Bakery refuses to print half naked women on birthday cake.

[ParentalAdvisory]

So my friend wanted to get a birthday cake for one of our friends birthday this weekend. He went to the mall where there's this bakery. It's one of those places in which you can bring in a .jpg, a photo, or whatever, and have it printed on the frosting of the cake.

So he wanted to have this picture imposed on the cake. The picture he wanted to use was of a couple of black girls shaking their bootys, like they do in the rap videos. Our friend would have loved it. There was nothing really distasteful as far as I can see, the women were in bathing suits, nothing exposed, but the lady refused to print it deeming (and paraphrasing), "it does not reflect family values".

At this point my friend was steamed, as he couldn't get this custom cake. He was very irate about it and was going off about the constitution and free speech, etc... He should've gone back and asked the lady about who's family values she's talking about. For some people, family values is a father who's drunk and beats his wife and children, so maybe they'd print that.

Although I agreed with what he was saying about free speech, I also told him that a business has the right to refuse service to anyone, and I think it includes products they sell. So if they don't want to print your picture on the cake, then they have that right. He didn't understand this. I believe I'm right, how can I explain this better to him, and is there a provision in the law somewhere that states the rights of business owners? He's going on and on about this and I can't seem to shut him up, he even mentioned a lawsuit. But I doubt it would get that far. If it did, I'd assume a lawyer would think he's nuts.

[Mr. Blue Sky]

You are quite right. The bakery was well within its rights to refuse to make the cake. If your friend doesn't like it, tough. Find another bakery.

Lawsuit?

[Q.E.D.]

Will it shut him up if he can do it himself?


Seriously, I'm pretty sure the business has every right to decide what it will or will not provide for the customer, within reason. A business cannot refuse service because of race, color, creed, sex, age or any other protected category, for example, but it can make decisisions about what it will provide.

[Nametag]

"CONGRESS SHALL PASS NO LAW...ABRIDGING THE FREEDOM OF SPEECH.

Congress -- not the local bakery -- is limited by the First Amendment. By extension via the Fourteenth Amendment, state governments are also limited. Businesses, individuals, and other groups are not constrained in any way.

The Constitution has NOTHING to do with buying a fricking cake.

[kunilou]

I doubt if any legal arguments are going to sawy your friend. In fact, I doubt anything is going to sway your friend.

But if you just want him to shut up, try asking him this.

If he has freedom of speech to advocate women shaking their bootys, doesn't the bakery also have the freedom of speech not to advocate women shaking their bootys? If the Constution gives a person the right to speak up, it also gives them the right to shut up.

And although I'm not a lawyer, I don't think he has a legal right to demand a business to provide him with a product they don't provide to anyone else.

[mbacko1]

The bakery is well within their rights to refuse a custom service. If your friend sues he will be wasting a lot of money.
If you want something like this done you need to have connections. I used to work at a local SuperFresh grocery store and we got the bakers to make penis shaped cakes and all sorts of things as gag cakes for friends. Its not something that they will display in a case, but each baker has different levels of scruples.

Mike

[ParentalAdvisory]

That's pretty much what I thought. For some reason he's hardcore on this stuff and can be pretty naive about things. I understand what he wants, but others have the right to not want as well.

Nice link Q.E.D., i'll pass that along. Anniversarys will be fun.

[hajario]

How about a cake in the shape of a jet hitting the World Trade Center? How about making a Jewish baker make a cake with Nazi slogans? How about demanding a cake with poison or a bomb in it? How about telling the baker that you don't really want a cake and demand that he make you a pan of enchiladas?

Your friend's attitude is beyond belief. Constitution? Give me a break.

Haj

[Dewey Finn]

The way I'd explain it is that you're free to print up your own pamphlet containing whatever message you want and distribute it on the street corner, but the New York Times is not obligated to print your message in the paper, even as an OpEd essay. The New York Times is not violating your First Amendment rights, as they own the press and can make the editorial decision what to publish.

[Otto]

Originally Posted by Nametag

The Constitution has NOTHING to do with buying a fricking cake.

Unless of course you're buying it across state lines.

[Doug Bowe]

...and if your friend does decide to sue, think of it as paying tuition for a legal education.

[Left Hand of Dorkness]

Originally Posted by Nametag

The Constitution has NOTHING to do with buying a fricking cake.

