Wisconsin photographyer, Amy Lynn Photography Studio, heads to court freedom of conscience case, artistic expression
ADF attorneys representing photographer and blogger Amy Lawson, who owns Amy Lynn Photography Studio in Madison, filed suit against the city and against state officials in March. The lawsuit challenges a sweeping local ordinance and a state law that force commissioned creative professionals to promote messages that violate their beliefs.
Alliance Defending Freedom Senior Counsel Jonathan Scruggs heads to court to make his arguments in state court Tuesday in favor of halting enforcement of a Madison ordinance and a state law against a photographer while her lawsuit proceeds because the laws allow government control of her artistic expression.
ADF attorneys representing photographer and blogger Amy Lawson, who owns Amy Lynn Photography Studio in Madison, filed suit against the city and against state officials in March. The lawsuit challenges a sweeping local ordinance and a state law that force commissioned creative professionals to promote messages that violate their beliefs.
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“Every American, and especially creative professionals, shouldn’t be threatened with punishment for having views that the government doesn’t favor. That’s why we’re asking the court to prevent these laws from being enforced while Amy’s lawsuit moves forward,” Scruggs said. “The government must allow artists the freedom to make their own decisions about which ideas they will use their artistic expression to promote.”
“Amy is happy to take photographs of anyone; she simply objects to being forced to participate in events, or promote messages or causes, that she can’t support,” Scruggs said. “Photography and writing are quintessential examples of protected artistic expression and free speech.”
Madison has construed its law to force creative professionals like Lawson to endorse and promote messages in conflict with their conscience even though they gladly serve everyone and decide which stories to tell based solely on the message, not any client’s personal characteristics.
Since 2006, Madison has investigated at least 11 alleged violations involving sexual orientation or political beliefs, and Wisconsin officials have investigated at least nine businesses accused of not complying with their respective laws based on sexual orientation. Violators of Madison’s law are subject to fines of up to $500 per day as well as liability for civil damages. Those who violate the state law are subject to severe fines of up to $10,000 and business license suspension or revocation, as well as civil damages and punitive damages.
Michael D. Dean, one of nearly 3,200 attorneys allied with ADF, is serving as local counsel in the case for Lawson and Amy Lynn Photography Studio. ADF attorneys also represent cake artist Jack Phillips and Masterpiece Cakeshop in another artistic freedom case, which is currently before the U.S. Supreme Court.
