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)).