Case: The Downtown Soup Kitchen v. Municipality of Anchorage

3:18-cv-00190 | U.S. District Court for the District of Alaska

Filed Date: Aug. 15, 2018

Case Ongoing

Clearinghouse coding complete

Case Summary

A faith-based women’s shelter in Anchorage filed this lawsuit in the United States District Court for the District of Alaska. The shelter, represented by Alliance Defending Freedom, sued the Municipality of Anchorage and the Anchorage Equal Rights Commission for violating the organization’s First and Fourteenth Amendment rights. It alleged that Anchorage, acting in bad faith, had engaged in irrelevant, harassing, and overreaching investigations of the shelter, baselessly accusing the shelter o…

A faith-based women’s shelter in Anchorage filed this lawsuit in the United States District Court for the District of Alaska. The shelter, represented by Alliance Defending Freedom, sued the Municipality of Anchorage and the Anchorage Equal Rights Commission for violating the organization’s First and Fourteenth Amendment rights. It alleged that Anchorage, acting in bad faith, had engaged in irrelevant, harassing, and overreaching investigations of the shelter, baselessly accusing the shelter of fair housing law violations and sex and gender identity discrimination.

On November 1, 2018, the shelter sought a preliminary injunction prohibiting Anchorage from applying the city’s non-discrimination ordinance in a manner that violated the shelter’s First and Fourteenth Amendment rights, or its rights under Article 1 of the Alaska Constitution. The shelter alleged that as a homeless shelter, it was exempted from the non-discrimination ordinance by the explicit terms of the ordinance. The court granted the preliminary injunction on August 9, 2019. 406 F.Supp.3d 776.

The following month, the parties presented a proposed consent decree to the court. Anchorage agreed not to enforce the non-discrimination ordinance against the shelter’s overnight living space policies, allowing the shelter to keep its overnight housing open only to persons who were determined to be female at birth. Anchorage also agreed to pay the shelter $1 in damages and $100,000 in attorneys’ fees and costs.

The court issued the consent decree on October 2, 2019.

Summary Authors

Edward Cullen (3/28/2019)

Bogyung Lim (7/18/2020)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/7674510/parties/the-downtown-soup-kitchen-v-municipality-of-anchorage/


Judge(s)

Gleason, Sharon Louise (Alaska)

Attorney for Plaintiff

Anderson, Katherine L. (Arizona)

Clarkson, Kevin G (Alaska)

Cortman, David A. (Georgia)

Attorney for Defendant

Carmichael, Meagan R (Alaska)

Documents in the Clearinghouse

Documents in this case

3:18-cv-00190

Docket [PACER]

Oct. 2, 2019

Oct. 2, 2019

Docket
1

3:18-cv-00190

Verified Complaint

Aug. 16, 2018

Aug. 16, 2018

Complaint
97

3:18-cv-00190

Order Re Pending Motions

Aug. 9, 2019

Aug. 9, 2019

Order/Opinion

406 F.Supp.3d 776

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/7674510/the-downtown-soup-kitchen-v-municipality-of-anchorage/

Last updated March 22, 2025, 11:10 a.m.

ECF Number Date Description Link
Aug. 16, 2018

Summons Issued as to Anchorage Equal Rights Commission, Pamela Basler, Municipality of Anchorage. (PXS, COURT STAFF) (Entered: 08/16/2018)

PACER
1 Aug. 16, 2018

COMPLAINT against All Defendants ( Filing fee $ 400 receipt number 097--2564564.), filed by The Downtown Soup Kitchen. (Attachments: # 1 Exhibit 1 - Shelter Policies, # 2 Exhibit 2 - Shelter Policies, # 3 Exhibit 3 - Posting Statement)(Tucker, Ryan) (Entered: 08/16/2018)

1 Exhibit 1 - Shelter Policies

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2 Exhibit 2 - Shelter Policies

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3 Exhibit 3 - Posting Statement

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Clearinghouse
2 Aug. 16, 2018

Civil Cover Sheet. (Tucker, Ryan) (Entered: 08/16/2018)

RECAP
3 Aug. 16, 2018

Unissued summons re Defendant Municipality of Anchorage, (Attachments: # 1 Unissued Summons re Defendant Anchorage Equal Rights Commission, # 2 Unissued Summons re Defendant Pamela Basler, in Official Capacity, # 3 Unissued Summons re Defendant Pamela Basler, individually)(PXS, COURT STAFF) (Entered: 08/16/2018)

