-very capable in investigating and enforcing those laws. Their Final Order against Aaron & Melissa Klein eloquently cut through the cake to the underlying legal matter, discrimination:
This isn’t about cake. It is about a business’ refusal to serve someone because of their sexual orientation. Under Oregon law, that is illegal.
Within Oregon’s public accommodations law is the basic principle of human decency that every person, regardless of their sexual orientation, has the freedom to fully participate in society. The ability to enter public places, to shop, to dine, to move about unfettered by bigotry.
The agency announced the order in a press release, writing:
The BOLI Final Order awards $60,000 in damages to Laurel Bowman-Cryer and $75,000 in damages to Rachel Bowman-Cryer for emotional suffering stemming directly from unlawful discrimination. The amounts are damages related to the harm suffered by the Complainants, not fines or civil penalties which are punitive in nature.
The Final Order notes that the non-economic damages are consistent with the agency’s previous orders, such as an earlier ruling against a Bend dentist In the Matter of Andrew W. Engle. In that case, BOLI awarded a Christian employee $325,000 in damages for physical, mental and emotion suffering due to religious discrimination and harassment.
According to BOLI’s reasoning, a portion of those emotional damages resulted from the Kleins’ public statements and actions in response to receiving the complaint.
“The Agency’s theory of liability is that since Respondents brought the case to the media’s attention and kept it there by repeatedly appearing in public to make statements deriding Complainants, it was foreseeable that this attention would negatively impact Complainants, making Respondents liable for any resultant emotional suffering experienced by Complainants. The Agency also argues that Respondents are liable for negative third party social media directed at Complainants because it was a foreseeable consequence of media attention.”
It’s important to note, as the Washington Post’s Eugene Volokh pointed out, that the “agency’s theory of liability” – the agency being BOLI – was rejected by the final determining authority, BOLI Commissioner Brad Avakian, as stated in the final finding of facts:
The Commissioner concludes that complainants’ emotional harm related to the denial of service continued throughout the period of media attention and that the facts related solely to emotional harm resulting from media attention do not adequately support an award of damages. No further analysis regarding the media attention as a causative factor is, therefore, necessary.
But again, the BOLI stated, its “Final Order awards $60,000 in damages to Laurel Bowman-Cryer and $75,000 in damages to Rachel Bowman-Cryer for emotional suffering stemming directly from unlawful discrimination.”
BOLI’s order finds no difference between being a homosexual and being a to-be-wed homosexual wedding-cake customer. That seems obvious, but it’s logic lost upon the Kleins. After all, they served the Bowman-Cryer’s before the couple became engaged, and discriminated against them only after learning of the couple’s engagement.
In addition to an order of emotional damages, BOLI ordered the Kleins to “cease and desist” discriminating in their business and to stop promoting their business’ policy of discrimination, in accordance with Oregon law.
It must be noted that BOLI isn’t a court of law, it’s a state business regulatory agency. However, the agency’s regulatory power in the case appears soundly-backed by Oregon law. The BOLI order asserts several court decisions and Oregon law to rebuttress the agency’s enforcement authority in accommodation cases.
If the Kleins did not feel the least bit ignorant for discriminating against a to-be-wed gay couple — surely they do now? After all this — two years of acrimony and anti-gay harassment, and a solid regulatory ruling against them. They do not.
They signaled intent to appeal in a Facebook post following the ruling, writing that the BOLI order “effectively strips us of all our First Amendment Rights. According to the state of Oregon we neither have freedom of religion or freedom of speech.”
Conservative media outlets, like Breitbart and several others, and hate groups, like the Family Research Council, ran with that — posting stories that the Kleins had been subjected to a gag order by the state. That’s factually incorrect. The Kleins have not been issued a gag order, nor are they prohibited from speaking about the case, as they and others allege.
BOLI’s order draws a distinction between the promotion of practiced discriminatory business policy, and religious freedoms or free speech (including political speeches); a distinction the Kleins’ attorneys should advise their clients on—for the sake of their client’s business understanding, if not for the sake of community.
Following the BOLI order, the Bowman-Cryer’s attorney offered a statement from the family:
“This has been a terrible ordeal for our entire family. We never imagined finding ourselves caught up in a fight for social justice,” they said. “We endured daily, hateful attacks on social media, received death threats and feared for our family’s safety, yet our goal remained steadfast. We were determined to ensure that this kind of blatant discrimination never happened to another couple, another family, another Oregonian.”
Editor’s note: All the details in this report come from the State of Oregon’s Bureau of Labor and Industry (BOLI) final finding of fact, unless otherwise linked. For more, see also OregonLive and Snopes.
Editor’s note II: 07.11.15 –
In order to be as comprehensive and accurate as possible, this article has been updated to include analysis published after our original publication date from Washington Post’s Eugene Volokh, as noted above.
CORRECTION [July 7, 2015]: Thanks to Paul F. Thompson, civil rights attorney for the Bowman-Cryer family, for pointing out that in writing the story I’d somehow swapped Bowman and Cryer’s names. I regret that error and the story has been corrected. — BC
Image: Screenshot via YouTube
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It’s Done: Trump Quietly Commutes Roger Stone’s 40 Month Prison Sentence
President Donald Trump Friday evening commuted the prison sentence of his longtime friend and former advisor, Roger Stone. Stone was found guilty by a jury on all seven felony charges, which included lying to Congress, obstruction, and witness tampering.
