Case: Chiles v. Salazar

1:22-cv-02287 | U.S. District Court for the District of Colorado

Filed Date: Sept. 5, 2022

Case Ongoing

Clearinghouse coding complete

Case Summary

Colorado’s Minor Conversion Therapy Law (MCTL), enacted in 2019, prohibited mental health professionals from offering counseling services for the purpose of changing a child’s sexual orientation or gender identity. Based on overwhelming evidence that such counseling is ineffective and unsafe for children, the state imposed disciplinary measures on professional health providers who violate the prohibition. On September 5, 2022, Kelly Chiles – a licensed counselor within Colorado – filed a pre-e…

On September 5, 2022, Kelly Chiles – a licensed counselor within Colorado – filed a pre-enforcement First Amendment and free exercise challenge to the Minor Conversion Therapy Law in the U.S. District Court for the District of Colorado. The plaintiff sued the Executive Director of the Department of Regulatory Agencies, a series of state officials within the State Board of Licensed Professional Counselor Examiners, and the State Board of Addiction Counselor Examiners (collectively “Boards”). Represented by a private law firm, the plaintiff sought a preliminary and permanent injunction prohibiting Boards from enforcing the MCTL and a declaratory judgement that the MCTL is unconstitutional, facially and as applied. The case was assigned to District Judge Amy Berman Jackson.

The plaintiff’s complaint challenged this order under the First Amendment and Fourteenth Amendment. The former challenge alleges that the MTCL restricts the type of counseling she can provide clients, deprives clients of the ability to receive information on reducing same-sex attraction, and violates her right to the free exercise of religion. The plaintiff further alleged that the law violated the due process clause by failing to provide adequate standards or guidelines for pursuing disciplinary enforcement actions.

First, the plaintiff alleged the MCTL is viewpoint discrimination because it prohibits a category of persons (licensed counselors) from expressing certain views on those topics (anything but affirming sexual orientation or gender identity). Second, the plaintiff alleged that the law violates her clients’ right by depriving them of the ability to receive information on reducing or eliminating same-sex attraction or identity from licensed counselors. Third, the plaintiff alleged that the law violates her right to the free exercise of religion, on its face and as applied, by prohibiting counseling that is consistent with religious beliefs Fourth, the plaintiff alleged that the law violates due process clause by failing to provide adequate standards or guidelines for pursuing disciplinary enforcement actions.

Subsequently, the plaintiff filed a motion for preliminary injunction.

On December 19, 2022, the court denied the plaintiff’s motion for preliminary injunction. 2022 WL 17770837. The court found that she had pre-enforcement standing to challenge the statute under the first amendment but lacked third party standing to bring this suit on behalf of her clients. The court found that the MCTL “regulates professional conduct rather than speech…which narrowly prohibits therapeutic practices that promote particular sexual orientations or gender identities.” Given that the law is “viewpoint neutral and does not impose content-based speech restrictions,” the court upheld the MCTL under rational basis review.

Similarly the court rejected the plaintiff’s free exercise claim which was subject to rational basis review because it is neutral and generally applicable. The court found that the plaintiff failed to meet her burden of showing that the law violates due process because it is both clear and does not invite arbitrary enforcement. Thus, children are “entitled to a state’s protection from therapeutic modalities that have been shown to cause longstanding psychological and physical damage.”

On March 8, 2023, the plaintiff appealed the court’s order denying her motion for preliminary injunction to the Tenth Circuit, proposing the same arguments as her motion in the district court.

On September 12, 2024, The Tenth Circuit affirmed the lower court’s holding that MCTL banned conduct not speech and therefore is constitutional under rational basis review. 116 F.4th 1178. The court noted that the plaintiff’s position “would require [the court] to conclude—erroneously—that mental health care is not really health care, and that talk therapy is not really medical treatment,” which would “minimize[] the mental health profession, distort[] reality, and ignore[] the record in this case.” In his dissent, Judge Hartz stated that “a restriction on speech is not incidental to regulation of conduct when the restriction is imposed because of the expressive content of what is said.” In particular, he expressed concern about permitting the government to regulate free speech by strategically framing a law to regulate conduct and declaring that the regulation on speech was merely incidental.

The plaintiff subsequently filed a motion to stay the case in district court pending review by the U.S. Supreme Court. Judge Sweney recused herself on September 14, 2022, and the case was reassigned to Judge Fordon Gallagher. After further briefing, the court granted the motion to stay pending conclusion of litigation regarding the stay. The court rendered any further motion to stay as moot because the Tenth Circuit had already upheld the court’s determination that plaintiff is unlikely to prevail on the merits; thus, the statute at issue remained in effect. The court also denied the motion to dismiss given the administrative closure of the case. The parties were free to refile, if and when the case is re-opened.

On November 8, 2024, the plaintiff filed a petition for a writ of certiorari within the U.S. Supreme Court for review of the free speech challenge, but not the free exercise claim. The court granted review.

Represented by the Alliance Defending Freedom, the plaintiff claimed that under the guise of regulating conduct, Colorado was censoring messages that it did not agree with. The plaintiff claims that this is viewpoint discrimination because the prohibition applies even when clients themselves desire a change of an individual’s sexual orientation or gender identity while allowing counseling that provides acceptance or support for identity exploration and development. The history of regulations on professional conduct was not sufficient for the government to impose regulations. The plaintiff relied on NIFLA v. Becerra where the Supreme Court struck down a reproductive rights law that mandated licensed clinics to disclose certain information regarding public family planning services, such as contraception and abortion. 138 US 2361 (2018).

On October 7, 2025, the court heard oral arguments on this case.

On March 31, 2026, the Supreme Court reversed the Tenth Circuit and remanded. 607 U.S. ___ (2026). The majority opinion is written by Justice Gorsuch, joined by Chief Justice Roberts and Justices Thomas, Alito, Sotomayor, Kagan, Kavanaugh, and Barrett.

The majority reasoned that Colorado’s ban on conversion therapy for minors, as applied to plaintiff’s talk therapy, regulates speech based on viewpoint, not merely professional conduct. In the Court’s view, the law allows counseling that affirms or supports a minor’s sexual orientation or gender identity, but forbids counseling that seeks to change a minor’s sexual orientation, gender identity, behavior, or same-sex attraction. Because the law permits one side of the conversation and bars the other, the Court held that the lower courts erred in applying only rational-basis review and should have applied far more rigorous First Amendment scrutiny.

