Sonya DIAS; Hilary Engel; and Sheryl White, individually and on behalf of all persons similarly situated, Plaintiffs-Appellants,
v.
The CITY AND COUNTY OF DENVER; John W. Hickenlooper, individually and in his official capacity; Nancy Severson, individually and in her official capacity; Doug Kelly, individually and in his official capacity; and Juan Zalasar, individually and in his official capacity, Defendants-Appellees.
Humane Society of the United States; Animal Legal Defense Fund; and American Society for the Prevention of Cruelty to Animals, Amici Curiae.
United States Court of Appeals, Tenth Circuit.https://leagle.com/images/logo.png
May 27, 2009.
May 27, 2009.
Attorney(s) appearing for the Case
Steven S. Rosenthal (Alan K. Palmer; Karen R. Breslin, Progressive Law Center, LLC; and Michael F. Swick, American Kennel Club with him on the briefs), Kaye Scholer LLP, Washington, D.C., for the Plaintiffs-Appellants.
Michael J. Joyce (John M. Eckhardt and Stuart L. Shapiro with him on the briefs), Office of the City Attorney, Denver, CO, for the Defendants-Appellees.
James W. Hubbell, Kelly, Garnsey, Hubbell & Lass LLC, Denver, CO, and Ethan Carson Eddy and Jessica Culpepper, of Counsel, The Humane Society of the United States, Washington, D.C., filed an Amicus Curiae brief for the Humane Society of the United States in support of Plaintiffs-Appellants.
Megan A. Senatori, DeWitt Ross & Stevens, S.C., Madison, WI, filed an Amicus Curiae brief for the Animal Legal Defense Fund, in support of Plaintiffs-Appellants.
Debora M. Bresch, American Society for the Prevention of Cruelty to Animals, New York, New York, filed an Amicus Curiae brief for the American Society for the Prevention of Cruelty to Animals, in Support of Plaintiffs-Appellants.
Before TACHA, EBEL, and LUCERO, Circuit Judges. LUCERO, Circuit Judge.
United States Court of Appeals, Tenth Circuit.
LUCERO, Circuit Judge.
We consider a constitutional challenge to a Denver city ordinance banning a category of dogs commonly known as "pit bulls."1 Sonya Dias, Hilary Engel, and Sheryl White allege that the pit bull ban violates the Fourteenth Amendment because it: (1) is unconstitutionally vague on its face; and (2) deprives them of substantive due process. Before the plaintiffs had any opportunity...
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