Gay man not allowed to press charges

I just read an article titled Gay attack swept under the shrug. The article was about a man who was visting Denver, and was called a "faggot" and punched while in the 16th street mall. The man who was attacked kept his attacker in a headlock until police officers arrived. The big problem is that the police wouldn't allow the victim to press charges. After reading this article I think that this incident will hurt how many people travel to Colorado because they might think our state is against homosexuals and that we violate people's rights. Also what I thought was shocking is that U.S. District judge Zita Weinshienk dismissed the case because no rights were violated, and that gay people are not protected in the Constitution. But doesn't the Constitution protect men? I don't think that people should discriminate against someone because of their sexuality. First of all the attacker judged the victim based on how he was dressed and then punched him, and the victim was merely defending himself. I wish that people would stop discriminating against one another, especially if they are in the legal system, when we stop discriminating the world will be a better place.