Country Mill Farms, LLC v. City of E. Lansing

• Decision Date: 16 November 2017
• Docket Number: No. 1:17–cv–487,1:17–cv–487
• Citation: 280 F.Supp.3d 1029
• Parties: COUNTRY MILL FARMS, LLC and Stephen Tennes, Plaintiffs, v. CITY OF EAST LANSING, Defendant.
• Court: U.S. District Court — Western District of Michigan

280 F.Supp.3d 1029

COUNTRY MILL FARMS, LLC and Stephen Tennes, Plaintiffs,

v.CITY OF EAST LANSING, Defendant.

No. 1:17–cv–487

United States District Court, W.D. Michigan, Southern Division.

Signed November 16, 2017

David Andrew Cortman, Rory Thomas Gray, Lawrenceville, GA, Jeremy David Tedesco, Jonathan Andrew Scruggs, Samuel David Green, Katherine L. Anderson, Scottsdale, AZ, Jeshua Thomas Lauka, James R. Wierenga, David & Wierenga PC, Grand Rapids, MI, John J. Bursch, Bursch Law PLLC, Caledonia, MI, for Plaintiffs.

Michael S. Bogren, Kalamazoo, MI, Thomas M. Yeadon, McGinty Hitch Housefield Person Yeadon & Anderson PC, East Lansing, MI, for Defendant.

OPINION AND ORDER GRANTING IN PART AND DENYING IN PART MOTION TO DISMISS

Paul L. Maloney, United States District Judge

Stephen Tennes believes marriage is a sacramental union between one man and one woman. Tennes promotes his farm, Country Mill, as a place to host weddings. In conformity with his beliefs, Tennes will not host weddings on his farm between same-sex couples. He has written about his beliefs on Country Mill's Facebook page, and expressed those beliefs as the policy at County Mill. Following Tennes's most recent announcement, the East Lansing Farmer's Market declined Tennes's 2017 vendor application. Tennes then sued the City of East Lansing, alleging that the decision violated his First Amendment rights to Free Speech and Freedom of Religion, among other things. The City filed a motion to dismiss. (ECF No. 13). The Court held a hearing on the motion. Assuming the allegations are true, the sequence of events permits the inference that the City targeted Tennes's speech and religious beliefs and, therefore, most of Plaintiffs' claims are plausible.

I.

Under the notice pleading requirements, a complaint must contain a short and plain statement of the claim showing how the pleader is entitled to relief. Fed. R. Civ. P. 8(a)(2) ; see Thompson v. Bank of America, N.A. , 773 F.3d 741, 750 (6th Cir. 2014). The complaint need not contain detailed factual allegations, but it must include more than labels, conclusions, and formulaic recitations of the elements of a cause of action. Bell Atl. Corp. v. Twombly , 550 U.S. 544, 555, 127 S.Ct. 1955, 167 L.Ed.2d 929 (2007). A defendant bringing a motion to dismiss for failure to state a claim under Rule 12(b)(6) tests whether a cognizable claim has been pled in the complaint. Scheid v. Fanny Farmer Candy Shops, Inc. , 859 F.2d 434, 436 (6th Cir. 1988).

To survive a motion to dismiss, a plaintiff must allege facts sufficient to state a claim for relief that is "plausible on its face" and, when accepted as true, are sufficient to "raise a right to relief above the speculative level." Mills v. Barnard , 869 F.3d 473, 479 (6th Cir. 2017) (citation omitted). "The complaint must ‘contain either direct or inferential allegations respecting all material elements necessary for recovery under a viable legal theory.’ " Kreipke v. Wayne State Univ. , 807 F.3d 768, 774 (6th Cir. 2015) (citation omitted). "A claim is plausible on its face if the ‘plaintiff pleads factual content that allows the court to draw the reasonable inference that the defendant is liable for the misconduct alleged.’ " Ctr. for Bio–Ethical Reform, Inc. v. Napolitano , 648 F.3d 365, 369 (6th Cir. 2011) (quoting Twombly , 550 U.S. at 556, 127 S.Ct. 1955 ). "The plausibility standard is not akin to a ‘probability requirement,’ but it asks for more than a sheer possibility that a defendant has acted unlawfully." Ashcroft v. Iqbal , 556 U.S. 662, 678, 129 S.Ct. 1937, 173 L.Ed.2d 868 (2009) (citations omitted). When considering a motion to dismiss, a court must accept as true all factual allegations, but need not accept any legal conclusions. Ctr. for Bio–Ethical Reform, 648 F.3d at 369. Naked assertions without further factual enhancement, formulaic recitations of the elements of a cause of action, and mere labels and conclusions will be insufficient for a pleading to state a plausible claim. SFS Check, LLC v. First Bank of Delaware , 774 F.3d 351, 355 (6th Cir. 2014) (citations omitted).

II.