IANAL, but surely he could sue under torte law?

Daniel

[mangeorge]

What your friend can do is go to one of those places that put pictures on T shirts and have them put that picture on a shirt with the caption "Blah-blah corporate bakery in the mall refused to print this picture on a cake for me". They'd probably thank him, as the policy is likely a publicity thing.
Peace,
mangeorge

[Cervaise]

Originally Posted by Left Hand of Dorkness

IANAL, but surely he could sue under torte law?

Snerk.

[Tapioca Dextrin]

Originally Posted by Left Hand of Dorkness

IANAL, but surely he could sue under torte law?

Daniel

That only applies to baked _{goods in} Alaska.

[Lambo]

Originally Posted by Left Hand of Dorkness

IANAL, but surely he could sue under torte law?

Daniel

Maybe it's the chronic lack of sleep, but this is one of the funnier comments I have seen in a long time. Kudos to you, sir!

[Yeticus Rex]

Originally Posted by Doug Bowe

...and if your friend does decide to sue, think of it as paying tuition for a legal education.

Concur.

You should even encourage this type of education since he's bullheaded....he's not going believe you (a friend) UNLESS you were a lawyer.

[Yeticus Rex]

Originally Posted by Left Hand of Dorkness

IANAL, but surely he could sue under torte law?

Daniel

Only if it was lemon....

[kiz]

I'm a cake decorator for a supermarket chain. According to our chain's regulations, we're not allowed to "suggestively" decorate, nor print any "suggestive" pictures for a photo cake. That includes pictures of baby butts.

My chain has never stated its reasons, but I presume it's because such themes aren't "wholesome". I've never questioned it, nor do I intend to.

BTW, to my knowledge, most supermarket bakeries wouldn't fulfill your friend's request. His best bet would've been to find an independent bakery. But even then I can't say whether or not they would've done the cake.

[gotpasswords]

It's a bit of a drive from Chicago, but I don't think there's anything thatThe Cake Gallery in San Francisco won't put on a cake. I'm sure that somewhere in Chicago is a similar bakery.

[smaft]

If you were in Seattle, I think this place would do the trick. Browsing through their sample books can be, um, eye-opening.

[Left Hand of Dorkness]

Originally Posted by Yeticus Rex

Only if it was lemon....

My last comment on the hijack: my proudest moment as a baker came about six years ago, when two of my friends held a simultaneous graduation party. One of them had just passed her bar exam, and the other one had just gotten his Ph.D. in mathematics.

I generally bake something or other for any party I go to, but I wasn't sure what to bake for either of these two -- until inspiration hit.

I showed up at the party with two desserts: a torte and a pie.

That's also my proudest moment as a punster, too: when the hostess saw what I'd brought and cracked up before i opened my mouth, I knew I'd done good .

Okay, carry on with the booty cake laws!

Daniel

[Una Persson]

On a related note, I've really wondered - why is it so many Americans think that "free speech" is an inalienable and absolute right that applies to everything from a bakery to a homes association newsletter to a high-school paper to an internet message board?

Where does this notion come from? Is it just a case of mass mis-remembering, a failure of the schools and teachers, or pure Missouri-mule stupidity?

[mangeorge]

Originally Posted by Una Persson

On a related note, I've really wondered - why is it so many Americans think that "free speech" is an inalienable and absolute right that applies to everything from a bakery to a homes association newsletter to a high-school paper to an internet message board?

Where does this notion come from? Is it just a case of mass mis-remembering, a failure of the schools and teachers, or pure Missouri-mule stupidity?

Well, Una, it pretty much is all those things you mentioned. The thing is, you can't force others to espouse your speech, which is what the OP's friend wants to do. The friend has a right to object to the bakery's policies, and to voice his/her opinion of those policies. He/she just doesn't have the right to compel the bakery to express his/her views.
Or, did I miss something in your post?
Peace,
mangeorge

[ParentalAdvisory]

I have no idea. Maybe it's minor narcissism, "me me me!"


Good news though! We were able to get the cake done, of all places, Jewel-Osco! (midwest supermarket) We went all out and used some pretty "non-wholesome" pictures, and they went along with it! I guess it really depends on the person. I would post a link to the cake in question, but that may violate SDMB standards.