Washington State

Office of the Attorney General

Attorney General

Bob Ferguson

FOR IMMEDIATE RELEASE: 
Feb 16 2017

Unanimous victory for equality

OLYMPIA — The Washington State Supreme Court today unanimously upheld a lower court decision in Attorney General Bob Ferguson’s consumer protection lawsuit against a Richland florist. The court agreed with Ferguson that Arlene’s Flowers violated Washington’s Consumer

Attorney General Bob Ferguson at podium
Attorney General Bob Ferguson speaks at a Feb. 16, 2017 press conference announcing a unanimous Washington Supreme Court decision in the Arlene's Flowers case. At right, attorney Michael Scott, who represented Robert Ingersoll and Curt Freed on behalf of ACLU Washington.

Protection Act and the Washington Law Against Discrimination (WLAD) by refusing to serve a same-sex couple seeking to buy wedding flowers in 2013.

“I brought this case seeking a definitive, unequivocal decision from our state’s highest court that discrimination against our LGBTQ brothers and sisters is illegal,” Ferguson said. “That’s exactly what the court said today.”

In the unanimous decision authored by Justice Sheryl Gordon McCloud, the court concluded, “The State of Washington bars discrimination in public accommodations on the basis of sexual orientation. Discrimination based on same-sex marriage constitutes discrimination on the basis of sexual orientation. We therefore hold that the conduct for which Stutzman was cited and fined in this case — refusing her commercially marketed wedding floral services to Ingersoll and Freed because theirs would be a same-sex wedding — constitutes sexual orientation discrimination under the WLAD.”

Under Washington law, a business need not provide a particular service, but if it chooses to do so for couples of the opposite sex, it must provide that service equally to same-sex couples.

 

Case background

On March 1, 2013, Robert Ingersoll spoke with Arlene’s proprietor Barronelle Stutzman about purchasing flowers for his upcoming wedding to his husband, Curt Freed. Stutzman refused, based on her personal objection to marriage equality.

On March 28, the Attorney General’s Office sent a letter to Stutzman asking her to comply with Washington law, which prohibits businesses from discriminating on the basis of sexual orientation.

Had Stutzman agreed to no longer discriminate, the letter stated, the Attorney General’s Office would not have filed suit, and Stutzman would not have paid any costs, fees or penalties.

Stutzman refused. On April 9, 2013, the Attorney General’s Office filed a consumer protection lawsuit against Arlene’s Flowers and Stutzman for refusing to serve the couple.

Ingersoll and Freed filed their own lawsuit against the defendants on April 18, which the trial court consolidated with the State's case on July 24.   

On Feb. 18, 2015, Benton County Superior Court Judge Alex Ekstrom granted the state’s motion for summary judgment, ruling the defendants had violated the Consumer Protection Act.

Judge Ekstrom awarded the state a $1,000 penalty under the Consumer Protection Act — and the $1 in costs and fees the state requested — on March 27, 2015.  The appeal to the Supreme Court followed. 

Attorney General Bob Ferguson presented oral arguments before the Supreme Court on November 15, 2016. Solicitor General Noah Purcell, Deputy Solicitors General Alan Copsey and Becca Glasgow and Executive Assistant Kristen Jensen assisted with the appeal.

Senior Counsel Todd Bowers and Solicitor General Purcell argued the case in Superior Court, assisted by former Assistant Attorneys General Kim Gunning and Sarah Shifley.

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The Office of the Attorney General is the chief legal office for the state of Washington with attorneys and staff in 27 divisions across the state providing legal services to roughly 200 state agencies, boards and commissions. Visit www.atg.wa.gov to learn more.

 

 

Contacts:

Peter Lavallee, Communications Director, (360) 586-0725; PeterL@atg.wa.gov