"Usual and Customary"

[DAB]

so i was in the middle of a discussion on le Book de Face this past week, and the CO baker was being discussed. apparently he had some lawyer (sorry Spence) call him up the day the recent SC case was decided and request a fancy new cake. pink and blue, with demonic figures on top. he declined to make that cake.

so it got me to thinking, in business, you want to be able to say yes.

so i proposed that he could have 2 price schedules: normal cake- $40 (or whatever he wants). custom cake - price depends on design, $1000 upfront, non-refundable design fee, will be applied to the cake if ordered, and then he could charge whatever he wanted for that custom cake. the above request? how about $500,000.

this drew objections that it wasn't a legal pricing scheme. that it had to conform to "usual and customary" levels of pricing.

Bah!

if i'm doing something that is one of a kind, i can charge whatever i want. and you can pay or not pay.

if you went to some famous painter or sculptor, and demanded they make a piece of art for you, they will charge whatever they want.

thoughts?

[69camfrk]

I like the way you think!

[SQUIRMIN VERMIN 84]

You should charge whatever YOU think your labor is worth, but in a free market
you might be open to adjust to the demand.
No one is forced to buy your product. If the price is too high, they can go elsewhere.
Free market is achieved with the freedom of buyer and seller to agree on a
price. No third party to intervene.

[DAB]

if some rich dude knocked on my door, and said "I vant a new kitchen!" (i'm imagining a large Austrian), "sure, how big?" "same as yours!" (he yells a lot too), "well, my kitchen is 16x11, 30" deep island, maple and wormy maple. how about $500,000, it'll take about 18 months, maybe less." "DONE!!" (did i mention he was very loud?!).

it's a private transaction. he isn't being refused service, but likewise, i'm not going to work based on some .gov level of pay.

when Taylor Swift does a concert, she can sell as many tickets for as much as she wants. there is no cap. first row? $2500. same with the NFL and the Super Bowl, prime ticket? pay up.

[Bill]

Here's the newest lawsuit lotto contestant trying to screw the cake baker.

https://www.linkedin.com/in/autumn-scardina-781551a8

It's infuriating what his happening to him, and I hope he countersues for millions of dollars and wins. You shouldn't be able to just go harass people unmercilessly without repercussion.

[86RAG]

I don't think the issue is money. If he told the lawyer $500K for the cake, and the lawyer accepted, then he just put a price on his beliefs. Having 2 price schedules would certainly imply that his morals are for sale, would it not? Might be exorbitant, but still placing a price on them.

[DAB]

He’s hanging his refusal on his reading of the Bible.

It says love your neighbor. So bake the cake and move on.

[86RAG]

But it's his interpretation of the Bible that caused him to refuse to make the cake in the first place. If he caved, and made the cake, he wouldn't be staying true to his beliefs. If I were in his shoes, and firmly believed in my position, then I would have to do the same thing and deny the cake. Maybe it's a faulty interpretation of the Bible, but it's his interpretation, and he is standing by his belief.

[Will]

If you're a degenerate sexual deviant, and you mind your own business, you should be left in peace.

If you're a degenerate sexual deviant, and you try to influence children or financially harm adults who do not approve of your lifestyle, yet leave you in peace, you should hang from a lamp post.