1 Unissued Summons re Defendant Anchorage Equal Rights Commission

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2 Unissued Summons re Defendant Pamela Basler, in Official Capacity

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3 Unissued Summons re Defendant Pamela Basler, individually

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RECAP
Aug. 16, 2018

Summons Issued as to Anchorage Equal Rights Commission, Pamela Basler, Municipality of Anchorage. (PXS, COURT STAFF)

4 Aug. 17, 2018

MOTION for Leave to Appear as Pro Hac Vice (Non-Resident ) Attorney Ryan J. Tucker. ( Pro Hac Vice Admission fee $150.00 paid. Receipt number 097--2565086.) by The Downtown Soup Kitchen.(Tucker, Ryan) (Entered: 08/17/2018)

RECAP
5 Aug. 17, 2018

MOTION for Leave to Appear as Pro Hac Vice (Non-Resident ) Attorney David A. Cortman. ( Pro Hac Vice Admission fee $150.00 paid. Receipt number 097--2565094.) by The Downtown Soup Kitchen.(Cortman, David) (Entered: 08/17/2018)

RECAP
6 Aug. 17, 2018

MOTION for Leave to Appear as Pro Hac Vice (Non-Resident ) Attorney Katherine L. Anderson. ( Pro Hac Vice Admission fee $150.00 paid. Receipt number 097--2565111.) by The Downtown Soup Kitchen.(Anderson, Katherine) (Entered: 08/17/2018)

RECAP
7 Aug. 20, 2018

CLERK'S NOTICE re 4 Application to Appear Pro Hac Vice. The Application to Appear Pro Hac Vice by Ryan J. Tucker, at docket 4, is authorized under D.Ak. LR 83.1(d). (BJK, COURT STAFF) (Entered: 08/20/2018)

RECAP
8 Aug. 20, 2018

CLERK'S NOTICE re 5 Application to Appear Pro Hac Vice. The Application to Appear Pro Hac Vice by David A. Cortman, at docket 5, is authorized under D.Ak. LR 83.1(d). (BJK, COURT STAFF) (Entered: 08/20/2018)

RECAP
9 Aug. 20, 2018

CLERK'S NOTICE re 6 Application to Appear Pro Hac Vice. The Application to Appear Pro Hac Vice by Katherine L. Anderson, at docket 6, is authorized under D.Ak. LR 83.1(d). (BJK, COURT STAFF) (Entered: 08/20/2018)

RECAP
10 Aug. 21, 2018

MOTION for Leave to Appear as Pro Hac Vice (Non-Resident ) Attorney Jonathan A. Scruggs. ( Pro Hac Vice Admission fee $150.00 paid. Receipt number 097--2566353.) by The Downtown Soup Kitchen.(Scruggs, Jonathan) (Entered: 08/21/2018)

RECAP
11 Aug. 24, 2018

CLERK'S NOTICE re 10 Application to Appear Pro Hac Vice. The Application to Appear Pro Hac Vice by Jonathan A. Scruggs, at docket 10, is authorized under D.Ak. LR 83.1(d). (BJK, COURT STAFF) (Entered: 08/24/2018)

RECAP
12 Aug. 27, 2018

Corporate Disclosure Statement by The Downtown Soup Kitchen. (Tucker, Ryan) (Entered: 08/27/2018)

RECAP
13 Aug. 29, 2018

AFFIDAVIT of Service for Summons and Verified Complaint served on Municipality of Anchorage on 08/17/2018, filed by The Downtown Soup Kitchen. (Tucker, Ryan) (Entered: 08/29/2018)

RECAP
14 Aug. 29, 2018

AFFIDAVIT of Service for Summons and Verified Complaint served on Anchorage Equal Rights Commission on 08/17/2018, filed by The Downtown Soup Kitchen. (Tucker, Ryan) (Entered: 08/29/2018)

RECAP
15 Aug. 29, 2018

AFFIDAVIT of Service for Summons and Verified Complaint served on Pamela Basler, Executive Director on 08/17/2018, filed by The Downtown Soup Kitchen. (Tucker, Ryan) (Entered: 08/29/2018)

RECAP
16 Aug. 29, 2018

AFFIDAVIT of Service for Summons and Verified Complaint served on Pamela Basler, Individually on 08/17/2018, filed by The Downtown Soup Kitchen. (Tucker, Ryan) (Entered: 08/29/2018)

