Magnani v. Harnett

I favor a reversal of the order appealed from on the authority of Asakura v. Seattle (265 U. S. 332) and Matter of Ennis v. Harnett (243 App. Div. 516), and upon the further ground that the statute is unconstitutional under the Fourteenth Amendment of the Federal Constitution, and further, the State Constitution provides: “ No person shall, because of race, color, creed or religion, be subjected to any discrimination in his civil rights by any other person * * *, or by the State or any agency or subdivision of the State.” (State Const. art. 1, § 11.)

The broad language of the century-old…