Justice Kagan filed a concurrence, joined by Justice Sotomayor. She agreed that Colorado’s law is likely unconstitutional here because it is viewpoint-based, but emphasized that the Court was not deciding how to evaluate content-based but viewpoint-neutral laws regulating speech in medical or counseling settings.

Justice Jackson dissented. She argued that Colorado’s law should be understood as part of the State’s ordinary regulation of medical treatment and professional standards of care, and that any burden on speech is only incidental to that regulation. In her view, the law does not censor Chiles’s opinions about conversion therapy; it only bars licensed professionals from providing that treatment to minors.

The lower court is now directed to evaluate this as-applied challenge under strict-scrutiny-type First Amendment review, not rational-basis review.

The case is ongoing.

Summary Authors

Zainab Mustafa (11/3/2025)

Jacob Chang (4/1/2026)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/65348873/parties/chiles-v-salazar/

Judge(s)

Attorney for Plaintiff

Arrington, Barry Kevin (Colorado)

Barnett, Cody S.

Attorney for Defendant

Expert/Monitor/Master/Other

Amunson, Jessica Ring

Barday, Shireen

Barefoot, Luke A.

Judge(s)

Gallagher, Gordon P. (Colorado)

Attorney for Plaintiff

Arrington, Barry Kevin (Colorado)

Barnett, Cody S.

Bursch, John J. (Colorado)

Pearman, Shaun (Colorado)

Attorney for Defendant

Chestnut, Abby L. (Colorado)

Finger, Craig Maxwell (Colorado)

Finke, Robert William (Colorado)

Fischer, Janna K. (Colorado)

Norton, Helen

Orr, Asaf (Colorado)

Stevenson, Shannon Wells

Stoll, Christopher F. (Colorado)

Tancher, Brianna Susan (Colorado)

Other

Amunson, Jessica Ring

Barday, Shireen

Barefoot, Luke A.

Breen, Peter Christopher

Davies, Mark Christopher

McHale, Michael George

McNamara, Robert

Minter, Shannon Price

Overing, Michael S.

Sawadogo, Jessica

Sax-Bolder, Amalia Y.

Sepe, Cristina

Sherman, Paul

Wilde, Edward C.

Attorney Contact Information via CourtListener

Documents in the Clearinghouse

Documents in this case

1 1:22-cv-02287	Verified Complaint	Sept. 5, 2022	Sept. 5, 2022 Complaint
29 1:22-cv-02287	Motion for Preliminary Injunction Chiles v. Salazar et al.	Sept. 22, 2022	Sept. 22, 2022 Pleading / Motion / Brief
45 1:22-cv-02287	Defendants’ Response In Opposition To Plaintiff’s Motion For Preliminary Injunction Chiles v. Salazar et al.	Nov. 3, 2022	Nov. 3, 2022 Pleading / Motion / Brief
55 1:22-cv-02287	Order Chiles v. Salazar et al.	Dec. 19, 2022	Dec. 19, 2022 Order/Opinion 2022 WL 17770837
31 22-01445	Brief of Appellant/Cross-Appellee Chiles v. Salazar et al. U.S. Court of Appeals for the Tenth Circuit	March 8, 2023	March 8, 2023 Pleading / Motion / Brief
78 22-01445	Appellees' Principal and Response Brief Chiles v. Salazar et al. U.S. Court of Appeals for the Tenth Circuit	May 1, 2023	May 1, 2023 Pleading / Motion / Brief
78 22-01445	Appellees' Principal and Response Brief Chiles v. Salazar et al. U.S. Court of Appeals for the Tenth Circuit	May 1, 2023	May 1, 2023 Pleading / Motion / Brief
187-1 22-01445	Appeal from the United States District Court U.S. Court of Appeals for the Tenth Circuit	Sept. 12, 2024	Sept. 12, 2024 Pleading / Motion / Brief 116 F.4th 1178
24-00539	Petition	Nov. 8, 2024	Nov. 8, 2024
24-00539	Certiorari to the United States Court of Appeals for the Tenth Circuit Supreme Court of the United States	March 31, 2026	March 31, 2026 Order/Opinion 2026 WL 872307

show / hide documents

Docket

See docket on RECAP: https://www.courtlistener.com/docket/65348873/chiles-v-salazar/

Last updated July 28, 2026, 6:22 p.m.