RECAP
17 Sept. 4, 2018

NOTICE of Appearance by Meagan Rae Carmichael on behalf of All Defendants (Carmichael, Meagan) (Entered: 09/04/2018)

RECAP
18 Sept. 4, 2018

MOTION for Extension of Time to File Answer re 1 Complaint, Unopposed by Anchorage Equal Rights Commission, Pamela Basler, Municipality of Anchorage. (Attachments: # 1 Proposed Order)(Carmichael, Meagan) (Entered: 09/04/2018)

1 Proposed Order

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RECAP
19 Sept. 17, 2018

ORDER: granting 18 Motion for Extension of Time to Answer re 18 is GRANTED. Municipality of Anchorage's Answer is due September 27, 2018. Signed by Judge Sharon L. Gleason on 09/17/2018. (CME, COURT STAFF) (Entered: 09/17/2018)

RECAP
20 Sept. 24, 2018

Second MOTION for Extension of Time to File Answer re 1 Complaint, (Unopposed) by Anchorage Equal Rights Commission, Pamela Basler, Municipality of Anchorage. (Attachments: # 1 Proposed Order)(Carmichael, Meagan) (Entered: 09/24/2018)

1 Proposed Order

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RECAP
21 Sept. 25, 2018

NOTICE re Motions to Dismiss advising counsel of procedures to follow prior to filing a motion to dismiss. (CME, COURT STAFF) (Entered: 09/25/2018)

RECAP
22 Sept. 26, 2018

SLG TEXT ORDER: The Motion for Extension of Time to Answer at Docket 20 is GRANTED. Defendant's to file its Answer by October 12,2018. (CME, COURT STAFF) (Entered: 09/26/2018)

RECAP
23 Oct. 3, 2018

NOTICE of Appearance by Kevin G. Clarkson on behalf of The Downtown Soup Kitchen (Clarkson, Kevin) (Entered: 10/03/2018)

RECAP
24 Oct. 12, 2018

MOTION for Extension of Time to File Answer re 1 Complaint, by Municipality of Anchorage. (Attachments: # 1 Proposed Order)(Carmichael, Meagan) (Entered: 10/12/2018)

1 Proposed Order

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RECAP
25 Oct. 15, 2018

ORDER GRANTING MOTION FOR EXTENSION OF TIME TO FILE ANSWER TO COMPLAINT: RE 24 Motion for Extension of Time to Answer re 24 MOTION for Extension of Time to File Answer re 1 Complaint, is GRANTED. Municipality of Anchorage answer due 10/17/2018. Signed by Judge Sharon L. Gleason on 10/15/2018. (CME, COURT STAFF) (Entered: 10/15/2018)

RECAP
26 Oct. 17, 2018

ANSWER to 1 Complaint, by All Defendants.(Carmichael, Meagan) (Entered: 10/17/2018)

RECAP
27 Oct. 19, 2018

ORDER RE INITIAL SCHEDULING & PLANNING CONFERENCE REPORT: Counsel for plaintiff shall serve and file the Rule 26 Meeting Report within 21 days of service of this order.. Signed by Judge Sharon L. Gleason on 10/19/2018. (Attachments: # 1 Form)(CME, COURT STAFF) (Entered: 10/19/2018)

1 Form

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RECAP
28 Nov. 1, 2018

MOTION for Leave to File Documents Using Initials Of Third Parties And Redactions by The Downtown Soup Kitchen. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Proposed Order)(Tucker, Ryan) (Entered: 11/01/2018)

1 Exhibit 1

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2 Exhibit 2

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3 Exhibit 3

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4 Exhibit 4

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5 Exhibit 5

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6 Proposed Order

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RECAP
29 Nov. 1, 2018

MOTION for Preliminary Injunction by The Downtown Soup Kitchen. (Attachments: # 1 Exhibit A-V, # 2 Proposed Order)(Tucker, Ryan) (Entered: 11/01/2018)

1 Exhibit A-V

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2 Proposed Order

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RECAP
30 Nov. 1, 2018

MEMORANDUM in Support of Plaintiff's Motion for Preliminary Injunction by The Downtown Soup Kitchen 29 MOTION for Preliminary Injunction filed by The Downtown Soup Kitchen. (Tucker, Ryan) (Entered: 11/01/2018)

