By Hannah Garcia, LAW WEEK COLORADO
Whether or not a local bakery discriminated against a Castle Rock man who requested Bible-shaped cakes with anti-gay messages literally comes down to the icing on the cake.
The Colorado Civil Rights Division ruled March 24 that Azucar Bakery in Denver did not discriminate against William Jack when it denied his request last year for cakes in the shape of open Bibles decorated with what the bakery called “hateful” messages against the LGBT community.
“I think he’s trying to make a statement,” said David Goldberg, a shareholder with Greenberg Traurig’s Denver office who helped Azucar with the claim pro bono. “One thing I thought was interesting, he selected a couple of small bakeries that were least likely to be able to have resources and put up a zealous defense.”
The Broadway bakery is considered a place of public accommodation under state law, and Jack is part of a protected class as a Christian. The CCRD decision said evidence indicates Azucar’s owner, Marjorie Silva, did not refuse the request “based on the charging party’s creed” but instead “the respondent declined to make the charging party’s cakes, as he had envisioned them, because he requested the cakes include derogatory language and imagery.”