Anchorage resident takes Assembly removal case to U.S. Supreme Court

Anchorage resident Dustin Darden has asked the U.S. Supreme Court to block enforcement of his removal from an Anchorage Assembly meeting. The Court will consider his emergency application at its May 28, 2026 conference.

Darden was removed from the Jan. 13, 2026 Assembly meeting while using his public comment time to recite the Pledge of Allegiance and proclaim his Christian faith. The Assembly was taking public comment on an ordinance to extend a streetlight service area.

Assembly Chair Christopher Constant directed security to remove Darden after repeated warnings that his remarks were not germane to the agenda item. Security removed him. The video feed was cut. He was barred from the following meeting.

Darden sued Mayor Suzanne LaFrance, Constant, the Anchorage Assembly, and other municipal officials in U.S. District Court. He alleged violations of his First, Fourth, and Fourteenth Amendment rights.

On March 16, 2026, Judge Sharon Gleason denied his motions for a temporary restraining order and preliminary injunction. Gleason found the Assembly's decorum rules to be reasonable, viewpoint-neutral time, place, and manner limits in a limited public forum.

Darden appealed to the Ninth Circuit and filed an emergency application with the Supreme Court. Justice Elena Kagan denied his first application on April 21, 2026. Darden refiled with Justice Clarence Thomas on April 24, 2026.

The Supreme Court distributed Application No. 25A1162 for consideration at the May 28 conference. His case remains pending in the Ninth Circuit as No. 26-1606.