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Tag Archive: Appellate court


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  The Daily Signal

Aaron and Melissa Klein were ordered to pay $135,000 for refusing to bake a cake for a same-sex wedding. (Photo: Patchbay Media/The Daily Signal)

The agency that ordered Aaron and Melissa Klein to pay $135,000 in damages for refusing to bake a cake for a same-sex couple began the legal process last week to seize the money the Oregon bakers are refusing to pay.

“Our agency has docketed the judgment and is exploring collection options,” Charlie Burr, communications director for the agency, told The Daily Signal. “They are entitled to a full and fair review of the case, but do not have the right to disregard a legally binding order.”

Docketing the judgment is a preliminary step the agency must take in order to seize the Kleins’ house, property, or other assets in lieu of payment.

On July 2, Brad Avakian, commissioner of the Oregon Bureau of Labor and Industries, ordered the Kleins to pay $135,000 for the emotional, physical, and psychological damages they caused Rachel and Laurel Bowman-Cryer for refusing to make a wedding cake.

 

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   The Daily Signal

State Silences Bakers Who Refused to Make Cake for Lesbian Couple, Fines Them $135K

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.”

>>> Related: Colo. Bakery Makes Case for Not ‘Expressing’ Support for Same-Sex Marriage

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.”

 

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  The Daily Signal

Emails Raise Questions of Bias in Case Against Bakers Who Denied Service for Same-Sex Wedding

The Daily Signal has exclusively learned that the government agency responsible for enforcing Oregon’s anti-discrimination law appears to be working closely with a powerful gay rights advocacy group in its case against Aaron and Melissa Klein, owners of Sweet Cakes by Melissa.

Communications between the agency, the Oregon Bureau of Labor and Industries, and the LGBT organization, Basic Rights Oregon, raise questions about potential bias in the state’s decision to charge the Kleins with discrimination for refusing to make a cake for a same-sex wedding.

In April, a judge for the agency recommended the Kleins be fined $135,000.

Communications obtained through a public records request show employees of the Oregon Bureau of Labor and Industries—which pursued the case against the Kleins—participating in phone calls, texting, and attending meetings with Basic Rights Oregon, the largest LGBT advocacy group in the state.

 

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Dutch court rules in favor of unblocking Pirate Bay as ban ‘ineffective’

Published time: January 28, 2014 17:28
Image from flickr user@campuspartymexico

Image from flickr user@campuspartymexico

People in the Netherlands will soon have access to The Pirate Bay, one of the world’s most censored file-sharing websites, as a court in The Hague ruled that Dutch ISPs need to stop blocking the site after the ban proved ineffective against piracy.

The Court of The Hague released its verdict that two leading ISPs operating in the country – XS4All and Ziggo – no longer have to block access to file sharing website The Pirate Bay.

“In applying the case law from the European Court of Justice (ECJ), the Court of Appeal held that an access provider is not under an obligation to take measures that are disproportional and/or ineffective” according to the legal representative of XS4ALL.

The court’s verdict was based on the Charter of Fundamental Rights of the European Union, which includes the “freedom to conduct a business” and “right to property.” Entrepreneurial freedom overrides property rights, the court ruled.

The Pirate Bay was blocked by Ziggo in 2010 after anti-piracy group Stichting Brein, which represents copyright holders in the Netherlands, went to court, citing the file-sharing website’s copyright violations. In 2012, XS4ALL joined Ziggo to appeal the court’s previous ruling. Brein took the case to court again, winning a full trial.

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