Kevin McCaffrey President of Teamsters Local 707 is also the Deputy Mayor of the Village of Lindenhurst.
He has done nothing to see that his members who work for Nassau OTB have a choice of whether to work or take vacation on the days found in NY PML Sec 105. He may obtain or cause to be obtained a free Opinion from the New York State Attorney General.
Litigation is the civilized alternative to violence, but a free Opinion is a good first step before litigation?
Dear Attorney General Eric Schneiderman:
The Bettors of the State of New York and the employees of the remaining OTBs, public benefit corporations, have no standing to ask for your Opinion to the following simple questions with seemingly obvious answers::
1. Will the Attorney General defend the constitutionality of NY PML Sec 105?
2. Does NY PML Sec 105 apply to Nassau OTB?
3. Does NY PML Sec 105 violate the rights of New York Bettors secured by NY Const. Art. 1, Sec. 3?
4. Is NY PML Sec 105 vague, indefinite and/or overly broad as the term "Easter Sunday" does not define one and only one Sunday in all years (see eg Gregorian and Julian Calendars)?
I hope that you will sua sponte issue an Opinion as to the above so that bettors may bet, workers may work or not as they wish, and the State and its subdivisions make money. There are tracks running all across the United States every day of the year that bettors want to bet. Track calendars may be found at eg www.ntra.com. The OTBs also sell New York Lottery tickets which are drawn every day of the year. The OTBs also cash non IRS Lottery tickets in cash for any sum, a convenience for many Lotto Players.
It is critical in these current time that the OTBs are open when customers want to bet. I believe that your Opinion will belatedly validate the actions of New York City OTB taken on the advice of its Counsel in 2003.
Sincerely yours,
January 5, 2012
Open On 1st Palm Sunday, Otb Rakes In $2m - New York Daily News
articles.nydailynews.com/.../18220335_1_racing-and-wagering-boar...
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.
Student Faces Town’s Wrath in Protest Against a Prayer
Gretchen Ertl for The New York Times
Jessica Ahlquist, a Rhode Island atheist, won a suit against her school's prayer poster.
By ABBY GOODNOUGH
Published: January 26, 2012
CRANSTON, R.I. — She is 16, the daughter of a firefighter and a nurse, a self-proclaimed nerd who loves Harry Potter and Facebook. But Jessica Ahlquist is also an outspoken atheist who has incensed this heavily Roman Catholic city with a successful lawsuit to get a prayer removed from the wall of her high school auditorium, where it has hung for 49 years.
Gretchen Ertl for The New York Times
Jessica has received threats and the police have escorted her at school.
Gretchen Ertl for The New York Times
Supporters are selling T-shirts with the Cranston High School West prayer.
Gretchen Ertl for The New York Times
Many residents say the prayer reflects universal values.
Gretchen Ertl for The New York Times
Steven Knowlton, principal of Cranston High School West, in its auditorium, where the prayer, up for 49 years, has been covered pending an appeal.
A federal judge ruled this month that the prayer’s presence at Cranston High School West was unconstitutional, concluding that it violated the principle of government neutrality in religion. In the weeks since, residents have crowded school board meetings to demand an appeal, Jessica has received online threats and the police have escorted her at school, and Cranston, a dense city of 80,000 just south of Providence, has throbbed with raw emotion.
State Representative Peter G. Palumbo, a Democrat from Cranston, called Jessica “an evil little thing” on a popular talk radio show. Three separate florists refused to deliver her roses sent from a national atheist group. The group, the Freedom From Religion Foundation, has filed a complaint with the Rhode Island Commission for Human Rights.
“I was amazed,” said Annie Laurie Gaylor, co-president of the foundation, which is based in Wisconsin and has given Jessica $13,000 from support and scholarship funds. “We haven’t seen a case like this in a long time, with this level of revilement and ostracism and stigmatizing.”
