RE: Atheists and Cakes
December 28, 2018 at 11:15 am
(This post was last modified: December 28, 2018 at 11:20 am by brewer.)
(December 28, 2018 at 10:48 am)Natachan Wrote: So I have two lawyer parents, and I’ll speak as they would.
There are two types of products, commodity products where everyone gets the same product and creative products. A commodity product is something like serving everyone who comes into your restaurant, or selling a pair of jeans to anyone who comes into your store. By law you cannot deny a commodity product to a person. It gets a bit more complicated, involving protected classes and compliance with conduct rules, but for the sake of this point if you sell an item you must sell to anyone who wants to buy it.
A creative product is a bit different. This is generally things like a graphic designer or a sculptor. You can’t compel a sculptor to make something they don’t want to, and you can’t force a graphic designer to make something they find offensive.
The dispute is over whether or not a cake is a commodity or a creative product. But the consensus is that pre-made cakes are a commodity. It is also that most common form cakes are also commodities. If you have a pre-made wedding cake for sale, that is a commodity and you have to sell it to anyone. If you make plain birthday cakes for one group you have to sell those cakes to anyone who comes in.
The legal dispute is if custom wedding cakes are creative or commodity products. And I dunno. A cake that is formula or pre-made is a commodity, and you have to sell it to anyone. But a custom cake is in a bit of a legal grey area. But I think that allowing discrimination of one group by a for profit business is a bad precedent.
If the business promotes making and selling custom/creative cakes based on customer preference ("..if you can think it up Jack can make it.." from the website), sounds like a commodity to me.
http://masterpiececakes.com/
Being told you're delusional does not necessarily mean you're mental.