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PARRISH v. DAYTON

No. 13-2739.

761 F.3d 873 (2014)

Jennifer PARRISH; Addie Clyde; Cynthia Cunningham; Patricia Gentz; Holly Goad; Sara Nelson; Jerol Oldenkamp; Tracy Stengel; Lisa Templin; Ruth Tessmer; Sally Willis-Oeltjen; Tabitha Zimmer, Plaintiffs-Appellants v. Governor Mark DAYTON, in his official capacity as the Governor of the State of Minnesota; Josh Tilsen, in his official capacity as Commissioner of the Bureau of Mediation Services; Lucinda Jesson, in her official capacity as Commissioner of the Minnesota Department of Human Services, Defendants-Appellees. AFSCME Council 5; Angela Anderson; Sharon O'Boyle; Marilyn Geller, Intervenors below-Appellees.

United States Court of Appeals, Eighth Circuit.

Filed: July 31, 2014.

Attorney(s) appearing for the Case

William L. Messenger , argued, Springfield, VA, ( Aaron B. Solem , Springfield, VA, on the brief), for Appellant.

Alan Gilbert , AAG, argued, Saint Paul, MN, John M. West , argued, Washington, DC, ( Gregg Marlowe Corwin , Saint Louis Park, MN, Kristyn Marie Anderson , AAG, Saint Paul, MN, on the brief), for Appellees.

Before WOLLMAN, BYE, and BENTON, Circuit Judges.

BENTON, Circuit Judge.

Jennifer Parrish and other plaintiffs operate child-care businesses in their homes. They challenge the constitutionality of Minnesota's Family Child Care Providers Representation Act (the Act). The district court1 found plaintiffs' claims unripe, dismissing the case without prejudice. This court granted plaintiffs an injunction pending appeal. Having jurisdiction under 28...

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