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前情:https://www.1point3acres.com/bbs/thread-993407-1-1.html
2023年5月,一些在佛州居住的中国公民以该法案违反宪法、Fair Housing Act等提起了诉讼。
昨天,佛州北区联邦地区法院驳回了原告对该法案禁制令的申请。法院认为禁止中国公民不构成种族歧视、不构成national origin歧视,从而不违反宪法第14修正案、Fair Housing Act等。
the challenged law classifies based on where an alien is domiciled… It does not facially discriminate against noncitizens based on race or ancestry. It does not discriminate against noncitizens based on “the particular country in which one was born.” Osorto, 995 F.3d at 822. So contrary to Plaintiffs’ arguments, the challenged law is facially neutral as to race and national origin. It would apply to a person of Chinese descent domiciled in China the same way it would apply to a person not of Chinese descent domiciled in China. And its application would never turn on a person’s race.
Florida’s law does not make any classification based on “race, color, religion, sex, familial status, or national origin.” It instead classifies based on alienage, citizenship, and lawful-permanent resident status—none of which are covered by the FHA.
https://www.courtlistener.com/docket/67412885/69/shen-v-simpson/ |