TABLE SERVICES, LTD v. HICKENLOOPER

No. 09CA2729.

257 P.3d 1210 (2011)

TABLE SERVICES, LTD, d/b/a La Renaissance, Inc., a Colorado corporation; S D J Barton, Inc., d/b/a/ the Trough Restaurant, a Colorado corporation; J. Rodger Woody, d/b/a Woody's Drive-In, a Colorado business; Wooden Nickel, Inc., d/b/a the Wooden Nickel, a Colorado corporation; First Street Cafe Corporation, d/b/a First Street Cafe, a Colorado corporation; AD-Truck, Inc., d/b/a Copper Kitchen Cafe, a Colorado corporation; Lost Valley Ranch Corporation, d/b/a Lost Valley Ranch, a Colorado corporation; and Peck House, Inc., d/b/a the Peck House, a Colorado corporation, Plaintiffs-Appellants, v. John HICKENLOOPER, as Governor of the State of Colorado, and Michael McArdle, as Director of the Division of Labor, Colorado Department of Labor and Employment, Defendants-Appellees.

Colorado Court of Appeals, Div. VI.

Rehearing Denied June 2, 2011.


Attorney(s) appearing for the Case

Greenberg Traurig, LLP, Douglas J. Friednash , Cuneyt A. Akay , Denver, Colorado, for Plaintiffs-Appellants.

John W. Suthers , Attorney General, Daniel D. Domenico , Solicitor General, Geoffrey N. Blue , Deputy Attorney General, Colorado, for Defendants-Appellees.


Opinion by Judge RICHMAN.

In this case, we are called upon to determine the constitutionality of Amendment 42, enacted by Colorado voters in November 2006, for the purpose of raising the minimum hourly wage in Colorado from $5.15 to $6.85, and requiring thereafter an annual adjustment to the minimum wage based on inflation. Plaintiffs, Table Services, LTD, and seven other businesses, appeal the district court's judgment dismissing their challenge to the constitutionality...

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