Docket for: Chiles v. Salazar

ECF Number	Date	Description	Link
1	Sept. 5, 2022	COMPLAINT against All Defendants (Filing fee $ 402,Receipt Number ACODC-8640599)Attorney Barry Kevin Arrington added to party Kaley Chiles(pty:pla), filed by Kaley Chiles.(Arrington, Barry) (Entered: 09/05/2022)	Clearinghouse
2	Sept. 5, 2022	SUMMONS REQUEST as to Patty Salazar by Plaintiff Kaley Chiles. (Arrington, Barry) (Entered: 09/05/2022)	RECAP
3	Sept. 5, 2022	SUMMONS REQUEST as to Reina Sbarbaro-Gordon by Plaintiff Kaley Chiles. (Arrington, Barry) (Entered: 09/05/2022)	RECAP
4	Sept. 5, 2022	SUMMONS REQUEST as to Jennifer Luttman by Plaintiff Kaley Chiles. (Arrington, Barry) (Entered: 09/05/2022)	RECAP
5	Sept. 5, 2022	SUMMONS REQUEST as to Amy Skinner by Plaintiff Kaley Chiles. (Arrington, Barry) (Entered: 09/05/2022)	RECAP
6	Sept. 5, 2022	SUMMONS REQUEST as to Karen Van Zuiden by Plaintiff Kaley Chiles. (Arrington, Barry) (Entered: 09/05/2022)	RECAP
7	Sept. 5, 2022	SUMMONS REQUEST as to Karykay Jimenez by Plaintiff Kaley Chiles. (Arrington, Barry) (Entered: 09/05/2022)	RECAP
8	Sept. 5, 2022	SUMMONS REQUEST as to Kalli Likness by Plaintiff Kaley Chiles. (Arrington, Barry) (Entered: 09/05/2022)	RECAP
9	Sept. 5, 2022	SUMMONS REQUEST as to Sue Noffsinger by Plaintiff Kaley Chiles. (Arrington, Barry) (Entered: 09/05/2022)	RECAP
10	Sept. 5, 2022	SUMMONS REQUEST as to Richard Glover by Plaintiff Kaley Chiles. (Arrington, Barry) (Entered: 09/05/2022)	RECAP
11	Sept. 5, 2022	SUMMONS REQUEST as to Erika Hoy by Plaintiff Kaley Chiles. (Arrington, Barry) (Entered: 09/05/2022)	RECAP
12	Sept. 5, 2022	SUMMONS REQUEST as to Kristina Daniel by Plaintiff Kaley Chiles. (Arrington, Barry) (Entered: 09/05/2022)	RECAP
13	Sept. 5, 2022	SUMMONS REQUEST as to Halcyon Driskell by Plaintiff Kaley Chiles. (Arrington, Barry) (Entered: 09/05/2022)	RECAP
14	Sept. 5, 2022	SUMMONS REQUEST as to Crystal Kisselburgh by Plaintiff Kaley Chiles. (Arrington, Barry) (Entered: 09/05/2022)	RECAP
15	Sept. 5, 2022	SUMMONS REQUEST as to Anjali Jones by Plaintiff Kaley Chiles. (Arrington, Barry) (Entered: 09/05/2022)	RECAP
16	Sept. 5, 2022	SUMMONS REQUEST as to Theresa Lopez by Plaintiff Kaley Chiles. (Arrington, Barry) (Entered: 09/05/2022)	RECAP
17	Sept. 5, 2022	SUMMONS REQUEST as to Jonathan Culwell by Plaintiff Kaley Chiles. (Arrington, Barry) (Entered: 09/05/2022)	RECAP
18	Sept. 6, 2022	Case assigned to Magistrate Judge Maritza Dominguez Braswell Text Only Entry (norlin, ) (Entered: 09/06/2022)	RECAP
19	Sept. 6, 2022	SUMMONS issued by Clerk. (Attachments: # 1 Summons, # 2 Summons, # 3 Summons, # 4 Summons, # 5 Summons, # 6 Summons, # 7 Summons, # 8 Summons, # 9 Summons, # 10 Summons, # 11 Summons, # 12 Summons, # 13 Summons, # 14 Summons, # 15 Summons, # 16 Magistrate Judge Consent Form) (norlin, ) (Entered: 09/06/2022) 1 Summons View on PACER 2 Summons View on PACER 3 Summons View on PACER 4 Summons View on PACER 5 Summons View on PACER 6 Summons View on PACER 7 Summons View on PACER 8 Summons View on PACER 9 Summons View on PACER 10 Summons View on PACER 11 Summons View on PACER 12 Summons View on PACER 13 Summons View on PACER 14 Summons View on PACER 15 Summons View on PACER 16 Magistrate Judge Consent Form View on PACER	RECAP
20	Sept. 7, 2022	SUMMONS REQUEST as to Anjali Jones by Plaintiff Kaley Chiles. (Arrington, Barry) (Entered: 09/07/2022)	RECAP
21	Sept. 8, 2022	SUMMONS issued by Clerk. (csarr, ) (Entered: 09/08/2022)	RECAP
22	Sept. 13, 2022	NOTICE of Entry of Appearance by Janna K. Fischer on behalf of Jonathan Culwell, Kristina Daniel, Halcyon Driskell, Richard Glover, Erika Hoy, Marykay Jimenez, Anjali Jones, Crystal Kisselburgh, Kalli Likness, Theresa Lopez, Jennifer Luttman, Sue Noffsinger, Patty Salazar, Reina Sbarbaro-Gordon, Amy Skinner, Karen Van ZuidenAttorney Janna K. Fischer added to party Jonathan Culwell(pty:dft), Attorney Janna K. Fischer added to party Kristina Daniel(pty:dft), Attorney Janna K. Fischer added to party Halcyon Driskell(pty:dft), Attorney Janna K. Fischer added to party Richard Glover(pty:dft), Attorney Janna K. Fischer added to party Erika Hoy(pty:dft), Attorney Janna K. Fischer added to party Marykay Jimenez(pty:dft), Attorney Janna K. Fischer added to party Anjali Jones(pty:dft), Attorney Janna K. Fischer added to party Crystal Kisselburgh(pty:dft), Attorney Janna K. Fischer added to party Kalli Likness(pty:dft), Attorney Janna K. Fischer added to party Theresa Lopez(pty:dft), Attorney Janna K. Fischer added to party Jennifer Luttman(pty:dft), Attorney Janna K. Fischer added to party Sue Noffsinger(pty:dft), Attorney Janna K. Fischer added to party Patty Salazar(pty:dft), Attorney Janna K. Fischer added to party Reina Sbarbaro-Gordon(pty:dft), Attorney Janna K. Fischer added to party Amy Skinner(pty:dft), Attorney Janna K. Fischer added to party Karen Van Zuiden(pty:dft) (Fischer, Janna) (Entered: 09/13/2022)	RECAP
23	Sept. 14, 2022	ORDER OF RECUSAL by Magistrate Judge Maritza Dominguez Braswell on September 14, 2022. Accordingly, it is ORDERED that I RECUSE myself from this case, pursuant to 28 U.S.C. § 455(a). It is further ORDERED that the Clerk of Court shall cause this case to be reassigned to another Magistrate Judge. (csarr, ) (Entered: 09/14/2022)	RECAP
