Thursday, March 1, 2012

Thomas Cleary SILENT about NY PML Sec 105.

Chaminade takes on Obama contraceptive issue

Students gather outside of Chaminade High School in
Photo credit: Newsday/Thomas A. Ferrara | Students gather outside of Chaminade High School in Mineola. (Dec. 1, 2005)
A prominent Catholic high school on Long Island has joined the battle to defeat a plan by President Barack Obama to have insurers provide contraceptive services to employees of religiously affiliated institutions.
Chaminade High School, an all-boys school in Mineola with a rich history dating to 1930, sent a letter to its extensive alumni list encouraging graduates to help oppose the plan.
"I am writing you regarding a very serious matter -- the HHS mandate and the ramifications this will have on all Americans, not just the Catholic community," Brother Thomas Cleary, head of Chaminade, wrote in a Feb. 17 letter to the school's alumni network. He called Obama's proposed regulation "an unprecedented violation of individual freedoms and conscience."
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The mandate would go into effect in August 2013 and would require insurance companies contracted by religiously affiliated institutions, such as Catholic universities, hospitals and charities, to include coverage for contraceptive services for employees. The insurance companies and not the church-affiliated institutions would pay for the services.
Churches themselves and local parishes whose work is strictly religious would be exempted. They are also exempted from a decade-old New York State law requiring coverage for contraceptive services. Many church-affiliated institutions in New York, such as hospitals and charities, get around the New York law by "self-insuring" -- which gives them an exemption.
That exemption would not be included in the Obama plan under the most recent details released Feb. 10.
Catholic bishops and Republican conservatives have attacked the plan as a violation of religious freedom. Women's reproductive-rights organizations such as Planned Parenthood have praised it as a breakthrough.
Cleary urged alumni to contact their congressional representatives to fight the plan.



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)?  See article from the Wall Street Journal on Calendars below.

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,


February 26, 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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