Monday, July 15, 2019




NEWS ANALYSIS

Trump Fans the Flames of a Racial Fire & closes the church & ny const art 1 sec 3 like the howling devil who chases the wandering dago food truck,  andrew cuomo


President Trump ritually denies any racial animus or motivations. “I am the least racist person you have ever met,” he has said more than once.CreditErin Schaff/The New York Times

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

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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.



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CreditCreditErin Schaff/The New York Times
WASHINGTON — President Trump woke up on Sunday morning, gazed out at the nation he leads, saw the dry kindling of race relations and decided to throw a match on it. It was not the first time, nor is it likely to be the last. He has a pretty large carton of matches and a ready supply of kerosene.

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.

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.

His Twitter harangue goading Democratic congresswomen of color to “go back” to the country they came from, even though most of them were actually born in the United States, shocked many. But it should have surprised few who have watched the way he has governed a multicultural, multiracial country the last two and a half years.
When it comes to race, Mr. Trump plays with fire like no other president in a century. While others who occupied the White House at times skirted close to or even over the line, finding ways to appeal to the resentments of white Americans with subtle and not-so-subtle appeals, none of them in modern times fanned the flames as overtly, relentlessly and even eagerly as Mr. Trump.
His attack on the Democratic congresswomen came on the same day his administration was threatening mass roundups of immigrants living in the country illegally. And it came just days after he hosted some of the most incendiary right-wing voices on the internet at the White House and vowed to find another way to count citizens separately from noncitizens despite a Supreme Court ruling that blocked him from adding a question to the once-a-decade census.

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