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KLEIN v. OREGON BUREAU OF LABOR AND INDUS.

A159899.

506 P.3d 1108 (2022)

317 Or. App. 138

Melissa Elaine KLEIN, dba Sweetcakes by Melissa; and Aaron Wayne Klein, dba Sweetcakes by Melissa, and, in the alternative, individually as an aider and abettor under ORS 659A.406, Petitioners, v. OREGON BUREAU OF LABOR AND INDUSTRIES, Respondent.

Court of Appeals of Oregon.

January 26, 2022.

Attorney(s) appearing for the Case

Adam R.F. Gustafson , Washington, DC, argued the cause for petitioners. Also on the opening and reply briefs were Tyler Smith , Anna Harmon , and Tyler Smith & Associates; Herbert G. Grey ; C. Boyden Gray , Derek S. Lyons , and Boyden Gray & Associates, Washington, DC; and Matthew J. Kacsmaryk , Kenneth A. Klukowski , Cleve W. Doty , and First Liberty Institute, Texas. Also on the supplemental opening brief were Herbert G. Grey ; C. Boyden Gray , James R. Conde , and Boyden Gray & Associates, Washington, DC; and Kelly J. Shackelford , Hiram S. Sasser, III , Kenneth A. Klukowski , Michael D. Berry , Stephanie N. Taub , and First Liberty Institute, Texas. Also on the supplemental reply brief were Herbert G. Grey ; C. Boyden Gray , James R. Conde , and Boyden Gray & Associates, Washington, DC; and Kelly J. Shackelford , Hiram S. Sasser, III , Michael D. Berry , Stephanie N. Taub , and First Liberty Institute, Texas.

Carson L. Whitehead , Assistant Attorney General, argued the cause for respondent. Also on the answering brief were Ellen F. Rosenblum , Attorney General, Benjamin Gutman , Solicitor General, and Leigh A. Salmon , Assistant Attorney General. Also on the supplemental brief were Ellen F. Rosenblum , Attorney General, and Benjamin Gutman , Solicitor General.

Stefan C. Johnson , Jennifer C. Pizer , and Lambda Legal Defense and Education Fund, Inc., California; and Paul A. Thompson filed the brief amicus curiae for Rachel Bowman-Cryer , Laurel Bowman-Cryer , and Lambda Legal Defense and Education Fund, Inc.

P. K. Runkles-Pearson and Miller Nash Graham & Dunn LLP; and Kelly K. Simon and ACLU of Oregon, Inc., filed the brief amicus curiae for ACLU Foundation of Oregon, Inc.

Before James, Presiding Judge, and Lagesen, Chief Judge, and DeVore, Senior Judge.

This case is on remand to us from the United States Supreme Court. The Court vacated and remanded our previous decision, Klein v. BOLI, 289 Or.App. 507, 410 P.3d 1051 (2017), rev. den., 363 Or. 224,

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