TIMM v. REITZ

No. 00CA1698.

39 P.3d 1252 (2001)

Gregory W. TIMM and Cynthia J. Timm, Plaintiffs-Appellants, v. David REITZ, in his official capacity as Director of the Colorado Department of Revenue Division of Racing; and Irving S. Hook, W. Gale Davey, Michael B. Johnson, Gene Naugle, and Arnold L. Mackley, in their official capacities as members of the Colorado Racing Commission, Defendants-Appellees.

Colorado Court of Appeals, Div. V.

December 6, 2001.


Attorney(s) appearing for the Case

Jacobs Chase Frick Kleinkopf & Kelly, LLC, John R. Webb; Holme Roberts & Owen, LLP, Sherri Keckel Kulmann, John C. Lowrie; American Civil Liberties Union, Mark Silverstein, Simon Mole, Denver, CO, for Plaintiffs-Appellants.

Ken Salazar, Attorney General, Robert H. Dodd, Jr., Assistant Attorney General, Denver, CO, for Defendants-Appellees.


Opinion by Judge CASEBOLT.

In this action challenging the constitutionality of a state regulation mandating random, suspicionless drug testing of licensed dog trainers in the greyhound racing industry, plaintiffs, Gary W. Timm and Cynthia J. Timm, appeal the summary judgment in favor of defendants, David Reitz, the Director of the Colorado Department of Revenue Division of Racing Events (division), and Irving S. Hook, W....

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