United Air Lines, Inc. v. City & County of Denver

Judge BRIGGS

specially concurring.

While I concur in the outcome, I write separately for two reasons. First, I cannot join the opinion without expressing my concerns with a familiar litany: The party challenging a legislative enactment must present proof beyond a reasonable doubt the enactment is unconstitutional. Second, my concurrence is driven, not just by what issues are raised, but also by what is not raised.

I

When rejecting a constitutional challenge, Colorado appellate opinions typically begin by referencing the supposed requirement of “proof beyond a reasonable doubt.” However, the…