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.
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.
Easy money.
but not ad much as kevin mccaffrey hates a challenge
Conservative Tom Gargiulo suspends campaign for Suffolk legislative seat
Tom Gargiulo has suspended his campaign for the Suffolk County Legislature's 14th District seat. Photo Credit: Ed Betz
A Conservative Party candidate for the Suffolk County Legislature who lost his own party's ballot in last month's primary election has suspended his campaign, even though his name will stay on the Democratic ballot line in November.
Tom Gargiulo was designated as candidate for the 14th District as part of a Democratic-Conservative cross-endorsement deal to take on incumbent GOP Legis. Kevin McCaffrey, who had the minor party line in the past. McCaffrey waged a Conservative write-in campaign, winning the June 25 contest 186-146.
Gargiulo’s decision to suspend his campaign came to light after Rich Schaffer, the Suffolk County Democractic chairman, sent an email to party members last week announcing the cancellation of a $150-a-head Gargiulo fundraiser set for July 11 in Lindenhurst.
Schaffer said Gargiulo re-evaluated his campaign after the primary loss diminished his chances of winning on just the Democratic line.
Gargiulo was upset about the harshness of the political attacks during the primary especially on the issue of abortion, which he opposes because of his Catholic faith.
“It really hurt, and it was hard for me,” said Gargiulo, a retired teacher who is active in church work. He said he plans to send a letter to Conservative voters to make clear his stand.
McCaffrey said he has “no regrets” about his campaign, adding that Gargiulo — by accepting the Democratic ballot line — “had to expect some of the splatter” from the party’s liberal stands on such issues as late-term abortion and voting rights for felons.
“I never really wanted to campaign against Tom,” said McCaffrey, who has known Gargiulo for 30 years. “I’m just glad it came to this happy ending.”
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