24	Sept. 14, 2022	REASSIGNING MAGISTRATE JUDGE pursuant to 23 Order of Recusal. Case randomly drawn to Magistrate Judge Scott T. Varholak. All future pleadings should be designated as 22-cv-02287-STV.(Text Only Entry) (csarr, ) (Entered: 09/14/2022)	RECAP
25	Sept. 15, 2022	ORDER SETTING DEADLINE FOR FILING ELECTION CONCERNING CONSENT/NON-CONSENT TO MAGISTRATE JURISDICTION FORM AND SETTING SCHEDULING CONFERENCE by Magistrate Judge Scott T. Varholak on 15 September 2022. Consent Form due by 11/3/2022. Proposed Scheduling Order due 11/10/2022. Scheduling Conference set for 11/17/2022 09:00 AM in Courtroom A 402 before Magistrate Judge Scott T. Varholak. (cmadr, ) (Entered: 09/15/2022)	RECAP
26	Sept. 15, 2022	NOTICE of Entry of Appearance for Plaintiff Kaley Chiles by Shaun Pearman on behalf of All Plaintiffs Attorney Shaun Pearman added to party Kaley Chiles(pty:pla) (Pearman, Shaun) (Entered: 09/15/2022)	RECAP
27	Sept. 16, 2022	NOTICE of Entry of Appearance by Abby Lynn Chestnut on behalf of All Defendants Attorney Abby Lynn Chestnut added to party Jonathan Culwell(pty:dft), Attorney Abby Lynn Chestnut added to party Kristina Daniel(pty:dft), Attorney Abby Lynn Chestnut added to party Halcyon Driskell(pty:dft), Attorney Abby Lynn Chestnut added to party Richard Glover(pty:dft), Attorney Abby Lynn Chestnut added to party Erika Hoy(pty:dft), Attorney Abby Lynn Chestnut added to party Marykay Jimenez(pty:dft), Attorney Abby Lynn Chestnut added to party Anjali Jones(pty:dft), Attorney Abby Lynn Chestnut added to party Crystal Kisselburgh(pty:dft), Attorney Abby Lynn Chestnut added to party Kalli Likness(pty:dft), Attorney Abby Lynn Chestnut added to party Theresa Lopez(pty:dft), Attorney Abby Lynn Chestnut added to party Jennifer Luttman(pty:dft), Attorney Abby Lynn Chestnut added to party Sue Noffsinger(pty:dft), Attorney Abby Lynn Chestnut added to party Patty Salazar(pty:dft), Attorney Abby Lynn Chestnut added to party Reina Sbarbaro-Gordon(pty:dft), Attorney Abby Lynn Chestnut added to party Amy Skinner(pty:dft), Attorney Abby Lynn Chestnut added to party Karen Van Zuiden(pty:dft) (Chestnut, Abby) (Entered: 09/16/2022)	RECAP
28	Sept. 21, 2022	ENTRY OF APPEARANCE by Defendants Jonathan Culwell, Kristina Daniel, Halcyon Driskell, Richard Glover, Erika Hoy, Marykay Jimenez, Anjali Jones, Crystal Kisselburgh, Kalli Likness, Theresa Lopez, Jennifer Luttman, Sue Noffsinger, Patty Salazar, Reina Sbarbaro-Gordon, Amy Skinner, Karen Van Zuiden. (Finke, Robert) Modified to correct document title and to reflect this is NOT a motion, pursuant to STV Chambers on 9/22/2022 (cmadr, ). (Entered: 09/21/2022)	RECAP
29	Sept. 22, 2022	MOTION for Preliminary Injunction by Plaintiff Kaley Chiles. (Arrington, Barry) (Entered: 09/22/2022)	Clearinghouse
30	Sept. 23, 2022	MINUTE ORDER In light of the filing of 29 Plaintiffs Motion for Preliminary Injunction, the Clerk of Court is directed to reassign this matter to a District Judge. See D.C.COLO.LCivR 40.1(c)(2)(a). SO ORDERED, by Magistrate Judge Scott T. Varholak on 9/23/2022. Text Only Entry (stvlc4, ) (Entered: 09/23/2022)	RECAP
31	Sept. 23, 2022	CASE REASSIGNED pursuant to 30 Minute Order. Pursuant to Order or Memorandum. This case is randomly reassigned to Judge Robert E. Blackburn and drawn to Magistrate Judge Scott T. Varholak. All future pleadings should be designated as 22-cv-02287-REB. (Text Only Entry) (cmadr, ) (Entered: 09/23/2022)	RECAP
32	Sept. 23, 2022	MEMORANDUM RETURNING CASE by Senior Judge Blackburn. This case is randomly reassigned to Judge Charlotte N. Sweeney and drawn to Magistrate Judge Scott T. Varholak. All future pleadings should be designated as 22-cv-02287-CNS. (athom, ) (Entered: 09/23/2022)	RECAP
	Sept. 23, 2022	Minute Order
33	Sept. 26, 2022	ORDER REFERRING CASE to Magistrate Judge Scott T. Varholak for non-dispositive matters. Pursuant to 28 U.S.C. § 636(b)(1)(A) and (B) and Fed. R. Civ. P. 72(a) and (b), this case is referred to the assigned United States Magistrate Judge to (1) convene a scheduling conference under Fed. R. Civ. P. 16(b) and enter a scheduling order meeting the requirements of Local Civ. R. 16.2, (2) conduct such status conferences and issue such orders necessary for compliance with the scheduling order, including amendments or modifications of the scheduling order upon a showing of good cause, (3) hear and determine pretrial matters, including discovery and other non-dispositive motions, (4) pursuant to Local Civ. R. 16.6 and at the discretion of the Magistrate Judge, convene such early neutral evaluation and/or settlement conferences and direct related procedures as may facilitate resolution of this case without the necessity of a motion or prior authorization of the undersigned. By Judge Charlotte N. Sweeney on 9/26/2022. Text Only Entry (cnssec. ) (Entered: 09/26/2022)	RECAP
	Sept. 26, 2022	Order Referring Case to Magistrate Judge
