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AMERICAN COUNCIL OF THE BLIND v. ROMER

No. 90-1365.

962 F.2d 1501 (1992)

AMERICAN COUNCIL OF THE BLIND OF COLORADO, INC., a Colorado nonprofit corporation; Rocky Mountain Federation of Handicapped Athletes, a Division of Pegasus Foundation, Inc., a Colorado non-profit corporation, Plaintiffs-Appellants, v. Roy ROMER, Governor, State of Colorado; Duane Woodard, Attorney General, State of Colorado; Norman S. Early, Jr., District Attorney for the Second Judicial District, State of Colorado, Defendants-Appellees.

United States Court of Appeals, Tenth Circuit.

May 5, 1992.

Attorney(s) appearing for the Case

Robert C. Moest of Fleishman, Fisher & Moest, Los Angeles, Cal. (Barry A. Fisher, Los Angeles, Cal., and Edwin S. Kahn, Denver, Colo., with him on the brief), for plaintiffs-appellants.

Nathan B. Coats, Chief Appellate Deputy Dist. Atty., Denver District Attorney's Office (Larry Tannenbaum, Asst. Atty. Gen., Colorado Atty. General's Office, with him on the brief), Denver, Colo., for defendants-appellees.

Before LOGAN and BRORBY, Circuit Judges, and DAUGHERTY, District Judge.

DAUGHERTY, District Judge.*

The Plaintiffs-Appellants appeal from a denial of their Motion for Attorneys Fees pursuant to 42 U.S.C. § 1988. The Appellants had filed suit under 42 U.S.C. § 1983 in June, 1988, challenging the constitutionality of the Colorado Charitable Solicitations Act, which was to become effective on July 1, 1988. In that suit, the Plaintiffs alleged that the Act unconstitutionally discriminated against new...

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