WANDERING DAGO INC v. John Does, 1–5, New York State Office of General Services, New York Racing Association, Inc., Christopher K. Kay, Stephen Travers, State of New York, Defendants.
United States Court of Appeals, Second Circuit.
WANDERING DAGO, INC., Plaintiff–Appellant, v. RoAnn M. DESTITO, Joseph J. Rabito, William F. Bruso, Jr., Aaron Walters, Defendants–Appellees, John Does, 1–5, New York State Office of General Services, New York Racing Association, Inc., Christopher K. Kay, Stephen Travers, State of New York, Defendants.
Docket No. 16-622
Decided: January 03, 2018
Plaintiff-appellant Wandering Dago, Inc., (“WD”) operates a food truck and brands itself and the food it sells with language generally viewed as ethnic slurs. Defendants-appellees (“defendants”)1 are officials within the New York State Office of General Services (“OGS”) who played a part in twice denying WD's applications to participate as a food vendor in the Summer Outdoor Lunch Program (“Lunch Program”), an activity that is organized by OGS and takes place in Albany's Empire State Plaza annually in the summer months. WD contends that defendants violated its rights to free speech and equal protection under the United States Constitution and the New York State Constitution by denying WD's application because of its branding practices.
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