High Quality
Open the downloaded document, and select print from the file menu (PDF reader required).
Opinions of the Colorado Supreme Court areavailable to the public and can be accessedthrough the Court’s homepage athttp://www.courts.state.co.usOpinions arealso posted on the Colorado Bar Associationhomepage atwww.cobar.org.ADVANCE SHEET HEADNOTEDecember 14, 2009
08SC351, Curious Theatre Company v. Colorado Department ofPublic Health and Environment: First Amendment – Regulationof Conduct
The non-profit theaters that were plaintiffs belowpetitioned the Colorado Supreme Court for review of the court ofappeals’ judgment affirming the denial of their motion forpreliminary injunction. Their action against the ColoradoDepartment of Public Health and Environment seeks both ajudgment declaring Colorado’s ban on theatrical smoking to be anunconstitutional infringement on their freedom of speech and anorder enjoining its enforcement. The district court deniedtheir motion for preliminary injunction on the grounds thatsmoking, even in the theatrical context, does not amount toexpressive conduct of a type that would be subject to eitherstate or federal constitutional protections for speech. Thecourt of appeals concluded that theatrical smoking wasexpressive conduct but affirmed the district court on thealternative grounds that the ban was nevertheless
constitutional. See Curious Theater Co. v. Colo. Dep’t of Pub.Health & Env’t, 216 P.3d 71 (Colo. App. 2008).The Colorado Supreme Court affirmed, concluding that, evenassuming that theatrical smoking actually can amount toprotected expressive conduct under some circumstances, thestatutory ban does not impermissibly infringe on the plaintiffs’constitutionally protected freedom of expression because it iscontent neutral and narrowly tailored to serve the state’ssubstantial interest in protecting the public health andwelfare.2
SUPREME COURT, STATE OF COLORADOTwo East 14
th
AvenueDenver, Colorado 80203Certiorari to the Colorado Court of AppealsCourt of Appeals Case No. 06CA2260Case No. 08SC351
Petitioners:
Curious Theatre Company, a Colorado non-profit corporation; ParagonTheatre, a Colorado non-profit corporation; and Theatre13, Inc., aColorado non-profit corporation,v.
Respondents
:Colorado Department of Public Health and Environment and JamesMartin, its Executive Director.JUDGMENT AFFIRMEDEN BANCDecember 14, 2009A. Bruce JonesStephen G. MasciocchiDaniel R. PabonHolland and Hart L.L.P.Denver, ColoradoAttorneys for PetitionersJames W. HubbellKelly Garnsey Hubbell & Lass L.L.C.Denver, ColoradoAttorneys for Amicus Curiae The Thomas Jefferson Center forthe Protection of Free Expression
Add a Comment
The Trashy Novel Corpleft a comment
Helen Winslow Black replied: