WARE v. CITY AND COUNTY OF DENVER

No. C-283.

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511 P.2d 475 (1973)

Kenneth WARE, Petitioner-Appellant, v. The CITY AND COUNTY OF DENVER, Respondent-Appellee.

Supreme Court of Colorado, En Banc.https://leagle.com/images/logo.png

July 2, 1973.

Attorney(s) appearing for the Case

Gerald A. Gerash, Daniel Bremer, Denver, for petitioner-appellant.

Max P. Zall, City Atty., Lloyd K. Shinsato, Heinz Kroeger, Asst. City Attys., Denver, for respondent-appellee.

GROVES, Justice.

The defendant was convicted in the county court for uttering the words "fuck you" in violation of a city ordinance. The ordinance provided that:

"It shall be unlawful for any person to disturb or tend to disturb the peace of others by . . . offensive language, calculated to provoke a breach of the peace . . . . "

The Superior Court affirmed. We reverse for the reason that the ordinance was unconstitutionally applied. We do not here...

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