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 maximume
charges for admission at any race meeting.
Newsday > News > Nation
GOP vows to undo Obama birth-control rule
WASHINGTON -- Republicans vowed yesterday to reverse President Barack Obama's new policy on birth control, lambasting the requirement that religious schools and hospitals provide employees with free contraceptives as an "unambiguous attack on religious freedom in our country." The White House pushed back in the face of a political firestorm, arguing that Obama was sensitive to the objections and looking for a way to allay the concerns.Democratic women lawmakers put up a united front in defending the administration.
"Women's health care should not depend on who the boss is," said Illinois Rep. Jan Schakowsky.
The fight over the administration mandate escalated as House Speaker John Boehner accused the administration of violating First Amendment rights and undermining some of the country's most vital institutions, such as Catholic charities, schools and hospitals. He demanded that Obama rescind the policy or else Congress will.
"This attack by the federal government on religious freedom in our country cannot stand, and will not stand," Boehner, a Catholic and Ohio Republican, said in a rare floor speech.
The contentious issue has roiled the presidential race and angered religious groups, especially Catholics, who say the requirement would force them to violate church teachings and long-held beliefs against contraception.
It also has pushed social issues to the forefront in an election year that has been dominated by the economy. Abortion, contraception and any of the requirements of Obama's health care overhaul law have the potential to galvanize the Republicans' conservative base, critical to voter turnout in the presidential and congressional races.
Clearly sensing a political opening, Republicans ramped up the criticism. Shortly after Boehner spoke, GOP senators gathered on the other side of the Capitol to hammer the administration and insist that they will push ahead with legislation to undo the requirement.
Sen. Kelly Ayotte (R-N.H.), called the new rule "an unprecedented affront to religious liberty. This is not a women's rights issue. This is a religious liberty issue."The issue is not contraception, said Sen. Marco Rubio (R-Fla.), but "whether the government of the United States should have the power to go in and tell a faith-based organization that they have to pay for something that they teach their members shouldn't be done. It's that simple. And if the answer is yes, then this government can reach all kinds of other absurd results."
The White House, facing a public and political outcry, engaged in damage control, circulating letters and statements from outside groups defending its position.
Administration officials had signaled on Tuesday that a compromise was possible and made clear Wednesday it was still looking for a way to deal with the issue.
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