34	Sept. 29, 2022	MOTION to Intervene by Intervenor Defendant One Colorado, Ltd.. (Attachments: # 1 Bridges Declaration)(Finger, Craig) (Entered: 09/29/2022) 1 Bridges Declaration View on PACER	RECAP
35	Sept. 30, 2022	NOTICE of Entry of Appearance by Asaf Orr on behalf of One Colorado, Ltd.Attorney Asaf Orr added to party One Colorado, Ltd.(pty:intvd) (Orr, Asaf) (Entered: 09/30/2022)	RECAP
36	Sept. 30, 2022	NOTICE of Entry of Appearance by Christopher F. Stoll on behalf of One Colorado, Ltd.Attorney Christopher F. Stoll added to party One Colorado, Ltd.(pty:intvd) (Stoll, Christopher) (Entered: 09/30/2022)	RECAP
37	Oct. 10, 2022	Unopposed MOTION for Extension of Time to by Defendants Jonathan Culwell, Kristina Daniel, Halcyon Driskell, Richard Glover, Erika Hoy, Marykay Jimenez, Anjali Jones, Crystal Kisselburgh, Kalli Likness, Theresa Lopez, Jennifer Luttman, Sue Noffsinger, Patty Salazar, Reina Sbarbaro-Gordon, Amy Skinner, Karen Van Zuiden. (Attachments: # 1 Proposed Order (PDF Only) [Proposed] Order Granting Unopposed Motion for Extension of Time)(Fischer, Janna) (Entered: 10/10/2022) 1 Proposed Order (PDF Only) [Proposed] Order Granting Unopposed Motion for Extensi View on PACER	RECAP
38	Oct. 13, 2022	ORDER granting 37 Unopposed MOTION for Extension of Time. The Defendants' response to the Plaintiff's Motion for Preliminary Injunction 29 is now due on or before 11/3/2022. By Judge Charlotte N. Sweeney on 10/13/2022. Text Only Entry(cnssec. ) (Entered: 10/13/2022)	RECAP
	Oct. 13, 2022	Order on Motion for Extension of Time to File
39	Oct. 14, 2022	NOTICE of Entry of Appearance by Brianna Susan Tancher on behalf of All Defendants Attorney Brianna Susan Tancher added to party Jonathan Culwell(pty:dft), Attorney Brianna Susan Tancher added to party Kristina Daniel(pty:dft), Attorney Brianna Susan Tancher added to party Halcyon Driskell(pty:dft), Attorney Brianna Susan Tancher added to party Richard Glover(pty:dft), Attorney Brianna Susan Tancher added to party Erika Hoy(pty:dft), Attorney Brianna Susan Tancher added to party Marykay Jimenez(pty:dft), Attorney Brianna Susan Tancher added to party Anjali Jones(pty:dft), Attorney Brianna Susan Tancher added to party Crystal Kisselburgh(pty:dft), Attorney Brianna Susan Tancher added to party Kalli Likness(pty:dft), Attorney Brianna Susan Tancher added to party Theresa Lopez(pty:dft), Attorney Brianna Susan Tancher added to party Jennifer Luttman(pty:dft), Attorney Brianna Susan Tancher added to party Sue Noffsinger(pty:dft), Attorney Brianna Susan Tancher added to party Patty Salazar(pty:dft), Attorney Brianna Susan Tancher added to party Reina Sbarbaro-Gordon(pty:dft), Attorney Brianna Susan Tancher added to party Amy Skinner(pty:dft), Attorney Brianna Susan Tancher added to party Karen Van Zuiden(pty:dft) (Tancher, Brianna) (Entered: 10/14/2022)	RECAP
40	Oct. 19, 2022	RESPONSE to 34 MOTION to Intervene filed by Plaintiff Kaley Chiles. (Arrington, Barry) (Entered: 10/19/2022)	RECAP
41	Oct. 28, 2022	REPLY to Response to 34 MOTION to Intervene filed by Intervenor Defendant One Colorado, Ltd.. (Finger, Craig) (Entered: 10/28/2022)	RECAP
42	Nov. 2, 2022	CONSENT to Jurisdiction of Magistrate Judge by Plaintiff Kaley Chiles All parties do not consent.. (Arrington, Barry) (Entered: 11/02/2022)	RECAP
43	Nov. 2, 2022	Proposed Scheduling Order by Plaintiff Kaley Chiles. (Arrington, Barry) (Entered: 11/02/2022)	RECAP
44	Nov. 3, 2022	RESPONSE to 29 MOTION for Preliminary Injunction filed by Intervenor Defendant One Colorado, Ltd.. (Attachments: # 1 Appendix A-Official Policy Position Statement)(Finger, Craig) (Entered: 11/03/2022) 1 Appendix A-Official Policy Position Statement View on PACER	RECAP
45	Nov. 3, 2022	RESPONSE to 29 MOTION for Preliminary Injunction filed by Defendants Jonathan Culwell, Kristina Daniel, Halcyon Driskell, Richard Glover, Erika Hoy, Marykay Jimenez, Anjali Jones, Crystal Kisselburgh, Kalli Likness, Theresa Lopez, Jennifer Luttman, Sue Noffsinger, Patty Salazar, Reina Sbarbaro-Gordon, Amy Skinner, Karen Van Zuiden. (Attachments: # 1 Declaration of Judith M. Glassgold, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C)(Tancher, Brianna) (Entered: 11/03/2022) 1 Declaration of Judith M. Glassgold View on RECAP 2 Exhibit A View on PACER 3 Exhibit B View on PACER 4 Exhibit C View on PACER	Clearinghouse
46	Nov. 7, 2022	Unopposed MOTION for Extension of Time to File Reply in Support of Motion for Preliminary Injunction by Plaintiff Kaley Chiles. (Attachments: # 1 Proposed Order (PDF Only))(Arrington, Barry) (Entered: 11/07/2022) 1 Proposed Order (PDF Only) View on PACER	RECAP
47	Nov. 7, 2022	ORDER granting 46 Unopposed MOTION for Extension of Time to File Reply in Support of Motion for Preliminary Injunction. The reply is now due by 12/1/2022. By Judge Charlotte N. Sweeney on 11/7/2022. Text Only Entry(cnssec. ) (Entered: 11/07/2022)	RECAP
	Nov. 7, 2022	Order on Motion for Extension of Time to File
