The Stop The Pork Lawsuit https://groundreport.com/articles.php?id=2875068 by a group of New York taxpayers, including myself ,to end corporate welfare and its funding of eminent domain abuse suffered a setback from a decision by New York State Supreme Court Judge Michael Lynch on February 27th, 2009 http://politicalclassdismissed.com/wp-content/uploads/Decision%20of%20Judge%20Lynch.pdf when he found for the defendants and dismissed the suit.
Our attorney is James Ostrowski of Buffalo, the lead plaintiff is Lee Bordeleau and besides the individual plaintiffs, we were joined by Cohocton Wind Watch LLC www.cohoctonwindwatch.org which is, in the lawsuit’s words, "..devoted to protecting the rights of New York citizens against the encroachments of wind companies that seek to take their land through eminent domain and seek special tax breaks and subsidies at their expense."
The New York State Constitution’s Article7 § 8 prohibits state funds from going to private corporations, individuals or associations, with certain limited exceptions. "The money of the state shall not given or loaned to or in aid of any private corporation or association, or private undertaking; nor shall the credit of the state be given or loaned to or in aid of any individual, or public or private corporation or association, or private undertaking, but the foregoing provisions shall not apply to any fund or property now held or which may hereafter be held by the state for educational, mental health or mental retardation purposes."
Judge Lynch’s decision noted that the defendants conceded the constitutional provision but then went on "The essence of the State’s motion to dismiss is that these appropriations foster the public purpose of economic development and do not violate Article 7 § 8. This court agrees with the State…. The very purpose of the EDSC is to promote the State’s policy of enhancing job opportunities, urban renewal and economic development…"
In other words, the State’s position accepted by the judge is that these appropriations are good public policy. While I would certainly dispute that as a Libertarian, that was not the issue in the lawsuit. The question was whether they violate the constitutional prohibition. I should note that I am not an attorney and these are my own views, not necessarily those of our counsel nor the other plaintiffs.
Judge Lynch ruled that "The State is authorized to provide funding to a public benefit corporation, including ESDC…" If true, it is not relevant. Can the ESDC do what is prohibited to the State?
The Empire State Development Corporation is a State agency with gubernatorial appointees directing it. It is included in the State’s budget. It is the State government and its monies are State monies. Calling it a corporation does not change its character. The decision uses sleight of hand to obscure the real situation.
In other contexts, both Federal and state law seem quite capable of stripping away the names to "pierce the corporate veil."
As a Libertarian, my philosophical position is that the corporate welfare and eminent domain abuse policies are immoral, legalized theft. But I emphasize that is not the position of the lawsuit which rests on New York State Constitutional grounds. Where do opponents of corporate welfare and eminent domain in New York go now?
Attorney James Ostrowski www.politicalclassdismissed.com is seeking funds for an appeal of the Supreme Court’s decision (in New York, this is the lowest level) to the higher courts. New plaintiffs cannot be added but contributions can be made to James Ostrowski, 63 Newport Avenue, Buffalo, New York 14216 noting "Stop The Pork." Contributions are not tax-deductible.
I hope that these efforts are crowned by success, However, I think that what is needed is a revolution at the ballot box. I am active in the Libertarian Party of New York www.ny.lp.org which I formerly chaired. At my behest, the LPNY endorsed the Stop The Pork Lawsuit. Others may pursue options in other parties. The trouble with that is their party colleagues, Republican and Democrat, are both responsible for the legalized theft policies of corporate welfare and eminent domain abuse. Only the Libertarian Party www.lp.org is consistently opposed to the legalized theft. -30-
About the author: Richard Cooper is an international trade executive with a manufacturing firm on Long Island, New York, USA. He is active in the Libertarian Party on eminent domain and other issues. He was chair of the Libertarian Party of New York www.ny.lp.org. He worked with Jim Ostrowski on behalf of the Ron Paul primary campaign in New York.
https://groundreport.com/articles.php?id=2875068 Stop The Pork Lawsuit Combats Corporate Welfare & Eminent Domain Abuse "Many Americans were outraged by the dramatic bailouts in the headlines of late, but fewer seem outraged by the constant flow of corporate welfare at the federal, state and local levels. Some New Yorkers have filed suit against the State of New York, Governor David Paterson, Senate Majority Leader Dean Skelos, and Assembly Speaker Sheldon Silver."
Leave Your Comments