RECAP
31 Nov. 1, 2018

DECLARATION of Ryan Tucker re 29 MOTION for Preliminary Injunction by The Downtown Soup Kitchen. (Tucker, Ryan) (Entered: 11/01/2018)

RECAP
32 Nov. 1, 2018

DECLARATION of Sherrie Laurie re 29 MOTION for Preliminary Injunction by The Downtown Soup Kitchen. (Tucker, Ryan) (Entered: 11/01/2018)

RECAP
33 Nov. 1, 2018

DECLARATION of Sonja Redmond re 29 MOTION for Preliminary Injunction by The Downtown Soup Kitchen. (Tucker, Ryan) (Entered: 11/01/2018)

RECAP
34 Nov. 1, 2018

DECLARATION of S.D. re 29 MOTION for Preliminary Injunction by The Downtown Soup Kitchen. (Tucker, Ryan) (Entered: 11/01/2018)

RECAP
35 Nov. 1, 2018

DECLARATION of G.O. re 29 MOTION for Preliminary Injunction by The Downtown Soup Kitchen. (Tucker, Ryan) (Entered: 11/01/2018)

RECAP
36 Nov. 1, 2018

DECLARATION of F.S. re 29 MOTION for Preliminary Injunction by The Downtown Soup Kitchen. (Tucker, Ryan) (Entered: 11/01/2018)

RECAP
37 Nov. 9, 2018

REPORT of Rule 26(f) Planning Meeting. (Tucker, Ryan) (Entered: 11/09/2018)

RECAP
38 Nov. 14, 2018

SCHEDULING AND PLANNING ORDER: Fact Discovery completed by 9/20/2019. Dispositive Motions due by 11/22/2019. See Order for additional deadlines. Signed by Judge Sharon L. Gleason on 11/13/18. (JLH, COURT STAFF) (Entered: 11/14/2018)

RECAP
39 Nov. 14, 2018

MOTION for Extension of Time to File Response/Reply as to 30 Memorandum, 29 MOTION for Preliminary Injunction Unopposed by Anchorage Equal Rights Commission, Pamela Basler, Municipality of Anchorage. (Attachments: # 1 Proposed Order)(Carmichael, Meagan) (Entered: 11/14/2018)

1 Proposed Order

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RECAP
40 Nov. 14, 2018

NOTICE Re Filing Amended Proposed Order by Anchorage Equal Rights Commission, Pamela Basler, Municipality of Anchorage re 39 MOTION for Extension of Time to File Response/Reply as to 30 Memorandum, 29 MOTION for Preliminary Injunction Unopposed (Attachments: # 1 Proposed Order Amended)(Carmichael, Meagan) (Entered: 11/14/2018)

1 Proposed Order Amended

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RECAP
41 Nov. 16, 2018

SLG TEXT ORDER: The Motion for Extension of Time to File Response/Reply, at docket 39, is hereby GRANTED. The response to the Motion for Preliminary Injunction is due by 11/29/2018, replies due by 12/13/2018. (JLH, COURT STAFF) (Entered: 11/16/2018)

RECAP
42 Nov. 21, 2018

NOTICE of Appearance by Ryan A. Stuart on behalf of All Defendants (Stuart, Ryan) (Entered: 11/21/2018)

RECAP
43 Nov. 21, 2018

MOTION FOR FEDERAL ABSTENTION by Anchorage Equal Rights Commission, Pamela Basler, Municipality of Anchorage. (Attachments: # 1 Exhibit Exhibit A, # 2 Exhibit Exhibit B, # 3 Proposed Order Proposed Order)(Stuart, Ryan) (Entered: 11/21/2018)

1 Exhibit Exhibit A

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2 Exhibit Exhibit B

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3 Proposed Order Proposed Order

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RECAP
44 Nov. 21, 2018

MOTION to Stay by Anchorage Equal Rights Commission, Pamela Basler, Municipality of Anchorage. (Attachments: # 1 Proposed Order Proposed Order)(Stuart, Ryan) (Entered: 11/21/2018)

1 Proposed Order Proposed Order

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RECAP
45 Nov. 21, 2018

MOTION to Expedite Motion for Shortened Time to Consider Motion to Stay Proceedings by Anchorage Equal Rights Commission, Pamela Basler, Municipality of Anchorage. (Attachments: # 1 Proposed Order Proposed Order)(Stuart, Ryan) (Entered: 11/21/2018)

