East Lansing to pay $825K for violating farmer's free speech, religion rights

Kara Berg
The Detroit News

The City of East Lansing will have to pay nearly $825,000 in damages and attorney fees for violating a vendor's rights to free speech and freedom of religion when it excluded him from the city's farmers market because of his religious beliefs.

Country Mill Farms owner Stephen Tennes sued the city in 2017 after it excluded him from the farmers market because he refused to host same-sex wedding ceremonies at his farm.

U.S. District Court for the Western District of Michigan Judge Paul Maloney said the city can enforce vendor guidelines against Tennes, aside from refusing to allow him to participate because of his thoughts on same-sex marriages.

Country Mill Farms owner Steve Tennes, left, and his wife Bridget are photographed in their orchard on Wednesday, Sept. 13, 2017, in Charlotte, Mich. Tennes sued the city of East Lansing in 2017 after it excluded him from its farmers market because he refused to host same-sex wedding ceremonies at his farm.

Tennes won a jury trial in 2021 and he and the city settled the remaining issues. East Lansing will pay $41,199 in damages to Tennes and $783,801 to Tennes' attorneys.

Maloney ruled in August that East Lansing's actions against Country Mill Farms constituted a violation of the free exercise clause.

"The city's decision to exclude Country Mill Farms from the 2017 East Lansing Farmer's Market constituted a burden on plaintiffs' religious beliefs," Maloney wrote. "Plaintiffs were forced to choose between following their religious beliefs and a government benefit for which they were otherwise qualified."

Alliance Defending Freedom, the group that represented Tennes in the lawsuit, said Tennes will be able to continue running his farm based on his religious beliefs.

"Steve and his family-run farm happily serve all customers as a valued vendor at East Lansing's farmer's market. The court was right to agree that the First Amendment protects Steve, like every other small business owner, to operate his business according to his faith and convictions," ADF Senior Counsel Kate Anderson said in a statement. "We're pleased to favorably settle this lawsuit on behalf of Steve so he and his family can continue doing what Country Mill does best, as expressed in its mission statement: 'glorifying God by facilitating family fun on the farm and feeding families.'"

The lawsuit came after East Lansing forbid Tennes from participating in the farmers market after he posted on Facebook that he would not host same-sex marriages at his farm, which is in Charlotte. ADF said Tennes had not received any complaints at the farmers market and "always served everyone" there.

The city, in its denial of a farmers market license for Country Mill, said the farm's refusal to hold weddings for gay couples was a violation of East Lansing's nondiscrimination ordinance and farmers market vendor guidelines.

kberg@detroitnews.com