Received: 5/3/2016 occlesk STATE OF MICHIGAN IN THE 20TH CIRCUIT COURT FOR THE COUNTY OF OTTAWA JENISON BIBLE CHURCH, Inc., a Michigan Nonprofit Corporation, Plaintiff, v DANIEL VANDERLEY, an individual, Defendant, YSRS cx Hon. Von Aurste. Case No. 16— James R. Wierenga (P48946) DAVID & WIERENGA, P.C. Co-Counsel for Plaintiff 99 Monroe Avenue, N,W., Suite 1210 Grand Rapids, Michigan 49503, (616) 454-3883 Jeffrey Johnson (P69041) Co-Counsel for Plaintiff 2168 Thomapple River Dr. SE Grand Rapids, MI 49546 (480) 338-6142 There is no other pending or resolved civil action arising out of the same transaction or occurrence as alleged in the complaint. COMPLAINT FOR LSE-LIG HT INVASION OF PRIVACY Plaintiff, Jenison Bible Church, Inc., (hereinafter “Jenison Bible” and/or “Plaintifi”), by its counsel, states for its Complaint for False-Light Invasion of Privacy: 1, Jenison Bible is a Michigan Nonprofit Corporation located at 16360 14th Ave, Hudsonville, MI 49426, 2. Defendant Daniel VanderLey is an individual residing in Michigan. On information and belief, Daniel VanderLey currently resides at 18051 Hamilton Road, Detroit, Michigan, 48203. MLA "16004583C.Received: 5/3/2016 occlesk On or about June 11, 2015, Defendant communicated to various churches that a speaker, Bradlee Dean, would be speaking at an event in the Jenison area. 4. Bradlee Dean is a Christian speaker known for speaking on various subjects from Biblical viewpoint, including speaking in favor of traditional marriage between one man and one ‘woman, and against so-called “same-sex marriage.” 5. Defendant is involved with groups advocating for homosexuality, homosexual practice, and so-called “same-sex marriage”, and is active in supporting these issues. 6. Contrary to Plaintiff's religious beliefs and interpretation of the Bible, Defendant advocates for the position that the Bible is in favor of homosexuality, homosexual practice, and “same-sex marriage.” s in the 7. On or about June 11, 2015, Defendant communicated to various churche Jenison area, by various means including letters, posteards, emails, and phone calls, a demand that they publicly take a stand against Bradlee Dean and his advocacy for traditional marriage (the “Demand”). See copy of Defendant’s Demand to the churches attached hereto as Exhibit A. 8. In the Demand, Defendant stated: “Hello. I’m Daniel. 1 am reaching out to you, to provide a positive way to define your communal space.” 9. Inthe Demand, Defendant stated: “I have pre-vetted, and pre-selected this issue for our churches to deal with.” 10. In the Demand, Defendant stated: “You and your church have made it to this list because we are counting on you to stand against Bradlee Dean.” (Emphasis original). 11, Inthe Demand, Defendant stated: “To make this experience valuable and expressive, we have provided you a very limited time to join us to stand against Bradlee. To that end, we have 2Received:5/3/2016 occlere printed a sign that reads: Church Name Stands for Love, using your church name. LoveNotHlate has hired a person to hold your sign for the TV and media sessions, so your Church can be seen as standing against Bradlee Dean, and hate.” 12, In the Demand, Defendant stated: “I have crafted many possible messages and methods for your expression.” (Emphasis added). 13. Inthe Demand, Defendant gave Jenison area churches the following “Options:” Do nothing and I, Daniel, will print your churches sign and have someone hold it for you.” Send someone to hold your sign, I will print it for free, Register your team, and send someone with your own signs.” Contact daniel@lovenothate.org and demand that we stand down.” 14, Inthe Demand, Defendant further indicated that he would undertake steps to generate negative publicity with respect to churches who declined to publicly oppose Bradlee Dean, which he later did to at least one other church at his website “lovenothate.org.” 15, Inthe Demand, Defendant indicated that he had printed signs including a message opposing Bradlee Dean, and had hired someone to hold the sign for TV and media sessions so that “your Church can be seen as standing against Bradlee Dean.” 16. In the Demand, Defendant indicated that if the churches took no action, or did not respond to his Demand, he would use the churches’ names, and have someone holding signs with the churches’ names on them, at a demonstration (the “Demonstration”) opposing Bradlee Dean at the event,Received: 5/3/2016 occlesk 17. ‘The messages and church names on the signs, and the message of those holding the signs and participating in the Demonstration, were clearly tailored to, and did in fact, create the message to those witnessing the Demonstration that the churches named on the signs and the participants in the Demonstration were opposed to the Biblical definition of marriage and in favor of “same-sex marriage.” 