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.
the holy one seeks to expand control, ig irance & stupidity on the stage of fear. imagine how he would have performed during the years of the black death or bubonic plague or even when confronted with a hanta virus containing cabin in a national park?
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 |
vladimir putin reminds andrew that he should not abridge the rights of belivers to bet santa anita et al
why do think trump moved to beclose to tampa bay downs?
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 |
Cuomo declares state of emergency in New York as state coronavirus cases soar to 89
Gov. Andrew Cuomo declared a state of emergency Saturday as the number of coronavirus cases in New York jolted upward, with 89 people now confirmed sick, including 12 in the Big Apple.
One of the new city cases is a 33-year-old Uber driver from the Rockaways who worked on Long Island; he is in isolation in Queens hospital in “serious” condition, Mayor Bill de Blasio said.
Only 10 of the state’s patients are so sick that they are currently hospitalized; the remaining 85 percent are recovering in isolation at home, Cuomo said.
Still, remaining “calm” is not a priority — testing is, he said.
“I’m not urging calm,” Cuomo said, in one of several shots he took Saturday at those who have repeatedly called for calm in the face of recent COVID-19-roiled stock market swings.
“I’m urging reality,” the governor said at a noon press conference in Albany.
“I’m urging a factual response as opposed to an emotional response.”
Saturday’s totals reflect a one-day jump of seven new cases in the city — more than double the tally, five, of the day before.
The Uber driver, who city officials said has an underlying respiratory issue, is being treated at St. John’s Episcopal Hospital in Far Rockaway after apparently contracting the virus during a trip to Italy.
He was not licensed by the city Taxi and Limousine Commission and so drove on Long Island, officials said.
The mayor said other new city cases include:
• The wife and 11-year-old daughter of an Upper West Side man in his 50s who tested positive. “They are currently in mandatory quarantine and are mildly symptomatic.”
• Two Brooklyn women in their 60s and 70s who recently returned from a cruise to Egypt. They are both at home in mandatory quarantine.
• A 30-something man from Brooklyn hospitalized in serious condition after returning from a trip to Italy.
• A Manhattan man in his late 50s, who tested positive “after spending time with a COVID-19 positive person on a recent trip to Chile,” the mayor tweeted. The man is “symptomatic and under mandatory quarantine,” he added.
As of early Saturday, 18 New York City residents are under mandatory quarantine and 2,255 are under voluntary quarantine, the mayor added.
No public school closings had yet been announced in the city, unlike in Westchester, the worst-hit county in New York with 69 total cases, almost all linked to a Midtown lawyerLawrence Garbuz.
The majority of the new Westchester cases are linked to Garbuz, 50, officials said.
The trusts and estates lawyer unwittingly spread the killer bug to his family and synagogue in New Rochelle after apparently picking up the virus while on a mid-February jaunt to Miami.
“Westchester is an obvious problem for us,” Cuomo said. “They talk about the contagion in clusters, and then the clusters tend to infect more and more people.”
Three Jewish day schools, including the Salanter Akiba Riverdale (SAR) Academy in the Bronx, the Westchester Day School in Mamaroneck and the Westchester Torah Academy in White Plains, have been ordered closed.
Nursing homes and senior living facilities in the New Rochelle area will be asked to suspend outside visitors, he said.
“Nursing homes are the most problematic setting for us,” given that the virus is most deadly for elderly and medically compromised patients, Cuomo said.
Map of coronavirus cases in the US
New York’s spike in numbers parallels what’s happening nationwide.
Florida reported the first two deaths on the East Coast, both senior citizens who had recently traveled internationally. Those deaths brought the total toll to 19, including 16 in Washington State and one in California.
The total number of confirmed US cases climbed to 401, as testing ramped up in many states after the federal Centers for Disease Control allowed state and local labs to test locally.
Previously, municipalities across the state had to ship swabbed patient samples to the CDC in Atlanta, then wait days for the results, what Cuomo derided Saturday as a harmful “bottleneck.”
Now, at least 100 tests a day are being processed in labs in Albany and New York City, including at privately contracted labs and hospitals, Manhattan’s New York Presbyterian and Memorial Sloan-Kettering Cancer Center among them.
If the CDC would approve automated testing, a thousand tests a day would be possible, the governor said.
“We want to find positives,” Cuomo said. “People say, ‘Oh, no, more people have it.’ We say that’s good news, that we know who the people are so now we can put them in an isolated situation and they won’t contaminate more people.”
The state of emergency will free up some $40 million for local health departments monitoring thousands of potentially infected people who are self-isolating in their homes, Cuomo said.
The last time a state of emergency was declared in New York was for a blizzard in March of 2017.
Worldwide, the number of confirmed cases reached at least 105,820 Saturday, with 3,558 deaths.
Newly reported cases in China dropped below 100, as cases surged in Europe.
Italy surpassed Iran to become the country with the third-most infected cases, at 5,883.
Desperate to slow the spread, the Italian government is weighing a plan to lockdown the a fourth of its population living in the hard-hit northern Lombardy region, in what would be the most extreme containment effort outside Wuhan, China, the virus’s epicenter.
Italy’s death toll, which reached 233, is the highest of any country outside of China, in part because the nation’s population is older than average. France and Germany also reported large increases in cases, but France has reported only 11 deaths, and Germany none.
Elsewhere in Europe, the tiny Mediterranean island of Malta reported its first case.
Pope Francis, who was tested negative for coronavirus last week, will livestream the Sunday prayers he usually conducts from a window overlooking St. Peter’s Square, to discourage a crowd from gathering.
“These decisions were deemed necessary to avoid the risk of spreading the COVID-19 virus due to the assemblies during security checks required to access the square, as is requested by Italian authorities,” the Vatican said.
Additional reporting by Israel Salas-Rodriquez, Bernadette Hogan, Julia Marsh and Nolan Hicks
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