Livingston v. Ewing
United States District Court for the District of New Mexico
455 F. Supp. 825 (1979)
- Written by Heather Whittemore, JD
Facts
In 1909 the government of New Mexico established the Museum of New Mexico (the museum) (defendant). The museum controlled a historic building that had been used as a marketplace for centuries by multiple Native American tribes. In 1935 the museum limited the use of the building to Native Americans selling their crafts. In 1976 the policy was formalized and expanded to forbid all non-Native American vendors from selling merchandise on the entirety of the museum’s property. Certain Native American groups, and Pueblo Indians in particular, relied on income from craft sales on the museum’s property for their livelihoods. Paul Livingston (plaintiff) filed a lawsuit against the museum in federal district court, arguing that the museum’s policy forbidding non-Native vendors from selling merchandise on its property violated the Fourteenth Amendment Equal Protection Clause because it was an unjustified classification based on race. The museum argued that its policy was based on culture rather than race, and that the policy survived rational-basis review because it was meant to ensure the continuation of Native American culture by allowing Native American vendors to earn an income without having to compete with non-Native vendors. Livingston and the museum filed motions for summary judgment.
Rule of Law
Issue
Holding and Reasoning (Mechem, J.)
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