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CURIOUS THEATER v. DEPT. OF PUBLIC HEALTH

No. 06CA2260.

216 P.3d 71 (2008)

CURIOUS THEATER COMPANY, a Colorado non-profit company; Paragon Theatre, a Colorado non-profit company; and Theatre 13, Inc., a Colorado non-profit company, Plaintiffs-Appellants, v. COLORADO DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT; and Dennis E. Ellis, Executive Director, Defendants-Appellees.

Colorado Court of Appeals, Div. II.

March 20, 2008.

Attorney(s) appearing for the Case

Holland & Hart, LLP, A. Bruce Jones, Daniel R. Pabon, Denver, Colorado, for Plaintiffs-Appellants.

John W. Suthers, Attorney General, Robert C. Douglas, Jr., First Assistant Attorney General, Alisa Campbell, Assistant Attorney General, Lisa Brenner Freimann, Assistant Attorney General, Denver, Colorado, for Defendants-Appellees.

Levine, Sullivan, Koch, & Schulz, LLP, Steven D. Zansberg, Denver, Colorado; Davis, Wright, Tremaine, L.L.P., Bruce E.H. Johnson, John Sherman, Seattle, Washington, for Amicus Curiae Theatre Communications Group.

Opinion by Judge BERNARD.

Plaintiffs, Curious Theatre Company, Paragon Theatre, and Theatre 13, Inc. (collectively, the Theaters), appeal the judgment denying their request for a preliminary injunction and a declaratory judgment against the enforcement of the Colorado Clean Indoor Air Act, sections 25-14-201 to -209, C.R.S.2007 (the Smoking Ban), by the Colorado Department of Health and Environment and its Executive Director...

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