1 Proposed Order Proposed Order

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RECAP
46 Nov. 21, 2018

ERRATA Affidavit of Ryan Stuart by Anchorage Equal Rights Commission, Pamela Basler, Municipality of Anchorage 45 MOTION to Expedite Motion for Shortened Time to Consider Motion to Stay Proceedings filed by Municipality of Anchorage, Anchorage Equal Rights Commission, Pamela Basler. (Stuart, Ryan) (Entered: 11/21/2018)

RECAP
47 Nov. 26, 2018

RESPONSE in Opposition re 45 MOTION to Expedite Motion for Shortened Time to Consider Motion to Stay Proceedings filed by The Downtown Soup Kitchen. (Attachments: # 1 Proposed Order)(Tucker, Ryan) (Entered: 11/26/2018)

1 Proposed Order

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RECAP
48 Nov. 27, 2018

REPLY to Response to Motion re 45 MOTION to Expedite Motion for Shortened Time to Consider Motion to Stay Proceedings filed by Anchorage Equal Rights Commission, Pamela Basler, Municipality of Anchorage. (Stuart, Ryan) (Entered: 11/27/2018)

RECAP
49 Nov. 27, 2018

AFFIDAVIT of Deitra Ennis re 48 Reply to Response to Motion by Anchorage Equal Rights Commission, Pamela Basler, Municipality of Anchorage. (Stuart, Ryan) (Entered: 11/27/2018)

RECAP
50 Nov. 28, 2018

SLG TEXT ORDER: The Municipalitys motion to expedite consideration at Docket 45, seeking expedited consideration of the motion to stay (Docket 44 ), is DENIED. (CME, COURT STAFF) (Entered: 11/28/2018)

RECAP
51 Nov. 28, 2018

SLG TEXT ORDER: granting 28 Motion for Leave to File. The documents lodged at 28-1 through 28-5 accepted for filing as redacted. (CME, COURT STAFF) (Entered: 11/28/2018)

RECAP
52 Nov. 29, 2018

RESPONSE in Opposition re 29 MOTION for Preliminary Injunction filed by Anchorage Equal Rights Commission, Pamela Basler, Municipality of Anchorage. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Proposed Order)(Stuart, Ryan) (Entered: 11/29/2018)

1 Exhibit 1

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2 Exhibit 2

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3 Proposed Order

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RECAP
53 Nov. 29, 2018

AFFIDAVIT of Pamela Basler re 52 Response in Opposition to Motion, by Anchorage Equal Rights Commission, Pamela Basler, Municipality of Anchorage. (Stuart, Ryan) Modified on 12/3/2018 to link to dkt 29 (JLH, COURT STAFF). (Entered: 11/29/2018)

RECAP
54 Nov. 29, 2018

NOTICE of Filing Unsigned Affidavit of Wanda Greene by Anchorage Equal Rights Commission, Pamela Basler, Municipality of Anchorage re 52 Response in Opposition to Motion, (Attachments: # 1 Affidavit of Wanda Greene)(Stuart, Ryan) Modified on 12/3/2018 to link to dkt 29 (JLH, COURT STAFF). (Entered: 11/29/2018)

1 Affidavit of Wanda Greene

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RECAP
55 Dec. 5, 2018

RESPONSE in Opposition re 44 MOTION to Stay filed by The Downtown Soup Kitchen. (Attachments: # 1 Proposed Order)(Tucker, Ryan) (Entered: 12/05/2018)

1 Proposed Order

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RECAP
56 Dec. 5, 2018

RESPONSE in Opposition re 43 MOTION FOR FEDERAL ABSTENTION filed by The Downtown Soup Kitchen. (Tucker, Ryan) (Entered: 12/05/2018)

RECAP
57 Dec. 6, 2018

NOTICE OF WITHDRAWAL OF CO-COUNSEL by The Downtown Soup Kitchen (Clarkson, Kevin) (Entered: 12/06/2018)

RECAP
58 Dec. 7, 2018

Witness List by Anchorage Equal Rights Commission, Pamela Basler, Municipality of Anchorage. (Stuart, Ryan) (Entered: 12/07/2018)

RECAP
59 Dec. 10, 2018

NOTICE of Filing Signed Affidavit of Wanda Greene by Municipality of Anchorage re 52 Response in Opposition to Motion, (Attachments: # 1 Affidavit of Wanda Greene - Signed)(Stuart, Ryan) (Entered: 12/10/2018)

