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Thread: Oregon Judge places gag order on Cake bakers, says “cease and desist” from speaking publicly

  1. #1

    Oregon Judge places gag order on Cake bakers, says “cease and desist” from speaking publicly


    Melissa Klein. (Photo: Patrick Frank)



    Oregon Labor Commissioner Brad Avakian finalized a preliminary ruling today ordering Aaron and Melissa Klein, the bakers who refused to make a cake for a same-sex wedding, to pay $135,000 in emotional damages to the couple they denied service.


    “This case is not about a wedding cake or a marriage,” Avakian wrote. “It is about a business’s refusal to serve someone because of their sexual orientation. Under Oregon law, that is illegal.”


    In the ruling, Avakian placed an effective gag order on the Kleins, ordering them to “cease and desist” from speaking publicly about not wanting to bake cakes for same-sex weddings based on their Christian beliefs.


    “This effectively strips us of all our First Amendment rights,” the Kleins, owners of Sweet Cakes by Melissa, which has since closed, wrote on their Facebook page. “According to the state of Oregon we neither have freedom of religion or freedom of speech.”

    The cease and desist came about after Aaron and Melissa Klein participated in an interview with Family Research Council’s Tony Perkins. During the interview, Aaron said among other things, “This fight is not over. We will continue to stand strong.”

    Lawyers for plaintiffs, Rachel and Laurel Bowman-Cryer, argued that in making this statement, the Kleins violated an Oregon law banning people from acting on behalf of a place of public accommodation (in this case, the place would be the Kleins’ former bakery) to communicate anything to the effect that the place of public accommodation would discriminate.

    Administrative Law Judge Alan McCullough, who is employed by the Oregon Bureau of Labor and Industries and was appointed by Avakian, threw out the argument in the “proposed order” he issued back in April.
    But today, Avakian, who was in charge of making the final ruling in the case—and is also an elected politician—reversed that decision.

    “The Commissioner of the Bureau of Labor and Industries hereby orders [Aaron and Melissa Klein] to cease and desist from publishing, circulating, issuing or displaying, or causing to be published … any communication to the effect that any of the accommodations … will be refused, withheld from or denied to, or that any discrimination be made against, any person on account of their sexual orientation,” Avakian wrote.


    The Kleins’ lawyer, Anna Harmon, was shocked by the provision.


    “Brad Avakian has been outspoken throughout this case about his intent to ‘rehabilitate’ those whose beliefs do not conform to the state’s ideas,” she told The Daily Signal. “Now he has ruled that the Kleins’ simple statement of personal resolve to be true to their faith is unlawful. This is a brazen attack on every American’s right to freely speak and imposes government orthodoxy on those who do not agree with government sanctioned ideas.”

    Hans von Spakovsky, a senior legal fellow at The Heritage Foundation, called the order “outrageous” and said citizens of Oregon should be “ashamed.”



    “This order is an outrageous abuse of the rights of the Kleins to freely practice their religion under the First Amendment,” he said.
    It is exactly this kind of oppressive persecution by government officials that led the pilgrims to America. And Commissioner Avakian’s order that the Kleins stop speaking about this case is even more outrageous—and also a fundamental violation of their right to free speech under the First Amendment.

    Avakian would have fit right in as a bureaucrat in the Soviet Union or Red China. Oregon should be ashamed that such an unprincipled, scurrilous individual is a government official in the state.
    The case began in February 2013 when Rachel and Laurel Bowman-Cryer filed a complaint against the Kleins for refusing to bake them a wedding cake.


    At the time of the refusal, same-sex marriage had not yet been legalized in Oregon.


    The Bowman-Cryers’ complaint went to the Oregon Bureau of Labor and Industries, which is in charge of defending the law that prohibits businesses from refusing service to customers based on their sexual orientation, among other characteristics, called the Equality Act of 2007.


