Branson v. City & County of Denver

I respectfully dissent.

As noted in the majority opinion, the facts in this case are not in dispute. Therefore, our only task is to determine whether the statutory provision in question violates Birdie L. Branson’s constitutional rights under the fourteenth amendment to the United States Constitution and article II, section 25, of the Colorado Constitution.

I agree with the majority that the standard of review by which section 31-30-509, 12 C.R.S. (1977), must be examined to determine whether the plaintiff has been deprived of equal protection of the law is the “rational basis standard.” I also…