Thursday, January 5, 2012

Please write nyag.pressoffice@ag.ny.gov ASAP! Thanks

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 Bettorsl 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 belately 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.

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