48	Nov. 10, 2022	MINUTE ORDER This Matter is before the Court sua sponte. The Scheduling Conference set in this matter for 11/17/2022 is VACATED. The parties shall contact Magistrate Judge Varholak's chambers within ten (10) days of a ruling on 29 Motion for Preliminary Injunction to discuss dates to reset the scheduling conference. SO ORDERED, by Magistrate Judge Scott T. Varholak on 11/10/2022. Text Only Entry (stvlc4, ) (Entered: 11/10/2022)	RECAP
	Nov. 10, 2022	Minute Order
49	Nov. 30, 2022	REPLY to Response to 29 MOTION for Preliminary Injunction filed by Plaintiff Kaley Chiles. (Arrington, Barry) (Entered: 11/30/2022)	RECAP
50	Dec. 2, 2022	First MOTION for Leave to File Excess Pages by Defendants Jonathan Culwell, Kristina Daniel, Halcyon Driskell, Richard Glover, Erika Hoy, Marykay Jimenez, Anjali Jones, Crystal Kisselburgh, Kalli Likness, Theresa Lopez, Jennifer Luttman, Sue Noffsinger, Patty Salazar, Reina Sbarbaro-Gordon, Amy Skinner, Karen Van Zuiden. (Attachments: # 1 Proposed Order (PDF Only) Proposed Order for Request for Additional Pages)(Fischer, Janna) (Entered: 12/02/2022) 1 Proposed Order (PDF Only) Proposed Order for Request for Additional Pages View on PACER	RECAP
51	Dec. 2, 2022	ORDER granting 50 First MOTION for Leave to File Excess Pages. By Judge Charlotte N. Sweeney on 12/2/2022. Text Only Entry(cnssec.) (Entered: 12/02/2022)	RECAP
	Dec. 2, 2022	Order on Motion for Leave to File Excess Pages
52	Dec. 6, 2022	First MOTION to Dismiss Plaintiff's Complaint by Defendants Jonathan Culwell, Kristina Daniel, Halcyon Driskell, Richard Glover, Erika Hoy, Marykay Jimenez, Anjali Jones, Crystal Kisselburgh, Kalli Likness, Theresa Lopez, Jennifer Luttman, Sue Noffsinger, Patty Salazar, Reina Sbarbaro-Gordon, Amy Skinner, Karen Van Zuiden. (Attachments: # 1 Exhibit Declaration Reina Sbarbaro-Gordon)(Chestnut, Abby) (Entered: 12/06/2022) 1 Exhibit Declaration Reina Sbarbaro-Gordon View on RECAP	RECAP
53	Dec. 6, 2022	MOTION to Dismiss by Intervenor Defendant One Colorado, Ltd.. (Finger, Craig) (Entered: 12/06/2022)	RECAP
54	Dec. 19, 2022	ORDER denying 34 MOTION to Intervene by Intervenor Defendant One Colorado, Ltd and striking 53 MOTION to Dismiss by Intervenor Defendant One Colorado, Ltd. Before the Court is One Colorado, Ltd.'s ("One Colorado's") Motion for Permission to Intervene as a Defendant Pursuant to Federal Rule of Civil Procedure 24(b) (See ECF No. 34 ). After reviewing the Motion, related briefing, and relevant legal authority, the Court DENIES the Motion for Permission to Intervene. Exercising its discretion, the Court concludes that One Colorado's input does not add value to the existing litigation, and that One Colorado's interests are adequately represented by Defendants. See, e.g., Lower Arkansas Valley Water Conservancy Dist. v. United States, 252 F.R.D. 687, 69092 (D. Colo. 2008). Accordingly, the Court STRIKES One Colorado's Motion to Dismiss (ECF No. 53 ). By Judge Charlotte N. Sweeney on 12/19/2022. Text Only Entry(cnssec.) (Entered: 12/19/2022)	RECAP
55	Dec. 19, 2022	ORDER denying 29 Motion for Preliminary Injunction by Judge Charlotte N. Sweeney on 12/19/22.(jdyne) (Entered: 12/19/2022)	Clearinghouse
	Dec. 19, 2022	Order on Motion to Dismiss AND Order on Motion to Intervene
	Dec. 19, 2022	Order on Motion to Intervene AND Order on Motion to Dismiss
56	Dec. 20, 2022	NOTICE OF APPEAL as to 55 Order on Motion for Preliminary Injunction by Plaintiff Kaley Chiles (Filing fee $ 505, Receipt Number ACODC-8840394) (Arrington, Barry) (Entered: 12/20/2022)	RECAP
57	Dec. 21, 2022	LETTER Transmitting Notice of Appeal to all counsel advising of the transmittal of the 56 Notice of Appeal filed by Kaley Chiles to the U.S. Court of Appeals. ( Retained Counsel, Fee paid,) (Attachments: # 1 Preliminary Record, # 2 Docket Sheet)(sphil, ) (Entered: 12/21/2022) 1 Preliminary Record View on PACER 2 Docket Sheet View on PACER	RECAP
60	Dec. 21, 2022	USCA Case Number 22-1445 for 56 Notice of Appeal filed by Kaley Chiles. (sphil, ) (Entered: 12/22/2022)	RECAP
58	Dec. 22, 2022	MOTION for Extension of Time to File Response/Reply as to 52 First MOTION to Dismiss Plaintiff's Complaint by Plaintiff Kaley Chiles. (Attachments: # 1 Proposed Order (PDF Only))(Arrington, Barry) (Entered: 12/22/2022) 1 Proposed Order (PDF Only) View on PACER	RECAP
59	Dec. 22, 2022	ORDER granting 58 Unopposed Motion for Extension of Time to File Response as to 52 First MOTION to Dismiss Plaintiff's Complaint. The response is now due on or before 1/3/2023. By Judge Charlotte N. Sweeney on 12/22/2022.Text Only Entry(cnssec.) (Entered: 12/22/2022)	RECAP
	Dec. 22, 2022	Order on Motion for Extension of Time to File Response/Reply
61	Dec. 23, 2022	MINUTE ORDER: Pursuant to Judge Sweeney's 59 December 22, 2022 Order and communication from the parties, this Court's 48 November 10, 2022 Order is AMENDED as follows: The parties shall contact Magistrate Judge Varholak's chambers within ten (10) days of a ruling on 52 Motion to Dismiss to discuss dates to reset the scheduling conference, if claims remain. SO ORDERED, by Magistrate Judge Scott T. Varholak on 12/23/22. Text Only Entry (stvlc3, Andrew) (Entered: 12/23/2022)	RECAP
	Dec. 23, 2022	Minute Order
