Tastries trial: Witnesses testify about cake-making procedures | New

But one such case was caught by Miller, leading him to refuse a wedding cake to a lesbian couple. The women then sought redress under California law.

Miller is charged by the Department of Fair Employment and Housing with violating the California Unruh Civil Rights Act after denying lesbian couple Mireya and Eileen Rodriguez-Del Rio a wedding cake in 2017. A county judge Kern sided with Miller in 2018, saying her First Amendment rights are protected against the state’s desire to create an accessible marketplace. An appeals court overturned the decision, and the department sued Miller again.

Judge Eric Bradshaw must make the final decision as the proceedings are part of a trial without a jury. The first day of the trial, during which opening statements were given, was Monday.

Former and current employees testified Tuesday about Miller’s cake-making policies and processes. Plaintiff Mireya Rodriguez-Del Rio also took to the stage to share her experiences once she was denied a wedding cake.

Pastry manager Rosemary Perez said customers typically choose the tiers, flavors, frosting and other components of the cake. If a client also provides an image to bakers, then that design will be imitated, she said in direct examination by DFEH lead counsel Gregory Mann.

The Rodriguez-Del Rios first approached Perez about buying a wedding cake from Tastries. They were looking for a three-tier cake and white buttercream frosting, Perez said. A photo shown during the trial showed a cake the couple wanted with no writing and no icing swirled down the side of the cake.

Perez said there was no shouting or swearing when Miller denied them the cake and diverted the couple to another bakery. She added that the couple didn’t seem happy with Miller.

Perez also testified that regardless of the design of the cake, the bakery will refuse cakes that celebrate same-sex marriages. The cake represents a celebration of this union, she added.

The testimony also focused on Miller’s recipes. Perez said Miller used canned mixes but would also add other ingredients. Another witness said she only used a mix of cans.

Mary Johnson, a former Tastries employee, disagreed with Miller’s views on gay rights. She noted that most of the cakes were made from boxed mixes while some were made from scratch. The icing was also store-bought, Johnson said under direct questioning by DFEH attorney Soyeon Mesinas.

The cake the Rodriguez-Del Rios were looking for looked like a cake display at Tastries, she testified.

Johnson also noted that it’s hard to tell the difference between a cake for another occasion and a wedding cake. There are wedding cakes that are colorful and feature a plethora of designs these days, she said.

Johnson said during cross-examination of Paul Jonna that perfecting cakes is an artistic endeavor. But she also noted that Miller should be forced to bake a cake regardless of the message because she’s providing a service.

In a brief referral review by Mesinas, Johnson said a business doesn’t serve a customer if their owner refers them to another bakery.

On Tuesday, plaintiff Mireya Rodriguez-Del Rio also spoke. Rodriguez-Del Rio testified that they originally planned to wed in October 2017, but the November 2016 election raised concerns that their rights would be stripped, Mireya Rodriguez-Del Rio said.

The couple had an intimate ceremony in December 2016, but then began planning a bigger party to exchange vows in front of their friends and extended family members.

Mireya Rodriguez-Del Rio has decided that Tastries Bakery should be the seller of her marriage. Their interactions with Perez were all pleasant, Rodriguez-Del Rio said.

When the women showed up again for their tasting, Perez apologized and referred them to Miller, according to Rodriguez-Del Rio’s testimony. Miller, after asking about their order, told them she did not condone same-sex marriage. She referred them to Gimme Some Sugar.

Mireya Rodriguez-Del Rio said she was shocked and did not raise her voice. Afterwards, she testified, her emotions poured out.

Testimony is due to continue on Wednesday.