Even Indians have rights secured by NY Const. Art. 1, Sec. .3

Associated Press

NEW YORK — A federal appeals court has returned to the New York state courts a dispute over whether the Shinnecock Indian tribe should be able to build a casino in the town of Southampton.
A three-judge appeals court in Manhattan issued its ruling Monday by a 2-to-1 vote. It concluded that a federal judge did not have authority to permanently prohibit the Shinnecock tribe from building a casino without complying with state and local law.
Judge Peter Hall wrote in a dissent that the appeals ruling could affect tribes in the appeals court's region: New York, Connecticut and Vermont. He says those tribes subject to state enforcement actions may no longer have the option of a federal forum to resolve those disputes.
Attorneys in the case did not immediately return messages.

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Home > LI Confidential > Stop scratching on holidays

Stop scratching on holidays
Published: June 1, 2012

Off Track Betting in New York State has been racing into a crisis called shrinking revenue. Some people have spitballed a solution: Don’t close on holidays.
New York State Racing Law bars racing on Christmas, Easter and Palm Sunday, and the state has ruled OTBs can’t handle action on those days, even though they could easily broadcast races from out of state.
“You should be able to bet whenever you want,” said Jackson Leeds, a Nassau OTB employee who makes an occasional bet. He added some irrefutable logic: “How is the business going to make money if you’re not open to take people’s bets?”
Elias Tsekerides, president of the Federation of Hellenic Societies of Greater New York, said OTB is open on Greek Orthodox Easter and Palm Sunday.
“I don’t want discrimination,” Tsekerides said. “They close for the Catholics, but open for the Greek Orthodox? It’s either open for all or not open.”
OTB officials have said they lose millions by closing on Palm Sunday alone, with tracks such as Gulfstream, Santa Anita, Turf Paradise and Hawthorne running.
One option: OTBs could just stay open and face the consequences. New York City OTB did just that back in 2003. The handle was about $1.5 million – and OTB was fined $5,000.
Easy money.