Florist who refused flowers for same-sex wedding can be held personally liable for her actions
A Washington florist being sued for refusing to provide flowers for a same-sex wedding may be held personally liable for her actions, a judge has held.
The judge also upheld the state attorney general’s authority to sue the florist under the state’s consumer protection and anti-discrimination statutes, the Seattle Post-Intelligencer and the Tri-City Herald report.
Richland, Wash., florist Baronelle Stutzman, owner of Arlene’s Flowers, is being sued by both the state and the couple over her refusal to sell them flowers for their 2013 wedding.
Stutzman, a Christian, has cited her religious beliefs for her refusal to sell the couple flowers.
Her lawyers had argued that the claims against her in her personal capacity, which they called unprecedented and unjust, should be dropped.
But Benton County Superior Court Judge Alex Ekstrom, in a 35-page ruling (PDF) Wednesday, sided with lawyers for the couple and the state, saying the “clear language” of the consumer protection and anti-discrimination laws “supports both individual and corporate liability.”
Ekstrom also upheld the attorney general’s authority to file suit, saying the legislature clearly intended to allow the attorney general “independent unfettered authority to bring this action.”
A lawyer for Stutzman said she was disappointed by the ruling, which she noted could subject her client personally to civil penalties and attorney fees if she loses.
State Attorney General Bob Ferguson said in a statement that it was “no accident” the judge’s ruling so clearly mirrors the state’s arguments.
“We believe that Washington law is very clear that businesses in Washington cannot discriminate,” he said.
