Lorie Smith, a website designer who does not want to design websites for same-sex weddings, challenged Colorado’s Anti-Discrimination Act (CADA), arguing that it violates the First 
Amendment and, additionally, that it is unconstitutionally vague and overbroad. The Tenth Circuit disagreed. In 303 Creative Ltd. Liab. Co. v. Elenis, No. 19-1413, 2021 U.S. App. LEXIS 22449, at *1 (10th Cir. July 26, 2021), the Tenth Circuit held that the website designer had standing to challenge CADA, but that her constitutional challenges were without merit.
CADA’s Protections Against Discrimination
“CADA restricts a public accommodation’s ability to refuse to provide services based on a customer’s identity.” Id. at *2. A public accommodation is “any place of business engaged in any sales to the public and any place offering services, facilities, privileges, advantages, or accommodations to the public.” Id. (citing Colo. Rev. Stat. §24-34-601(1)).
This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.
To view this content, please continue to their sites.
Not a Lexis Subscriber?
Subscribe Now
Not a Bloomberg Law Subscriber?
Subscribe Now
LexisNexis® and Bloomberg Law are third party online distributors of the broad collection of current and archived versions of ALM's legal news publications. LexisNexis® and Bloomberg Law customers are able to access and use ALM's content, including content from the National Law Journal, The American Lawyer, Legaltech News, The New York Law Journal, and Corporate Counsel, as well as other sources of legal information.
For questions call 1-877-256-2472 or contact us at [email protected]
