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HARNESS TRACKS OF AMERICA Executive Newsletter

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<strong>HARNESS</strong> <strong>TRACKS</strong> <strong>OF</strong> <strong>AMERICA</strong><br />

Vernon closed yesterday, as Jeff Gural promised,<br />

and UticaOD.com reported that it may stay closed<br />

until the end of the month, with its 200 winter<br />

employees out of work. State Assemblywoman<br />

RoAnn Destito told the news service that some<br />

committee members still need to be convinced<br />

passage of the bill is the right thing to do. She<br />

said she hopes her colleagues “recognize there is<br />

an urgency here.” Another legislator, state senator<br />

Joseph Griffo, said the negotiating committee<br />

working on the NYRA bill also is considering<br />

the Vernon matter as part of a settlement plan.<br />

Griffo said, “Unfortunately this appears to be<br />

the manner sometimes in which Albany works.<br />

You wait until you’re on the brink, and then<br />

it appears that there is progress. Now they’re<br />

trying to deal with the racing issue collectively,<br />

rather than in segments.”<br />

NYRA, meanwhile, has showed its teeth in what<br />

the New York Post’s Ed Fontaine called “a game<br />

of chicken.” Joe Bruno keeps saying the deal is<br />

done -- his exact words were “It’s not ideal. It’s<br />

a deal” -- and said an announcement would be<br />

made by the deadline for franchise extension on<br />

Wednesday. C. Steven Duncker, chairman of<br />

NYRA, had a slightly different take on the situation.<br />

He said, “Unfortunately, a weekend review<br />

indicated that the franchise discussions are going<br />

backward, not forward. The areas of concern<br />

continue to be the economic model for the<br />

future of racing in New York and governance.<br />

It is essential that the legislation provides<br />

a proper framework to ensure that New<br />

York thoroughbred racing maintains<br />

<strong>Executive</strong> <strong>Newsletter</strong><br />

A daily fax and e-mail report on racing and gaming developments in North America and beyond<br />

Stanley F. Bergstein, Editor<br />

February 12, 2008<br />

THE WORD IS BLEAK<br />

its leadership for the life of the new franchise.<br />

That’s this morning’s status report on the fate The bill does not provide the proper business<br />

of New York thoroughbred and harness racing, model and economic terms that permits NYRA<br />

with Vernon Downs closed for simulcasting and to emerge from bankruptcy, nor does it correct<br />

VLT’s and NYRA promising to be closed Thursday<br />

if a settlement is not reached by tomorrow. ing in New York, a broken model that can only<br />

the broken business model of thoroughbred rac-<br />

worsen and further imperil this industry under<br />

the legislation currently proposed.”<br />

Bruno’s spokesman, Scott Reif, was quoted in<br />

the Post as saying of Duncker’s statement, “We<br />

think it lacks credibility. It’s an example of more<br />

scare tactics. We’re continuing to work with the<br />

Governor and the Assembly to finalize the agreement<br />

and still expect to announce by Wednesday.”<br />

Bruno accused Gov. Eliot Spitzer of “putzing<br />

around” on reorganizing the NYRA board<br />

and added, “If you don’t do something new and<br />

different, shame on us.”<br />

Did you ever try a one-handed handshake?<br />

STATE CAN’T STOP SHUTDOWN<br />

The Troy Record, commenting on the threatened<br />

NYRA shutdown, reported that the New York<br />

State Labor Department cannot stop the action<br />

if NYRA chooses to close. A spokeswoman, Chris<br />

Perham, told the newspaper, “Our hands are tied<br />

if they (NYRA) don’t do what they’re supposed<br />

to. The WARN act (a federal bill that prohibits<br />

shutdowns without 60 days notice) does not contain<br />

any enforcement power for the state Labor<br />

Department.” Ms. Perham said NYRA employees<br />

would have to take action in federal district<br />

court to prevent a NYRA shutdown. A NYRA<br />

spokesman, John Lee, said, “The legal opinion<br />

we’ve received is that the law does not apply to<br />

this situation.” Lee said the state had offered<br />

NYRA another extension beyond Wednesday,<br />

but “we have serious problems with operating<br />

again with another extension.” The ball<br />

passes once again to Joe Bruno’s court.

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