The message also said its religious beliefs include that all people should be treated with respect and dignity.
That post caused East Lansing officials to think Tennes' views conflicted with the city's view of marriage and sexual orientation, expressed in its Human Relations Ordinance. The ordinance could not be enforced against the farms. According to Alliance Defending Freedom, officials then made a new policy requiring vendors to comply with the ordinance and anti-discrimination policy "while at the market and as a general business practice."
The new policy bars making a statement that "indicates that an individual's patronage or presence at a place of public accommodation" is "unwelcome or acceptable" for certain classes, including sexual orientation or gender identity.
When Country Mill Farms applied to participate in the 2017 farmer's market, a city official sent a letter telling Tennes that he was prohibited from participating because he was not in compliance with the new policy. It included an attachment of his December Facebook post.
In a May 31 statement responding to the lawsuit, the City of East Lansing said Country Mill Farms "advertised that their business practice is to prohibit same-sex couples from holding weddings at their orchard," in violation of the city policy.
"Their business practices violate the City of East Lansing's long-standing ordinance that protects sexual orientation as well as the Supreme Court's ruling that grants the right for same-sex couples to be married," the city claimed.
Alliance Defending Freedom charged that the new policy exceeded the city's jurisdiction and did not define "discrimination" or any key terms relevant for enforcement.
"All Steve wants to do is sell his food to anyone who wants to buy it, but the city isn't letting him," said Kate Anderson, legal counsel with Alliance Defending Freedom.
"People of faith, like the Tennes family, should be free to live and work according to their deeply held beliefs without fear of losing their livelihood. If the government can shut down a family farmer just because of the religious views he expresses on Facebook – by denying him a license to do business and serve fresh produce to all people – then no American is free."