18. Defendant knew that he did not have Jenison Bible’s permission to church with the Demonstration, 19, Defendant previously lived in the vicinity of the churches to which he provided the Demand, and on information and belief, knew that many of them, including Jenison Bible, were not in support of homosexual practice and “same-sex marriage,” and knew that creating a sign and creating the impression that they were participating in the Demonstration would paint them ina false light. 20. Jenison Bible defines itself in part by its faithful adherence to the teachings of the Bible as the final and ultimate authority on all matters, including the clear Biblical teaching that marriage is a union limited to one man and one woman, and is not applicable to persons of the same gender. 21. Jenison Bible believes that alternative definitions of marriage, such as those espoused by Defendant, distort Christ's picture of the Church and its relationship to Christ, and consequently, distort the Gospel message. 22, Jenison Bible believes in “marriage” and “love” as Biblically defined. 23. Defendant's association of Jenison Bible with a Demonstration in support of homosexuality and with the Demonstration’s definition of “love”- support for homosexuality and aReceived:5/3/2016 coclere homosexual “marriage” and the claim that they are not sinful —is a definition without Biblical basis, and is not the position of Jenison Bible. 24, Jenison Bible believes in love and truth, as set forth in the Gospel: Jesus Christ died to save sinful human beings from their sin which separates them from God. 25. Jenison Bible believes that “sin” includes all forms of immorality and sexual sin, including adultery, fornication (sex outside of marriage), homosexual practice, and homosexual “marriage.” 26. Jenison Bible believes that the Gospel, when received and believed through faith, breaks the bondage of sin, and changes all sinners into new creatures, who are clean in God’s sight. 27. Defendant has harmed Jenison Bible’s position in and ministry to the community by falsely implying the church supports homosexuality and believes it is not sin 28. Because Jenison Bible believes that sharing the true Gospel of Jesus Christ, and the truth of the Bible, are imperatives and central to their mission, Jenison Bible and its members publicly profess their reliance on Biblical imperatives, including the definition of marriage as one man and one woman only, and what the Bible teaches about sin and sexual immorality, to be a clear witness to their neighbors, their community, and the world, of the truth of the Gospel of Jesus Christ. 29. Consequently, any intentional and public distortion of Jenison Bible’s position on marriage or sexual immorality negatively impacts Jenison Bible’s ability to effectively share the Gospel 30, In addition, an intentional and public distortion of Jenison Bible’s position on marriage and sexual immorality damages Jenison Bible’s reputation as a church that stands for God’sReceived:5/3/2016 occlerk truth in the eyes of other churches, its neighbors, the community, and others potentially interested in attending and/or joining Jenison Bible. 31. Subsequent to June 11, 2015, Jenison Bible became aware that on June 11, 2015, Defendant had paid to create a sign implying Jenison Bible’s opposition to Bradlee Dean and support of “same-sex marriage,” had caused the sign to be displayed at the Demonstration falsely representing or implying that it was there with the support of and in representation of Jenison Bible, and had consequently caused a message to be sent at the Demonstration to the general public and numerous observers of the Demonstration and to the media that Jenison Bible opposed Bradlee Dean and was in favor of same-sex marriage and sexual immorality. 