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.
New York Gov. Cuomo Names New State Economic Czar in charge of ressurrections, crucifixations, disparagement of christians and people that bet horses or believe in ny const art 1 sec 3
Lawyer and publishing executive Eric Gertler selected to lead Empire State Development
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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.
Eric Gertler, a lawyer and publishing executive, said he would continue to develop New York’s innovation economy as Gov. Andrew Cuomo’s new economic development czar.
Mr. Cuomo, a Democrat, announced the appointment of Mr. Gertler as president and CEO of Empire State Development on Monday. He will succeed Howard Zemsky, a real-estate developer from Buffalo who has held the post since 2015.
“We need to ensure that New York state is at the forefront of the innovation economy,which is very much a changing economy, and it has to remain attractive to industry,” Mr. Gertler said in an interview. “We need to continue to invest in those types of jobs.”
Mr. Gertler, who is 56 years old, is executive chairman of U.S. News & World Report and worked as co-publisher of the New York Daily News from 2015 to 2017. He was executive vice president of the New York City Economic Development Corp. and managing director of the Center for Economic Transformation during the administrations of Mayors Michael Bloomberg and Bill de Blasio.
Mr. Gertler has been a member of the ESD board since June 2018, and accompanied Mr. Cuomo earlier this year on a trip to Israel.
Empire State Development administers the state’s marketing and business-development programs, as well as economic-development incentive programs. Mr. Gertler’s nomination must be confirmed by the state Senate.
Mr. Zemsky was a key architect of New York’s bid for Amazon.com Inc. to build a headquarters campus in Queens. The company abandoned its plans this year in the face of legislative opposition. Mr. Zemsky lamented the loss of the Amazon campus; Mr. Gertler called it a “lost opportunity.”
Mr. Cuomo and his aides had been searching for a successor to Mr. Zemsky for several months. Mr. Zemsky will remain as chair of the ESD board, officials said.
Write to Jimmy Vielkind at Jimmy.Vielkind@wsj.com
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