1 Affidavit of Wanda Greene - Signed

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RECAP
60 Dec. 12, 2018

REPLY to Response to Motion re 44 MOTION to Stay filed by Anchorage Equal Rights Commission, Pamela Basler, Municipality of Anchorage. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C)(Stuart, Ryan) (Entered: 12/12/2018)

1 Exhibit A

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2 Exhibit B

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3 Exhibit C

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RECAP
61 Dec. 12, 2018

REPLY to Response to Motion re 43 MOTION FOR FEDERAL ABSTENTION filed by Anchorage Equal Rights Commission, Pamela Basler, Municipality of Anchorage. (Attachments: # 1 Exhibit C, # 2 Exhibit D, # 3 Exhibit E, # 4 Exhibit F)(Stuart, Ryan) (Entered: 12/12/2018)

1 Exhibit C

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2 Exhibit D

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3 Exhibit E

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4 Exhibit F

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RECAP
62 Dec. 13, 2018

MOTION for Hearing re 56 Response in Opposition to Motion, 43 MOTION FOR FEDERAL ABSTENTION, 61 Reply to Response to Motion, Request for Oral Argument by Anchorage Equal Rights Commission, Pamela Basler, Municipality of Anchorage.(Stuart, Ryan) (Entered: 12/13/2018)

RECAP
63 Dec. 13, 2018

REPLY to Response to Motion re 29 MOTION for Preliminary Injunction filed by The Downtown Soup Kitchen. (Tucker, Ryan) (Entered: 12/13/2018)

RECAP
64 Dec. 13, 2018

DECLARATION of Sherrie Laurie re 63 Reply to Response to Motion by The Downtown Soup Kitchen. (Tucker, Ryan) (Entered: 12/13/2018)

RECAP
65 Dec. 14, 2018

Joint MOTION for Extension of Time to File Proposed Confidentiality Agreement by The Downtown Soup Kitchen. (Attachments: # 1 Proposed Order)(Tucker, Ryan) (Entered: 12/14/2018)

1 Proposed Order

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RECAP
66 Dec. 17, 2018

SLG TEXT ORDER: granting 65 Motion for Extension of Time to File. Proposed confidentiality agreement to be filed by December 19, 2018. (CME, COURT STAFF) (Entered: 12/17/2018)

RECAP
67 Dec. 18, 2018

STIPULATION For Protective Order by The Downtown Soup Kitchen.(Tucker, Ryan) (Entered: 12/18/2018)

RECAP
68 Dec. 18, 2018

MOTION for Hearing re 29 MOTION for Preliminary Injunction by The Downtown Soup Kitchen.(Tucker, Ryan) (Entered: 12/18/2018)

RECAP
69 Dec. 20, 2018

ORDER: The parties stipulation for protective order at Docket 67 is GRANTED. (See order for details). Signed by Judge Sharon L. Gleason on 12/20/2018. (CME, COURT STAFF) (Entered: 12/20/2018)

RECAP
70 Dec. 20, 2018

SLG TEXT ORDER: Oral argument on all motions then pending shall be held on 1/11/2019 01:30 PM in Anchorage Courtroom 3 before Sharon L. Gleason. Each party shall be accorded a total of up to 20 minutes on which to make its arguments on the motions. (CME, COURT STAFF) (Entered: 12/20/2018)

RECAP
71 Jan. 11, 2019

Minute Entry for proceedings held before Judge Sharon L. Gleason: Oral Argument on Pending Motions at Docket's (29, 43,44, 62, and 68) held at 1:32 p.m. to 2:31 p.m. on 1/11/2019. Court and counsel heard re filings at Docket 30 and 56 to be re-filed without the footers as soon as possible. Arguments heard; Court heard the Motions at Dockets 29, 43, and 44 are taken UNDER ADVISEMENT, written ruling to issue. APPEARANCES: David Andrew Cortman, Ryan Jeffrey Tucker, Sonja Kathleen Redmond; Meagan Rae Carmichael, Ryan A. Stuart; Sonja L. Reeves, Official Court Reporter. (CME, COURT STAFF) Modified on 1/11/2019 to remove reference to dockets 62 and 68. NEF regenerated.(CME, COURT STAFF). (Entered: 01/11/2019)

