University of Michigan Law School
Civil Rights Litigation Clearinghouse
new search
page permalink
Case Name The Downtown Soup Kitchen v. Municipality of Anchorage PA-AK-0001
Docket / Court 3:18-cv-00190 ( D. Alaska )
State/Territory Alaska
Case Type(s) Public Accomm./Contracting
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 ... read more >
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.

Edward Cullen - 03/28/2019
Bogyung Lim - 07/18/2020


compress summary

- click to show/hide ALL -
Issues and Causes of Action
click to show/hide detail
Issues
Constitutional Clause
Due Process
Due Process: Procedural Due Process
Equal Protection
Free Exercise Clause
Freedom of speech/association
Content of Injunction
Preliminary relief granted
Discrimination-basis
Gender identity
Sex discrimination
General
Access to public accommodations - privately owned
Gay/lesbian/transgender
Housing
Religious programs / policies
Plaintiff Type
Non-profit religious organization
Type of Facility
Non-government non-profit
Causes of Action 42 U.S.C. § 1983
Declaratory Judgment Act, 28 U.S.C. § 2201
State law
Defendant(s) Anchorage Equal Rights Commission
Municipality of Anchorage
Plaintiff Description A faith-based homeless shelter.
Class action status sought No
Class action status granted No
Filed Pro Se No
Prevailing Party Plaintiff
Public Int. Lawyer Yes
Nature of Relief Preliminary injunction / Temp. restraining order
Attorneys fees
Damages
Injunction / Injunctive-like Settlement
Source of Relief Litigation
Settlement
Form of Settlement Court Approved Settlement or Consent Decree
Filed 08/15/2018
Case Ongoing Yes
Additional Resources
click to show/hide detail
  See this case at CourtListener.com (May provide additional documents and, for active cases, real-time alerts)
  The Downtown Soup Kitchen dba Downtown Hope Center v. Municipality of Anchorage
Alliance Defending Freedom
Date: October 3, 2019
By: Alliance Defending Freedom
[ Detail ] [ External Link ]

  The Downtown Soup Kitchen v. Municipality of Anchorage
Equal Justice Case Files
Date: Dec. 20, 2018
By: Equality Case Files (Equal Justice For All)
[ Detail ] [ External Link ]

Docket(s)
3:18-cv-00190 (D. Alaska)
PA-AK-0001-9000.pdf | Detail
Date: 10/02/2019
Source: PACER [Public Access to Court Electronic Records]
General Documents
Verified Complaint [ECF# 1]
PA-AK-0001-0001.pdf | Detail
Date: 08/16/2018
Source: PACER [Public Access to Court Electronic Records]
Order Re Pending Motions [ECF# 97] (406 F.Supp.3d 776) (D. Alaska)
PA-AK-0001-0002.pdf | WESTLAW| LEXIS | Detail
Date: 08/09/2019
Source: Google Scholar
show all people docs
Judges Gleason, Sharon Louise (D. Alaska) show/hide docs
PA-AK-0001-0002 | PA-AK-0001-9000
Plaintiff's Lawyers Anderson, Katherine L. (Arizona) show/hide docs
PA-AK-0001-9000
Clarkson, Kevin G (Alaska) show/hide docs
PA-AK-0001-9000
Cortman, David A. (Georgia) show/hide docs
PA-AK-0001-0001 | PA-AK-0001-9000
Redmond, Sonja K (Alaska) show/hide docs
PA-AK-0001-0001 | PA-AK-0001-9000
Scruggs, Jonathan A (Arizona) show/hide docs
PA-AK-0001-9000
Tucker, Ryan Jeffery (Arizona) show/hide docs
PA-AK-0001-9000
Defendant's Lawyers Carmichael, Meagan R (Alaska) show/hide docs
PA-AK-0001-9000
Stuart, Ryan A (Alaska) show/hide docs
PA-AK-0001-9000

- click to show/hide ALL -

new search
page permalink

- top of page -