2002 - Harness Tracks of America, Inc.
2002 - Harness Tracks of America, Inc.
2002 - Harness Tracks of America, Inc.
Create successful ePaper yourself
Turn your PDF publications into a flip-book with our unique Google optimized e-Paper software.
HARNESS TRACKS OF AMERICA<br />
Executive Newsletter<br />
A daily fax and e-mail report on racing and gaming developments in North <strong>America</strong> and beyond<br />
Stanley F. Bergstein, Editor<br />
TIME RUNNING OUT FOR VEGAS<br />
If you plan to attend the third <strong>Harness</strong> Racing<br />
Congress Feb. 19-22 and stay at the Mirage, the<br />
site <strong>of</strong> the Congress, it is important that you let<br />
HTA know if you have not already done so. Our<br />
room block expires later this month, and once<br />
we release it Mirage rooms will be <strong>of</strong>fered only<br />
on an “if available” basis.<br />
Also, if you wish to avail yourself <strong>of</strong> show tickets<br />
through HTA/USTA, you need to do that soon<br />
too. We are holding ticket blocks for Siegfried<br />
and Roy and Danny Gans at the Mirage, Mystere<br />
at Treasure Island, and EFX Alive at the MGM<br />
Grand. For either theater tickets or room reservations,<br />
contact Sable Downs or Vicki Duraine<br />
at the HTA <strong>of</strong>fice, 520-529-2525.<br />
The full agenda <strong>of</strong> the two general sessions,<br />
Wednesday and Thursday mornings, February<br />
20-21, will be announced here and elsewhere later<br />
this week.<br />
NO PROGRESS IN MARYLAND<br />
That’s yesterday’s report in the Washington Post,<br />
quoting Maryland Jockey Club president Joe<br />
DeFrancis on the dispute between his organization<br />
and thoroughbred interests and Rosecr<strong>of</strong>t<br />
Raceway on crafting an organizational plan for<br />
the future <strong>of</strong> racing in the state. The dispute is<br />
not academic; it could very likely determine<br />
whether the state legislature, which is tired <strong>of</strong> the<br />
deadlock, allocates a $10 million purse supplement<br />
which was provided in 2000 but taken away<br />
in 2001. The General Assembly, which reconvenes<br />
this month, withheld the supplement last<br />
year because <strong>of</strong> industry infighting, and DeFrancis<br />
says no recent progress has been made on simulcasting<br />
and other issues at stake. The<br />
Maryland racing commission also has said<br />
it will impose its will if no compromise solution<br />
is reached.<br />
January 2, <strong>2002</strong><br />
GOOD NEWS GOOD, WHEREVER<br />
Any time racing can get solid positive coverage<br />
these days is welcome, so HTA’s member track<br />
The Meadows near Pittsburgh can have a postholiday<br />
celebration today. Woodene Merriman,<br />
the Pittsburgh Post-Gazette’s food critic, discovered<br />
Triumphs, the Meadows’ <strong>of</strong>f-track betting<br />
site restaurant in West Mifflin over the holidays,<br />
and gave it rave revues in today’s issue <strong>of</strong> the<br />
paper, which has a daily circulation <strong>of</strong> 240,245.<br />
Ms. Merriman, who wrote that she is not a racing<br />
fan, added that you don’t have to know an<br />
exacta from a superfecta, or a daily double from<br />
a twin trifecta, to enjoy the quality <strong>of</strong> the food.<br />
She said she and His Honor, who we assume is<br />
her husband or significant other, found the place<br />
on a Saturday evening in Century Square Plaza<br />
in Pittsburgh, and were surprised and delighted.<br />
She and His Honor liked the beef stew and wedding<br />
soup, and she really touts the chicken cordon<br />
bleu, which she said seemed a little pretentious<br />
and out-<strong>of</strong>-place in an OTB facility, “but<br />
turned out to be an excellent choice. The dinner<br />
cost only $12.95, and James T. Och, the Triumphs<br />
chef who previously worked for Portobello on<br />
Mount Washington and the Ramada in Pittsburgh,<br />
got kudos along with manager Erin<br />
Regan. So if Woodene wasn’t a racing fan, where<br />
did she come up with the lingo? From the<br />
placemats, which educate eaters like her and His<br />
Honor. And, she notes, if you don’t play, you<br />
can always watch CNN on the monitors.<br />
THE BUCK STOPS HERE<br />
As <strong>of</strong> yesterday, all monies won by U.S. horses in<br />
Canada will be converted to U.S. dollars in the<br />
record keeping computers <strong>of</strong> the United States<br />
Trotting Association, ending for now the crediting<br />
<strong>of</strong> those earnings at par. The USTA has a series<br />
<strong>of</strong> questions and answers for those who<br />
think this is complicated or difficult, and they<br />
are recommended reading.