RECAP
72 Jan. 14, 2019

ERRATA Regarding ECF No. 30 by The Downtown Soup Kitchen 30 Memorandum filed by The Downtown Soup Kitchen. (Attachments: # 1 Exhibit 1)(Tucker, Ryan) Modified on 1/14/2019 Create relationship to document #29 (CME, COURT STAFF). (Entered: 01/14/2019)

1 Exhibit 1

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RECAP
73 Jan. 14, 2019

ERRATA Regarding ECF No. 56 by The Downtown Soup Kitchen 56 Response in Opposition to Motion filed by The Downtown Soup Kitchen. (Attachments: # 1 Exhibit 1)(Tucker, Ryan) Modified on 1/14/2019 Create relationship to document #43 (CME, COURT STAFF). (Entered: 01/14/2019)

1 Exhibit 1

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RECAP
74 March 27, 2019

TRANSCRIPT REQUEST by The Downtown Soup Kitchen. (Tucker, Ryan) (Entered: 03/27/2019)

RECAP
75 April 3, 2019

TRANSCRIPT of Proceedings ; Oral Argument held on January 11, 2019 before Judge Sharon L. Gleason. Realtime Court Reporter: Sonja L. Reeves, RMR-CRR. Any party needing a copy of the transcript to review for redaction purposes may purchase a copy by calling Realtime Court Reporter, Sonja L. Reeves, RMR-CRR (907) 677-6136. Transcript may be viewed at the court public terminal or purchased through the Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after Release of Transcript Restriction deadline of 7/2/2019. Ordered by: Ryan J. Tucker (SLR) (Entered: 04/03/2019)

RECAP
76 May 13, 2019

NOTICE of Supplemental Authority by Anchorage Equal Rights Commission, Pamela Basler, Municipality of Anchorage re 52 Response in Opposition to Motion, 29 MOTION for Preliminary Injunction (Attachments: # 1 Exhibit A)(Stuart, Ryan) (Entered: 05/13/2019)

1 Exhibit A

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RECAP
77 May 14, 2019

TRANSCRIPT REQUEST by Anchorage Equal Rights Commission, Pamela Basler, Municipality of Anchorage. (Stuart, Ryan) (Entered: 05/14/2019)

RECAP
78 May 20, 2019

NOTICE in Response to Anchorage's Notice of Supplemental Authority by The Downtown Soup Kitchen re 76 Notice (Other), (Tucker, Ryan) (Entered: 05/20/2019)

RECAP
79 May 24, 2019

MOTION to Supplement or For Judicial Notice re 30 Memorandum in Support of Motion for Preliminary Injunction by The Downtown Soup Kitchen. (Attachments: # 1 Proposed Order)(Tucker, Ryan) (Entered: 05/24/2019)

1 Proposed Order

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RECAP
80 May 24, 2019

MOTION to Seal Document 79 MOTION to Supplement or For Judicial Notice re 30 Memorandum in Support of Motion for Preliminary Injunction by The Downtown Soup Kitchen. (Attachments: # 1 Proposed Order)(Tucker, Ryan) (Entered: 05/24/2019)

1 Proposed Order

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RECAP
82 June 6, 2019

RESPONSE to Motion (Non-Opposition) re 80 MOTION to Seal Document 79 MOTION to Supplement or For Judicial Notice re 30 Memorandum in Support of Motion for Preliminary Injunction filed by Anchorage Equal Rights Commission, Pamela Basler, Municipality of Anchorage. (Stuart, Ryan) (Entered: 06/06/2019)

RECAP
83 June 6, 2019

First MOTION for Leave to File Documents Under Seal by Anchorage Equal Rights Commission, Pamela Basler, Municipality of Anchorage. (Attachments: # 1 Proposed Order)(Stuart, Ryan) (Entered: 06/06/2019)

1 Proposed Order

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RECAP
85 June 6, 2019

RESPONSE in Opposition re 79 MOTION to Supplement or For Judicial Notice re 30 Memorandum in Support of Motion for Preliminary Injunction filed by Anchorage Equal Rights Commission, Pamela Basler, Municipality of Anchorage. (Stuart, Ryan) (Entered: 06/06/2019)

RECAP
86 June 7, 2019

MOTION for Extension of Time to File Response/Reply as to 85 Response in Opposition to Motion, (Unopposed) by The Downtown Soup Kitchen. (Attachments: # 1 Proposed Order)(Scruggs, Jonathan) (Entered: 06/07/2019)

