Anti-Discrimination Law - NEW MEXICO

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DISCRIMINATION ON THE BASIS OF CLOTHING OR CLUB MEMBERSHIP IS ILLEGAL

New Mexico Civil Rights legislation codified in N.M.S.A. Sec. 28-1-1, et. seq. establish certain Civil Rights and prohibit certain discriminatory practices. The Act was modeled after the U.S. Civil Rights Act of 1964 (Title VII, 42 U.S.C.A. Section 2000 (e), et. seq.). A "civil right" has been defined as a privilege accorded to and or a right due from one individual to another, the trespassing upon which is a civil injury. The interference with a person's lawful conduct and actions is a violation of a civil right, U.S. v. Gugel, 119 F.Supp. 897. Discrimination need not be only on the grounds of race, color, national origin, etc. Any invidious discrimination is prohibited, Nanez v. Ritger, 304 F.Supp. 354. Coverage includes the right to free speech, peace- able assembly and freedom of association, Ames v. Vavreck, 356 F.Supp. 931. The U.S. Supreme Court has ruled that individuals have a constitutional right under the First Amendment to wear clothing which displays writing or designs, Cohen v. Ca., 403 U.S. 15. A person's right to wear the clothing of choice, and the right to belong to any club or organization is constitutionally protected. Persons or establishments who discriminate on the basis of clothing or club membership may have violated the Act.

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NCOM Region

REGION IX : Arizona, Nevada, New Mexico, Utah

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