| Venue: | CO Dist. Ct. |
| Facts: | Martinez wants to become a tenant at a mobile home park, and the application asks if she's a US citizen. She thinks she was denied because she is Mexican. |
| Posture: | Suit under the FHA and the CO version: CFHA |
| Issue: | Should this be dismissed? |
| Holding: | No, we can proceed. |
| Rule: | 42 USC § 1981 |
| Reasoning: | She loses under FHA or CFHA, because national origin is not the same
thing as citizenship. You can discriminate on the basis of the
latter, but not the former.
Still we do have this idea about equal rights under the law: people within the jurisdiction of the US get that. |
| Dicta: | |