deTh to ny pml sec 109 and life to ny const art 1 sec 3
not everything is a federal case but ny const art 1 sec 3 was once good law?
Thanks for the help. The item’s below. I’d be happy to mail you a copy, if you give me a mailing address.
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.
Federal Judge Rules Cuomo, De Blasio Exceeded Authority by Restricting Religious Services While
Condoning Protests& banning the faithful from the holy church of nassau otb and violating their rights secured by ny const art 1 sec 3. remember how the us second circuit left the tire marks of the wandering dago food truck on taxpayors because the second circuit reads us supreme court decisions?
A federal judge on Friday ruled that New York City Mayor Bill de Blasio and Governor Andrew Cuomo violated the Constitution by restricting religious services to stem the spread of the coronavirus while simultaneously condoning mass protests that took place across the state.
U.S. District Judge Gary Sharpe granted a preliminary injunction blocking New York from enforcing its stringent coronavirus restrictions on religious services. The state’s current restrictions require houses of worship to operate at 25 percent capacity and later at 33 percent capacity when New York enters Phase Four of its re-opening plan.
De Blasio issued “simultaneous pro-protest/anti-religious gathering messages” and “actively encouraged participation in protests and openly discouraged religious gatherings and threatened religious worshipers,” the judge said in his order.
“Governor Cuomo and Mayor de Blasio could have just as easily discouraged protests, short of condemning their message, in the name of public health and exercised discretion to suspend enforcement for public safety reasons instead of encouraging what they knew was a flagrant disregard of the outdoor limits and social distancing rules,” Sharpe wrote. “They could have also been silent. But by acting as they did, Governor Cuomo and Mayor de Blasio sent a clear message that mass protests are deserving of preferential treatment.”
Two Catholic priests, Steven Soos and Nicholas Stamos, and three Orthodox Jewish congregants in Brooklyn, Elchanan Perr, Daniel Schonborn, and Mayer Mayerfeld, filed a lawsuit against Cuomo and de Blasio earlier this month, alleging that the state’s response to the coronavirus pandemic violated the constitutional rights of religious New Yorkers. The lawsuit also names state attorney general Letitia James as a defendant.
The lawsuit claims that the governor, mayor, and attorney general violated the First Amendment and due-process rights of the plaintiffs by selectively enforcing pandemic-control measures. Even as mass protests were allowed to take place across the state, people of faith were targeted with threats of criminal prosecution and $1000 fines for violating the restrictions on group gatherings, the suit alleges.
Meanwhile, mass protests have occurred across New York as well as the rest of the country in response to the death of George Floyd. In New York City, groups of protesters much larger than ten people — the limit de Blasio set for non-essential gatherings — have not been broken up by law enforcement, the suit notes. Days after de Blasio spoke at a large protest in Brooklyn, a group of Hasidic Jewish children was kicked out of a park in Williamsburg by a police officer for not abiding by the ten-person limit.
“My message to the Jewish community, and all communities, is this simple: the time for warnings has passed,” de Blasio wrote in an April tweet. “I have instructed the NYPD to proceed immediately to summons or even arrest those who gather in large groups. This is about stopping this disease and saving lives. Period.”
Friday’s order blocks New York from enforcing a capacity limit on outdoor religious services and states that houses of worship are now subject to the same 50 percent capacity limit as businesses. Those who attend religious services must still follow the six-foot social distancing requirement, Sharpe said.
COMMENTS
Thomas More Society special counsel Christopher Ferrara, who represents the plaintiffs, said the state was conducting an “experiment in absolute monarchy” and called on the court to block the “unconstitutional executive orders and their prejudicial enforcement.”
“This decision is an important step toward inhibiting the suddenly emerging trend of exercising absolute monarchy on [the] pretext of public health. What this kind of regime really meant in practice is freedom for me, but not for thee,” Ferrara said in response to Friday’s order.