The prayer, eight feet tall, is papered onto the wall in the Cranston West auditorium, near the stage. It has hung there since 1963, when a seventh grader wrote it as a sort of moral guide and that year’s graduating class presented it as a gift. It was a year after a landmark Supreme Court ruling barring organized prayer in public schools.
“Our Heavenly Father,” the prayer begins, “grant us each day the desire to do our best, to grow mentally and morally as well as physically, to be kind and helpful.” It goes on for a few more lines before concluding with “Amen.”
For Jessica, who was baptized in the Catholic Church but said she stopped believing in God at age 10, the prayer was an affront. “It seemed like it was saying, every time I saw it, ‘You don’t belong here,’ ” she said the other night during an interview at a Starbucks here.
Since the ruling, the prayer has been covered with a tarp. The school board has indicated it will announce a decision on an appeal next month.
A friend brought the prayer to Jessica’s attention in 2010, when she was a high school freshman. She said nothing at first, but before long someone else — a parent who remained anonymous — filed a complaint with the American Civil Liberties Union. That led the Cranston school board to hold hearings on whether to remove the prayer, and Jessica spoke at all of them. She also started a Facebook page calling for the prayer’s removal (it now has almost 4,000 members) and began researching Roger Williams, who founded Rhode Island as a haven for religious freedom.
Last March, at a rancorous meeting that Judge Ronald R. Lagueux of United States District Court in Providence described in his ruling as resembling “a religious revival,” the school board voted 4-3 to keep the prayer. Some members said it was an important piece of the school’s history; others said it reflected secular values they held dear.
The Rhode Island chapter of the A.C.L.U. then asked Jessica if she would serve as a plaintiff in a lawsuit; it was filed the next month.
New England is not the sort of place where battles over the division of church and state tend to crop up. It is the least religious region of the country, according to the Pew Forum on Religion and Public Life. But Rhode Island is an exception: it is the nation’s most Catholic state, and dust-ups over religion are not infrequent. Just last month, several hundred people protested at the Statehouse after Gov. Lincoln Chafee, an independent, lighted what he called a “holiday tree.”
In Cranston, the police said they would investigate some of the threatening comments posted on Twitter against Jessica, some of which came from students at the high school. Pat McAssey, a senior who is president of the student council, said the threats were “completely inexcusable” but added that Jessica had upset some of her classmates by mocking religion online.
“Their frustration kind of came from that,” he said.
Many alumni this week said they did not remember the prayer from their high school days but felt an attachment to it nonetheless.
“I am more of a constitutionalist but find myself strangely on the other side of this,” said Donald Fox, a 1985 graduate of Cranston West. “The prayer banner espouses nothing more than those values which we all hope for our children, no matter what school they attend or which religious background they hail from.”
Brittany Lanni, who graduated from Cranston West in 2009, said that no one had ever been forced to recite the prayer and called Jessica “an idiot.”
“If you don’t believe in that,” she said, “take all the money out of your pocket, because every dollar bill says, ‘In God We Trust.’ ”
Raymond Santilli, whose family owns one of the flower shops that refused to deliver to Jessica, said he declined for safety reasons, knowing the controversy around the case. People from around the world have called to support or attack his decision, which he said he stood by. But of Jessica, he said, “I’ve got a daughter, and I hope my daughter is as strong as she is, O.K.?”
Jessica said she had stopped believing in God when she was in elementary school and her mother fell ill for a time.
“I had always been told that if you pray, God will always be there when you need him,” she said. “And it didn’t happen for me, and I doubted it had happened for anybody else. So yeah, I think that was just like the last step, and after that I just really didn’t believe any of it.”
Does she empathize in any way with members of her community who want the prayer to stay?
“I’ve never been asked this before,” she said. A pause, and then: “It’s almost like making a child get a shot even though they don’t want to. It’s for their own good. I feel like they might see it as a very negative thing right now, but I’m defending their Constitution, too.”
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