Dear Students of CUNY:
Please answer the following questions and try to get the New York State Attorney General to issue a Formal or Informal Opinion before preceding to court:
1 Does NY PML Sec 105 apply to the OTBs?
2. Is NY PML Sec 105 constitutionally defensible?
3. Does NY PML Sec 105 violate the rights of betting CUNY Students secured by NY Const. Art. 1, Sec. 3?
4. Is NY PML Sec 105 vague, indefinite and or overly broad as the Gregorian and Julian Calendars do not define the same Sunday to be "Easter Sunday" in all years.
We hold the answers to the above questions to be obvious and consistent with the Opinion of the Counsel for NYC OTB, see below. Note NYC OTB employees who worked on any Sunday were paid double time.
New York's OTBs must be open on any day when tracks across the US are running that bettors want to bet, NY Slot machines are operating, and when you can buy a NY Lottery Ticket. OTB workers would be wise to consider the choice of whether to work or not while they still have jobs? NYC OTB died in Bankruptcy Court and Suffolk OTB has filed for Chapter 9 Bankruptcy. No sane person closes a public benefit corporation on a law such as NY PML Sec 105 does not pass the laugh test.
Let's get the NY Attorney General to issue an Opinion before proceeding to court.
This is a great statute to play with for those looking to audition for law school by beating the State of New York for good reasons.
Open On 1st Palm Sunday, Otb Rakes In $2m - New York Daily News
articles.nydailynews.com/.../18220335_1_racing-and-wagering-boar...Cached
Open On 1st Palm Sunday, Otb Rakes In $2m. BY JERRY BOSSERT DAILY NEWS SPORTS WRITER. Monday, April 14, 2003. New York City Off-Track Betting ...
§ 105. Supplementary regulatory powers of the board. Notwithstanding any inconsistent provision of law, the board through its rules and regulations or in allotting dates for racing or in licensing race meetings at which pari-mutuel betting is permitted shall be empowered to: (i) permit racing at which pari-mutuel betting is conducted on any or all dates from the first day of January through the thirty-first day of December, inclusive of Sundays but exclusive of December twenty-fifth and Palm Sunday and Easter Sunday; and (ii) fix minimum and maximum charges for admission at any race meeting.
N.Y. / Region
CUNY Students Protesting Tuition Increase Clash With Police
By ALICE SPERI and ANNA M. PHILLIPS
Ozier Muhammad/The New York TimesStudents gathered at the entrance to Baruch College on Monday as City University trustees met over proposed tuition increases.The students were pushed to the ground and taken away in handcuffs from the lobby of the college, in Manhattan, while protesting against the proposal for tuition increases, which CUNY’s Board of Trustees is scheduled to vote on next Monday.
Carlos Pazmino, 21, a City College student who helped organize the protest, said that after students began opening doors to the auditorium where the CUNY trustees were to hold a public hearing at 5 p.m., CUNY police officers surrounded the entrances and pushed back, using their batons, and that when students formed a line to push past, the officers began hitting the students with the batons.
“I saw two people knocked down by cops,” Mr. Pazmino said. “They were arrested and one guy’s head was bleeding.”
Video posted to Facebook by the Baruch College newspaper, The Ticker, (see below) and photos showed a chaotic scene and its aftermath.
During the fighting, students on higher floors dropped books down on the police, and captured the scuffle on video. A crowd of 200 to 300 protesters outside beat on the lobby’s windows, also shouting, “Shame.”
The police did not immediately say how many people were arrested.
The meeting went on as scheduled on the 14th floor of the building, where people who had made it into the hearing started receiving text messages about the events in the lobby.
The protest had begun with a handful of organizers from Students United for a Free CUNY, who marched through the school cafeteria at City College at lunchtime. The group is demanding the repeal of the tuition increase approved last summer by the city and the state: $300 a year for each of the next five years.
Later in the afternoon, the protest moved to Madison Square Park, where CUNY students from other colleges had agreed to meet. The growing crowd then marched on to Baruch College, at Lexington Avenue and 24th Street.
Videos posted on YouTube by user Michael Alexander Gould-Wartofsky showed a line of officers pushing into a crowd of students.
At Baruch, the campus police restricted access to the hearing to those who had registered, and set up barricades around the building, the William and Anita Newman Vertical Campus Conference Center.
With the room at capacity and hundreds of people surrounding the building, the police told those in the lobby that they would be arrested for trespassing. At that point, the students in the lobby sat down, and some were pushed to a wall by the campus police. Nearly a dozen people were arrested as officers cleared the room as several hundred people protested outside.
“We have made it clear to the university that violent response to students who are protesting nonviolently is not acceptable,” said Barbara Bowen, the president of the CUNY Professional Staff Congress, who was at the meeting while the students were being arrested.
At the afternoon protest at Madison Square Park, protesters chanted, “Banks got bailed out, students got sold out.”
A small group of New York University and New School students joined the rally to support CUNY students, apparently part of an unrelated campaign by Occupy Wall Street organizers called Occupy Student Debt. Andrew Ross, an N.Y.U. professor affiliated with that group, said it was aiming to get one million students to pledge that they would not pay back their loans.
But Denise Romero, 19, a junior at Baruch and one of the organizers of Monday’s protest, insisted that the CUNY protest was independent of Occupy Wall Street. “We support them and they support us, but we are not affiliated,” she said.
She added that CUNY students were protesting not only tuition increases but also the university’s push for a public-private partnership. CUNY received $1.4 billion in private philanthropy this year, according to a university spokesman.
“We want more student representation,” said Ms. Romero, who had registered to speak at the hearing Monday. “We want to change the way they decide things.”
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