In early 2026, one of the most outspoken critics of the Anchorage Assembly, Dustin Darden, filed a federal civil rights lawsuit against Anchorage Mayor Suzanne LaFrance and other municipal officials, alleging violations of his First, Fourth, and Fourteenth Amendment rights. The case, now before the U.S. Supreme Court as Application No. 25A1162, stems from Darden’s forcible removal from the Anchorage Assembly chambers during a public comment period on January 13, 2026.
Darden, a school bus driver, carpenter, and frequent public commentator who has run for local office, claims he was exercising his right to address elected officials when Assembly Chair Christopher Constant ruled him “out of order” for veering off-topic despite prior warnings.
At the time, Darden was using part of his public testimony to recite the Pledge of Allegiance and proclaim his Christian faith. Security then removed him from the meeting, and the video feed was cut. He was also trespassed from the subsequent meeting. Darden argues these actions amounted to unconstitutional prior restraint, viewpoint discrimination, unlawful seizure, and due process violations.
The suit was filed in the U.S. District Court for the District of Alaska (3:26-cv-00053-SLG) this winter. Representing himself, without an attorney, Darden sought a temporary restraining order and preliminary injunction to prevent further exclusion from public meetings. On March 16, Federal District Judge Sharon L. Gleason denied the motions, ruling that the Assembly’s restrictions were reasonable, viewpoint-neutral, and time-place-manner regulations in a limited public forum. (See the district court order here.)
Darden promptly appealed to the Ninth Circuit (No. 26-1606) and filed an emergency application for an injunction with the U.S. Supreme Court. Last month, his application was submitted to Justice Elena Kagan, who denied it on April 21. Darden refiled it with Justice Clarence Thomas on April 24. On May 12, the application was then distributed for the full Court’s conference, which is set for May 28.
Darden’s case currently sits in the Supreme Court’s emergency applications docket, where requests for interim relief are managed on an expedited basis with limited briefing. A small fraction of these types of applications ever reach full conference, and most are eventually denied.
ALASKA WATCHMAN DIRECT TO YOUR INBOX
On May 28, the justices will meet privately to consider Darden’s case. An order is expected shortly thereafter.
The possible outcomes could include denial of the application while the Ninth Circuit appeal proceeds, granting a rare injunction, which would give Darden temporary relief to attend and speak at future meetings, or the Court could pause enforcement temporarily and seek responses from both parties.
Any of the above decisions, however, would not resolve the underlying constitutional claims but could signal the justices’ views if the case ever made it to the Supreme Court.
The case highlights ongoing tensions over free speech concerns in the Anchorage Assembly meetings, dating back to widespread controversy over Anchorage’s highly contentious Covid mandates.
Darden has been a mainstay at the Assembly meetings, frequently criticizing the hard-left majority for what he sees as violations of personal liberties, free speech and other constitutional issues.
Regardless of the outcome on the emergency application, Darden’s Ninth Circuit appeal will continue, and the matter could possibly reach the Supreme Court, although this would be an exceptionally rare outcome for such a case.
As a pro se litigant, representing himself, Darden has advanced his case remarkably quickly.