    In January 2014, the agency found the Kleins unlawfully discriminated against the couple because of their sexual orientation. In April, McCullough recommended they pay $75,000 to Rachel and $60,000 to Laurel.


    In order to reach the total amount, $135,000, Rachel and Laurel submitted a long list of alleged physical, emotional and mental damages they claim to have experienced as a result of the Kleins’ unlawful conduct.


    Examples of symptoms included “acute loss of confidence,” “doubt,” “excessive sleep,” “felt mentally raped, dirty and shameful,” “high blood pressure,” “impaired digestion,” “loss of appetite,” “migraine headaches,” “pale and sick at home after work,” “resumption of smoking habit,” “shock” “stunned,” “surprise,” “uncertainty,” “weight gain” and “worry.”


    http://dailysignal.com/2015/07/02/st...nes-them-135k/
    Last edited by William Tell; 07-03-2015 at 09:17 AM.
    Quote Originally Posted by dannno View Post
    It's a balance between appeasing his supporters, appeasing the deep state and reaching his own goals.
    ~Resident Badgiraffe






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  3. #2
    Guy doesn't much care about the "order"......


    Quote Originally Posted by tod evans View Post

    Mr. Klein said he plans on appealing the ruling and had harsh words for BOLI Commissioner Brad Avakian.

    “This man has no power over me,” Klein said. “He seems to think he can tell me to be quiet. That doesn’t sit well with me and I refuse to comply.”

    Mr. Klein accused the BOLI of ordering him to not speak publicly about the case – an order he said is unconstitutional.

    “When my constitutional freedoms have been violated by the state I’m going to speak out,” he said. “That’s the way it is.”

  4. #3
    Quote Originally Posted by tod evans View Post
    Guy doesn't much care about the "order"......
    Oregon Constitution:

    Section 8. Freedom of speech and press. No law shall be passed restraining the free expression of opinion, or restricting the right to speak, write, or print freely on any subject whatever; but every person shall be responsible for the abuse of this right

  5. #4
    Quote Originally Posted by phill4paul View Post
    Oregon Constitution:

    Section 8. Freedom of speech and press. No law shall be passed restraining the free expression of opinion, or restricting the right to speak, write, or print freely on any subject whatever; but every person shall be responsible for the abuse of this right

    See the word 'abuse' here is the problem. Is abuse crying out 'fire' in a crowded theater. Maybe it's speaking out against judge order. I personally think the differences are pretty clear as a free speech issue.

    Can't wait to see the volumes wasted on this topic in the press.
    "Nobody wins in a Dairy Challenge" ~ Kenny Rogers, RIP


    "When a man who is honestly mistaken hears the truth, he will either quit being mistaken, or cease to be honest." ~ anonymous


    “The fate of all mankind I see
    Is in the hands of fools” ~ King Crimson

  6. #5
    Came here to post this. I wonder where the recent spate of "pride flag libertarians" are on this one?

  7. #6
    Quote Originally Posted by GunnyFreedom View Post
    Came here to post this. I wonder where the recent spate of "pride flag libertarians" are on this one?
    Well, I mean the homophobes forced the poor lesbians to take up smoking again, it said so in their bitchy complaint. Forcing people to smoke violates the NAP I'm sure....

    In order to reach the total amount, $135,000, Rachel and Laurel submitted a long list of alleged physical, emotional and mental damages they claim to have experienced as a result of the Kleins’ unlawful conduct.


    Examples of symptoms included “acute loss of confidence,” “doubt,” “excessive sleep,” “felt mentally raped, dirty and shameful,” “high blood pressure,” “impaired digestion,” “loss of appetite,” “migraine headaches,” “pale and sick at home after work,” “resumption of smoking habit,” “shock” “stunned,” “surprise,” “uncertainty,” “weight gain” and “worry.”
    Quote Originally Posted by dannno View Post
    It's a balance between appeasing his supporters, appeasing the deep state and reaching his own goals.
    ~Resident Badgiraffe




  8. #7
    "It's good to be king and have your own way
    Get a feeling of peace at the end of the day"

  9. #8
    Quote Originally Posted by William Tell View Post
    Well, I mean the homophobes forced the poor lesbians to take up smoking again, it said so in their bitchy complaint. Forcing people to smoke violates the NAP I'm sure....
    If they took up pole smokin' would they still be considered lesbians?



