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.
Trump dares Cuomo to run against him in 2020
WASHINGTON – President Trump slammed Gov. Andrew Cuomo Monday on guns, high taxes and dared the Democrat to challenge him for the White House in 2020.
Speaking at a campaign event in Utica, Trump said Cuomo telephoned him and pledged to “never” run against Trump for president.
“But maybe he wants to,” Trump said of Cuomo’s aspirations. “Please do it. Please do it. Please!”
Trump added: “The one thing we know … anybody that runs against Trump suffers. That’s the way it should be.”
Speaking at the rally to support Rep. Claudia Tenney (R-NY) in a tough reelection fight, Trump told supporters Cuomo is the “one reason” New Yorkers have high taxes. The adoring Trump supporters booed.
He also said Cuomo wants to “end your Second Amendment.”
In a statement before Trump’s event, Cuomo said: “Despite being a native New Yorker, since you took office, you have attacked our healthcare, passed a tax law that punished New York in order to fund corporate tax cuts, ripped immigrant New Yorkers from their families, launched an assault on our environment, and undermined the basic values on which this state and this nation were built.”
Trump lamented that his home state had become so “sad,” he was once considering running for governor.
“But I decided to run for president instead,” Trump told the crowd.
No comments:
Post a Comment