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First Amendment

Banning food truck because of Italian slur violates First Amendment, suit claims

Posted Sep 3, 2013 5:45 AM CDT
By Debra Cassens Weiss

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The owners of a food truck banned from New York’s statehouse because of its name are claiming a First Amendment violation.

Andrea Loguidice and Brandon Snooks say the name—the Wandering Dago—is a “playful reference” to their own Italian heritage, the Wall Street Journal Law Blog reports. But a state agency denied their application to park their truck at Albany’s Empire State Plaza because the name was deemed offensive, according to the lawsuit (PDF).

The suit also challenges a decision to expel the food truck from the Saratoga Race Course.

The couple is represented by George Carpinello, a partner at Boies, Schiller & Flexner. His previous First Amendment experience included an appeal filed on behalf a brewery that wanted to use a label showing a frog making an obscene gesture, the Law Blog says. A New York-based appeals court ruled on behalf of his client in 1998.

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