nothing but a John Doe who gambled and LOST with tacpayor money because his errand boys did not care what the US Supreme Court says.
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.
We conclude that the District Court erred in granting summary judgment in defendants' favor, and should instead have awarded judgment to WD. It is undisputed that defendants denied WD's applications solely because of its ethnic-slur branding. The Supreme Court's recent decision in Matal v. Tam, ––– U.S. ––––, 137 S.Ct. 1744, 198 L.Ed.2d 366 (2017), clarifies that this action amounts to viewpoint discrimination and, if not government speech or otherwise protected, is prohibited by the First Amendment. That the action violates the First Amendment leads directly to the conclusion that defendants also violated WD's equal protection rights and its rights under the New York State Constitution. We find unpersuasive 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.
For these reasons, the District Court's judgment is REVERSED and the cause is REMANDED for the entry of a revised judgment consistent with this opinion.
BACKGROUND 2
Patchogue bar in hot water for taking bets on shootings in NYC, Chicago comes back for Cuomo cash & reminds Pontieri about what Justice Harry Seidel said about Village in disposing of Article 78 brought by Viviane Stambouli
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.
The Cliffton in Patchogue is facing potential penalties for creating a betting pool allowing patrons to pick whether NYC or Chicago will have the most shootings over the Labor Day weekend. Credit: James Carbone
A Patchogue bar is facing harsh criticism from state and local leaders and potential loss of its liquor license after taking bets on whether New York City or Chicago will have the most shooting deaths over the Labor Day weekend.
The Super Bowl-style box was posted on Instagram last week by The Cliffton, a self-professed "dive bar" on East Main Street.
A Suffolk police spokeswoman said the department is also investigating.
Bar patrons could buy four boxes, each with a designated number corresponding with the predicted shooting-death totals. The winner would receive an undisclosed cash prize.
The caption of the Instagram post read: "Let the shooting sprees begin!"
Officials from Gov. Andrew M. Cuomo's office, New York City and Patchogue quickly condemned the game and threatened legal action.
"These reports are repugnant and those responsible for this gambling pool should be ashamed," said Rich Azzopardi, a Cuomo spokesman.
Julia Arredondo, a spokeswoman for New York City Mayor Bill de Blasio, called it “unfathomable that anyone could find joy in the pain of others. While they laugh about the violence our communities are experiencing, we’ll keep doing the work to rebuild and recover.”
The State Liquor Authority said in a statement that the betting pool is "not only sickening, but also appears illegal under the Alcoholic Beverage Control law," which prohibits gambling in businesses with a liquor license.
Members of the liquor authority's multiagency task force said they attempted to conduct an unrelated inspection of The Cliffton this week but were refused entry.
The authority called the bar's refusal "a blatant violation of the law, which alone constitutes grounds for their liquor license to be revoked. This establishment will be charged for the violation we have already observed and can expect to hear from us again.”
State law mandates that all licensed businesses be subject to inspection during business hours by the liquor authority and law enforcement. Refusal to allow an inspection constitutes grounds for revocation of an establishment's business license, officials said.
Brian Neal, owner of The Cliffton, did not respond to requests for comment.
The betting pool showed a "disdain" for human life and was rooted in racism since most fatal shootings in New York City and Chicago occur in minority neighborhoods, said Patchogue Mayor Paul Pontieri.
"We can't tolerate it," he said, adding that the village's Chamber of Commerce was considering removing The Cliffton as a member.
"All it does is raise the angst and anger of others," Pontieri said of the pool. "To be buying a box to see how many people die is something I cannot fathom. It's not who we are as a community."
The controversy is the second this week in Patchogue. On Monday, Cuomo directed the state Division of Human Rights to investigate the display of a Confederate flag on a Brookhaven Fire Department truck during a parade in the village to honor an ill firefighter.
"I don't want the community to be framed like this," Pontieri said. "But there's no answer for stupid people or people who don't have respect for others."
The Long Island Chapter of the Brady Campaign Against Gun Violence also weighed in, urging State Attorney General Letitia James and the FBI to investigate the bar.
The Cliffton is no stranger to controversy. Last year, it faced widespread criticism after posting a picture on Instagram ridiculing a transgender patron. Neal later apologized and called the post "inappropriate."
With Matthew Chayes
Robert Brodsky is a breaking news reporter who has worked at Newsday since 2011. He is a Queens College and American University alum.
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