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‘The evidence will show': Opening arguments heard in Big City Coffee vs. Boise State University trial

The court heard opening arguments for Big City Coffee vs. Boise State University administrators on Thursday, Aug. 29.

BOISE, Idaho — Almost four years after Big City Coffee closed its doors on BSU’s campus, the jury heard opening arguments at the Ada County Courthouse. The trial is over the $10 million lawsuit that Big City Coffee filed against Boise State administrators.

The main question in Thursday's trial was whether the closure of Big City Coffee on campus was voluntary or forced.

"I was completely blindsided,” said Sarah Fendley, the owner of Big City Coffee and the first to take the witness stand. “I had no idea that there was any situation brewing and I was told there was a firestorm heading my way."

The case revolves around a “thin blue emblem” sticker that Big City Coffee had displayed on the outside of their downtown Boise location.

When Big City Coffee opened a location in 2020 at BSU, student activists spoke out, including one student who posted on Snapchat, stating, “I hope y’all don’t go there if you truly support your bipoc peers and other students, staff and faculty.”

In opening arguments, Fendley and her attorney, Michael Row, said that BSU violated her constitutional rights and “forced” her to leave campus. Row also said the backlash from the situation damaged Fendley’s reputation and her relationships.

“It cost her 100’s of 1000’s of dollars in lost profit over the time that that store should have been opened,” Row said.

Keely Duke, the attorney representing the two BSU administrators – VP of Student Affairs Leslie Webb and VP of University Affairs Alicia Estey – said Fendley left BSU suddenly and “on her own terms.”

“The evidence will show that she chose to quit,” Duke said.

Duke said there weren’t campus-wide protests occurring because of this situation or pushing Fendley out.

“You will hear no evidence of a single protest about Big City on campus,” Duke said. “You will hear no evidence of some organized boycott of Big City on campus. You will hear no evidence of people telling people you shouldn't go to Big City. None of that happened.”

Duke went through a timeline of events – from when Fendley opened her coffee shop on campus, to when the student posted the Snapchat message, to when Fendley met with University administrators.

“They did not tell Sarah Fendley she had to leave campus and they did not tell Sarah Fendley the contract was terminated or that the relationship was over,” Duke said.

Cross-examination will be conducted on Friday, Aug. 29. The trial is expected to last eight more days over the course of three weeks.

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