https://docs.justia.com/cases/federal/district-courts/california/cacdce/2:2009cv02435/441396/91
like many lawyers it appears you likely bet on cases with a likely payout
on sunday april 1, 2018 the church of nassau otb was closed when santa anita, golden gate, sunland and gulfstream were running. some of these tracks are in california
felons, infidels, working stiffs, and even sometimes person(s) wearing colurs come to bet or work at nassau otb
counsel for nyc otb ira block opined that ny pml sec 109 and predecessor statutes did not apply to nyc otb, were unconstitutional, and or vague and indefinite.
ny const art 1 sec 3 is not as exalted as the First Amendment
help us fight andrew amazon cuomo who chases wandering dago food trucks off the albany plaza and off the saratoga race course grounds. see second curcuit case
OPEN ON 1ST PALM SUNDAY, OTB RAKES IN $2M
New York City Off-Track Betting made history yesterday, taking bets on Palm Sunday. Since 1973, when Sunday racing was made legal in New York State, race tracks have been allowed to operate every Sunday except for Palm Sunday and Easter Sunday. While Aqueduct kept its doors shut, NYCOTB had its betting parlors open despite a letter from the New York State Racing and Wagering Board stating that it couldn't do so. "We're not a race track," NYCOTB president Ray Casey said. "OTB's business is a simulcasting business.
" Bettors responded by wagering an estimated $2 million yesterday on tracks from around the country, including Keeneland in Kentucky and
Gulfstream Park in Florida. While in the past NYCOTB has respected the law and shut down on Palm Sunday, it took a chance this time because its business is down. "With the weather being the way it's been our handle has been off significantly," Casey said. "Our lawyers felt from their point of view that we could open (yesterday).
Gulfstream Park in Florida. While in the past NYCOTB has respected the law and shut down on Palm Sunday, it took a chance this time because its business is down. "With the weather being the way it's been our handle has been off significantly," Casey said. "Our lawyers felt from their point of view that we could open (yesterday).
" The law says race tracks can't open. It doesn't mention OTBs. "I respect the Racing and Wagering Board and I have the utmost respect for chairman Michael Hoblock but I felt we're right on this one," Casey said. The NYSRWB didn't return phone calls yesterday but said on Saturday it would meet this week to discuss fines and penalties it can impose on NYCOTB. "This isn't personal," Casey said. "I just didn't agree with the board's interpretation.
" Casey also said NYCOTB may open on Easter Sunday.
Thanks for the help. The item’s below. I’d be happy to mail you a copy, if you give me a mailing address.
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.
Easy money.
In response, some members defiantly flaunted the marks while others wore alternative Mongols logos. After further litigation, Judge Cooper would then rule that the Mongols’ marks were not subject to confiscation. In 2009, Ramon Rivera, a Mongols member who had not been charged with a crime, filed a lawsuit with the help of the American Civil Liberties Union.
Mr. Rivera argued that his First Amendment and due process rights had been violated by the order, and asked that law enforcement authorities be blocked from confiscating his property. He ultimately prevailed and was awarded $252,466 in lawyers’ fees.
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Previous settlement cost $68K; additional litigation still underway
ALBANY — One half of the Wandering Dago’s five-year legal saga reached its conclusion, but there’s no end in sight for the other.
The controversially named food truck is back outside the state Capitol, selling lunch, but its owner is still fighting to get her state job back.
In 2013, state officials banned the truck from state property and programs because of its name. (“Dago” is widely considered an ethnic slur against Italian-Americans, but the truck’s owner has insisted it is actually a nod to Italians’ early history in America, when many were day laborers paid “as the day goes.”)
Truck owner Andrea Loguidice mounted a fight in federal court against the ban on freedom of speech grounds, lost an initial ruling, but won on appeal. Earlier this month, part of the cost to taxpayers was revealed, as attorneys for Loguidice and the state submitted paperwork in federal court stipulating the state would pay her attorney $325,000 for legal fees and court costs.
Because the state is represented by the Attorney General’s Office, whose staff would be drawing salary with or without the Dago case, that side of the pricetag is harder to quantify.
Saratoga Race Course faced a similar claim after ousting the Wandering Dago. NYRA later settled that suit for $68,500 without admitting liability.
Attorney George Carpinello of Boies Schiller Flexner said Loguidice wasn’t seeking reimbursement for revenue she lost when she was barred from state property and state programs, just an end of the ban. But he added that she did lose revenue. There are 10,000 potential customers within walking distance, and Wandering Dago missed out on every one of them during its exile, he said.
There’s more money still at stake for Loguidice and for state taxpayers as a result of state officials’ handling of the matter, Carpinello said Monday.
“This is only the end of the first chapter. We still have the second case to adjudicate,” he said, referring to Loguidice’s firing. “It’s really unfortunate that we’re five years into this.”
Loguidice was an attorney working for the state Department of Environmental Conservation when the Wandering Dago controversy boiled over. She was still on probationary status as a new hire, and officially was fired for conflict of interest: Bringing the food truck to a General Electric event while also being involved in legal matters involving General Electric’s dumping of PCBs in the Hudson River.
That’s unfounded for two reasons, Carpinello said. First, a GE property was the site of the event, not the organizer — a third party organized the event. Second, Loguidice was not involved in day-to-day operations of the food truck at that point, on instruction of her supervisors at DEC, though she retained ownership.
The purported conflict of interest is a pretext for punishing her for dubbing her truck Wandering Dago and then fighting back over it, Carpinello said.
“She was fired because of that controversy. Our claim is that she was terminated because she brought the lawsuit.”
In this part of the case, Loguidice is seeking more than legal costs: She also wants to be reinstated, with backpay.
“She would very much like to return to her job,” Carpinello said.
He said he hopes to go to trial soon, but pretrial processes are going slowly.
Loguidice has not practiced law since her firing.
Clarification: An earlier version of this article incorrectly reported that the state would reimburse its owner for $325,000 in legal fees and court costs after losing its attempt to block its operation near the state Capitol. In fact, the state will make that payment directly to her attorney.
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