A Kern County Superior Court judge ruled attorneys representing Tastries Bakery Owner Cathy Miller should be paid $3.62 million after she encountered a financial burden placed upon her by the government “aggressively” pursuing legal enforcement.
Lesbian couple Mireya and Eileen Rodriguez-Del Rio walked into Tastries Bakery in 2017 hoping to get a wedding cake. Miller denied the women the product, saying their wedding violated her fundamental Christian beliefs.
That refusal kicked off a yearslong legal fight in which the California Department of Civil Rights sued Miller, saying she discriminated against the Rodriguez-Del Rios. Another judge ruled against the government and said Miller’s First Amendment rights are protected in 2018. The Fifth District Court of Appeal vacated that decision and sent it back to Superior Court to be relitigated.
Kern County Superior Court Judge Eric Bradshaw ruled in favor of Miller last year and said the California Department of Civil Rights — formerly known as the California Department of Fair Employment and Housing — couldn’t prove she intentionally discriminated against the couple.
In Friday’s ruling about attorney’s fees, Bradshaw noted lawyers Charles LiMandri and Paul Jonna represented Miller for free and they “vindicated the liberties and rights of constitutionally-protected speech and religion, which are important rights affecting the public interest.” They spent a total 3,501.4 hours on this case, the ruling said.
The California Department of Civil Rights promised to appeal Bradshaw’s ruling and added it shouldn’t have to pay attorneys’ fees. Their written statement added that a defendant sued under an act protecting individuals from discrimination must prove the government’s action was “frivolous” and Kern Superior Court determined this particular decision was not “frivolous.”
“The Department disagrees with the trial court that Defendants can recover attorneys’ fees under any other law,” the statement finished.
Judge Bradshaw also said the defendants incurred legal fees for engaging with the news media. Miller received death threats and gay pornography, showing attorneys needed to engage with reporters to talk about their side, the ruling said.
You can reach Ishani Desai at 661-395-7417. You can also follow her at @_ishanidesai on Twitter.
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