HARNESS TRACKS OF AMERICA<br />
Executive Newsletter<br />
A daily fax and e-mail report on racing and gaming developments in North <strong>America</strong> and beyond<br />
Stanley F. Bergstein, Editor<br />
ROARING GRAND ROARS ON<br />
It is 131 years old now, having aged with the turn<br />
<strong>of</strong> the calendar, but harness racing’s Grand Circuit<br />
roars on, with 17 tracks scheduling Grand Circuit<br />
events in <strong>2002</strong>. Freehold Raceway in New<br />
Jersey kicks <strong>of</strong>f the Circuit with races May 3 to<br />
10, and the beat keeps up all spring, summer and<br />
fall, with the last meeting at Dover Downs in Delaware<br />
November 2-30. Between those season-spanning<br />
dates there will be Grand Circuit racing at<br />
Scioto Downs, the Meadowlands, Hoosier Park,<br />
Goshen Historic, Northfield Park, Pocono Downs,<br />
The Meadows, the Springfield, DuQuoin and Indianapolis<br />
state fairs, Balmoral Park, Mohawk<br />
Raceway, Delaware Ohio, The Red Mile and<br />
Maywood Park.<br />
Also returning in <strong>2002</strong> is the Classic Series for<br />
older trotters and pacers, with $65,000 and $85,000<br />
preliminaries at Dover Downs April 22 and at<br />
Mohawk Raceway May 4, final preliminaries at<br />
the Meadowlands June 1, and $250,000 finals at<br />
both gaits at the Meadowlands June 8.<br />
CHICAGO TALKS DRONE ON<br />
No settlement yet, but negotiations continue in<br />
Chicago today, where a boycott <strong>of</strong> the entry boxes<br />
at Maywood and Balmoral in a dispute over guaranteed<br />
purses has halted live racing for six nights.<br />
Both tracks continue day and night simulcasting.<br />
SANTA ANITA DROPS NY SIMO<br />
Blaming the unpredictability <strong>of</strong> New York weather,<br />
Santa Anita has dropped Aqueduct from its simulcasting<br />
schedule and will rely on signals from its<br />
sister track at Gulfstream Park and from the Fair<br />
Grounds in New Orleans. It also will use Turf<br />
Paradise in Phoenix. The track’s CEO, Jack<br />
Libeau, told Daily Racing Form the Aqueduct<br />
signal may be restored “later in the<br />
year.”<br />
January 3, <strong>2002</strong><br />
WISCONSIN CRACKS DOWN<br />
The state <strong>of</strong> Wisconsin, after a 20-month investigation,<br />
has filed charges against a former greyhound<br />
and kennel owner and his assistant that<br />
could send the pair to jail for up to 85 years. The<br />
charges involve transporting more than 1,000 retired<br />
or unwanted racing greyhounds to their deaths<br />
in medical experiments, for which the pair received<br />
at least $374,000. Scott Scepaniak, the administrator<br />
<strong>of</strong> the Wisconsin Division <strong>of</strong> Gaming, said<br />
former kennel operator Daniel Shonka <strong>of</strong> Cedar<br />
Rapids, Iowa, and his assistant, Heidi Dierks, were<br />
