There is an apparent resolution in the dispute between office supply retailer Office Depot and a woman who sought to order printing of pro-life flyers for distribution at her Catholic parish.

The Internet was aflutter yesterday, after news broke that Office Depot had refused to make copies of a pro-life flyer for a customer. Maria Goldstein had used the store's website to order 500 copies of flyers containing “Quick Facts on Planned Parenthood” as well as a prayer by Fr. Frank Pavone, National Director of Priests for Life, entitled “Prayer for the Conversion of Planned Parenthood.”  The flyers were to announce Priests for Life's Prayer Campaign for the Conversion of Planned Parenthood, which begins September 12 and runs through September 20, then again from October 10 to October 18.

A store employee refused to print the order, on the grounds that it discriminated against people who support abortion rights. Goldstein turned to the Chicago-based Thomas More Society, which sent a warning letter to Office Depot and brought the story to the attention to the media.

Breitbart, in a September 10 headline, said “Office Depot Refuses to Print Copies of Pro-Life Prayer.” Breitbart reported that Karen Denning, a spokeswoman for Office Depot,

“...defended her company’s refusal to make copies of the prayer, stating that company policy forbids “the copying of any type of material that advocates any form of racial or religious discrimination or the persecution of certain groups of people.

'It also prohibits copying any type of copyrighted material,' she added. 'The flier contained material that advocates the persecution of people who support abortion rights.'”

Religious groups objected, likening Office Depot's refusal to other recent cases in which a Christian baker was forced to bake a cake or a photographer or an owner of a bed-and-breakfast was enjoined by law to participate in preparing for a same-sex “wedding.”

Elizabeth Scalia, writing at Aleteia, represented many Christians by likening the Office Depot case to the case of the Colorado baker who was ordered to bake a wedding cake for a same-sex wedding. Calling for reasonable accommodation of religion, Scalia wrote:

“Look, the loss of religious freedom is a serious issue, and in an increasingly secular age, one wherein a New York Times columnist can feel noble for suggesting that the practice of religion is fine, as long as it is kept indoors, and away from the public square, people of faith should be on their guard, and fight for their fundamental right to exercise their religion freely. Following one’s conscience ought not lead, for instance, to the loss of one’s business and livelihood, but that has happened, and some people have called it a good thing.”

One could make a distinction between cake baking and flyer printing, if only because one (the baker) is a case involving personal religious liberty, whereas the Office Depot case speaks of a corporate culture unwilling to accommodate people of the pro-life persuasion.

What has happened on September 11, though, is that the two sides seem to have reached some level of détente.

A Clarification from Office Depot

Office Depot's Assistant General Counsel, Robert A. Amicone, sent a letter to the Thomas More Society, explaining their view that in refusing to copy the pro-life flyer for Maria Goldstein, Office Depot had acted in accordance with applicable law and internal company policies.

“...It is important to note,” Amicone wrote,

“...your client was given the option of printing the flyer at one of our in-store, self-service copy machines. She declined that invitation. Moreover, beyond the substance of the flyer, store associates had legitimate copyright concerns that may have constrained their ability to legally copy the embedded Prayer for the Conversion of Planned Parenthood. While it now seems the prayer is not subject to copyright protection under these circumstances, store associates at the time did not have such information. As I am sure you can understand, Office Depot seeks to copy materials only when doing so is in accordance with applicable copyright laws.

“As for the content of the flyer, your letter characterizes it as [Ms. Goldstein's] Christian religious convictions. You also say that it is 'religious throughout in tone and content' and 'contains a prayer' seeking to end abortion. You do not mention, however, certain language within the prayer that discusses 'the killing of children in the womb' and 'the grisly trade in baby body parts.' Nor do you address the strong language presumably condemning those who perform or obtain abortions. Indeed, the prayer characterizes those individuals as 'evil,' and it advocates for the closure of the 'death camps in our midst.' It is this type of language that led to the decision to refuse your client's copying request.

“Consistent with what was relayed by customer service representatives to your client, Office Depot has an internal policy governing the reproduction of certain materials. There are two provisions applicable to this dispute. The first prohibits the copying of 'graphic material,' which can include descriptions of dead or dismembered bodies. The second provision prohibits the copying of 'hate material' that advocates for the persecution of groups of people, regardless of the reason.

“To be clear, Office Depot's position is that the above-quoted language falls within the definition of 'graphic material' and/or 'hate material,' making the refusal to print the flyer appropriate. Office Depot's decision was not based in any part on the fact that the message here is couched in terms of Ms. Goldstein's religious beliefs. In other words, the language at issue would violate Office Depot's policy regardless of the content surrounding it. The fact that the flyer was related to your client's beliefs—whether based in religion or not—did not bear in the decision. Thus, Office Depot's actions violated no laws.'

Finally late Friday, Office Depot issued a formal apology which was distributed to the media. It read:

“Office Depot has contacted Ms. Goldsteins’s representative to explain that the store associate’s decision to decline a print order was in no way based on religious beliefs, but on the fact that it contained certain words and phrases that could be construed as graphic or advocates the persecution of groups of people, which is a violation of the company’s copy and print policy. Office Depot has long maintained a policy of not allowing associates to print items that violate copyright laws, advocate persecution of any group or contain graphic material.

Upon a more detailed review, we have determined that the content of Ms. Goldstein's flyer is not a clear violation of the company's policy.

We sincerely apologize to Ms. Goldstein for her experience and our initial reaction was not at all related to her religious beliefs. We invite her to return to Office Depot if she still wishes to print the flyer.”

Response from the Thomas More Society

On Friday evening, September 11, the Thomas More Society released a statement to the Register, explaining that:

Thomas More Attorneys and client Maria Goldstein are still in discussion regarding the religious discrimination by Office Depot against Goldstein. However, in light of an apology received from Office Depot, they have issued the following statements:

From Tom Olp, Thomas More Society Attorney:

"We are grateful that Office Depot has apologized for discriminating against Maria Goldstein based on the content of her flyers. This situation is a reminder that religious liberty is increasingly under attack today, but it is a fundamental American right that every one of us should value and defend."

From Maria Goldstein, Thomas More Society Client:

"Thanks to the help of the Thomas More Society, I was able to stand up for my rights as a Christian, and I hope other people are empowered to stand up for their religious freedom, as well. I am grateful that God has used this situation to unite countless people in prayer for the conversion of Planned Parenthood."

Office Depot, according to its website, has prided itself on a corporate culture based on the core values of integrity, accountability, innovation, teamwork and respect. The company is committed to environmental stewardship.