ALBANY, NY – A federal court says it was unconstitutional for New York state officials to ban a food truck called the “Wandering Dago” from the Capitol complex in Albany.

The U.S. Court of Appeals for the Second Circuit ruled Wednesday that the state’s action was “viewpoint discrimination.”

The owners of the food truck sued the state in 2013 after being denied access because the word “dago” is generally understood to be a slur on Italians. The truck operators said it was a tribute to their ancestors.

The Wandering Dago also sued the New York Racing Association after being banned from Saratoga Race Course. The association reached a $68,500 settlement with the truck’s owners in January 2015.

A state Office of General Services spokeswoman says the agency is reviewing Wednesday’s decision.

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