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  11. #9
    Quote Originally Posted by tod evans View Post
    If they took up pole smokin' would they still be considered lesbians?
    I think they're moved into bi territory.
    Quote Originally Posted by Ron Paul View Post
    The intellectual battle for liberty can appear to be a lonely one at times. However, the numbers are not as important as the principles that we hold. Leonard Read always taught that "it's not a numbers game, but an ideological game." That's why it's important to continue to provide a principled philosophy as to what the role of government ought to be, despite the numbers that stare us in the face.
    Quote Originally Posted by Origanalist View Post
    This intellectually stimulating conversation is the reason I keep coming here.

  12. #10
    Quote Originally Posted by Suzanimal View Post
    I think they're moved into bi territory.

  13. #11
    Quote Originally Posted by Suzanimal View Post
    I think they're moved into bi territory.
    bi's have a territory?

  14. #12
    Sounds like bi, bi Miss American pie.

    Well, in this case, it's cake.

  15. #13
    Quote Originally Posted by GunnyFreedom View Post
    bi's have a territory?

    I may have worded that wrong. I think their borders are open.
    Quote Originally Posted by Ron Paul View Post
    The intellectual battle for liberty can appear to be a lonely one at times. However, the numbers are not as important as the principles that we hold. Leonard Read always taught that "it's not a numbers game, but an ideological game." That's why it's important to continue to provide a principled philosophy as to what the role of government ought to be, despite the numbers that stare us in the face.
    Quote Originally Posted by Origanalist View Post
    This intellectually stimulating conversation is the reason I keep coming here.

  16. #14
    Quote Originally Posted by William Tell View Post
    Well, I mean the homophobes forced the poor lesbians to take up smoking again, it said so in their bitchy complaint. Forcing people to smoke violates the NAP I'm sure....
    With as many "libertarians" as I have seen on FB promoting jail for anyone who refuses to perform a same sex wedding, I have come to the conclusion that most of these "libertarians" care more about punishing Christians than actually defending liberty. Including one high profile person most of us here know who used to work directly for Ron Paul.

  17. #15
    Quote Originally Posted by Suzanimal View Post

    I may have worded that wrong. I think their borders are open.
    Borders, legs, same difference.

  18. #16
    Quote Originally Posted by GunnyFreedom View Post
    With as many "libertarians" as I have seen on FB promoting jail for anyone who refuses to perform a same sex wedding, I have come to the conclusion that most of these "libertarians" care more about punishing Christians than actually defending liberty. Including one high profile person most of us here know who used to work directly for Ron Paul.
    I don't believe I have seen the post from the individual you are referring to.
    Quote Originally Posted by dannno View Post
    It's a balance between appeasing his supporters, appeasing the deep state and reaching his own goals.
    ~Resident Badgiraffe






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  20. #17
    Quote Originally Posted by tod evans View Post
    Guy doesn't much care about the "order"......
    Is there ever a situation where a judge can order a "gag" and it be Constitutional? I am seeing these gag orders more and more, and this is one area where I wholeheartedly support non-compliance.

    We do it all the time. These family court judges issue gag orders to parents frequently after we take their story public about how the State has kidnapped their children. We have received numerous "orders" from these judges, which they force the parents to write to us, demanding we take down our stories from the MedicalKidnap.com website.

    We have yet to comply, and have no intention of doing so. Either the First Amendment means something or it doesn't. We pretend that it does, and act so accordingly.

