andrew cuomo loses when sued
ny pml dec 109 is unconstitutional and or does not apply to nassau otb
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.
Cuomo won’t let all judges officiate weddings — because some were appointed by Trump
Sunday, April 12, 2020
| Track Code | Track Name | Entry | Scratch | 1st Post ET | 1st Post Local | Time Zone | Stakes Race(s) | Stakes Grade | T.V. Indicator |
|---|---|---|---|---|---|---|---|---|---|
| SA | SANTA ANITA PARK | 72 | 48 | 3:00 PM | 12:00 PM | PDT | |||
| SUN | SUNLAND PARK | 168 | 24 | 2:30 PM | 12:30 PM | MDT | Mt. Cristo Rey H. | ||
| TAM | TAMPA BAY DOWNS | 72 | 0 | 12:35 PM | 12:35 PM | EDT |
So much for reaching across the aisle.
Gov. Cuomo just vetoed a bill that would have allowed all federal judges to officiate at weddings in New York — saying he can’t stomach the idea that even some of the jurists might be President Trump appointees.
“I cannot in good conscience support legislation that would authorize such actions by federal judges who are appointed by this federal administration,” Cuomo said in a statement Friday as he shot down the bill — which was passed overwhelmingly by the Democratic-controlled state legislature.
“President Trump does not embody who we are as New Yorkers,’’ the Democratic governor said.
“The cornerstones that built our great state are diversity, tolerance, and inclusion. Based on these reasons, I must veto this bill.”
“The cornerstones that built our great state are diversity, tolerance, and inclusion. Based on these reasons, I must veto this bill.”
Under current New York law, all state judges can preside over weddings in their official capacity — as can the governor, mayors, former mayors, some city and deputy city clerks, local justices, clergy members and any member of the public ordained especially for the occasion.
But only certain federal judges in New York — from the second circuit court of appeals and Southern, Eastern, Northern and Western districts — are eligible to officially preside over the ceremonies. The bill would have expanded that to all New York federal judges, as well as those from out of state.
Cuomo took jabs from both sides of the political aisle over what critics called his petty partisanship.
Democratic state Sen. Liz Krueger of Manhattan told The Post that she helped sponsor the bill because it was a no-brainer.
“Four years ago, we gave the governor the ability to perform marriages. Two years ago, we gave legislators that ability. So when it was suggested to me that we expand it to federal judges, I thought, ‘Why not? The more the merrier!’ ” Krueger said.
“I’m certainly no fan of the judges this president is choosing to appoint, but since any New Yorker can become a minister online for $25 and legally perform weddings, I didn’t consider this to be a major issue.’’
Cuomo’s Republican foes were less diplomatic.
“It’s hard to imagine a more petty, small action from a sitting governor, but that’s Prince Andrew in a nutshell,’’ said Nick Langworthy, chairman of the state Republican Party.
Marc Molinaro, Cuomo’s former GOP opponent for governor and the current Dutchess County executive, called the veto “absurd.”
“Couples can and do make the decision about who should officiate their most special day themselves,’’ Molinaro said. “My gosh, this state allows about any official to be a marriage officer.
One can get a license to marry online.
“Why should a federal judge not have the same ability?”
Albany Law School Professor Vincent Bonventre said that while he generally supports Cuomo and considers “many of President Trump’s nominees to the federal bench … far too ideological and rigidly partisan,’’ the governor’s stated reason for his veto “is utterly unpersuasive.”
The state Assembly passed the bill 148 to 2, while the Senate approved it 61 to 1.
The Trump administration did not respond to a Post request for comment, nor did the governor’s office.
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