Curious Theater Co. v. Colorado Department of Public Health & Environment

Opinion by

Judge BERNARD.

Plaintiffs, Curious Theatre Company, Paragon Theatre, and Theatre 13, Inc. (collectively, the Theaters), appeal the judgment denying their request for a preliminary injunction and a declaratory judgment against the enforcement of the Colorado Clean Indoor Air Act, sections 25-14-201 to -209, C.R.S.2007 (the Smoking Ban), by the Colorado Department of Health and Environment and its Executive Director, Dennis Ellis (collectively, the Health Department), as applied to theatrical productions.

This case involves the question whether the Smoking Ban violates the Theaters’…