HBPA Moves To Protect Horsemen''s Rights
COLUMBUS, OHIO-The Ohio Horsemen’s Benevolent and Protective Association (OHBPA) has filed a complaint in the United States District Court for Southern Ohio challenging the decision of two Ohio thoroughbred race tracks to send simulcast signals to Chester Downs in Pennsylvania without the authorization of the OHBPA as required under the Federal Interstate Horseracing Act of 1978.
The dispute centers on a request by OHBPA for a higher host fee from Chester Downs for being allowed to accept simulcast signals from Beulah Park and River Downs, two tracks in Ohio. The OHBA denied its consent to the two Ohio tracks unless Ohio horsemen and tracks received a 5% fee.
Beulah Park and River Downs requested permission from OHBPA to send simulcast signals to Chester Downs at a 3% fee. OHBPA countered that Chester Downs would still retain a 16% takeout and that a 5% fee was reasonable.
“Beulah Park and River Downs challenged the decision of OHBPA by relying on an Ohio law that allows race tracks to appeal to the Ohio State Racing Commission” said Bob Reeves, Chairman of the OHBPA Purses and Wagering Committee. “Under Ohio law the Commission can overrule the position of a horsemen’s group if it finds that permission to export simulcast signals by a track was ‘unreasonably withheld’. The Commission clearly does not have that authority under Federal law.” At its December 15, 2006 meeting the Ohio State Racing Commission ruled in favor of the challenge by the tracks.
“The Interstate Horseracing Act gives horsemen an inalienable and unchallengeable right to grant or withhold consent for the interstate transmission of simulcast signals.” said Attorney Doug McSwain who will be the lead attorney representing OHBPA in the case. “We believe that the Ohio law is unquestionably unconstitutional in that its application deprives of horsemen everywhere of rights granted under Federal law and the Constitution. The Ohio law violates the supremacy of the United States Constitution, the Interstate Horseracing Act and the expressed will of Congress in exercising its authority under the United States Constitution to regulate interstate commerce.”
“This is a case that will impact horsemen everywhere,” said Jim Yaegel, President of the OHBPA. “Thoroughbred breeders, owners, trainers and their employees have a vital stake in this case.”
|