62	Dec. 30, 2022	TRANSCRIPT ORDER FORM re 56 Notice of Appeal by Plaintiff Kaley Chiles (Arrington, Barry) (Entered: 12/30/2022)	RECAP
63	Jan. 2, 2023	LETTER TO USCA and all counsel certifying the record is complete as to 56 Notice of Appeal filed by Kaley Chiles. A transcript order form was filed stating that a transcript is not necessary. ( Appeal No. 22-1445) Text Only Entry (sphil, ) (Entered: 01/02/2023)	RECAP
64	Jan. 3, 2023	RESPONSE to 52 First MOTION to Dismiss Plaintiff's Complaint filed by Plaintiff Kaley Chiles. (Attachments: # 1 Exhibit A)(Arrington, Barry) (Entered: 01/03/2023) 1 Exhibit A View on RECAP	RECAP
65	Jan. 3, 2023	NOTICE OF APPEAL as to 55 Order on Motion for Preliminary Injunction by Defendants Jonathan Culwell, Kristina Daniel, Halcyon Driskell, Richard Glover, Erika Hoy, Marykay Jimenez, Anjali Jones, Crystal Kisselburgh, Kalli Likness, Theresa Lopez, Jennifer Luttman, Sue Noffsinger, Patty Salazar, Reina Sbarbaro-Gordon, Amy Skinner, Karen Van Zuiden (Filing fee $ 505, Receipt Number ACODC-8862852) (Fischer, Janna) (Entered: 01/03/2023)	RECAP
66	Jan. 3, 2023	NOTICE of Entry of Appearance by Janna K. Fischer on behalf of Jonathan Culwell, Kristina Daniel, Halcyon Driskell, Richard Glover, Erika Hoy, Marykay Jimenez, Anjali Jones, Crystal Kisselburgh, Kalli Likness, Theresa Lopez, Jennifer Luttman, Sue Noffsinger, Patty Salazar, Reina Sbarbaro-Gordon, Amy Skinner, Karen Van Zuiden (Fischer, Janna) (Entered: 01/03/2023)	RECAP
67	Jan. 4, 2023	LETTER Transmitting Notice of Cross-Appeal to all counsel advising of the transmittal of the 65 Notice of Appeal, filed by Reina Sbarbaro-Gordon, Theresa Lopez, Anjali Jones, Sue Noffsinger, Jennifer Luttman, Kristina Daniel, Halcyon Driskell, Karen Van Zuiden, Jonathan Culwell, Patty Salazar, Amy Skinner, Crystal Kisselburgh, Marykay Jimenez, Erika Hoy, Richard Glover, Kalli Likness to the U.S. Court of Appeals. ( Retained Counsel, Fee paid,) (Attachments: # 1 Preliminary Record, # 2 Docket Sheet)(sphil, ) (Entered: 01/04/2023) 1 Preliminary Record View on PACER 2 Docket Sheet View on PACER	RECAP
68	Jan. 4, 2023	USCA Case Number 23-1002 for 65 Notice of Appeal, filed by Reina Sbarbaro-Gordon, Theresa Lopez, Anjali Jones, Sue Noffsinger, Jennifer Luttman, Kristina Daniel, Halcyon Driskell, Karen Van Zuiden, Jonathan Culwell, Patty Salazar, Amy Skinner, Crystal Kisselburgh, Marykay Jimenez, Erika Hoy, Richard Glover, Kalli Likness. (sphil, ) (Entered: 01/05/2023)	RECAP
69	Jan. 9, 2023	NOTICE of Entry of Appearance by John J. Bursch on behalf of Kaley ChilesAttorney John J. Bursch added to party Kaley Chiles(pty:pla) (Bursch, John) (Entered: 01/09/2023)	RECAP
70	Jan. 17, 2023	REPLY to Response to 52 First MOTION to Dismiss Plaintiff's Complaint filed by Defendants Jonathan Culwell, Kristina Daniel, Halcyon Driskell, Richard Glover, Erika Hoy, Marykay Jimenez, Anjali Jones, Crystal Kisselburgh, Kalli Likness, Theresa Lopez, Jennifer Luttman, Sue Noffsinger, Patty Salazar, Reina Sbarbaro-Gordon, Amy Skinner, Karen Van Zuiden. (Fischer, Janna) (Entered: 01/17/2023)	RECAP
71	Jan. 26, 2023	TRANSCRIPT ORDER FORM re 65 Notice of Appeal, by Defendants Jonathan Culwell, Kristina Daniel, Halcyon Driskell, Richard Glover, Erika Hoy, Marykay Jimenez, Anjali Jones, Crystal Kisselburgh, Kalli Likness, Theresa Lopez, Jennifer Luttman, Sue Noffsinger, Patty Salazar, Reina Sbarbaro-Gordon, Amy Skinner, Karen Van Zuiden (Miyata, Bianca) (Entered: 01/26/2023)	RECAP
72	Jan. 27, 2023	LETTER TO USCA and all counsel certifying the record is complete as to 65 Notice of Appeal, filed by Reina Sbarbaro-Gordon, Theresa Lopez, Anjali Jones, Sue Noffsinger, Jennifer Luttman, Kristina Daniel, Halcyon Driskell, Karen Van Zuiden, Jonathan Culwell, Patty Salazar, Amy Skinner, Crystal Kisselburgh, Marykay Jimenez, Erika Hoy, Richard Glover, Kalli Likness. A transcript order form was filed stating that a transcript is not necessary. ( Appeal No. 23-1002) Text Only Entry. (sphil, ) (Entered: 01/27/2023)	RECAP
73	Sept. 13, 2024	USCA Judgment as to 65 Notice of Appeal, filed by Theresa Lopez, et al, 56 Notice of Appeal filed by Kaley Chiles : (USCA Case No. 22-1445, 23-1002). The judgment of that court is AFFIRMED. (This document is not the Mandate) (Attachments: # 1 USCA Opinion)(sphil, ) (Entered: 09/13/2024)	RECAP
74	Sept. 30, 2024	MOTION to Stay Pending Supreme Court Review by Plaintiff Kaley Chiles. (Arrington, Barry) (Entered: 09/30/2024)	RECAP
75	Oct. 3, 2024	NOTICE of Substitution of Parties by Defendants Jonathan Culwell, Kristina Daniel, Halcyon Driskell, Richard Glover, Erika Hoy, Marykay Jimenez, Anjali Jones, Crystal Kisselburgh, Kalli Likness, Theresa Lopez, Jennifer Luttman, Sue Noffsinger, Patty Salazar, Reina Sbarbaro-Gordon, Amy Skinner, Karen Van Zuiden (Tancher, Brianna) (Entered: 10/03/2024)	RECAP
76	Oct. 3, 2024	RESPONSE to 74 MOTION to Stay Pending Supreme Court Review filed by Defendants Jonathan Culwell, Kristina Daniel, Halcyon Driskell, Richard Glover, Erika Hoy, Marykay Jimenez, Anjali Jones, Crystal Kisselburgh, Kalli Likness, Theresa Lopez, Jennifer Luttman, Sue Noffsinger, Patty Salazar, Reina Sbarbaro-Gordon, Amy Skinner, Karen Van Zuiden. (Tancher, Brianna) (Entered: 10/03/2024)	RECAP
