Case 1:19-cv-05015-PKC Document 1 Filed 05/30/19 Page 1 of 33 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK PHILLIP G. STECK, THOMAS J. ABINANTI, JOHN T. MCDONALD Ill, PATRICIA K. STECK, JANET LONGO- ABINANTI, AND JOSEPH E, O’BRIEN, Plaintiffs, COMPLAINT ~ against Civil Action No. THOMAS P. DINAPOLI, H. CARL MCCALL, SCOTT STRINGER, WILLIAM C, THOMPSON, JR, and THE STATE OF NEW YORK, Defendants The plaintiffs, Phillip G. Steck, Thomas J. Abinanti, John T. McDonald III, Patricia K. Steck, Janet Longo-Abinanti, and Joseph E. O’Brien, by their attorneys, Cooper Erving & Savage LLP, respectfully allege as follows INTRODUCTION AND JURISDICTIONAL STATEMENT 1, This is a civil rights action brought pursuant to 42 U.S.C. § 1983 and the principles of constitutional law first enunciated in Ex parte Young, 209 U.S. 123 (1908), to redress violations of plaintif’s rights under Article 1, section 10, clause 1, Article 1V, section 4, and the First, Fifth and Fourteenth Amendments to the United States Constitution. 2. Plaintiffs challenge the unique “outside income” rules adopted by the New York State Committee on Legislative and Executive Compensation, an appointed and not elected body, as Violating the aforementioned constitutional provisions. 3. |Novorher Statin the nation has remotely similar “outside ineome” rules, Indeed, the National Conference of State Legislators advised that such rules do not exist at all in any other state.Case 1:19-cv-05015-PKC Document 1 Filed 05/30/19 Page 2 of 33 4, Defendants, their agents and employees have, under the color of state law, subjected plaintiffs to an unlawful interference with plaintifis’ peagefulsexercisejofthieir/Gonstitutionally., scenes atest? “ule somes compared oes sd A Hight 6 de paces fla, volte ‘teense plaintifts and the State of New York (Article 1, section 10, clause 1), and contravened the constitutional requirement that each state have a republican form of government (Article TV, section 4), Property herein refers variously to the plaintiff legislators’ rights as elected officials not to have their State-guaranteed compensation or benefits reduced in the middle of their term of office and/or not to have the value of their law practice or law license or pharmacy license or pharmacy business taken from them or their respective spouses. 5. Deelaratory and injunctive relief is sought against the State of New York because the violations of the First and Fourteenth Amendments are ongoing ad infinitum and apply to all 150 members of the New York State Assembly, all 63 members of the New York State Senate, and fe office in the future. A all persons who may choose to run for New York State legislat significant number of the members of the Legislature are practicing attorneys in addition to vein. macarons Sor 2A ie nals neers 6. ‘The Court has subject matter jurisdiction pursuant to 28 U.S.C. § 1331 (federal question jurisdiction) and 28 U.S.C. § 1343 (civil rights jurisdiction). 7. Venue is properly laid in the Southern District of New York, under the provisions of 28 USC. § 191, UNNResaRSUe omo eng te 2Case 1:19-cv-05015-PKC Document 1 Filed 05/30/19 Page 3 of 33, claims alleged herein occurred within this District, or are located in this District, at least one or more of the defendants reside within this District, and all defendants have offices in this District. PARTIES 8 Atall times relevant to the complaint, plaintiff, Phillip G. Steck, was and still is a resident of the Town of Colonie, County of Albany, State of New York, and a citizen of the United States. 9. Atall times relevant to the complaint, plaintiff Thomas J. Abinanti was and still is a resident of the Town of Mount Pleasant, County of Westchester, State of New York, and is a citizen of the United States, 10, At all times relevant to the complaint, plaintiff John T. McDonald III was and still is a resident of the City of Cohoes, County of Albany, State of New York, and is a citizen of the United States, 11, At all times relevant to the complaint, plaintiff Patricia K. Steck was and still is the spouse of Phillip G, Steck and shares the same residence as him. 12. Atall times relevant to the complaint, plaintiff Janet Longo-Abinanti was and still is the spouse of Thomas J, Abinanti and shares the same re lence as him, 1B At all times relevant to the complaint, plaintiff Joseph E. O'Brien was and still is a resident of the Town of Colonie, County of Albany, State of New York, 14. InNovember, 2018, plaintiff Steck was re-elected 1o his fourth two-year term in the New York State Assembly. He represents the residents of Colonie, Niskayuna, and the City of Schenectady.