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Monday, June 29, 2020
a muse tonight
NY PML Sec 109 is:
1 unconstiutional, see NY Const Art 1 Sec 3
2 does not apply to Nassau OTB. when you walk into nassau otb to bet an out of state track, you are betting in NY, but the race is outside NY. The statute does not apply.
3 is vague, indefinite, and or overly broad. note I work with two members of the Orthodox Curch as well as many Roman Catholics, and several others.
Nassau OTB sells and cashes NY Lottery tickets. The NY State Lottery operates e ery day of the year.
Perhaps you know an attorney or others with an interest in such things?
I do not know if there may be an attorneys fee statute that would cover such a case.
The case has excellent publicity potential. A favorite California track of NY bettors has run on Roman Catholic Easter Sunday. Th case is meritorious.See NY daily News Article below addressing a statute prior to NY PML Sec 109. NYC OTB went bankrupt about ten years ago.
New York City Off-Track Betting made history yesterday, taking bets on Palm Sunday. Since 1973, when Sunday racing was made legal in New York State, race tracks have been allowed to operate every Sunday except for Palm Sunday and Easter Sunday. While Aqueduct kept its doors shut, NYCOTB had its betting parlors open despite a letter from the New York State Racing and Wagering Board stating that it couldn't do so. "We're not a race track," NYCOTB president Ray Casey said. "OTB's business is a simulcasting business.
" Bettors responded by wagering an estimated $2 million yesterday on tracks from around the country, including Keeneland in Kentucky and Gulfstream Park in Florida. While in the past NYCOTB has respected the law and shut down on Palm Sunday, it took a chance this time because its business is down. "With the weather being the way it's been our handle has been off significantly," Casey said. "Our lawyers felt from their point of view that we could open (yesterday).
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" The law says race tracks can't open. It doesn't mention OTBs. "I respect the Racing and Wagering Board and I have the utmost respect for chairman Michael Hoblock but I felt we're right on this one," Casey said. The NYSRWB didn't return phone calls yesterday but said on Saturday it would meet this week to discuss fines and penalties it can impose on NYCOTB. "This isn't personal," Casey said. "I just didn't agree with the board's interpretation.
" Casey also said NYCOTB may open on Easter Sunday.
Thanks for the help. The item’s below. I’d be happy to mail you a copy, if you give me a mailing address.
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.
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