True, but they lack venue in the case, since the first ammendment is a Federal issue.
Actually, The CO Supreme Court will probably hear the issue before a federal court does. If someone is convicted under this law, it will be in a Colorado Court, as it is a Colorado law. The appeal from the conviction will, therefore, be to the Colorado Supreme Court. Then, the losing party would have an appeal to the US Supreme Court after the Colorado Supreme Court heartily endorses the jailing of Christians for reading the Bible in public.
Theoretically, the Colorado Supreme Court is required to hear and rule on Federal First Amendment issues before it. But in practice, they will only rule to apply the first amendment to things like burning flags or to rule vouchers unconstitutional. This Court will never rule that Christians have free speech rights. But they will probably have first crack at the issue.