just like the wandering dago food truck andrew cuomoserves cash
Landlord groups planning lawsuit over new NY rent law
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Monday, June 24, 2019
Wandering Dago, Inc. v. Destito
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. View "Wandering Dago, Inc. v. Destito" on Justia Law
Stop scratching on holidays
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.
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. View "Wandering Dago, Inc. v. Destito" on Justia Law
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.
The landlords are revolting.
Two powerful landlord groups are hammering out a new lawsuit that they hope will overturn rent rules signed by Gov. Cuomo last week that make it much harder for owners to raise apartment rents.
The Rent Stabilization Association and the Community Housing Improvement Program have tapped law firm Mayer Brown to file their case in a New York federal court by mid-July, sources told The Post.
It’s unclear whether Cuomo will be named as a defendant, but the case will argue that his new rent law violates owners’ constitutional right against the “unlawful taking of property,” sources said.
Last week, Cuomo sent landlords into a tizzy when he put his signature to a sweeping package of tenant-friendly bills crafted by the Democratic-controlled state Legislature. His refusal to veto it infuriated property moguls including Bill Rudin, Douglas Durst and Richard LeFrak.
The new rules, which mark the biggest overhaul of Empire State rent laws in a generation, affect landlords who oversee about 1.3 million rent-controlled and rent-stabilized apartments.
Among the measures, it rolls back previous rules allowing landlords to bump rents up to 20 percent every time a regulated apartment is turned over.
Developers and landlords are apoplectic over the rent law, saying it will discourage development of new apartments and make it impossible for landlords to pay for maintenance and improvements. They also say the rules will make existing, market-rate units even pricier because no one will ever leave now-permanently stabilized ones.
The head of the Real Estate Board of New York lobbying organization, John Banks, called the legislation a “disaster for New York City.” However, sources said REBNY will sit out the court battle as it prefers to work behind the scenes to soften the law’s impact.
The RSA represents 25,000 city landlords and brokers for 1 million apartments. CHIP reps the owners of 4,000 apartment buildings. Their legal team is expected to be led by Andrew Pincus, an appellate specialist who has filed numerous challenges to government regulations and argued 29 cases before the US Supreme Court.
The Fifth Amendment’s “taking” clause curbs the government’s right to seize private property for its own gain. It also figures prominently in cases arguing hardship caused by various kinds of legislation.
Sources noted that the US Supreme Court on Friday reversed a precedent that made it difficult to file suits in federal courts over state laws violating the Constitution’s “taking” clause.
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