charged with four counts <strong>of</strong> felony theft, three<br />
counts <strong>of</strong> felony theft by fraud and one count <strong>of</strong><br />
racketeering in a criminal complaint filed by the<br />
Wisconsin Department <strong>of</strong> Justice. The pair allegedly<br />
sold dogs that owners thought were still racing<br />
or had been adopted to the Guidant Corporation<br />
<strong>of</strong> St. Paul, Minnesota, a cardiac research facility,<br />
where all died except some 100 that were<br />
rescued during the state investigation in the spring<br />
<strong>of</strong> 2000. Dierks, a former dog hauler for Shonka,<br />
was called “as guilty as her boss” by Scepaniak,<br />
because she knew what was going on and was a<br />
willing participant. Scepaniak called their actions<br />
“horrific” and said the pair received about $400 a<br />
dog for those sold to the research facility.<br />
TWO WEEKS FOR EFX SPECIAL<br />
If you are headed for the <strong>Harness</strong> Racing Congress<br />
and want to see the slambang EFX Alive!<br />
show at the MGM Grand, you have two weeks to<br />
get tickets from HTA. The deadline for our block<br />
<strong>of</strong> tickets to the extravaganza expires then. Tickets<br />
are $70 each for the highly rated show. There<br />
is a later cut<strong>of</strong>f for Siegfried and Roy and Danny<br />
Gans at the Mirage and Mystere at Treasure Island,<br />
next door to the Mirage. For details, call<br />
HTA. Room reservations also need to be made<br />
soon for guaranteed confirmations.
HARNESS TRACKS OF AMERICA<br />
Executive Newsletter<br />
A daily fax and e-mail report on racing and gaming developments in North <strong>America</strong> and beyond<br />
Stanley F. Bergstein, Editor January 4, <strong>2002</strong><br />
HTA’S 2001 NOVA CHAMPIONS 2-year-old filly: CAM SWIFTY, winner <strong>of</strong> 9 <strong>of</strong> 11<br />
The racing secretaries <strong>of</strong> <strong>Harness</strong> <strong>Tracks</strong> <strong>of</strong> races and $599,041, owned by William F. Peshina’s<br />
<strong>America</strong>’s 35 members have chosen their divisional<br />
champions <strong>of</strong> 2001, and the owners <strong>of</strong> their<br />
Royal Wire Products, <strong>Inc</strong>., North Royalton, Ohio.<br />
selections will receive HTA’s bronze Nova awards 3-year-old colt: REAL DESIRE, winner <strong>of</strong> 7 <strong>of</strong> 17<br />
at the Night <strong>of</strong> Stars at the Mirage hotel in Las races and $1,646,036, owned by Robert and Karin<br />
Vegas Feb. 21, closing event <strong>of</strong> this year’s third Burgess, Campbellville, Ontario; George Segal’s<br />
<strong>Harness</strong> Racing Congress.<br />
Brittany Farms, Versailles, KY; and William<br />
Perretti’s Perretti Farms, Cream Ridge, NJ.<br />
The trotting winners are:<br />
2-year-old colt: ANDOVER HALL, winner <strong>of</strong> 8 <strong>of</strong><br />
