Posted on 5/12/2017, 10:30:17 AM by sasherm13
The Gay and Lesbian Services Organization (“GLSO”), attempted to place an order wioth Hands On Originals (“HOO”) for t-shirts. The opinion states the shirts “would bear a screen-printed design with the words “Lexington Pride Festival 2012,” the number “5,” and a series of rainbow-colored circles around the “5.” The GLSO intended to sell these t-shirts to promote the 2012 Lexington Pride Festival.”
HOO refused to provide the services because it violated their Christian views and trheir policy:
“Hands On Originals both employs and conducts business with people of all genders, races, religions, sexual preferences, and national origins. However, due to the promotional nature of our products, it is the prerogative of Hands On Originals to refuse any order that would endorse positions that conflict with the convictions of the ownership.”
GLSO sued for an alleged violation fot eh Lexington Fairness Ordinance. The Court found no violation occurred because “A contrary conclusion would result in absurdity under the facts of this case. The [contrary] interpretation of the fairness ordinance would allow any individual to claim any variety of protected class discrimination under the guise of the fairness ordinance merely by requesting a t-shirt espousing support for a protected class and then receiving a value-based refusal.”
The opinion is unpblished and is of limited precedential value.