Colorado Outfitters v. Hickenlooper, No. 14-1290 (10th Cir. 2016)
Annotate this CaseSeveral organizations, individuals, and businesses brought suit against Colorado’s governor, John Hickenlooper, arguing Colo. Rev. Stat. 18-12-112 and Colo. Rev. Stat. 18-12-302 (effective July 1, 2013) violated the Second Amendment, the Fourteenth Amendment, and the Americans with Disabilities Act (ADA). The Tenth Circuit court surmised that from this litigation’s inception, "plaintiffs’ standing to assert these claims was less than assured." The district court concluded several Colorado sheriffs lacked standing to bring their claims and dismissed them from the case. After a nine-day bench trial, the district court expressed skepticism that any of the remaining plaintiffs had established standing to challenge the statutes at issue here. Nevertheless, “with the benefit of some generous assumptions,” it found that at least one plaintiff had standing to challenge each statute. After winning the jurisdictional battle, however, the plaintiffs ultimately lost the war; the district court entered judgment in favor of the defendant on all claims. On appeal, the Tenth Circuit concluded the jurisdictional issue was not resolved as the district court had found. The Tenth Circuit concluded that plaintiffs failed to establish Article III standing to bring any of their claims, and therefore vacated the district court’s order granting judgment for the defendant. The case was remanded with directions to dismiss the action for lack of jurisdiction.
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