Vail can once again prohibit delivery trucks from its pedestrian malls, a federal appeals court has ruled, overturning a Denver judge’s decision last year that put a stop to that ban .

A divided panel of the 10th U.S. Circuit Court of Appeals decided Aug. 29 that laws regulating the trucking industry do not prevent the resort town from excluding UPS and FedEx.

“These statutes ordinarily preempt local trucking regulations, but exceptions exist for motor vehicle safety,” Judge Robert Bacharach wrote. “Do these exceptions allow a town to regulate trucking companies that frequently deliver goods in a pedestrian mall? We answer yes.”

Judge Gregory Phillips disagreed with his colleagues. Dissenting from the 2-1 opinion in favor of Vail, Phillips wrote that the truck ban cannot be logically ti

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