1 Proposed Order

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RECAP
87 June 11, 2019

SLG TEXT ORDER: The unopposed Motion for Leave to File Documents under Seal at Docket 80 is GRANTED. (CME, COURT STAFF) (Entered: 06/11/2019)

RECAP
June 11, 2019

Order on Motion to Seal Document

88 June 12, 2019

SLG TEXT ORDER: The Unopposed Motion for Extension of Time to File Reply at Docket 86 is GRANTED. Plaintiff has until June 24, 2019, to file its reply to Defendants' Opposition to Plaintiff's Motion to Supplement or for Judicial Notice (Docket 79).(NMM, Chambers Staff) Modified on 6/12/2019 Create relationship to document #79 (CME, COURT STAFF). (Entered: 06/12/2019)

RECAP
June 12, 2019

Order on Motion for Extension of Time to File Response/Reply

89 June 20, 2019

RESPONSE to Motion (Non-Opposition) re 83 First MOTION for Leave to File Documents Under Seal filed by The Downtown Soup Kitchen. (Tucker, Ryan) (Entered: 06/20/2019)

RECAP
90 June 21, 2019

SLG TEXT ORDER: The unopposed Motion for Leave to File Documents under Seal at Docket 83 is GRANTED. (JLH, COURT STAFF) (Entered: 06/21/2019)

RECAP
June 21, 2019

Order on Motion for Leave to File

91 June 24, 2019

MOTION for Leave to File Documents Under Seal by The Downtown Soup Kitchen. (Attachments: # 1 Proposed Order)(Tucker, Ryan) (Entered: 06/24/2019)

1 Proposed Order

View on PACER

RECAP
93 June 24, 2019

NOTICE of Ongoing Case by The Downtown Soup Kitchen (Tucker, Ryan) (Entered: 06/24/2019)

RECAP
96 July 11, 2019

SLG TEXT ORDER: granting 91 Motion for Leave to File Under Seal. (CME, COURT STAFF) (Entered: 07/11/2019)

RECAP
July 11, 2019

Order on Motion for Leave to File

97 Aug. 9, 2019

ORDER DENYING Motion for Federal Abstention at Docket 43 ; DENYING as moot Motion to Stay Proceedings at Docket 44 ; GRANTING Motion to Supplement or for Judicial Notice at Docket 79 ; GRANTING Motion for Preliminary Injunction at Docket 29 . Signed by Judge Sharon L. Gleason on 8/9/2019. (JDH) (Entered: 08/09/2019)

Clearinghouse
98 Aug. 23, 2019

Witness List by The Downtown Soup Kitchen. (Tucker, Ryan) (Entered: 08/23/2019)

RECAP
99 Aug. 23, 2019

Witness List by Anchorage Equal Rights Commission, Pamela Basler, Municipality of Anchorage. (Stuart, Ryan) (Entered: 08/23/2019)

RECAP

Case Details

State / Territory:

Alaska

Case Type(s):

Public Accommodations/ Contracting/ Organizational Discrimination

Special Collection(s):

Multi-LexSum (in sample)

Key Dates

Filing Date: Aug. 15, 2018

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

A faith-based homeless shelter.

Plaintiff Type(s):

Non-profit religious organization

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

City

Municipality of Anchorage

State

Anchorage Equal Rights Commission

Facility Type(s):

Non-government non-profit

Case Details

Causes of Action:

42 U.S.C. § 1983

Declaratory Judgment Act, 28 U.S.C. § 2201

State law

Constitutional Clause(s):

Due Process

Due Process: Procedural Due Process

Equal Protection

Freedom of speech/association

Free Exercise Clause

Other Dockets:

District of Alaska 3:18-cv-00190

Available Documents:

Any published opinion

Complaint (any)

Injunctive (or Injunctive-like) Relief

Monetary Relief

Trial Court Docket

Outcome

Prevailing Party: Plaintiff OR Mixed

Relief Granted:

Attorneys fees

Damages

Injunction / Injunctive-like Settlement

Preliminary injunction / Temp. restraining order

Source of Relief:

Litigation

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Content of Injunction:

Preliminary relief granted

Amount Defendant Pays: 100,001

Issues

General/Misc.:

Access to public accommodations - privately owned

Housing

Religious programs / policies

Discrimination Basis:

Gender identity

Sex discrimination

LGBTQ+:

LGBTQ+

Recommended Citation