303 Creative v. Elenis
In a preemptive suit, 303 Creative LLC and Lorie Smith sued various Colorado officials to keep them from enforcing the Colorado Anti-Discrimination Act. The plaintiffs design wedding websites and willfully admit they exclude same-sex couples from their service, though no suit has been brought against them yet for that discrimination.
The plaintiffs moved for a preliminary injunction, and the district court offered to expedite the litigation with summary judgment, which was accepted by both parties.
The district court dismissed several claims from the plaintiffs for lack of standing and did not address the remaining claims while the very similar Masterpiece Cakeshop case was pending. The plaintiffs appealed and while the appeal was pending the Masterpiece Cakeshop case was decided.
The plaintiffs renewed motions for preliminary injunction and summary judgment in the district court and the appeal became irrelevant, and the appellate court determined it lacked jurisdiction to review the plaintiff’s motions.