Counselors in Kansas City, Jackson Co. ask 8th Circuit to uphold freedom of speech with clients
ADF client Wyatt Bury

Counselors in Kansas City, Jackson Co. ask 8th Circuit to uphold freedom of speech with clients

ADF attorneys will be available for media interviews following hearing Thursday

Wednesday, May 13, 2026

WHO:  Alliance Defending Freedom attorneys

WHAT: Available for media interviews following hearing in Wyatt Bury v. City of Kansas City

WHEN:  Immediately following hearing, which begins at 9 a.m. CDT, Thurs., May 14

WHERE:  U.S. Court of Appeals for the 8th Circuit, 111 S. 18th Plaza, Omaha, Roman L. Hruska Federal Courthouse, Court of Appeals Courtroom, 4th Floor. To schedule an interview, contact ADF Media Relations Manager Hattie Troutman at (771) 200-7630.

OMAHA, Neb. – Alliance Defending Freedom attorneys representing two licensed counselors in Kansas City and Jackson County will be available for media interviews Thursday following a hearing before the U.S. Court of Appeals for the 8th Circuit in Omaha in Wyatt Bury v. City of Kansas City.

Wyatt Bury and Pamela Eisenrich are challenging ordinances in Kansas City and Jackson County that violate their freedom of speech by censoring them from having voluntary conversations with their clients about views on gender identity and sexuality that those governments disfavor. A separate Kansas City ordinance also compels and restricts their speech with clients and the public. The ordinances threaten the counselors with fines and even jailtime.

ADF is appealing a July 2025 decision from the U.S. District Court for the Western District of Missouri partially upholding the ordinances as applied to the counselors.

“Free speech is for everyone. But Kansas City and Jackson County have singled out certain views they don’t like for disfavored treatment. Their ordinances allow counselors to push kids down the dangerous path of gender transition, often leading to harmful drugs and surgeries. But they forbid counselors like Wyatt and Pamela from talking with kids to help them accept their bodies—even when that is the client’s express goal or the reason they seek the counselors’ advice,” said ADF Senior Counsel Bryan Neihart.

“Another Kansas City ordinance forces Wyatt and Pamela to promote views on marriage, identity, and sexuality that contradict their religious beliefs,” Neihart added. “We are hopeful the court will uphold counselors’ freedom of speech and the freedom of families and young people to pursue counselors of their choice.”

This case is comparable to two other Supreme Court cases that ADF has recently won. In Chiles v. Salazar, the court affirmed that counseling conversations are speech and that governments cannot silence viewpoints in the counseling room. In 303 Creative v. Elenis, the court reaffirmed that governments cannot misuse laws to force Americans to say things they don’t believe under the threat of punishment.

Mike Whitehead and Jonathan Whitehead, two of more than 5,200 attorneys in the ADF Attorney Network, are serving as local counsel on behalf of the counselors.

  • Pronunciation guide: Neihart (NYE’-hart)

Alliance Defending Freedom is an alliance-building, non-profit legal organization committed to protecting religious freedom, free speech, parental rights, and the sanctity of life.

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