    I suspect this is basically just a pure bullying tactic by these judges who think a bit more highly of themselves than they ought, and that they would never dare to try and enforce such a gag order in court (although I could be wrong.)
    There is no fear in love, but perfect love casts out fear. For fear has to do with punishment, and whoever fears has not been perfected in love.
    (1 John 4:18)

  21. #18
    Quote Originally Posted by Created4 View Post
    Is there ever a situation where a judge can order a "gag" and it be Constitutional? I am seeing these gag orders more and more, and this is one area where I wholeheartedly support non-compliance.

    We do it all the time. These family court judges issue gag orders to parents frequently after we take their story public about how the State has kidnapped their children. We have received numerous "orders" from these judges, which they force the parents to write to us, demanding we take down our stories from the MedicalKidnap.com website.

    We have yet to comply, and have no intention of doing so. Either the First Amendment means something or it doesn't. We pretend that it does, and act so accordingly.

    I suspect this is basically just a pure bullying tactic by these judges who think a bit more highly of themselves than they ought, and that they would never dare to try and enforce such a gag order in court (although I could be wrong.)
    Good!

  22. #19
    I'm pretty sure they would have made a cake if it was for a birthday party or something, so even the discrimination charge is BS.

    Of course it's not about equality. It's about using the State to punish people who have "bad" opinions.
    Support Justin Amash for Congress
    Michigan Congressional District 3

  23. #20
    Quote Originally Posted by GunnyFreedom View Post
    With as many "libertarians" as I have seen on FB promoting jail for anyone who refuses to perform a same sex wedding, I have come to the conclusion that most of these "libertarians" care more about punishing Christians than actually defending liberty. Including one high profile person most of us here know who used to work directly for Ron Paul.
    No friend of liberty at all.

  24. #21
    Quote Originally Posted by dannno View Post
    It's a balance between appeasing his supporters, appeasing the deep state and reaching his own goals.
    ~Resident Badgiraffe




  25. #22

  26. #23

  27. #24
    Quote Originally Posted by GunnyFreedom View Post
    Came here to post this. I wonder where the recent spate of "pride flag libertarians" are on this one?
    This is great. A great example of the 10th amendment and the rule of law ensuring maximum liberty for everyone.



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  29. #25
    Quote Originally Posted by William Tell View Post
    Now THIS could prove very interesting, depending upon Klein's resolve v. that of the scumbag judge's.

    I wonder whether this might reach SCOTUS, and if so what would they actually find?

    Were this judge to mysteriously disappear, I admit I would be torn. The one side of me would be highly concerned about what such events would portend for the future of American remnants. The other would be uncontrollably cheering with beer, fireworks, hooker parties, and so on.

    What can I say? Like Whitman, "I am large. I contain multitudes."
    freedomisobvious.blogspot.com

    There is only one correct way: freedom. All other solutions are non-solutions.

    It appears that artificial intelligence is at least slightly superior to natural stupidity.

    Our words make us the ghosts that we are.

    Convincing the world he didn't exist was the Devil's second greatest trick; the first was convincing us that God didn't exist.

  30. #26
    Mind boggling that all of this is just about a cake.
    "I am a bird"

  31. #27
    Quote Originally Posted by GunnyFreedom View Post
    Came here to post this. I wonder where the recent spate of "pride flag libertarians" are on this one?
    "What is the problem with gays getting married? It will never affect you!"

  32. #28
    Quote Originally Posted by William Tell View Post
    This is only the beginning. Very soon, freedom of conscience will be illegal. And if there is no freedom of conscience, then there is no freedom at all. Freedom of conscience is the fountainhead of all other political freedoms.

  33. #29
    xxxxx
    Last edited by Voluntarist; 06-26-2016 at 01:09 PM.
    You have the right to remain silent. Anything you post to the internet can and will be used to humiliate you.

  34. #30
    Quote Originally Posted by Voluntarist View Post
    No; what it's about is government ownership of the public marketplace - and it's ability to set the conditions upon which sellers and consumers can participate in it.
    Yes.

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