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High Court Rejects Challenge to Bozeman Nondiscrimination Ordinance

Five Bozeman residents sued the city arguing that it didn't have the legal authority to enact the ordinance

By Dillon Tabish

BOZEMAN — The Montana Supreme Court has upheld a lower court’s dismissal of a lawsuit that sought to overturn a Bozeman ordinance that prohibits discrimination based on a person’s sexual orientation or gender identity.

The Bozeman Daily Chronicle reports five Bozeman residents sued the city arguing that it didn’t have the legal authority to enact the ordinance, which went into effect in July 2014. The justices’ opinion issued Tuesday affirms Gallatin County District Judge John Brown’s decision to dismiss the suit.

Brown determined that the ordinance provided no potential injury to the plaintiffs. He also found none of them were in a position to face a legal challenge from an alleged violation of the ordinance.

The plaintiffs’ attorney, Michael San Souci, was out of state and unavailable for comment Wednesday.