20180206-bc-tastriesopen-2

Tastries Bakery 

A lawsuit filed against a local baker who refused to bake a wedding cake for a same-sex couple was allowed to proceed Tuesday and a trial date is expected to be set during a hearing next month.

Charles LiMandri, the attorney representing Tastries Bakery owner Cathy Miller, said Superior Court Judge David Lampe denied a motion that would have ended the case Tuesday.

But LiMandri said if the facts of the case bear out he's confident they'll prevail. He noted Lampe has not budged from his earlier ruling stating the making of a wedding cake is protected artistic expression. 

"The right to freedom of speech under the First Amendment outweighs the State's interest in ensuring a freely accessible marketplace," Lampe wrote in the February 2018 ruling. "The right of freedom of thought guaranteed by the First Amendment includes the right to speak, and the right to refrain from speaking. Sometimes the most profound protest is silence."

Lampe's ruling, however, did not address the underlying case but simply denied a preliminary injunction which would have compelled Tastries to make wedding cakes for same-sex couples from the time the injunction was granted to the day the case was concluded.

Following the ruling, state Department of Fair Employment and Housing filed suit seeking damages under the Unruh Civil Rights Act. The suit was filed on behalf of the department and Eileen and Mireya Rodriguez-Del Rio, the married couple who were refused service at the bakery.

"Tastries and Ms. Miller's refusal to provide full and equal wedding cake services to the Rodriguez-Del Rios constituted discrimination based on sexual orientation in violation of the Unruh Civil Rights Act," the state argued in the complaint.

A case management conference — where a trial date will be set — is scheduled for April 15. The case is expected to go to trial sometime next year. 

(7) comments

ddlobo

So now it comes to Bakersfield. This is a bunch of LIBERAL BS. Why don't these offended gays just go to another bakery. Only people that will benefit from this is the Lawyer.

SMGB1

Did the owner refuse service? No. Did she offer to bake a cake? Yes but not “the cake” they wanted due to her religious beliefs. She has that right just like they had the right to go elsewhere to a bakery that would. Some people are like little kids throwing a tantrum when told no.

BanditIvy

Couldn't they find a good Taliban baker?

chargersfan

Are the signs posted everywhere that say "we reserve the right to refuse service to anyone" legal or illegal?

Vico17

Why do liberals try to destroy the lives of everyone they hate? Can't they simply ask God to bless them too, and keep doing what they do? Or do they hate those who are blessed because they are blessed? We live in an age of victim Olympics.

Sabrina

I seriously feel that some of these people are holding on to butthurt from their childhoods or something. Probably got made fun of and now spend their time striking back at their ghosts from the past.

GaryJohns

Did they get married? Did they have a cake? Voila....They found someone!

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