United States Tenth Circuit
Coalition for Equal Rights, Inc. v. Ritter, 06-1511
In an action challenging the constitutionality of Colorado's Clean Indoor Air Act (CCIA), summary judgment for the Colorado's governor and other state officials is affirmed where the Colorado legislature, by exempting airport smoking concessions from the CCIA's ban on indoor smoking, rationally distinguished those concessions from the majority of other indoor facilities in the state that are open to the public, including the establishments owned, operated, and/or serviced by plaintiffs.
Appellate Information
- Decided 01/29/2008
- Published 01/30/2008
Judges
- BRISCOE, Circuit Judge., Before BRISCOE, EBEL and MURPHY, Circuit Judges.
Court
- United States Tenth Circuit
Counsel
- For Appellant:
- Joel M. Specter (Joseph F. Becker and William Perry Pendley on the briefs), Mountain States Legal Foundation, Lakewood, CO, for Plaintiffs-Appellants.
- For Appellees:
- Jason R. Dunn, Colorado Deputy Attorney General, Denver, CO, [attorney for State Defendants] (Henry Richard Reeve, Deputy District Attorney, Second Judicial District, Denver, CO, [attorney for District Attorneys except William Thiebaut, Jr.], with him on the brief), for Defendant-Appellees.