A nine-day jury trial that occurred over the span of three weeks ended in a multimillion-dollar victory for Big City Coffee.
In September 2020, Big City Coffee opened on Boise State’s campus, replacing a Starbucks that was previously located in Albertsons Library.
October 2020
A little more than a month after the coffee shop opened, Big City Coffee received backlash from students after owner, Sarah Fendley, expressed support for The Thin Blue Line at her downtown Boise location. The Thin Blue Line is a symbol that represents law enforcement and is used commonly by the Blue Lives Matter movement following the death of George Floyd.
Fendley responded to the backlash via an Instagram post on Oct. 21, 2020. In the post, Fendley shared a screenshot of a Boise State students Snapchat story which asked for peers not to support the coffee shop if they support the Black, Indigenous, People of Color (BIPOC) community.
The post also includes an image of Fendley’s former fiance, retired Boise police officer Kevin Holtry. Fendley shared in the post that her support for The Thin Blue was to honor Holtry, who was shot multiple times and lost his leg from a shooting in November 2016.
On Oct. 22, 2020, Boise State University administrators held a meeting with Fendley in response to the student backlash towards Big City Coffee. Attendees of the meeting included; Boise State Chief Financial and Operating Officer and Vice President for Finance Operations Alicia Estey, former Vice President of Student Affairs and Enrollment Management at Boise State Leslie Webb, Big City Coffee Manager Kyla Beavers, a detective for Boise Police Department and friend of Holtry’s Brian Holland, Fendley, an Aramark employee and Holtry.
Less than a week after the meeting, Big City Coffee no longer had their spot in Albertsons Library. In 2020, Boise State University initially claimed that Big City Coffee requested to opt out of their contract due to Boise State University stating that they couldn’t violate the First Amendment rights for those on campus after Fendley received backlash from students’ due to her personal beliefs.
March 24, 2021
On March 24, 2021, Big City Coffee filed a $10 million tort claim against Boise State University and administration employees President Marlene Tromp, Leslie Webb, Alicia Estey and former Assistant to the Vice President for Equity Initiatives Francisco Salinas.
The claim said that the defendants involved “interfered” with the Aramark contract and that Big City Coffee was “forced” to shut down its campus location. In addition, the claim said that the defendants violated Fendley’s and Big City Coffee’s First and Fourteenth Amendment rights.
Sept. 13, 2024
On the last day of the nine-day jury trial between Big City Coffee and Boise State University, which began on Aug. 29, 2024, Estey took the stand sharing details of the meeting from her perspective.
Estey mentioned that she was called into the meeting by Boise State President Marlene Tromp.
Estey shared in her testimony that during the meeting, she wanted to discuss with Fendley how they could bring back the Big City Coffee shop to campus.
According to Estey, who recorded the meeting without making it known to Fendley, recorded around 45 minutes of the meeting before it was “accidentally” stopped by Estey after attempting to silence a notification on her phone. The rest of the meeting lasted around 20 minutes.
Big City Coffee Attorney Mike Roe said during Estey’s testimony a “substantial” amount of the meeting was lost.
“I wasn’t thinking about the recording,” Estey said in her testimony. “I was thinking about how to solve the problem in front of us.”
Estey mentioned that Fendley requested for Boise State University “to take a stand” for Big City Coffee by providing a statement that would stop students from protesting.
Estey added that the university stood by the students’ First Amendment rights.
Big City Coffee attorney Mike Roe asked Estey why in the recorded part of the meeting, she didn’t request Fendley to bring back the coffee shop.
“I took Sarah at her word, we couldn’t meet under her conditions,” Estey said. “Sarah made a choice and I respected her choice.”
Estey said that she and Fendley reached an “impasse” toward the end of the meeting and weren’t able to come to an agreement.
The final day of the trial, which lasted more than 12 hours according to court minutes, the jury ruled in favor of Big City Coffee. The jury awarded Fendley $4 million, $3 million in compensatory damages and an additional $1 million in punitive damages.
“We respectfully but strongly disagree with the verdict and will challenge it through the court system,” Boise State attorney Keely Duke said in a statement to The Arbiter. “My clients were honoring the First Amendment rights of all and let the owner of Big City [Coffee] know that would not change. As a result, the owner closed her campus location.”
In an interview with The Arbiter, Roe referred to Estey’s decision to record the meeting without announcing it to Fendley and the other five involved as “shady”. Roe claims that the defendants took Fendley’s deposition for 12 hours with possession of the recorded transcript, ultimately giving them an advantage in the deposition.
“It just shows bad faith. It’s dishonest and deceitful and I think it gives some insight into how the defendants were really proceeding,” Roe said. “I don’t believe them when they say they were trying to keep the [Big City Coffee] restaurant open.”
