legal Archives - Ferguson, Schetelich, Ballew, P.A.

June 8, 2018

Potential Broad Implications from the Supreme Court’s “Narrow Ruling” in Masterpiece Cakeshop

Few decisions from the United States Supreme Court this term were as anxiously anticipated as that in Masterpiece Cakeshop, Ltd. v. Colorado Civil Rights Commission. Everyone anticipated a close decision where the Court would balance religious liberty against discrimination based on sexual orientation. The decision announced on June 4, 2018 was not close and it did not decide that issue. Instead, it did something much more important. The case concerns Jack Phillips, a Colorado baker and the owner of Masterpiece Cakeshop, which he opened in 1993. In 2012, David Mullins and Charlie Craig, two gay men intending to get married,…

January 12, 2018

Major First Amendment Win: Court Sides with FSB on Free Speech Case

Richmond – The United States Court of Appeals for the Fourth Circuit, only one step below the United States Supreme Court, sided with arguments made by the Greater Baltimore Center for Pregnancy Concerns’ attorneys, including those from Ferguson, Schetelich & Ballew, P.A., in a major victory for the First Amendment. The case, which pitted the Greater Baltimore Center for Pregnancy Concerns against the City of Baltimore, touched on one of the core principles of the United States Constitution: the First Amendment protection against compelled speech. The City of Baltimore had passed an ordinance requiring the Center to make postings in…

January 4, 2018

Tolerance is Most Meaningful When it’s Mutual- Supreme Court Arguments in Masterpiece Cakeshop

The developing law concerning religious freedom and same sex marriage was argued before the United States Supreme Court on December 5, 2017 in the case of Masterpiece Cakeshop, Ltd. v. Colorado Civil Rights Commission. The case concerns Jack Phillips, a Colorado baker and the owner of Masterpiece Cakeshop, which he opened in 1993. In 2012, David Mullins and Charlie Craig, two gay men intending to get married, came into his bakery and asked him to design a cake for their wedding. Mr. Phillips declined, based on his Christian faith and his religious conviction that marriage was between a man and…

November 28, 2017

Avoiding Sexual Harassment in the Workplace

Recent news stories have shed a brighter light on the very real problem of sexual harassment in the workplace. Failing to properly address sexual harassment creates an unsafe workplace and exposes the employer to substantial liability. There is nothing new about this issue. Liability under Title VII of the Civil Rights Act has existed for more than thirty years. These recent headlines simply speak to the unfortunate reality that too many workplaces fail to properly address the problem. It is imperative that employers acquire the tools needed to protect their employees and themselves. Sexual harassment encompasses a wide…

July 13, 2016

Maryland Court of Appeals Creates a New Cause of Action Against Adults Who Allow Underage Drinking

The Court of Appeals has broken new ground in Maryland law, holding that parents or other adults who "knowingly and willfully" host an underage drinking party can be held civilly liable for death or injury caused by an intoxicated attendee. The case is Kirakos v. Phillips, decided on July 5, 2016. The ruling is the first time the Court has recognized the potential liability of party hosts for alcohol-related harm caused by their guests under the legal drinking age of 21. The unanimous Court based the landmark decision on Maryland Code CR §10-117(b), the criminal statute that makes it illegal…

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