9 races and $450,920 last year, owned by Erkki<br />
Laakonen <strong>of</strong> Georgetown, Ontario.<br />
2-year-old filly: CAMERON HALL, winner <strong>of</strong> 6<br />
<strong>of</strong> 7 races and $639,426 in 2001, also owned by<br />
Erkki Laakonen.<br />
3-year-old colt: SJ’s CAVIAR, winner <strong>of</strong> 15 <strong>of</strong> 20<br />
races and $1,198,490, owned by Eliezer N.<br />
Solomon, Riviera Beach, MD; Donald L. Bartling,<br />
Timonium, MD; and Ugo Chiola’s Kosmos Horse<br />
Breeders, Littlestown, PA.<br />
3-year-old filly: SYRINX HANOVER, undefeated<br />
in 12 races and winner <strong>of</strong> $1,018,629, owned by<br />
Anthony Pecoraro’s Need to Know Stable, South<br />
Plainfield, NJ.<br />
Older Trotter: VARENNE, winner <strong>of</strong> 2 races and<br />
$750,000 in North <strong>America</strong> in 2001, owned by<br />
Scuderia Dany, Naples, Italy.<br />
The pacing champions are:<br />
2-year-old colt: WESTERN SHOOTER, winner<br />
<strong>of</strong> 9 <strong>of</strong> 14 races and $904,462, owned by the Robert<br />
McIntosh Stables, <strong>Inc</strong>., Windsor,<br />
Ontario; CSX Stables, Liberty Center,<br />
Ohio; and Michael P. Kohler, Sterling<br />
Heights, Michigan.<br />
3-year-old filly: BUNNY LAKE, winner <strong>of</strong> 19 <strong>of</strong><br />
21 races and $1,146,219, owned by Wendy Spring’s<br />
W Springtime Stable, Johnstown, NY.<br />
Older Pacer: GALLO BLUE CHIP, winner <strong>of</strong> 10<br />
<strong>of</strong> 19 races and $1,123,940, owned by Martin<br />
Scharf, Lawrence, NY.<br />
The Horse <strong>of</strong> the Year and Trotter and Pacer <strong>of</strong><br />
the Year, and divisional champions chosen by members<br />
<strong>of</strong> the United States <strong>Harness</strong> Writers Association,<br />
will be named at the Night <strong>of</strong> Stars dinner<br />
Feb. 21. Also honored that night will be Jim Dennis,<br />
Harry Harvey and Catello Manzi, newest inductees<br />
into harness racing’s Hall <strong>of</strong> Fame.<br />
The <strong>Harness</strong> Racing Congress is co-sponsored by<br />
<strong>Harness</strong> <strong>Tracks</strong> <strong>of</strong> <strong>America</strong> and the United States<br />
Trotting Association, and participating organizations<br />
include the United States <strong>Harness</strong> Writers<br />
Association, North <strong>America</strong>n <strong>Harness</strong> Publicists<br />
Association, Hambletonian Society/Breeders<br />
Crown, Standardbred Canada, Racetracks <strong>of</strong><br />
Canada, Association <strong>of</strong> Racing Commissioners<br />
International, <strong>Harness</strong> Horse Youth Foundation,<br />
and Standardbred Investigative Services. For additional<br />
information on registration or reservations,<br />
contact Sable Downs at HTA, 520-529-2525, fax<br />
520-529-3235, e-mail harness@azstarnet.com.