Roe emphasized the importance of the jury’s decision to find “liability” in siding with Big City Coffee.
“After three and a half years of litigation to have a jury unanimously find that you were right and your opponent was wrong, it has that inherent value in itself,” Roe said. “It was very important for Sarah because she felt bad about all this.”
ASBSU and IESC in 2020
Former ASBSU president Angel Cantu, served as a witness for Big City Coffee during the trial. Cantu served as student body president from spring 2020 to fall 2020. In November 2020, Cantu was impeached after official complaint documents showed he breached codes set by the ASBSU constitution.
Cantu mentioned he worked with Fendley and her legal team to provide context regarding the environment in ASBSU meetings and the relationship between administrators and student leaders.
In the summer of 2020, Cantu mentioned the shift in the relationship between administrators and student leaders became “toxic”.
“It seemed like our student leaders were taking advantage of this intimidation factor that we had towards administrators,” Cantu said. “I think they were all afraid of student leaders condemning them and criticizing their actions if they didn’t perfectly align with what the student leaders were asking for.”
Cantu added that events such as the COVID-19 pandemic, the death of George Floyd and the upcoming presidential election prompted student leaders in ASBSU and the Inclusive Excellence Student Council (IESC) to take “hardline stances” against situations such as Big City Coffee.
“I think the students at ASBSU and IESC would have taken a different approach, and things might have ended up differently for myself, that might have ended up differently for Sarah,” Cantu said.
In an article from The Arbiter in 2020, Cantu wrote in an email to ASBSU members regarding the Big City Coffee situation stating that ASBSU members who request the removal of Big City Coffee’s on campus location must provide “a pattern of derogatory behavior” by Big City Coffee toward the Boise State BIPOC community.
“I never saw any evidence that led me to believe that she was antagonizing in any way,” Cantu said. “All the conduct from Sarah, from my point of view, was that she was very sympathetic, very gentle. She explained why she supports first responders, and none of those reasons had anything to do with people of color and none of her reasons discounted police brutality.”
Current Assistant Vice President President of Ethics Affairs for ASBSU Ethan LaHaug declined The Arbiter’s request for an interview but shared a statement from ASBSU leadership.
“We are aware of the recent developments in the Big City Coffee case, and understand that at this time the university plans to appeal the decision. While this case predates the current ASBSU administration, we respect the legal process as it unfolds,” ASBSU leadership shared in a statement to The Arbiter. “Our team this year remains focused on our commitment to engage with the student body and to ensure a more affordable, accessible and meaningful experience for all students.”
Sept. 6, 2024, new Caffeina Coffee Roasting location opens
In the midst of the trial, Big City Coffee closed down its downtown location, replacing the shop with Caffeina Kitchen and its new owner, Lyndsey Hopkins.
Lyndsey Hopkins declined The Arbiter’s request to be interviewed.
Kelsey Hogg, a former Big City Coffee and now Caffeina Barista, has been working at both establishments for a combined one and a half years. Hogg said that the new establishment is similar to Big City Coffee, from the employees to some of their menu items.
“Everybody that [was] working at Big City [Coffee] it’s the same people, so the culture hasn’t really changed very much,” Hogg said. “I guess it’s been so slow that we haven’t really had time to process what we’re doing. We’re still trying to get in the swing of things.”
Hogg added that since the trial, she’s kept her focus on Caffeina and says that the restaurant’s transformation has been “exciting”. Hogg shared the only flaw with the new location is the roadwork on Grove Street.
“My mindset is I just work here, trying to get my paycheck and stay out of the politics of it all,” Hogg said. “They’ve [Caffeina Kitchen] been good, they’ve kept our wages, which is good, and it’s been slow because of the construction.
Hogg expressed her gratitude for Fendley winning the case.
“I know that it was a lot on her, it was a lot on her soul and a lot on her heart,” Hogg said. “I do miss Big City [Coffee] and everybody — but I feel like it’s good and I’m happy for her that she got what she wanted.”
According to Roe, it is undetermined at this time how Fendley will be compensated and whether it will be through the university or the administrators involved in this case. The Idaho Statute states that a government agency is required to provide a defense to their employees, including a defense and compensation for any claims made against the employees as long as those claims pertain to their job duties. In addition, a government agency is responsible for covering money damages awarded in claims or civil lawsuits that arise from actions within the range of his or her employment.
This Post Has One Comment
The university administrators were more concerned with appeasing the student body when what they should have done was taught these young people tolerance and that first amendment rights cover all people. You don’t like police supporters then don’t patronize the shop. Shame on Estey for recording without advising the meeting participants. She would be demoted or fired if I were President. Hard lesson to learn Boise State.