October 2021

Minutes
Ohio HBPA Board Meeting
11:00 am, Friday, October 1st, 2021
Ohio HBPA Main Office, Grove City, OH

Members Present:
President Joe Poole Directors: Susan Anderson, Bobby Cline, Mark Doering, Jeff Jarvis, Dick McCall, John Royer, Robin Schuster, Kim Williams

Members Unable to be Present;
Susan Anderson, Bruce Miller, Mike Rone, Kristi Tumblin

Others Present:
Executive Director Dave Basler

Call to Order/ Approval of Minutes:

President Poole called the meeting to order. President Poole moved and Director Cline seconded a motion to approve the minutes of the July 26th, 2021 Ohio HBPA board of directors meeting. Motion passed.

President’s Report

President Poole discussed his opinion that the executive director of the OTBO claiming horses from Ohio tracks was a conflict of interests.

Poole also expressed that he did not believe a three track Ohio year-round circuit was a realistic concept or in the best interests of our members as it would lead to an overall decrease in the number of thoroughbred racing dates in the state and also cause lead to increased shipping and travelling expenses.

Executive Director’s Report:

The executive director updated the board on the latest information regarding the OHBPA’s litigation of the Federal Court case involving retroactive VLT monies owed the horsemen at Belterra Park stating that the prior day the Judge Marbley issued an order denying Belterra Park’s motion to dismiss the Ohio HBPA case against them.

Basler updated the board on the lawsuit filed by the National HBPA and several affiliates challenging the constitutionality of elements of the Horse Racing Safety and Integrity Act in Federal Court stating that the Government had filed a motion to dismiss in the case and the HBPA’s attorneys have filed their response to that motion. Basler also informed the board that a separate lawsuit had been filed in Federal Court by the Attorney General’s offices of Oklahoma, West Virginia and Louisiana challenging the constitutionality of other provisions of HISA and that the USTA and several other groups are also listed as plaintiffs in this suit. Basler further informed the board that the Attorney General’s offices in six additional states including Ohio Attorney General Dave Yost had filed an amicus brief in the case in support of the plaintiffs stating that HISA is unconstitutional on a number of different counts.

Basler updated the board on a recent meeting of the OSRC medication committee stating that he believed moving forward all Lasix administration on race day in Ohio would have to be done at the track which the horse was racing and that amicar was likely to not be allowed for usage on race day moving forward.

New Business:
Purses and Wagering

Basler updated the board on the status of the purse accounts at all three tracks detailing that the balance at Thistledown through the end of June exceeded the balance at the track through the end of June in 2019 which allowed for the purse increase at the track above 2019 levels. Basler detailed that the purse account at Belterra Park through the end of May 2021 was approximately $400,000 ahead of May 2019 at the track. The board asked Basler to press for a small purse increase at Belterra based on those numbers. The purse account at Mahoning Valley from all sources held $2,061,323 through the end of June 2021 over $500,000 more than through the same month in 2019 at the track.

Discussion was held regarding the Ohio Thoroughbred Fund program including its finances and the need for the program to be written out in advance. Director Williams moved and Director McCall seconded a motion that the executive director send a letter to the OSRC asking for their support in enforcing the Thoroughbred Advisory Board recommendation that the entire OTF program for 2022, excluding claiming races, be written out by the racing secretaries by no later than December 1, 2021 as well as in subsequent years. Motion passed.

Budget and Finance
Discussion was held regarding the date of the next Ohio HBPA board of directors meeting with the board determining Thursday, December 2nd,beginning at 11am at the Ohio HBPA main office as the date and time for the next meeting.

Adjournment:

President Poole moved and Director Doering seconded a motion to adjourn. Motion passed.