Davis v. Fred's Appliance, Inc.

Siddoway, A.C.J.

¶50 (dissenting) — I agree with the majority that Albert Davis has not presented facts that would support a. claim under the Washington Law Against Discrimination, chapter 49.60 RCW I part ways with the majority when it comes to the claim for defamation, however.

¶51 Fred’s Appliance has not presented evidence that the meaning that listeners attached to “Big Gay Al” is sufficiently free from reasonable doubt as to support denying Mr. Davis a trial. While I agree that Steve Ellis’s name-calling was not defamatory per se, Fred’s Appliance did not effectively raise the issue of…