if you too believe f..d is on your side with ny condt art 1 sec 3!get yoursekf a betting john or jane snd sue the clown who chases the eandering dago food truck
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.
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
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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.
Tiffany Cabán would turn Queens into a giant brothel, critics say
With the front-runners in Tuesday’s Queens DA primary vowing to not prosecute hookers — and the leading progressive candidate saying she’ll let johns and pimps walk, too — some critics worry the borough will become the world’s biggest brothel.
Tiffany Cabán, a democratic socialist, has vowed to decriminalize prostitution in the borough and also give a free pass to cathouse owners and customers.
This after a Post series exposed Flushing as the epicenter of sex work in the city — with a string of brothels openly operating on 40th Road and a pipeline that supplies Asian masseuses to rub-and-tug parlors across the country, including to the Florida spas implicated in the Robert Kraft scandal.
Cabán’s stance puts her at odds with two top opponents in the race, Queens Borough President Melinda Katz and former State Supreme Court Judge Greg Lasak.
“Sex traffickers are the ones who we want to target in our investigations. I would prosecute the johns, the customers,” Lasak told The Post. “Without the johns there is no prostitution.”
“I don’t think that’s a good thing,” he said of Cabán’s plan. “I don’t think the people of Queens want that.”
A rep for Katz told The Post she was also in favor of prosecuting johns, though her campaign declined to elaborate.
“Inevitably the market is going to swell” if Cabán’s plan goes through, according to Laura Ramírez, a program coordinator for the Coalition Against Trafficking in Women.
“Queens is going to be the borough for sex tourism in the city,” she said. “That’s the only thing that can happen. It’s just open season.”
Cabán, a former public defender, insisted that sweeping decriminalization was the best way to help sex workers.
“When you criminalize customers, what you actually do is, you’re cutting off economic access for folks who don’t have any other way to support themselves,” Cabán told The Post.
Still, Cabán’s view is not widely shared among rank-and-file Democrats. Some of her supporters have voiced concerns about her stance.
Cabán’s biggest local ally, Rep. Alexandria Ocasio-Cortez, is on record supporting decriminalization, but her team did not respond to repeated requests for comment on prosecuting pimps and johns.
City Comptroller Scott Stringer, who threw in for Cabán last week, declined to take a position on the issue, saying only that he wanted to “push toward decriminalization of sex work.”
“Examining the council’s Queens delegation, it would seem that a majority would trust Katz and her take on the matter,” a City Council insider told The Post.
If Cabán wins and follows through with her plans, she could find herself at odds with the NYPD, which said in a statement that officers have “shifted focus on enforcement operations to target pimps and johns primarily during anti-prostitution investigations and arrests.”
Some women’s-rights activists also denounced Cabán’s plans.
“If you decriminalize the sex trade, you are increasing the demand for that and you have to fill that demand with supply. Who fills that supply?” asked Alexi Ashe Meyers, a former Brooklyn prosecutor.
“What Cabán supports is decriminalizing the entire sex trade,” she added. “By doing this, she is betraying survivors of trafficking.”
Additional reporting by Sara Dorn and Shant Shahrigian
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