HARNESS TRACKS OF AMERICA<br />
Executive Newsletter<br />
A daily fax and e-mail report on racing and gaming developments in North <strong>America</strong> and beyond<br />
Stanley F. Bergstein, Editor<br />
MORE GOOD NEWS AT THE SPA<br />
HTA’s member Saratoga Equine Sports Center<br />
had more good news over the weekend, when five<br />
committee members <strong>of</strong> the Saratoga County Board<br />
<strong>of</strong> Supervisors voted unanimously to approve VLTs<br />
for the track. The full board, whose new chairman<br />
has put <strong>of</strong>f a scheduled January meeting until February<br />
13, still has to give its approval, but things<br />
are looking up.<br />
Good news in Chicago, too, where horsemen boycotting<br />
the entry box, resulting in the loss <strong>of</strong> 4<br />
nights and 43 races -- came to a settlement with<br />
Maywood and Balmoral Parks. Under the agreement,<br />
the tracks will guarantee $90,000 a night in<br />
purse distribution for the year, with a kick-out<br />
clause if wagering drops by 25% or more a night,<br />
and the horsemen agreed to three 9-horse fields a<br />
night at Maywood Park, at claiming levels no<br />
higher than $12,000. Racing resumed Saturday<br />
night.<br />
MASS. PHONE BETS BY APRIL<br />
It may be no April Fool’s Day this year at HTA’s<br />
Plainridge Racecourse, if Massachusetts Racing<br />
Commission chairman Robert Hutchinson can<br />
keep the advent <strong>of</strong> phone account wagering on<br />
schedule. Hutchinson told Ed Gray <strong>of</strong> the Boston<br />
Herald that he hopes that the way will be cleared<br />
by then for each <strong>of</strong> the state’s four racetracks to<br />
get their own systems underway. Hutchinson said,<br />
“I expect that it will go in for a hearing in the next<br />
30 days and hope to have it in operation on or before<br />
April 1. Everyone’s signed <strong>of</strong>f on it, but we<br />
still have to do the drill.” Under the new legislation,<br />
each track will be able to accept wagers by<br />
phone on all tracks that are <strong>of</strong>fered on its simulcast<br />
menu that day. There will be no change in<br />
premiums paid for intratrack signals in the<br />
state, and pay<strong>of</strong>fs will be the same on account<br />
wagering as at the track.<br />
January 7, <strong>2002</strong><br />
NJ AWAITS SUBSIDY VOTE<br />
The New Jersey Assembly was scheduled to vote<br />
today, on the final voting session before a new legislature<br />
takes over in Trenton, on the $18 million<br />
dollar purse subsidy needed to keep the state’s<br />
tracks competitive. No word at press time.<br />
HOPE, AND SURPRISES, IN KY<br />
Janet Patton, the Lexington Herald-Leader’s<br />
Eclipse award-winning business writer, thinks a<br />
potential $532 million budget shortfall in the state<br />
bodes well for VLTs at tracks in Kentucky. She<br />
thinks the issue is important enough that she hied<br />
herself <strong>of</strong>f to Toronto to see Woodbine, and returned<br />
to write that the biggest winner in racing<br />
these days isn’t Point Given or Storm Cat, Bob<br />
Baffert or D. Wayne Lukas, but Woodbine. Ms.<br />
Patton says the legislative jockeying on the issue<br />
starts tomorrow, and noted that Kentucky’s shrine<br />
<strong>of</strong> purity, Keeneland -- which didn’t even have a<br />
race announcer until they hired harness racing’s<br />
Kurt Becker a few years ago -- now is ready to<br />
accept slots. Track president Nick Nicholson says,<br />
“To say ‘we don’t want it’is no longer a responsible<br />
position to take.” Ms. Patton quoted Kentucky<br />
governor Paul Patton, who said “I normally<br />
don’t make comment on specific bills until I see<br />
them, but I would not be inclined to veto an action<br />
by the General Assembly that they already convinced<br />
me that they have enough votes to pass.”<br />
Whether the Assembly has enough is uncertain,<br />
but Kentucky tracks obviously are starting to lose<br />
their coyness in discussing the matter. Ms.<br />
Patton’s Eclipse, it turns out, will be presented at<br />
the Fountainbleau instead <strong>of</strong> the shiny new Diplomat,<br />
which isn’t ready. We could have warned the<br />
NTRA if asked. HTA was to have met at the Diplomat<br />
in 2001, but switched to 2003 when that spectacular<br />
new twin tower venture wasn’t finished.<br />
It still isn’t, plagued by leaks, embarrassing<br />
since it is owned by the plumbers’ union.
