Lexington Printer Free Not to Print Pro-Gay Material, Court Rules
Human Rights Commission did not even try to prove what the law requires it to prove
Overturning an order by the Lexington-Fayette Urban County Human Rights Commission, the Fayette County Circuit Court ruled that a printer did not have to print messages that conflicted with his religious beliefs.
In 2012, Blaine Adamson, whose company is called Hands On Originals, had declined to print t-shirts for the Gay and Lesbian Services Organization’s Lexington Pride Festival. Even though he offered to refer the group to another printer who would print the t-shirts for the same price, the GLSO sued him. The Commission sided with the GLSO. Adamson appealed, and was represented by Jim Campbell, Senior Legal Counsel for the Alliance Defending Freedom.
The Commission claimed that it only wanted Adamson’s company “to treat everyone the same.” Summarizing the court’s argument in Hands On Originals v. Lexington-Fayette Urban County Human Rights Commission, the ADF reported that “Adamson regularly does business with and employs people who identify as homosexual, so his decision was based solely on his constitutionally protected freedom to decline to convey a message with which he disagrees, not on any characteristic of the customer.”
In its decision, the court ruled that the Human Rights Commission’s order against Adamson was:
(a) in violation of Constitutional and statutory provisions; (b) in excess of the statutory authority of the agency; (c) without support of substantial evidence on the whole record; (d) arbitrary, capricious, or characterized by an abuse of discretion; and (e) deficient as otherwise provided by law.
Fayette Circuit Judge James Ishmael strongly criticized the Commission’s case. The Commission was legally required to “prove by clear and convincing evidence that it has a compelling government interest” in restricting Adamson’s freedom to act and that it had used “the least restrictive means” to do so. The Commission, however, “has not even attempted, much less shown” what it was legally required to prove.
Commenting on the case, Campbell said it showed that “the government can’t force citizens to surrender their free speech rights, or their religious liberty, in order to run a small business.”
The Commission will consider its next step at its board meeting next Monday, Kentucky.com reported. An appeal is expected. The Commission published a short note on its Facebook page saying “We did not lose! We are now tied and look forward to round 3!”