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Old April 17, 2013, 09:11 PM   #377
Spats McGee
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Join Date: July 28, 2010
Location: Arkansas
Posts: 8,821
Well, Jim, my analogy wasn't perfect, I'll grant you. However, the Civil Rights Act of 1964 protects certain classes of persons from discrimination in the provision of public services (like whether FFLs will provide services to protected classes of persons). There are statutory rights, and there are constitutional rights. Employment rights are based on the Equal Protection clause of the 14th Amendment, and (at least in part) extended to us by statute.

However, there is no constitutional right to a particular job. Only not to be discriminated on in the terms and conditions of employment based upon membership in a protected class. Honest. I'm just too tired to dig up citations right now. You'll have to wait until tomorrow.

As far as Edward R. Holtz v. State of New York, I don't know. It looks like a state court proceeding, and I can't find it in Westlaw. From what I can tell, that might be a state court proceeding, which means that a good chunk of it might be based on NY state law. That's a different question from federal constitutional law.
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