Nancy Boldt

In 2018, American Fork Officer Jay Christensen ordered Nancy Boldt’s nonprofit, Canary Garden, to stop operating Joshy’s House of Hope without a business license and later cited her, according to her federal complaint.

The complaint alleges that the citation came without a fix-it notice: Boldt said she had never received a fix-it notice, and Christensen allegedly acknowledged that he should have given her a 14-day fix-it notice but dismissed its importance, saying he doubted she would have corrected the issue. Boldt maintained that City staff had told her the nonprofit could operate without a license.

According to the complaint, Christensen’s body camera captured only 7 minutes and 17 seconds of their approximately 45-minute interaction on October 9, 2018. The complaint alleges that he turned off the camera when Boldt opened her car door to retrieve her driver’s license, leaving the remainder of the interaction unrecorded. It further alleges that, after turning off the camera, he told her she faced a year in jail and cited her for a Class B misdemeanor despite Canary Garden having complied with his order to stop its meetings.

Boldt maintained that the organization’s charitable activities were exempt from the licensing requirement. Her criminal charge was dismissed with prejudice, as recounted in the federal court’s December 2021 order.

Boldt and Canary Garden later sued, alleging that the enforcement targeted them after they announced plans to offer support and suicide-prevention services to the LGBTQ+ community.

The court dismissed some claims but allowed the federal and state due-process claims to proceed. In addressing the state claim, the court explained that business licensing involves a property interest protected by due process. The parties later agreed to dismiss the case, and the court dismissed it with prejudice on April 24, 2023. The case ended without a trial or a finding that the alleged discrimination occurred.

Here are the officers who were involved in the encounter. Click their profile links below:

PACER court docket: The filing history for the lawsuit, from its November 19, 2020 filing through the dismissal with prejudice entered on April 24, 2023.

Federal complaint: Boldt and Canary Garden allege malicious and retaliatory prosecution and other constitutional violations after she was cited for operating without a business license. These are allegations, not court findings.

Order on the motion to dismiss: The court dismissed some claims while allowing others to continue. The order also dismissed the American Fork Police Department as a separate defendant.

Stipulated motion for dismissal: The parties jointly asked the court to dismiss the case with prejudice.

Final dismissal order: The court granted the stipulated motion, dismissed the case with prejudice, and closed it on April 24, 2023.

Civil cover sheet: The basic filing information submitted when the federal lawsuit was opened.

KSL.com: A 2017 feature about Nancy Boldt and her husband opening Joshy’s House of Hope to support grieving families.