32. Defendant intentionally arranged to have media coverage of the Demonstration so that the message of the Demonstration would be broadcast, both by Defendant and the media, to the public in general and to a large number of people, and the message of the Demonstration, including specifically the message that churches names on the sign, including Jenison Bible, oppose Bradlee Dean and support “same-sex marriage” and “love” defined by Defendant as support for homosexuality 33. Media reports subsequent to the Demonstration and broadcast to the general public and a large number of people reported on numerous churches, including Jenison Bible, that were allegedly opposed to Bradlee Dean and in favor of same-sex marriage, and showed video and photographs of the Demonstration, thereby further communicating the erroneous message that the churches whose names were on the signs, including Jenison Bible, all opposed Bradlee Dean and supported “same-sex marriage,” and homosexual conduct. See photographs attached hereto as Exhibit C. 6Received: 5/3/2016 occierk 34. Prior to the event, Jenison Bible had no knowledge of Bradlee Dean, or his positions on marriage or other issues, and did not wish to have any involvement, pro or con, with Defendant, the event or the Demonstration. 35. Atno time prior to the event did Jenison Bible ever communicate with Defendant, or give Defendant permission to create a sign using the Jenison Bible name, or give Defendant permission to hire someone to hold the sign or otherwise display it, or give defendant permission to intentionally distort, at the Demonstration or in any other forum, Jenison Bible’s message to be exactly opposite to what Jenison Bible’s position is on marriage, homosexuality, sexual immorality, and Biblical love and truth. 36. Subsequent to June 11, 2015, Jenison Bible, via counsel, sent a demand letter to Defendant in which it, among other things, demanded an apology for these wrongful actions, and. publication of the apology via media channels that had distributed or published Defendant’s distortion of Jenison Bible’s position with respect to marriage. See copy of letter attached as Exhibit B 37. Defendant refused to respond to the demand letter, necessitating this action, 38. _Jurisdietion in this court is proper for the reason that the acts and omissions giving, rise to this cause of action occurred in Ottawa County, Michigan and the relief sought is largely equitable in nature. COUNT I FALSE-LIGHT INVASION OF PRIVACY, 39, Plaintiff hereby incorporates its allegations in paragraphs 1 through 38 by reference as if fully set forth herein,Received:5/3/2016 occlerk 40. Defendant broadcast to the public in general, or to a large number of people, information that was unreasonable and highly objectionable by attributing to Jenison Bible , conduct, or beliefs that were false and placed Jenison Bible in a false pos characterist ion, 41, Defendant had knowledge or acted in reckless disregard to the falsity of the publicized matter and the false light in which Jenison Bible would be plac: 42. Consequently, Defendant has committed Fals -Light Invasion of Privacy against Jenison Bible, causing damage to Jenison Bible, 43. Ithas thus become necessary for Jenison Bible to file this action secking judgment in its favor. that this WHEREFORE, Plaintiff Jenison Bible reques Court enter Judgment in its favor and against Defendant, and award the following relief: (A) That the Defendant must cease and desist, and is forever enjoined from, publishing statements or information, or taking any other action, that would paint Jenison Bible ina false light; (B) That Defendant issue a complete and public apology to Jenison Bible; (©) That Defendant publish, at Defendant's expense, a written retraction utilizing all forms of media in which the unauthorized appropriation was made, as follows: “I, Daniel VanderLey, without authority or permission, affiliated a group of Michigan churches, including Jenison Bible Church, with a pro-homosexuality message, in violation of their sincerely-held Biblical beliefs. I both misappropriated Jenison Bible’s identity, and mischaracterized its position with respect to human sexuality and marriage. I hereby apologize and ask for forgiveness for so doing.” (D) That Defendant provide Jenison Bible a copy of each published retraction noted in C above;Received: 5/3/2016 occlerk (E) That the Court award Jenison Bible its attorneys’ fees and costs, and order such other and further relief as the Court deems just and proper. Dated: April 29, 2016 Co-Counsel for Plaintiff ZS ZN aa enga, P. i Ne ACW., Ste. 1210 Grand Rapids, MI 49546 Grand Rapids, MI 49503 (480) 338-6142 (616) 454-3883