Idaho Jury Rules in Favor of Coffee Shop Owner Protecting First Amendment Rights

After watching the news cycle through the various anti-Israel protests on college campuses, as well as the multi-year battle against DEI in education, it was only a matter of weeks ago I found myself thankful that my alma mater hadn’t made the list of problematic schools. At least, not the ones broadcasted such as Harvard, Columbia, and friends. However, that changed this week when Boise State University (BSU) received media attention due to a case between a coffee shop and some student activists.

Apparently, the owner of Big City Coffee (known by the locals for its delicious, yet abnormally large cinnamon rolls) filed a lawsuit against two BSU administrators, former vice president for Student Affairs and Enrollment Management, Leslie Webb and chief financial and operating officer and vice president for Finance and Operations, Alicia Estey. Sarah Fendley, the coffee shop’s owner, said the two BSU officials violated her First Amendment rights.

What led to this case was a simple (and dare I say unnecessary) complaint from a group of students who disapproved of Findley supporting the police. In 2020, Findley had just opened a Big City Cafe on BSU’s campus. At that location, she displayed a “thin blue line” flag in honor of law enforcement — a respectful gesture the student activists, apparently, did not appreciate.

In fact, they were so displeased that their grievances with Findley’s personal views led to multiple conversations with BSU and, eventually, the closure of her shop — which the activist students had called for. Consequently, Findley had filed a $10 million claim against BSU and its administrators for “pushing Big City off campus” as a form of punishment for vocalizing her support for the police. And nearly four years later, and after a three-week trial, a jury ruled unanimously on Friday in favor of Findley, stating that BSU administrators violated her First Amendment rights.

Additionally, as the Idaho Press reported, “The jury awarded Fendley a total of $3 million in damages for business losses, mental and emotional distress, personal humiliation and lost reputation. The jury also ruled Webb, now a University of Montana administrator, was liable for another $1 million in punitive damages,” meaning that Findley received a total of $4 million from this case.

Michael Roe, Findley’s attorney, expressed his concern over how Idaho’s largest university “mistreated a small business instead of doing the right thing.” As he stated, “It’s what makes this country unique, the right to speak, and think, and believe freely, without the fear [that] some governor actor is gonna punish you for it, or some government agency.” But thankfully, “The system worked, and we had a great jury and the clerk was great,” Roe emphasized. “Sarah got her day after all of these years. … We’re very pleased.”

However, Keely Duke, the attorney who represented BSU’s Webb and Estey, was not so pleased. In response to the ruling, she said, “We respectfully but strongly disagree with today’s verdict and plan to appeal.” According to Duke, “Freedom of speech doesn’t mean freedom from consequences,” which she said during the opening arguments of the trial. “The First Amendment protects everyone. It protects Fendley’s right to express her support for the thin blue line. It also supports, though, anyone’s right to not support Big City Coffee.”

Now, there’s nothing incorrect about Duke’s statement. Both Fendley and the students who disagreed with her do have every right to express their opinions. But the issue with this case is that a simple disagreement does not need to end up in court. Those students didn’t have to agree with the message behind the “thin blue stripe,” but neither did they have to make a mountain out of a molehill. If you don’t like what one coffee shop values, find a different coffee shop that better reflects your beliefs. I know from firsthand experience that Boise, with its eclectic atmosphere, has plenty of options to choose from.

Duke is right in saying that those students had the “right to not support Big City Coffee.” But their behavior was an example of intolerance concerning someone else’s opinions, not a matter of not wanting to show support. Conversely, there are numerous Christians and conservatives throughout Boise and greater Idaho that put up with the liberal presence that exists in the city, particularly. Pride festivities still occur in June, coffee shops with left-wing beliefs are up and running, and various businesses exercise their freedoms to hang whatever flags they choose. You don’t see the vast amount of Christians and conservatives in that area calling for closures of businesses they disagree with because they understand how to avoid businesses that don’t reflect their values and support the ones that do.

As a former resident of Idaho, I am thankful the jury ruled in favor of Findley. But more than that, I’m thankful to have lived in a place that allows freedom of expression. Like all cities, there are many aspects that don’t honor God or the Bible. But that doesn’t change the fact that Boise still has countless strong churches, numerous Christian and conservative-owned businesses, and a giant cross that sits on one of the foothills overlooking the city.

With the conclusion of this case, my prayer is that Boise, though imperfect, may continue to be an example of different people with different worldviews being able to live side by side. Especially amid such tumultuous times, we truly need such examples.