HARNESS TRACKS OF AMERICA<br />
Executive Newsletter<br />
A daily fax and e-mail report on racing and gaming developments in North <strong>America</strong> and beyond<br />
Stanley F. Bergstein, Editor<br />
WAPLES SUSPENDED 30 DAYS<br />
Canada’s leading driver, Randy Waples, who set<br />
new records for races won (550) and money won<br />
by his mounts ($10,636,973) in 2001, has been suspended<br />
from driving for 30 days for verbally abusing<br />
the nation’s second leading driver, and Waples’<br />
chief challenger, Chris Christ<strong>of</strong>orou, in the Woodbine<br />
paddock after a race last month. The Woodbine<br />
Entertaiment Group also fined Waples $500<br />
and placed him on probation for six months.<br />
“GR0WING SLOTS MOMENTUM”<br />
That was the word in Maryland as the General<br />
Assembly began its <strong>2002</strong> session yesterday. Delegate<br />
Howard (Pete) Rawlings once again introduced<br />
his bill for a public referendum on legalizing<br />
slots at the state’s tracks, telling the Baltimore<br />
Sun that “Clearly there’s a growing momentum<br />
for lots. All it does is add gambling where it already<br />
exists. It’s almost like adding keno to the<br />
lottery.” Rawlings acknowledged that the Senate<br />
faces a problem in voting for the measure because<br />
<strong>of</strong> the reelection campaigns <strong>of</strong> a number <strong>of</strong> its<br />
members, but said that attitude “overlooks the<br />
possibility <strong>of</strong> all <strong>of</strong> that money going to help schools<br />
and libraries instead <strong>of</strong> going to Delaware and West<br />
Virginia,” both <strong>of</strong> which have VLTs at their tracks.<br />
“Ultimately,” Rawlings told the paper, “We’re<br />
going to be surrounded by gambling, and we’ll have<br />
to have it. But until we realize it, we’re losing all<br />
this money.”<br />
IT’S SIR DOMINIC NOW<br />
Dominic Frinzi, longtime president <strong>of</strong> <strong>Harness</strong><br />
Horsemen’s International and president <strong>of</strong> the<br />
Milwaukee Italian Community Center, has been<br />
knighted by the Republic <strong>of</strong> Italy. Frinzi, 80, has<br />
been named “cavaliere all-ordine del merito<br />
della Republica Italiana.” A formal knighting<br />
will be in Chicago soon.<br />
January 8, <strong>2002</strong><br />
GET THIS FIRSTHAND IN VEGAS<br />
Today’s London Daily Telegraph carries a major<br />
story on MGM Mirage, the world’s second largest<br />
gaming company, launching a United Kingdom<br />
online sports betting site this summer, calling it<br />
“the first major challenge by the Las Vegas casinos<br />
to British bookmakers.” Attendees at the third<br />
<strong>Harness</strong> Racing Congress at the Mirage in Las<br />
Vegas next month will hear the story firsthand --<br />
and views on the Internet and its role on the future<br />
<strong>of</strong> horse racing -- when J. Terrence Lanni,<br />
president and CEO <strong>of</strong> MGM Mirage, addresses<br />
the general session <strong>of</strong> the Congress on the morning<br />
<strong>of</strong> February 21. If you haven’t already made<br />
your Mirage reservations, contact HTA. And if<br />
you haven’t already made your air reservations,<br />
you might want to do that now too, with special<br />
fares available at online services on the Internet.<br />
COMPLEXITIES OF TAKEOUT<br />
Yesterday’s New York Daily News carried an interesting<br />
story by sports writer Jerry Bossert on<br />
the issue <strong>of</strong> lowering takeout. After writing about<br />
the New York Racing Association’s experiment<br />
with lower takeout at Saratoga Race Course last<br />
summer, Bossert wrote, “Most tracks around the<br />
country haven’t followed NYRA’s lead, but now<br />
might be more inclined to give it a try. However,<br />
as is usually the case in horse racing, it’s not that<br />
simple. Keeneland in Lexington, KY, reduced the<br />
takeout at its fall meet only to see New York City<br />
OTBs refuse to take its signal, arguing the takeout<br />
rates at Keeneland were too low for OTB to<br />
make money. As a result, NYC-OTB took wagers<br />
on an inferior product, primarily Calder Race<br />
Course in Miami. Meanwhile, NYC-OTB is currently<br />
making more money than last year on the<br />
NYRA signal with the reduced takeout, due to the<br />
higher handle. NYRA’s current takeout rate is<br />
14% on straight wagering and 17.5% on<br />
multiple pools.
