COALITION FOR EQUAL RIGHTS, INC. v. RITTER

No. 06-1511.

517 F.3d 1195 (2008)

COALITION FOR EQUAL RIGHTS, INC., a Colorado corporation; Shari Warren, doing business as Spirit Keeper, Plaintiffs-Appellants, v. Bill RITTER, Jr., Governor, State of Colorado; John Suthers, Colorado Attorney General; Donald Mares, Executive Director, Colorado Department of Labor and Employment, Peter Weir, Executive Director, Colorado Department of Public Safety, James Martin, Executive Director, Colorado Department of Public Health and Environment, Cary Kennedy, Colorado State Treasurer, all in their official capacities; Scott William Storey, in his official capacity as District Attorney, First Judicial District; Michael Richard Morrissey, in his official capacity as District Attorney, Second Judicial District; Lee Allen Hawke, in his official capacity as District Attorney, Third Judicial District; John R. Newsome, in his official capacity as District Attorney, Fourth Judicial District; Mark D. Hurlbert, in his official capacity as District Attorney, Fifth Judicial District; Craig Stephen Westberg, in his official capacity as District Attorney, Sixth Judicial District; Myrl Serra, in his official capacity as District Attorney, Seventh Judicial District; Larry R. Abrahamson, in his official capacity as District Attorney, Eighth Judicial District; Martin Beeson, in his official capacity as District Attorney, Ninth Judicial District; William Thiebaut, Jr., in his official capacity as District Attorney, Tenth Judicial District; Molly K. Chilson, in her official capacity as District Attorney, Eleventh Judicial District; Peter L. Comar, in his official capacity as District Attorney, Twelfth Judicial District; Robert E. Watson, in his official capacity as District Attorney, Thirteenth Judicial District; Bonnie S. Roesink, in her official capacity as District Attorney, Fourteenth Judicial District; Michael John Davidson, in his official capacity as District Attorney, Fifteenth Judicial District; Rodney Dann Fouracre, in his official capacity as District Attorney, Sixteenth Judicial District; Donald Spence Quick, in his official capacity as District Attorney, Seventeenth Judicial District; Carol A. Chambers, in her official capacity as District Attorney, Eighteenth Judicial District; Kenneth R. Buck, in his official capacity as District Attorney, Nineteenth Judicial District; Mary T. Lacy, in her official capacity as District Attorney, Twentieth Judicial District; Peter G. Hauziner, in his official capacity as District Attorney, Twenty-First Judicial District; James W. Wilson, in his official capacity as District Attorney, Twenty-Second Judicial District; and the State of Colorado, Defendants-Appellees.

United States Court of Appeals, Tenth Circuit.

January 29, 2008.


Attorney(s) appearing for the Case

Joel M. Specter (Joseph F. Becker and William Perry Pendley on the briefs), Mountain States Legal Foundation, Lakewood, CO, for Plaintiffs-Appellants.

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.

Before BRISCOE, EBEL and MURPHY, Circuit Judges.


BRISCOE, Circuit Judge.

Plaintiffs Coalition for Equal Rights, Inc. (Coalition) and Shari Warren, d/b/a Spirit Keeper, appeal from the district court's grant of summary judgment in favor of the Governor of the State of Colorado and other Colorado state officials on plaintiffs' claims challenging the constitutionality of Colorado's Clean Indoor Air Act. We exercise jurisdiction pursuant to 28 U.S.C. § 1291 and affirm.

I.

The Colorado Clean...

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