Friday, October 19, 2018

give 'em the nyc otb test


you do not have to be white to discrimate against black bettors et al at nassau otb

ny pml sec 109 is unconstitutional and or does not apply to nassau otb
hint see ny const art 1 sec 3

andrew cuomo chases white eomsn off the albany plaza and out of the saratoga race course grounds
see second circuit decision in the wandering dago food truck case
attirney general candidates look for suckers

put em to the test, ny const art 1 sec 3






Wofford has more cash than James in NY attorney general race  ny const art 1 sec 3


Claude Solnik
Long Island Business News
2150 Smithtown Ave.
Ronkonkoma, NY 11779-7348 

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.
Wofford, a Manhattan attorney, has $400,977 in his campaign account while James, the New York City public advocate, has $383,808, campaign finance reports show.



Republican candidate for attorney general Keith Wofford delivers
Republican candidate for attorney general Keith Wofford delivers his remarks at the New York state Republican Convention, in New York, Thursday, May 24, 2018. Photo Credit: AP/Richard Drew 
ALBANY — Republican Keith Wofford enters the final weeks of his underdog campaign for state attorney general with more money on hand and a TV ad blitz in the can to use against Democrat Letitia James in what polls show is the GOP’s best shot at winning a statewide seat.

Wandering Dago, Inc. v. Destito, No. 16-622 (2d Cir. 2018)

Annotate this Case
Justia Opinion Summary
WD filed suit against OGS, alleging that defendants violated its rights under the First Amendment, the Equal Protection Clause, and the New York State Constitution by denying WD's applications to participate as a food truck vendor in the Lunch Program based on its ethnic-slur branding. The Second Circuit reversed the district court's grant of summary judgment for defendant, holding that defendants' action violated WD's equal protection rights and its rights under the New York State Constitution. In this case, it was undisputed that defendants denied WD's applications solely because of its ethnic-slur branding. In Matal v. Tam, 137 S. Ct. 1744 (2017), the Supreme Court clarified that this action amounted to viewpoint discrimination and, if not government speech or otherwise protected, was prohibited by the First Amendment. The court rejected defendants' argument that their actions were unobjectionable because they were either part of OGS's government speech or permissible regulation of a government contractor's speech.

Wofford, a Manhattan attorney, had $400,977 in his campaign account as of his Oct. 8 financial disclosure report.
James, the New York City public advocate, had $383,808 on hand at a time when Democrats in the heavily Democratic state usually have an advantage. James, however, had to fund a bruising four-way primary, depleting her account.
In the last three months, Wofford received $755,363 in contributions to James’ $320,363, state records show.
Wofford’s campaign has paid $1 million from a recent surge in contributions to a television production company for ads that stress  his Buffalo roots and the need for an independent attorney general rather than one “hand-picked” by the governor.
Wofford’s late spending is the result in part of a lucrative final month of fundraising, including $169,947 collected in a single day, Oct. 1, records show.
The contributions included $25,000 from billionaire investor and philanthropist Kenneth Langone, who also contributed $10,000 in August, records show.
In the campaign, the candidates have accused each other of conflicts of interest.

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