So the issue here is really that the university of Colorado has a number of students who are flagrantly ignoring masking rules. They also have a administration that opened the campus. Boulder is a very left leaning city, has a department of health that has decided to be extremely expansive with their mandate in boulder county. Churches and public schools are still closed. But there is a tricky issue in that the state constitution keeps bolder from regulating CU. The majority of cases in Colorado are now from CU. That’s why they’ve structured at the way they have, because they cannot regulate CU directly.
So the question becomes is this a violation of the bill of rights? You’d have to be able to argue that the governments actions are designed to be punitive, rather than protective. As much as Boulder has consistently overstepped itself, I think this still meets that criteria.
As a sidenote, for all of the politicking about red state versus blue state, it is definitely millennials and zoomer‘s that I see without masks. Doesn’t bode well for the future.
Also Boulder and CU have had this war going on for quite a while independent of covid. It got to the point where the University even decided to purchase a quarry to get around Boulder restrictions.