Bakery pays $135K for refusing to make gay wedding cake

[Edited for spelling and formatting.]

I’m aware this article is dated, but its story is the basis for my discussion questions.

This is an attempt to solicit RATIONAL discussion on the role and limits of “intervention” and “market forces” in social issues. It is NOT an attempt to attract vitriolic responses. If that’s your intent, move along, citizen… there’s nothing to see here.

Let’s imagine, solely for the sake of discussion, that there’s a town in… West Dakota… named Boogerstownville. The town’s major source of income is the raising and sale of Kiwi fruit. As a result of immigration patterns in the late 1890’s, almost 70% of the people of Boogerstownville have are Caucasians of Tasmanian descent. Additionally, 50% of the citizens are active members of the Our Lord of the Kiwi Christian Church. This sect believes very intensely that “marking the body” is a sin. In fact, doctrine goes so far as to say that marking the body is an abomination against God and Nature. They are taught to shun all persons who openly wear tattoos. Other than that, the sect follows a set of moderate religious and social viewpoints.

There are three restaurants in Boogerstownville.

The first, and oldest, is a sit-down restaurant with the greatest pasta chef in the world (James “Jimmy” Striking Eagle). Never has anyone ever complained about any facet of this restaurant. Service, environment, cost, food quality… all at the tippy-top of everyone’s list. The restaurant, called “Heimlich’s” does remarkably well financially.

There’s a pizzeria in this town, and it’s known for the best Chicago-style pizza in the known universe (the good kind… where the crust is actually a crust, unlike that “other kind” of pizza that people fold-over like a taco and eat like a sandwich… yuck). Like “Heimlich’s” the pizza shop, named “Ichi-San’s”, has hired the greatest pizza chef in the world (named Abdullah “Abe” Oblangata). The pizzeria is also doing very well financially.

For the sake of argument, let’s say that 80% of the adults in Boogersvilletown eat once a week at Heimlich’s. Remarkably, 80% of the adults also eat at Ichi-San’s once a week.

A third restaurateur who hails from North Dakota (Ole Olsen) wants in on the action in Boogersvilletown. He opens a pasta-shop that makes and sells both pasta and pizza – that Chicago kind (yumm). His kitchen staff are professional, but new to the business. His wait staff is also new. They do a good job, but just not the same quality as the other two restaurants. As a result, Ole gets about 30% of the people of Boogerstownville in his restaurant, named “Not The Other Guys”, every week.

After a death in the family, Heimlich’s is sold - lock, stock and barrel - to a family from East Dakota. This family is infamous in East Dakota for its distasteful trait of bigotry towards Tasmanians. Absolutely nothing at Heimlich’s is changed by the new owners, except for two barely visible things. At the cash register, the new owners have placed a pile of flyers that advocate their beliefs of the inferiority of Tasmanians. Additionally, at the bottom of every receipt, they’ve placed the URL of their anti-Tasmanians website.

Claiming a sense of social fairness (or maybe sensing an economic opportunity), Ichi-San’s owner decides to put Pro-Tasmanian materials by its cash register, and the URL of a pro-Tasmanian organization’s website at the bottom of its receipts.

Ole Olsen changes nothing in his establishment. He has a 100% capitalistic attitude… “let the market decide”.

During the media hub-bub surrounding the changes to Heimlich’s and Ichi-San’s, it comes to light that Abe Oblangata (the chef at Ichi-San’s), gets a face tattoo honoring his Ojibwa Sioux heritage. In an unusual turn of events, Jimmy Striking Eagle has a very public epiphany and renounces his Druidic past and joins the Lord of the Kiwi church.

A large number of “Letters to the Editor” are showing up. They take all sides in this issue of bigotry. A group has been formed to protest the changes at Heimlich’s, and to begin a boycott of the establishment. There are rumblings that another group is being formed to protest Ichi-San’s behavior AND the new tattoos of its chef. They also advocate a boycott.

The West Dakota branch of the ACLU has sent an open letter to the local newspaper, making a not-so-subtle threat of legal action if the Anti-Tasmanian bigotry at Heimlich’s is not addressed.

The international office of the Body Art Anti-Defamation League has sent a letter to the local newspaper, making a not-so-subtle threat of legal action if the bigotry against Ichi-San’s chef is not addressed.

Currently, there are ZERO anti-discrimination laws and ordinances on the town books.

YOU are the undisputed political ruler of Boogerstownville.

YOU have 100% support of the rest of the town council.
1. If you take ACTION as Mayor, what would that action be, and WHAT is your GOAL of the action(s)?

2. If you do NOTHING as Mayor, what do you think is the outcome in Boogerstownville? Take into account both the social and legal issues affecting your town.

3. Without regard to the protests and legal threats (i.e., imagine they DO NOT EXIST), what do you think will happen to the three businesses in question in Boogerstownville?

Assume you’re trying to convince the public that you are doing the right thing. PROVIDE reason(s) / justification for your decisions for EACH of the questions.

Let’s discuss this issue RATIONALLY.