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APTIVE ENVIRONMENTAL, LLC v. TOWN OF CASTLE ROCK

No. 18-1166.

959 F.3d 961 (2020)

APTIVE ENVIRONMENTAL, LLC, Plaintiff-Appellee, v. TOWN OF CASTLE ROCK, COLORADO, Defendant-Appellant. International Municipal Lawyers Association; Colorado Municipal League, Amici Curiae.

United States Court of Appeals, Tenth Circuit.

FILED May 15, 2020.

Attorney(s) appearing for the Case

Brian J. Connolly , ( J. Thomas Macdonald with him on the briefs), Otten, Johnson, Robinson, Neff & Ragonetti, P.C., Denver, Colorado, for Defendant-Appellant.

Jeremy A. Fielding , Lynn Pinker Cox & Hurst, LLP, Dallas, Texas ( David S. Coale , Jonathan D. Kelley and Paulette C. Miniter , Lynn Pinker Cox & Hurst, LLP, Dallas Texas; and Steven J. Perfrement , Bryan Cave Leighton Paisner LLP, Denver Colorado, with him on the brief), for Plaintiff-Appellee.

Laura K. Wendell and Susan L. Trevarthen , Weiss Serota Helfman Cole & Bierman, P.L., Coral Gables, Florida, filed an amicus curiae brief on behalf of International Municipal Lawyers Association supporting Defendant-Appellant.

Todd G. Messenger , Fairfield and Woods, P.C., Denver, Colorado, filed an amicus curiae brief on behalf of The Colorado Municipal League supporting Defendant-Appellant.

Before HARTZ, HOLMES, and CARSON, Circuit Judges.

The Town of Castle Rock, Colorado ("Castle Rock" or "Town") enacted a 7:00 p.m. curfew on commercial door-to-door solicitation (the "Curfew"). Aptive Environmental, LLC ("Aptive") sells pest-control services through door-to-door solicitation and encourages its salespeople to go door-to-door until dusk during the traditional...

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