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Lawsuit: Property owner refused to sublease to father, son because they are Muslim

According to court records, C&P Family Farms Restaurants LLC, CnK Denver Inc., Craig Caldwell, Zuned Khan and Rashad Khan are suing Katina Gatchis for among other things, infringing on the plaintiffs' constitutional rights.
Credit: KUSA

DENVER - A Capitol Hill property owner is accused of denying a father and son the opportunity to sublease her property because they're Muslim, according to a lawsuit filed in Denver in April of this year.

According to the complaint, the father and son are U.S. citizens and own a successful restaurant in Boulder.

According to court records, C&P Family Farms Restaurants LLC, CnK Denver Inc., Craig Caldwell, Zuned Khan and Rashad Khan are suing Katina Gatchis for, infringing on the plaintiffs’ constitutional rights, among other things.

The story about the complaint became public over the weekend, when another news organization published the allegations.

Caldwell leased the restaurant space at 9th Avenue and Corona Street in 2016 from Katina Gatchis. But by 2017, Caldwell wanted to leave the neighborhood and the Khans were interested in subleasing.

Gatchis would have to approve the deal.

According to the complaint, Gatchis made statements to Caldwell saying she would not allow him to sublease to the Khans because “he needed to find a good and decent person for the lease.”

Gatchis also told Caldwell, according to the complaint, the person had to “be American”.

The plaintiffs’ attorney the law firm of Rahod Mohamedbhai LLC said Caldwell recorded his conversations with Gatchis and her son.

Listen to the recordings of Gatchis speaking with Caldwell below. Can't see the video? Click or tap here and here.

“[This case] is about the ability to contract regardless of your race, national origin or religion,” said plaintiffs’ attorney Siddhartha Rathod.

“These laws arise from the civil rights era where people were denied the ability to sit at a lunch counter because of their race. We have decided as a society that we will not tolerate discrimination, we will not allow someone to judge another person because of their race, their national origin or religion and deny them the basic services that all Americans have the right to.”

According to the complaint, Gatchis also told Caldwell she would not allow the sublease “because the Khans were from Iran,” and she wanted “a good American person like himself or her, both of whom are white, non-Bangladeshi and non-Muslim.”

“It was just really disappointing,” Rashad Khan told 9NEWS.

“Not being classified as an American. I've never faced any kind of situation where I would be judged by my last name and the color of my skin to be a certain way. I wish she had given me an opportunity to just to get to know her and to show her.”

Khan is an American citizen who calls Colorado home. He was born in England, but came to the U.S. when he was 11.

He said his parents raised him Muslim, but he considered himself spiritual.

Khan said the lawsuit is meant to bring the situation to light.

“It would be so easy just to just find another space,” he said. “We shouldn’t have to stand for that in this country. We’re here because we have the ability to pursue whatever we want, if we’re smart enough, if we have the resources, we can do whatever we want.”

“Nobody should be able to stop us from doing that based on race, religion, name, whatever. It’s not right,” Khan said.

9NEWS left a message for Michael Curry, one of the attorneys on record representing Gatchis, but he has not responded.

When 9NEWS tried to find Gatchis at her Cap Hill liquor store, she yelled, asked our crew to leave the public sidewalk and declined any attempts to share her side of the story.

The response filed in court on her behalf said she denied the alleged reasons she was against subleasing to the Khans.

Khan told 9NEWS he’ll find another Denver place to share his family recipes and food.

The trial in this case is scheduled for March of 2019.

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