Legal Opinion · Concurring in part, dissenting in part
Faustin v. City and County
Court of Appeals for the Tenth Circuit
Decided September 28, 2001No. 00-1168Published
1Concurring in part, dissenting in partJenkins, Senior District Judge
I agree with much of what the lead opinion says. I depart only as to three issues.
*951Constitutionality of Denver Mun.Code art. I, § 3-1
The lead opinion affirms the district court’s declaration that “the Posting Ordinance (Denver, Colo. Mun.Code art. I, § 3-1 [1950]) is unconstitutional as applied to plaintiffs protesting activities on the Perry Street Overpass and cannot be enforced to prevent plaintiff from engaging in those activities.” Faustin v. City & County of Denver, 104 F.Supp.2d 1280, 1290 (D.Colo.2000).1
The first step in deciding whether a statute or ordinance is unconstitutional is to…
2Cases cited11 opinions
- Monell v. New York City Dept. of Social Servs.Supreme Court of the United States · 1978
- Kentucky v. GrahamSupreme Court of the United States · 1985
- FW/PBS, Inc. v. City of DallasSupreme Court of the United States · 1990
- Crowell v. BensonSupreme Court of the United States · 1932
- Public Citizen v. United States Department of JusticeSupreme Court of the United States · 1989
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