NYS Solicitation/ Women's Equality of Earnings-are they related?

New York State Solicitation Laws or No Trespass Rules state that "The definition of criminal solicitation in the First Degree (NY Penal Law 100.13) states, “A person is guilty of criminal solicitation in the first degree when, being over 18 years of age, with the intent that another person under 16 years of age engage in conduct that would constitute a class A felony, he/she solicits, requests, commands, importunes or otherwise attempts to cause such other person to engage in such conduct.” This crime is classified as a class C felony.

Is Petitioning during Election Campaigns consider Solicitation or Trespass? Many assume(what does that make one-take a look at the first 3 letters) that young men and women 18 years of age; who are the petitioners during Campaign Season could be subjected to hostile homeowner-a voter to or signer of the delegate's petition at one's door. Do we consider this a Felony C or D? Women are sometimes the victims of Solicitation crimes when canvassing or simply walking the neighborhood. Some find it interesting to create illusions of "prostitutions" or call out to the petitioner-You're a W_hore-that is defaming. Under normal circumstances; Petitioning is not considered Solicitation or Trespass, but if there is an irate homeowner and they are belligerent or "know" that a Person is petitioning (female) often; unscrupulous behaviors develop, gang like bang em mentality evolves within campaign seasons-that is criminal more so then the other way around.

NYS has yet to enact Equality of Earnings Law within the Governmental Sector-which once enacted (The Maltese Equality of Earnings Law) will close the loop hole that presently exists in New York State where women in the Public Service fields; governmental sector will have the Earnings they are due for their public service. The enactment of this Law will give other Service Industries such as beauty, retail, door to door sale professions protections they need for providing law abiding employment services. With the enactment of the Maltese Equality of Earnings Law-providing retroactive earnings or back earnings for employment services already provided will close the gap on the old world view point that women are seeking fees for prostitution based employment or the mentality thereof and Equality of Earnings will provide protections required for one to receive due compensation for employment services rendered. NYS is still naive believing that I, as a Tenured Public Servant or One that holds a license as a Cosmetologist are unable to control ourselves and our destiny. That old world viewpoint and usage within the McKinney's law books is what is preventing Women from receiving Equality within Employment Sectors-including New York State as an Employer. New York State is the Largest At-Will Employer and if New York State doesn't sign Equality of Earnings Laws (The Maltese Law)-then as women in either the Government or Service Industry professions-we are still viewed as Solicitators.

In 2009-NYS enacted finally after being the 48 State No-Fault Divorce Law eliminating the need for "petitioners" to publicly expose ugly terms of their divorces and to primarily help women leave abusive marriages. The enactment of No-Fault Divorce Law should have provided the means for NYS to enact Equality of Earnings Law-and it hasn't. It's now 2020.

With Covid 19 pandemic parameters impacting Petitioning for the seat; sections pertaining to Election Law requirements-as of March 7, 2020 eliminates Constitutional requirements for non-party political candidates from 37 days to lawfully petition voters which is a Constitutional requirement to be listed on any Political Parties Line on the ballot. In this district-the 12th AD; at times, some homeowners believe Petitioning is a Solicitation or criminal trespass perform outlandish acts to get the petitioner arrested. With Covid 19 Police State Emergency-many candidates including myself-did not ask those just 18 years old to Petition as I'm or their Campaign personally liable for their health and wellbeing-but the Governor and Judicial do not want to grant extended time frames to petition or grant me a line on the ballot as I, petitioned during State of Emergency Pandemic. Suffolk Supreme felt my complaint was frivolous-is breaking the State Constitutional strict interpretation of offering me or any Petitioner registered or notarized to do so-the 37 days Article 6 declares I have?!

Women who petition as either the Candidate or for candidates are sometimes at risk, preyed upon as if we are soliciting like prostitutes-and that is a poor excuse for NYS. During Covid 19 State of Emergency Order's heightened aspects of prostitution treatment-instead of recognizing Political Profession as a Profession within this community. Women in this Community who are either the Elected's or Petitioners have been inappropriately treated during 2020 Campaign Season-by the community and within Judicial. As this 12th NYS Assembly District has been held and is now held once again by a Member that Votes and will Vote against Women's Rights to Equality for over 40 years; women again within State Government being represented as the underdog in a community that "believes in protecting Constitutional rights offered within the Constitution" is Prime. If Voting Members of the Community Believe in the Constitution as they stated to me along the way and in waving their Flags throughout the district-then as a Candidate-when will NYS finally provide Women who live in the district with Constitution Right to Equality of Earnings Law-so that those of us entitled to Back Pay and employed in Suffolk County are paid market rate salaries for the employment provided. It's not really a question-but a sarcastic comment for Governor Andrew Cuomo to finally adhere too-as he mentioned in 2014 State of the State Speech he would do.

The Enactment of Equality of Earnings Law this year is necessary because it is 100 years in the making and over due. With NYS Police State Orders in place because of Covid 19 it's become urgent at this point for the Maltese Women's Equality of Earnings Law to be enacted so that Women of NYS have rights within the NYS State Constitution-without it- we as Women who live and vote in NYS-regionally speaking (in Suffolk County)-our right to Equality of Earnings are being violated. This was a huge aspect of my Legislative Platform for State Assembly 12th AD.

Join me-today and everyday this year 2020-to encourage New York State Legislature to finally make good of their 2014 Promise of retroactive or payback law. With the passage of the Maltese Equality of Earnings Law-women within NYS will have Equality-and a "process for equality or implementation procedures to file claims for vindication when their is a violation of State Law".

If there is no State Law-then there is No State violation Ladies. There is no State Law of Equality of Earnings for NYS and if we allow ourselves to continue to be complacent that Federal rules of our rights are applicable here in NYS-we are setting ourselves up for further Loss.

Check out Women in Law Section-NYS Bar Associations (NYSBA.ORG) upcoming Events and encourage them to join on to Women's Pleas for the Maltese Equality of Earnings Law enactment this year 2020. Email your state legislators NOW and cc. me a copy of your email submissions to maryannmaltese1000@gmail.com or maryann@cowharborrealty.com

Maryann Maltese, is tenured New York State Legislative Employee-Communications Manager-Chief of Staff for 18 years-with 30 years of Campaign Management Experiences for State and Federal Members. Maryann, has been recognized for her public service with NYS Department of Veteran Affairs, NYS Legislature and other Not-for-Profits civic associations. Maryann, is now a licensed Real Estate Associate and Cosmetologist.