Lawsuit: East Lansing violated farmer's religious freedom

Beth LeBlanc | Lansing State Journal

Show Caption Hide Caption Charlotte farmer says East Lansing policy violates religious freedoms Steve Tennes, owner of Country Mill Farms in Charlotte, describes issues that led to his exclusion from an East Lansing farmers market. Tennes has filed a federal lawsuit against the city, alleging a violation of his religious freedoms.

LANSING – When the East Lansing Farmers Market resumes Sunday, produce from Country Mill Farms will be missing for the first time since 2010.

Steve Tennes, owner of Country Mill Farms in Charlotte, said he’s been excluded from the 2017 season because of views he expressed on Facebook regarding marriage.

The city’s decision to exclude Tennes from the farmers market prompted Tennes and a religious freedom advocacy group, Alliance Defending Freedom, to file a federal lawsuit Wednesday.

Tennes, who sold organic apples and produce at the farmers market, said his Catholic faith has made him a target of government discrimination.

“Our faith and beliefs on marriage and hosting weddings at our home and in our backyard of our farm have nothing to do with the city of East Lansing,” Tennes said at a press conference Wednesday. “Nor does it have anything to do with the produce that we sell to the people that attend the farmers markets who are from all backgrounds and all beliefs.”

The suit asks the court to restore Country Mill Farms' freedoms, stop East Lansing's "discriminatory policy," and award damages to Tennes.

The city argues its policy is in line with the U.S. Supreme Court's ruling eliminating a ban on same-sex marriage.

More:

Local orchard changes wedding policy

Should Confederate flag be displayed in classroom?

Your guide to 2017 Be A Tourist In Your Own Town

The tiff between Tennes and the city revolves around Tennes’ decision to refer same-sex couples looking for a wedding venue to neighboring farms.

Tennes announced in August he would not schedule any more wedding ceremonies at the orchard because of push-back that followed a social media post where he explained his refusal to host same-sex ceremonies.

After the August post, East Lansing urged Tennes not to attend the next farmers market for fear of protests, according to the lawsuit. Tennes continued to sell at the market, and no disruptions ensued.

In December, Tennes announced via Facebook that he would resume scheduling weddings at the orchard, while reserving the right to deny a request that would violate his Catholic beliefs.

“It remains our deeply held religious belief that marriage is the union of one man and one woman and Country Mill has the First Amendment Right to express and act upon its beliefs," the post said.

Tennes said he employs and serves members of the LGBT community and would continue to do so at the farmers market.

But when Tennes applied to be part of the 2017 farmers market, he said he was denied and his December social media post was referenced as an example of his violation of city ordinance.

“Ultimately, the city developed a new policy to target and block our farm from further participation in their city-run farmers market,” Tennes said.

City Manager George Lahanas said East Lansing has a long-standing civil rights ordinance addressing discrimination. He said that was clarified to include discrimination at “all business practices” in the 2017 policies for the city’s farmers market.

“When they applied, we decided to exclude them from the market based on that,” Lahanas said.

Kate Anderson, lead counsel for Alliance Defending Freedom, said East Lansing's changes to the farmers market policies targeted Tennes specifically.

"What (Tennes) did was not illegal," Anderson said. "They are running their farm according to their beliefs, which is the right of every American. What is wrong here is the city of East Lansing targeting them and trying to discriminate against them for acting upon their beliefs and for believing.”

East Lansing Mayor Mark Meadows said the city's ordinance applies to Tennes not because of his individual beliefs or Facebook posts, but because of his "business decision" to exclude same-sex couples from holding wedding ceremonies at the farm.

"This is about them operating a business that discriminates against LGBT individuals and that’s a whole different issue," Meadows said.

Rep. Tom Barrett, R-Potterville, voiced his support for Tennes at the press conference announcing the lawsuit Wednesday.

"I know you didn't ask for this fight so thank you for being there on the front lines," he said.

The market opens Sunday and runs each Sunday through October.

Contact Reporter Beth LeBlanc at 517-377-1167 or eleblanc@gannett.com. Follow her on Twitter @LSJBethLeBlanc.