City & County of Denver v. Nielson

Appellant was convicted of having administered massages to members of the opposite sex, in violation of Denver Revised Municipal Code 971.2-14 (hereinafter ordinance). The Superior Court in and for the City and County of Denver affirmed the conviction on appeal, relying on Colorado Springs Amusements, Ltd. v. Rizzo, 524 F.2d 571 (3rd Cir. 1975), cert. denied, 428 U.S. 913, 96 S.Ct. 3228, 49 L.Ed.2d 1222 (1976). The case is before us for review to determine the constitutionality of the ordinance upon which conviction is predicated. We reverse.

Section 971.2-14 provides:

“971.2-14. UNLAWFUL TO…