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,
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,
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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