Plaintiffs filed their complaint on May 31, 2017. The complaint alleges nine causes of action. In Count 1, Plaintiffs allege violations of their right to Free Speech, including an as-applied content and viewpoint discrimination claim, facial and an overbreadth claim, and a claim for retaliation. In Count 2, Plaintiffs allege violations of their Free Press rights. In Count 3, Plaintiffs allege a claim for unconstitutional conditions. Count 4 is Plaintiffs' claim for violations of their Free Exercise of religion. Count 5 is Plaintiffs' claim for violations of the Establishment Clause. Count 6 is Plaintiffs' claim for violations of their rights to Equal Protection. In Count 7, Plaintiffs claim their rights to Due Process were violated. Count 8 is Plaintiffs' claim for a violation of Michigan's Home Rule City Act. Finally, in Count 9, Plaintiffs claim that the City has violated Article 1, Section 4 of the Michigan's Constitution. The City seeks dismissal of each of the claims.

For this motion, the Court accepts as true the facts alleged in the complaint. Some background is necessary to understand the claims brought by Tennes and Country Mill. The controlling pleading is Plaintiffs' Amended Complaint. (ECF No. 5 Complaint.)

A.

In 1972, the City of East Lansing adopted a non-discrimination ordinance. (ECF No. 5 Compl. ¶¶ 158 and 195.) The Ordinance declares the public policy of the municipality.

It is hereby declared to be contrary to the public policy of the City of East Lansing for any person to deny any other person the enjoyment of his/her civil rights or for any person to discriminate against any other person in the exercise of his/her civil rights or to harass any person because of religion, race, color, national origin, age, height, weight, disability, sex, marital status, sexual orientation, gender identity or expression, student status, or because of the use by an individual of adaptive devices or aids.

City of East Lansing, MI., Code § 22–31. The word "harass" is defined to include both conduct and communication.

To harass means to have physical conduct or communication which refers to an individual protected under this article, when such conduct or communication demeans or dehumanizes and has the purpose or effect of substantially interfering with an individual's employment, public accommodations or public services, education, or housing, or creating an intimidating, hostile, or offensive employment, public accommodations, public services, educational, or housing environment.

Id. § 22–32. The City's Code defines "places of public accommodations" and further outlines practices that are prohibited when providing public accommodations.

(a) Definitions. As used in this subsection:

Place of public accommodation means a business, or an educational, refreshment, entertainment, recreation, health or transportation facility, or institution of any kind, whether licensed or not, whose goods, services, facilities, privileges, advantages, or accommodations are extended, offered, sold or otherwise made available to the public.

...

(b) Prohibited practices. Except where permitted by law, a person shall not:

(1) Deny an individual the full and equal enjoyment of the goods, services, facilities, privileges, advantages, or accommodations of a place of public accommodation or public service because of religion, race, color, national origin, age, height, weight, disability, sex, marital status, sexual orientation, gender identity or expression, student status, or because of the use by an individual of adaptive devices or aids.

(2) Print, calculate, post, mail, or otherwise cause to be published a statement, advertisement, notice, or sign which indicates that the full and equal enjoyment of the goods, services, facilities, privileges, advantages, or accommodations of a place of public accommodations or public service will be refused, withheld from, or denied because or religion, race, color, national origin, age, height, weight, sex, disability, marital status, sexual orientation, gender identity or expression, or student status, or because of an individual's use of adaptive devices or aids, or that an individual's patronage of, or presence at a place of public accommodation, is objectionable, unwelcome, unacceptable, or undesirable because of religion, race, color, national origin, age, height, weight, disability, sex, marital status, sexual orientation, gender identity or expression, or student status or because of the use by an individual of adaptive devices or aids.

Id. § 22–35. The City's Code contains an enforcement provision, which authorizes the Human Relations Committee to investigate, hold hearings, and issue orders on complaints alleging a violation of the article. Id. 22–38(b). Convictions for violations of the ordinance may result in a fine of not more than $500 and imprisonment for not more than 90 days or both. Id. § 22–38(h)(11). When the alleged violator is operating by virtue of a license issued by the City, the license may be suspended or revoked. Id. § 22–38(i).

B.

Country Mill Farms is located in Charlotte, Michigan (Compl. ¶ 31), about twenty-two miles from East Lansing (id. ¶ 11). Country Mill participated in the East Lansing Farmer's Market (ELFM) since 2010, and was an invited vendor from 2011 through 2016. (Id. ¶ 4.)

According to the complaint, in 2014, Tennes was contacted by two women who were seeking to have their wedding ceremony at an orchard (Compl. ¶ 110). Because "promoting and participating" in a same-sex wedding at Country Mill would violate Tennes's religious beliefs, he referred the women to another orchard in the area. (Id. ¶ 111.) On August 22, 2016, one of the women posted a message on Facebook discouraging people from patronizing Country Mill because Tennes had declined to host her wedding. (Id. ¶ 116.) In the ensuing discussion, questions were posed about Tennes's...