Senior administration official confirms to Politico that President Trump has commuted Roger Stone’s sentence
— Betsy Woodruff Swan (@woodruffbets) July 10, 2020
Some experts weigh in:
Let’s be clear: this is part of the cover up.
Stone was an accomplice to Trump’s collusion with Russia. But he didn’t give up what he knew on Trump, knowing Trump would protect him. This pardon is therefore likely illegal as its intent is to obstruct justice. https://t.co/PWdnj896ae
— Max Bergmann (@maxbergmann) July 10, 2020
Stone did it. A jury said so. He's just getting the "friends and family" discount from the president.
That's corruption, and Republicans, you own it. https://t.co/N6yCEdMxqI
— Gabriel Malor (@gabrielmalor) July 10, 2020
Schiff: "Trump has engaged in countless acts that are … destructive to our democracy while in office, but commuting the sentence of Roger Stone, a crony who lied and obstructed our investigation to protect Trump himself, is among the most offensive to the rule of law."
— Kyle Griffin (@kylegriffin1) July 11, 2020
This is a breaking news and developing story. Details may change. This story will be updated, and NCRM will likely publish follow-up stories on this news. Stay tuned and refresh for updates.
As Coronavirus Spikes Break New Records Fauci Reveals Trump Doesn’t Even Speak to Him Anymore
President Donald Trump tried to claim the mantle of a “wartime president,” battling the “unseen enemy,” but as it turns out one of the people who could best help him with the coronavirus battle is who’s really “unseen.”
Dr. Anthony Fauci, an immunologist and probably the most respected public health expert on the government’s payroll, reveals the President of the United States no longer talks to him.
In fact, Trump hasn’t talked to Fauci, the director of the National Institute of Allergy and Infectious Diseases (NIAID), in over a month – and hasn’t been able to update Trump in at least two.
“Fauci last saw Trump in person at the White House on June 2 — and says he has not briefed the president for at least two months,” the Financial Times reports.
Could this be the reason?
….Dr. Anthony Fauci, who is with us in all ways, a very high 72% Approval Rating. So, if he is in charge along with V.P. etc., and with us doing all of these really good things, why doesn’t the Lamestream Media treat us as they should? Answer: Because they are Fake News!
— Donald J. Trump (@realDonaldTrump) June 23, 2020
As of Friday the U.S. has 3,262,180 cases of coronavirus, with 136,290 deaths. On Thursday alone there were 61,067 new cases, and 960 deaths.
The New York Times reports new coronavirus cases are up 60% over the past 14 days. In fact, in 39 out of 50 states new cases are increasing.
For example, here’s what Florida’s daily cases per capita chart looks like at The New York Times:
Arizona’s spike is so tall it literally bleeds into the text on the Time’s page:
As recently as Wednesday of last week Trump was still insisting coronavirus will “disappear.”
Michael Cohen, Who Arranged for Trump Hush Money Payments That Led to SCOTUS Case, Surprisingly Taken Back Into Custody
Former personal attorney to President Donald Trump Michael Cohen, known as a “fixer,” was surprisingly taken back into custody by federal authorities just hours after the Supreme Court ruled against the President in a case sparked in part by Cohen’s own testimony before Congress.
Cohen had been sent home from jail in response to concerns over the coronavirus pandemic, but his sentence was not commuted and he allegedly was not to leave the house. He was photographed while dining at a Manhattan French restaurant, Le Bilboquet. Legal experts days ago noted he was risking being returned to jail for possibly violating terms of his release from prison.
The former Trump attorney “was taken into custody by U.S. Marshals and sent to a federal jail after balking at a demand that he agree not to talk to the media, or participate with any film or book, while serving the rest of his criminal sentence on home confinement, his attorney said,” according to CNBC.
“Cohen, his wife, Laura, and another couple spent about an hour chatting before they became the last patrons to leave around 11:30 p.m.,” the NY Post had reported.
“Do you think we need to review [President Trump’s] financial statements and his tax returns?” Congresswoman Alexandria Ocasio-Cortez (D-NY) had asked Trump’s “fixer” back in February.
“Yes, and you’d find it at the Trump Org,” Cohen replied.
— CSPAN (@cspan) February 27, 2019
Cohen Thursday afternoon had visited a federal court house to sign papers related to his house arrest, and possibly be fitted with an ankle monitor, his attorney said, according to MSNBC. That’s when federal marshals, without prior warning, remanded him back into custody.
Experts say they were not surprised he was sent back to a federal jail, after being seen in town and also tweeting.
WATCH: NBC Producer Adam Reiss shares a tick tock of the past few hours, as Michael Cohen was taken back into custody.
“[He was just] going to sign some documents … maybe be fitted for an ankle bracelet. And we were waiting [and] his son was out here.” pic.twitter.com/dk9BHAsCF7
— Meet the Press (@MeetThePress) July 9, 2020
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