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State Agency Launches Probe After NY Rink Advertises 'Christian Skate'
Agape Press ^ | June 28, 2006 | Allie Martin and Jenni Parker

Posted on 06/28/2006 1:51:56 PM PDT by Sopater

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To: AmericanChef

The problem seems to me to be more important in its implications than is being discussed. Not only does he need an attorney, he needs an attorney who will go on the offense rather than merely playing a meek defense.

The way I read this, a grocery store might be prosecuted for being intolerant because they advertise that they carry Kosher foods... a product that appeals primarily to a particular religious group? The reality seems to be that the State has itself committed specified offenses in violation of the NY State law against hate crimes:

http://criminaljustice.state.ny.us/legalservices/ch107_hate_crimes_2000.htm

A "specified offense" is an offense defined by any of the following provisions of this chapter: including section 135.60 (coercion in the second degree); section 240.25 (harassment in the first degree); subdivision one, two or four of section 240.30 (aggravated harassment in the second degree); or any attempt or conspiracy to commit any of the foregoing offenses.




http://wings.buffalo.edu/law/bclc/web/NewYork/ny3(a)(1)-.htm

Section 135.60 Coercion in the second degree
A person is guilty of coercion in the second degree when he compels or induces a person to engage in conduct which the latter has a legal right to abstain from engaging in, or to abstain from engaging in conduct in which he has a legal right to engage, by means of instilling in him a fear that, if the demand is not complied with, the actor or another will:

1. Cause physical injury to a person; or
2. Cause damage to property; or
3. Engage in other conduct constituting a crime; or
4. Accuse some person of a crime or cause criminal charges to be instituted against him; or
5. Expose a secret or publicize an asserted fact, whether true or false, tending to subject some person to hatred, contempt or ridicule; or
6. Cause a strike, boycott or other collective labor group action injurious to some person's business; except that such a threat shall not be deemed coercive when the act or omission compelled is for the benefit of the group in whose interest the actor purports to act; or
7. Testify or provide information or withhold testimony or information with respect to another's legal claim or defense; or
8. Use or abuse his position as a public servant by performing some act within or related to his official duties, or by failing or refusing to perform an official duty, in such manner as to affect some person adversely; or
9. Perform any other act which would not in itself materially benefit the actor but which is calculated to harm another person materially with respect to his health, safety, business, calling, career, financial condition, reputation or personal relationships.

Coercion in the second degree is a class A misdemeanor.



http://wings.buffalo.edu/law/bclc/web/NewYork/ny3(b).htm

Section 240.30 Aggravated harassment in the second degree.
A person is guilty of aggravated harassment in the second degree when, with intent to harass, annoy, threaten or alarm another person, he or she:
1. Either (a) communicates with a person, anonymously or otherwise by telephone, or by telegraph, mail or any other form of written communication, in a manner likely to cause annoyance or alarm; or (b) causes a communication to be initiated by mechanical or electronic means or otherwise, with a person, anonymously or otherwise, by telephone, or by telegraph, mail or any other form of written communication, in a manner likely to cause annoyance or alarm; or
2. Makes a telephone call, whether or not a conversation ensues, with no purpose of legitimate communication; or
4. Commits the crime of harassment in the first degree and has previously been convicted of the crime of harassment in the first degree as defined by section 240.25 of this article within the preceding ten years.

Aggravated harassment in the second degree is a class A misdemeanor.


41 posted on 06/28/2006 7:46:20 PM PDT by Sense
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To: Chode

Freep this Poll:

Center of the page.

http://www.recordonline.com/

Do you think Skate Time 209 should be allowed to advertise "Christian skate time?" Related story.
Yes 79.8% (510)

No 20.2% (129)
Total votes: 639


42 posted on 06/28/2006 7:46:45 PM PDT by nycoem
[ Post Reply | Private Reply | To 40 | View Replies]

To: Sopater

The problem seems to me to be more important in its implications than is being discussed. Not only does he need an attorney, he needs an attorney who will go on the offense rather than merely playing a meek defense.

The way I read this, a grocery store might be prosecuted for being intolerant because they advertise that they carry Kosher foods... a product that appeals primarily to a particular religious group? The reality seems to be that the State has itself committed specified offenses in violation of the NY State law against hate crimes:

http://criminaljustice.state.ny.us/legalservices/ch107_hate_crimes_2000.htm

A "specified offense" is an offense defined by any of the following provisions of this chapter: including section 135.60 (coercion in the second degree); section 240.25 (harassment in the first degree); subdivision one, two or four of section 240.30 (aggravated harassment in the second degree); or any attempt or conspiracy to commit any of the foregoing offenses.




http://wings.buffalo.edu/law/bclc/web/NewYork/ny3(a)(1)-.htm

Section 135.60 Coercion in the second degree A person is guilty of coercion in the second degree when he compels or induces a person to engage in conduct which the latter has a legal right to abstain from engaging in, or to abstain from engaging in conduct in which he has a legal right to engage, by means of instilling in him a fear that, if the demand is not complied with, the actor or another will:

1. Cause physical injury to a person; or
2. Cause damage to property; or
3. Engage in other conduct constituting a crime; or
4. Accuse some person of a crime or cause criminal charges to be instituted against him; or
5. Expose a secret or publicize an asserted fact, whether true or false, tending to subject some person to hatred, contempt or ridicule; or
6. Cause a strike, boycott or other collective labor group action injurious to some person's business; except that such a threat shall not be deemed coercive when the act or omission compelled is for the benefit of the group in whose interest the actor purports to act; or
7. Testify or provide information or withhold testimony or information with respect to another's legal claim or defense; or
8. Use or abuse his position as a public servant by performing some act within or related to his official duties, or by failing or refusing to perform an official duty, in such manner as to affect some person adversely; or
9. Perform any other act which would not in itself materially benefit the actor but which is calculated to harm another person materially with respect to his health, safety, business, calling, career, financial condition, reputation or personal relationships.

Coercion in the second degree is a class A misdemeanor.



http://wings.buffalo.edu/law/bclc/web/NewYork/ny3(b).htm

Section 240.30 Aggravated harassment in the second degree.
A person is guilty of aggravated harassment in the second degree when, with intent to harass, annoy, threaten or alarm another person, he or she:
1. Either (a) communicates with a person, anonymously or otherwise by telephone, or by telegraph, mail or any other form of written communication, in a manner likely to cause annoyance or alarm; or (b) causes a communication to be initiated by mechanical or electronic means or otherwise, with a person, anonymously or otherwise, by telephone, or by telegraph, mail or any other form of written communication, in a manner likely to cause annoyance or alarm; or
2. Makes a telephone call, whether or not a conversation ensues, with no purpose of legitimate communication; or
4. Commits the crime of harassment in the first degree and has previously been convicted of the crime of harassment in the first degree as defined by section 240.25 of this article within the preceding ten years.

Aggravated harassment in the second degree is a class A misdemeanor.


43 posted on 06/28/2006 8:00:07 PM PDT by Sense
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To: Sense

Sheesh! These laws are so...high school when you read them, aren't they? Almost like the nerdiest of the picked-on nerds are in charge and are making up all kinds of rules so the football players won't pick on them. Sickening!


44 posted on 06/29/2006 8:46:52 AM PDT by AmericanChef
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