77	Oct. 4, 2024	MANDATE of USCA as to 65 Notice of Appeal, filed by Theresa Lopez, et al, 73 USCA Order/Opinion/Judgment. (USCA Case No. 22-1445, 23-1002) (sphil, ) (Entered: 10/04/2024)	RECAP
78	Oct. 8, 2024	REPLY to Response to 74 MOTION to Stay Pending Supreme Court Review filed by Plaintiff Kaley Chiles. (Arrington, Barry) (Entered: 10/08/2024)	RECAP
79	Oct. 8, 2024	ORDER OF RECUSAL by Judge Charlotte N. Sweeney on 10/8/2024. (sphil, ) (Entered: 10/08/2024)	RECAP
80	Oct. 8, 2024	CASE REASSIGNED. Pursuant to 79 Order of Recusal, this case is randomly reassigned to District Judge Gordon P. Gallagher and drawn to Magistrate Judge Scott T. Varholak. All future pleadings should be designated as 22-cv-02287-GPG-STV. (Text Only Entry) (sphil, ) (Entered: 10/08/2024)	RECAP
81	Oct. 9, 2024	ORDER by District Judge Gordon P Gallagher on 10/9/2024. The Court GRANTS the requested stay in minor-part (staying the matter for thirty days or until resolution of a new motion to stay) and DENIES the requested stay in large-part WITHOUT PREJUDICE for the following reasons. ORDERED the matter is STAYED for 30 days or until determination of a motion to stay, whichever comes first.The parties SHALL fully confer as to the need and benefit(s) of proceeding on the merits of this action at this time and SHALL file an update with the Court or, in the alternative, a contested motion to stay, within 30 days.(sphil, ) (Entered: 10/10/2024)	RECAP
82	Nov. 8, 2024	Renewed MOTION to Stay by Plaintiff Kaley Chiles. (Attachments: # 1 Exhibit A)(Arrington, Barry) (Entered: 11/08/2024)	RECAP
83	Nov. 12, 2024	ORDER granting 82 Motion to Stay. The brief stay of this action is continued pending conclusion of litigation regarding the stay. So Ordered. By District Judge Gordon P Gallagher on November 12, 2024. Text Only Entry. (gpglc3) (Entered: 11/12/2024)	RECAP
	Nov. 12, 2024	Order on Motion to Stay
84	Nov. 13, 2024	Letter from U.S. Supreme Court regarding Petition for Writ of Certiorari re 65 Notice of Appeal, ; assigned Supreme Court No. 24-539 ( Appeal No. 22-1445, 23-1002). petition for a writ of certiorari in the above entitled case was filed on November 8, 2024 and placed on the docket November 13, 2024 as No. 24-539. (sphil, ) (Entered: 11/15/2024)	RECAP
85	Nov. 27, 2024	RESPONSE to 82 Renewed MOTION to Stay by Defendants Richard Glover, Erika Hoy, Kristina Daniel, Halcyon Driskell, Crystal Kisselburgh, Anjali Jones, Theresa Lopez, Jonathan Culwell, Patty Salazar, Reina Sbarbaro-Gordon, Jennifer Luttman, Amy Skinner, Karen Van Zuiden, Marykay Jimenez, Kalli Likness, Sue Noffsinger. (Tancher, Brianna) (Entered: 11/27/2024)	RECAP
86	Dec. 3, 2024	ORDER by District Judge Gordon P Gallagher on 12/3/2024. The Parties dispute the proper procedure for shelving this case pending determination as to whether the United States Supreme court will grant certiorari. This procedural dispute is really much of a muchness. In an expansive Order, The Tenth Circuit Court of Appeals has already upheld this Courts determination (in the preliminary injunction posture) that Plaintiff is unlikely to prevail on the merits of the action. Thus, the statute at issue remains in effect. There is currently nothing that needs to be done in this action at the District Court level. Therefore, this Court finds it most expeditious to Administratively Close this action pending a certiorari determination. It is therefore Ordered that the motion to stay is MOOT. Should it become appropriate, the pending Motion to Dismiss, Response, and Reply may be refiled without additional briefing so that the administrative closure does not result in additional expense to the parties. The parties SHALL jointly update this Court as to pending proceedings no less than once every 180 days and the Court Orders this action administratively closed. Text Only Entry (sphil, ) (Entered: 12/03/2024)	RECAP
	Dec. 3, 2024	Order AND ~Util - Set/Clear Flags AND ~Util - Terminate Civil Case
87	Dec. 10, 2024	ORDER by District Judge Gordon P Gallagher on 12/10/2024, re: 52 Motion to Dismiss. The Court Orders that due to the administrative closure of this case, the motion to dismiss is DENIED without prejudice, with leave to refile if/when the case is re-opened. Text Only Entry(sphil, ) (Entered: 12/10/2024)	RECAP
	Dec. 10, 2024	Order on Motion to Dismiss

show / hide docket entries

Case Details

State / Territory:

Colorado

Case Type(s):

Speech and Religious Freedom

Mental Health (Facility)

Key Dates

Filing Date: Sept. 5, 2022

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

Plaintiff is licensed with the State of Colorado to practice as a Licensed Professional Counselor and a Licensed Addiction Counselor and offers mental health therapeutic services through such licensure.

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

Alliance Defending Freedom

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

State

Patty Salazar

State Board of Addiction Counselor Examiners