I first wrote about this on May 17. With the help of Alliance Defending Freedom, Brush and Nib filed a pre-enforcement challenge to Phoenix’s nondiscrimination law. The invitation makers had not been asked to serve any gay couples. They wanted to be sure that they could turn them away if they were so encumbered. As I wrote in May:
We all know where this is going. At considerable taxpayer expense this is going to wind its way through the courts. ADF will lose this case at each stop.
Eventually they will try to get this before the Supreme Court of the
United States which will decline to hear the case as the justices
declined to hear Elane Photography v. Willock (Elane was also represented by ADF).
Well, sure enough:
Plaintiffs are not likely to succeed on the merits given that the Phoenix ordinance does
not violate Plaintiffs’ right to free speech and does not impose a substantial burden on their
exercise of religion. The possibility of irreparable injury is quite small, at best, given that
Plaintiffs are free to express their beliefs on their business website and may practice their
religious beliefs without substantial burden. The balance of hardships favors Defendant City,
given the government’s interest in allowing its citizens to enjoy public accommodations free of
discrimination based on sexual orientation. Finally, the public policy underlying anti-
discrimination laws for sexual orientation runs contrary to the requested injunction. Thus, the
Court declines to grant Plaintiffs the preliminary injunction requested in this case.
IT IS ORDERED denying Plaintiffs Motion for Preliminary Injunction.
This enterprise consists of two young women, Breanna Koski and Joanna Duka. They have no physical presence, just a website. May I offer some advice? Focus on bringing customers to the business rather than turning them away. This time and negative energy is destructive to any business plan.
Meanwhile, we will all end up following this misadventure (doomed to failure) for a very long time while ADF pimps the principals for donations. Win or lose, it’s all the same calculus for them.