CURIOUS THEATRE COMPANY, a Colorado non-profit corporation; Paragon Theatre, a Colorado non-profit corporation; and Theatre13, Inc., a Colorado non-profit corporation, Petitioners
v.
COLORADO DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT and James Martin, its Executive Director, Respondents.
Supreme Court of Colorado, En Banc.https://leagle.com/images/logo.png
December 14, 2009.
December 14, 2009.
Attorney(s) appearing for the Case
A. Bruce Jones, Stephen G. Masciocchi, Daniel R. Pabon, Holland and Hart L.L.P., Denver, Colorado, Attorneys for Petitioners.
James W. Hubbell, Kelly Garnsey Hubbell & Lass L.L.C., Denver, Colorado, Attorneys for Amicus Curiae The Thomas Jefferson Center for the Protection of Free Expression.
John W. Suthers, Attorney General, Daniel D. Domenico, Solicitor General, Robert C. Douglas, First Assistant Attorney General, Lisa Brenner Freimann, Assistant Attorney General, Josh Urquhart, Assistant Attorney General, Denver, Colorado, Attorneys for Respondents.
Edward T. Ramey, Isaacson Rosenbaum P.C., Denver, Colorado, Attorneys for the Dramatists Guild of America and the National Coalition Against Censorship.
Adam M. Platt, Steven D. Zansberg, Levine Sullivan Koch & Schulz, L.L.P., Denver, Colorado, Bruce E.H. Johnson, Noelle H. Kvasnosky, Davis Wright Tremaine L.L.P., Seattle, Washington, Attorneys for Amicus Curiae Theatre Communications Group.
Christopher P. Beall, Levine Sullivan Koch & Schultz, L.L.P., Denver, Colorado, Mark Silverstein, ACLU Foundation of Colorado, Denver, Colorado, Attorneys for Amicus Curiae American Civil Liberties Union of Colorado.
John R. Mann, Kennedy Childs & Fogg P.C., Denver, Colorado, Kurt S. Lewis, Lewis Law Firm, L.L.C., Denver, Colorado, Attorneys for Amicus Curiae Crossroads Theater at Five Points, L.L.C.
Supreme Court of Colorado, En Banc.
Justice COATS delivered the Opinion of the Court.
The non-profit theaters that were plaintiffs below petitioned for review of the court of appeals' judgment affirming the denial of their motion for preliminary injunction. See Curious Theater Co. v. Colo. Dep't of Pub. Health & Env't,216 P.3d 71 (Colo.App.2008). Their action against the Colorado Department of Public Health and Environment seeks both a judgment declaring...
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