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Colorado Supreme Court to hear arguments in transgender cake case

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Colorado Supreme Court to hear arguments in transgender cake case


The Colorado Supreme Court will hear arguments Tuesday in a lawsuit against a Christian baker who refused to make a cake celebrating a gender transition, one of three such cases from the state that have pitted LGBTQ+ civil rights against First Amendment rights.

Two cases have centered on baker Jack Phillips, who in 2012 refused to bake a cake for a gay couple’s wedding. Phillips partially prevailed before the U.S. Supreme Court in that case in 2018.

Phillips was later sued by Autumn Scardina, a transgender woman, after Phillips and his suburban Denver bakery refused to make a pink cake with blue frosting for her birthday that also celebrated her gender transition.

Scardina, an attorney, said she brought the lawsuit to “challenge the veracity” of Phillips’ statements that he would serve LGBTQ+ customers.

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That case to be argued before the Colorado Supreme Court involves the state’s anti-discrimination law against refusing to provide services based on protected characteristics such as race, religion or sexual orientation.

The Colorado Court of Appeals previously sided with Scardina, ruling that the cake — on which Scardina did not request any writing — was not a form of speech.

The appeals court noted that Phillips’ shop initially agreed to make the cake but then refused after Scardina explained she was going to use it to celebrate her gender transition, with the blue exterior and pink interior reflecting her male-to-female transition.

“We conclude that creating a pink cake with blue frosting is not inherently expressive and any message or symbolism it provides to an observer would not be attributed to the baker,” read the unanimous ruling by the three-judge appeals court in 2023.

The court also found that the anti-discrimination law did not violate business owners’ right to practice or express their religion.

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Phillips has maintained that the cakes he creates are a form of speech protected under the First Amendment.

Another recent case in Colorado centers on freedom of speech and LGBTQ+ rights. Last summer, the U.S. Supreme Court ruled in favor of a Colorado graphic artist who didn’t want to design wedding websites for same-sex couples.

Graphic artist Lorie Smith, who like Phillips is represented by the Alliance Defending Freedom, challenged the same state law. The court’s conservative majority said forcing her to create websites for same-sex weddings would violate her free speech rights.

Both sides in the dispute over Scardina’s cake order think the new U.S. Supreme Court ruling will bolster their arguments.

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Sandwich shop owed more than $40,000 in taxes before seizure, city says

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Sandwich shop owed more than ,000 in taxes before seizure, city says


Long-running Denver lunch spot Mr. Lucky’s Sandwiches, which closed in December after Denver’s Department of Finance seized its two locations, owes more than $40,000 in unpaid taxes, according to the city agency. Galen Juracek, who owns the shops in Capitol Hill and the Highland neighborhood, specifically owes $40,556.11.

Multiple notices posted to the door of Mr. Lucky’s Capitol Hill location showed that the city demanded payment for the back taxes starting in July. But the city’s “distraint warrant” — a legal notice that a business owner owes a specific amount, and that the business could be seized if they don’t pay it — notes the shops, at 711 E. 6th Ave. and 3326 Tejon St., were forced to close on Tuesday, Dec. 23.

Mr. Lucky’s had already decided it would close its two locations by the end of 2025, said Laura Swartz, communications director for the Department of Finance. But the city’s seizure of the business shows that it had not been keeping up on basic requirements, with a $39,956 bill for unpaid sales taxes and $600.11 in “occupational privilege” taxes, which fund local services and allow a business to operate within a specific area.

“When businesses charge customers sales tax but then do not submit that sales tax to the city, the city is responsible for becoming involved,” she said in an email to The Denver Post

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Juracek did not respond to multiple phone calls from The Denver Post requesting comment. His business, which is described on its website as a “go-to spot for handcrafted sandwiches since 1999, roasting our meats in-house and making every bite unforgettable,” is listed on the documents as G&J Concepts.



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Suspects sought in Denver shooting that killed teen, wounded 3 others

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Suspects sought in Denver shooting that killed teen, wounded 3 others


Denver police are searching for suspects in a Saturday night parking lot shooting that killed a 16-year-old and wounded three men, at least one of whom is not expected to survive, according to the agency.

Officers responded to the shooting in the 10100 block of East Hampden Avenue about 10:30 p.m. Saturday, near where East Hampden intersects South Galena Street, according to an alert from the Denver Police Department.

Police said a group of people had gathered in a parking lot on the edge of the city’s Kennedy neighborhood to celebrate the U.S. capture of Venezuelan President Nicolás Maduro when the shooting happened.

Paramedics took one victim to a hospital, and two others were taken to the hospital in private vehicles, police said. A fourth victim, identified by police as 16-year-old William Rodriguez Salas, was dropped off near Iliff Avenue and South Havana Street, where he died from his wounds.

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At least one of the three victims taken to hospitals — a 26-year-old man, a 29-year-old man and a 33-year-old man — is not expected to survive, police said Tuesday. One man was in critical condition Sunday night, one was in serious condition and one was treated for a graze wound and released.



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Denver’s flavored vape ban sends customers across city lines

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Denver’s flavored vape ban sends customers across city lines


The new year in Colorado brought new restrictions for people who vape in Denver. As of January 1, a voter-approved ban on flavored nicotine products is now in effect in Denver, prohibiting the sale of flavored e-cigarettes and vaping products within city limits.

Just outside the Denver border, vape shops say they’re already feeling the ripple effects.

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At Tokerz Head Shop in Aurora, located about a block and a half from the Denver city line, owner Gordon McMillon says customers are beginning to trickle in from Denver.

“I was in shock it passed, to be honest,” McMillon said. “Just because of how many people vape in Denver. But we’re hoping to take care of everybody that doesn’t get their needs met over there anymore.”

One of those customers is Justin Morrison, who lives in the Denver area and vapes daily. He stopped by the Aurora shop a day after the ban went into place.

Morrison says the ban won’t stop him from vaping. It will just change where he buys his products.

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“I’m going to have to come all the way to Aurora to get them,” he said. “It’s pretty inconvenient. I smoke flavored vapes every day.”

The goal of the ban, according to public health advocates, is to reduce youth vaping.

Morrison said flavored vapes helped him quit smoking cigarettes, an argument frequently raised by adult users and vape retailers who oppose flavor bans.

“It helped tremendously,” he said. “I stopped liking the flavor of cigarettes. The taste was nasty, the smell was nasty. I switched all the way over to vapes, and it helped me stop smoking cigarettes completely.”

McMillon worries bans like Denver’s could push some former smokers back to cigarettes.

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“If they can’t get their vapes, some will go back to cigarettes, for sure,” he said. “I’ve asked people myself, and it’s about 50-50.”

While McMillon acknowledges it will bring more business to shops outside Denver, he says the ban wasn’t something he wanted.

“Even if it helps me over here in Aurora, I’m against it,” he said. “I feel like adults should have the rights if they want to vape or not.”

More than 500 retailers in Denver removed their flavored products. For many, they accounted for the majority of their sales. Denver’s Department of Public Health and Environment says it will begin issuing fines and suspensions to retailers found selling flavored tobacco products.

Both McMillan and Morrison say they’re concerned the ban could spread to other cities. For now, Aurora vape shops remain legal alternatives for Denver customers.

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Despite the added drive, Morrison says quitting isn’t on the table.

“It’s an addiction. You’re going to find a way to get it. That’s why I don’t see the point of banning it here,” Morrison said.

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