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The jury will consist entirely of non whites with judicial notice that the race horses and take bets in Ireland on “Easter Sunday”
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Wandering Dago, Inc. v. Destito, No. 16-622 (2d Cir. 2018)
Annotate this CaseWD 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.
Davis Polk's team includes partners Angela Burgess, who co-chairs the firm's white collar defense and investigations group; Greg Andres, whose online bio lists a slew of anti-corruption investigation work; and Martine Beamon, a former federal prosecutor who has advised on allegations of sexual misconduct.
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