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Artistic freedom at heart of case Arizona Supreme Court will hear Tuesday

Press conference following oral arguments in case that challenges Phoenix ordinance

Friday, Jan 18, 2019

WHO: Brush & Nib Studio owners Joanna Duka and Breanna Koski, ADF Senior Counsel Jonathan Scruggs

WHAT: Press conference following oral arguments in Brush & Nib Studio v. City of Phoenix

WHEN: Tuesday, Jan. 22, immediately following oral arguments, which begin at 10:15 a.m. MST

WHERE: Arizona Supreme Court, 1501 W. Washington St., Phoenix, outside of State Courts Building, north side. (Hearing will be held in the Supreme Court Courtroom on 4th floor.)

PHOENIX – Under threat of up to six months jail time, two artists will be at the Arizona Supreme Court Tuesday seeking to stop a sweeping Phoenix criminal law that forces them to design and create custom artwork expressing messages that violate their core beliefs. Artists Joanna Duka and Breanna Koski, owners of Brush & Nib Studio, and their attorney who will argue before the court on their behalf, Alliance Defending Freedom Senior Counsel Jonathan Scruggs, will hold a press conference following the oral arguments.

The civil liberties lawsuit, Brush & Nib Studio v. City of Phoenix, challenges the ordinance because Phoenix interprets its law in a way that illegally controls artistic expression and disregards religious liberty—violating the freedom of Duka and Koski to choose which messages they will convey and refrain from conveying consistent with their beliefs.

“The government shouldn’t threaten artists with jail time and fines to force them to create art that violates their beliefs,” said Scruggs. “Joanna and Breanna work with all people; they just don’t promote all messages. They, like all creative professionals, should be free to create art consistent with their convictions without the threat of government punishment. Instead, government must protect the freedom of artists to choose which messages to express through their own creations. Because the Arizona Constitution protects the freedom of creative professionals to choose for themselves what art they will create, we are asking the Supreme Court to rule in favor of Joanna and Breanna. If we want to have freedom and tolerance for ourselves, we need to extend it to others.”

“Courts have long recognized individuals’ right ‘to hold a point of view different from the majority and to refuse to foster…an idea they find morally objectionable…,” the most recent brief ADF attorneys filed with the Arizona Supreme Court explains. “Yet Phoenix tramples that right when it requires a calligrapher to pick up her pen and a painter her brush, and then, under threat of jail and crippling fines, forces them to conceive and then create original artwork expressing messages that violate their core religious convictions. Such government compulsion violates the fundamental liberty ‘to refrain from speaking….’”

“Phoenix says this liberty is novel and dangerous; it is actually narrow and unexceptional…,” the brief continues. “And Joanna and Breanna, the artists and owners of Brush & Nib Studio, are entitled to exercise it. These women of deep religious faith gladly serve everyone, including those in the LGBT community; their faith simply prevents them from expressing certain messages for anyone. So this case is not about whether businesses can decline to serve an entire class of people. It is about whether artists can freely choose which messages their own art conveys.”

Duka and Koski specialize in creating custom artwork using hand painting, hand lettering, and calligraphy to celebrate weddings and other events. The women’s religious convictions guide them in determining which messages they can and cannot promote through their custom artwork.

Phoenix interprets its ordinance, City Code Section 18-4(B), in a way that forces artists, like Duka and Koski, to use their artistic talents to celebrate and promote same-sex marriage in violation of their beliefs, even when they decide what art they create based on the art’s message, not the requester’s personal characteristics. It also bans them from publicly communicating what custom artwork they can and cannot create consistent with their faith. The law threatens up to six months in jail, $2,500 in fines, and three years of probation for each day that there is a violation.

Numerous state attorneys general, Arizona lawmakers, various scholars, and a diverse array of business, artistic, and faith-based groups last month filed friend-of-the-court briefs with the Arizona Supreme Court in support of Duka and Koski and preserving artistic and religious freedom.

Alliance Defending Freedom is an alliance-building, non-profit legal organization that advocates for the right of people to freely live out their faith.
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