Dias v. City and County of Denver

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 to present evidence to support their claims, the district court dismissed both claims under Federal Rule of Civil Procedure 12(b)(6). On appeal, the plaintiffs argue that the district court erred…