HARNESS TRACKS OF AMERICA<br />
Executive Newsletter<br />
A daily fax and e-mail report on racing and gaming developments in North <strong>America</strong> and beyond<br />
Stanley F. Bergstein, Editor<br />
FROM JOY TO GLOOM, IN 24 HRS<br />
When the New Jersey state Assembly voted 48-<br />
21 to approve the $18 million purse subsidy bill on<br />
Monday, after the Senate had approved it 27-5<br />
last month, there was joy among horsemen and<br />
management throughout the Garden State. It was<br />
short lived. Yesterday morning, just before leaving<br />
<strong>of</strong>fice at noon, acting governor Don<br />
DiFrancesco exercised a line item veto <strong>of</strong> the purse<br />
subsidy portion <strong>of</strong> the legislation and cut the appropriation<br />
to $6 million. With the total divided<br />
35% to harness purses and 65% to thoroughbreds,<br />
the cut means that harness racing will receive $2.1<br />
million instead <strong>of</strong> $6.3 million, and thoroughbred<br />
racing $3.9 million instead <strong>of</strong> $11.7, and not all <strong>of</strong><br />
that money goes to purses. Some goes directly to<br />
horsemen’s associations, so the net purse boost is<br />
diminished even further. Those cuts underscored<br />
the reticence <strong>of</strong> Bruce Garland, senior executive<br />
vice president <strong>of</strong> the New Jersey Sports and Exposition<br />
Authority, to accept proposed date allocations<br />
at the recent New Jersey Racing Commission<br />
meeting.<br />
GOD ENTERS KY VLT ISSUE<br />
Legislators and the governor will make the final<br />
decision on VLTs at Kentucky racetracks, but representatives<br />
<strong>of</strong> the Lord plan to intervene before<br />
the issue is decided. The Associated Press reports<br />
that church leaders plan to “take to the pulpits” to<br />
stop any attempts to allow tracks in the commonwealth<br />
to have VLTs. The executive director <strong>of</strong><br />
the Council <strong>of</strong> Churches used strong language in<br />
attacking the idea, saying it was “a potential billion<br />
dollar rape <strong>of</strong> Kentucky’s economy” and was<br />
being driven by “pure greed.” She was backed by<br />
the president <strong>of</strong> the Kentucky Baptist Convention,<br />
who promised that Kentucky’s largest Protestant<br />
denomination would protest. He<br />
brought race into the issue, calling the idea<br />
“a redistribution <strong>of</strong> money from nonwhite,<br />
January 9, <strong>2002</strong><br />
noneducated, lower-income people to white, educated,<br />
higher-income people.” Polls show varying<br />
sentiment, depending on whose you consider. One<br />
commissioned by conservative and religious coalition<br />
opponents <strong>of</strong> the idea claims that 64% <strong>of</strong><br />
registered voters oppose allowing VLTs at tracks.<br />
A racing industry poll shows that 60% <strong>of</strong> Kentuckians<br />
support VLTs at tracks if part <strong>of</strong> the money<br />
goes toward social causes. The church groups invited<br />
all 138 Kentucky legislators to a press conference<br />
on the issue yesterday, but according to<br />
the Lexington Herald-Leader “only a handful”<br />
showed up.<br />
TWO GREAT PACERS IN HALL<br />
The outstanding pacing mare Handle With Care<br />
and the brilliant racehorse and sire Western<br />
Hanover have been elected to the Living Horse<br />
Hall <strong>of</strong> Fame. Members <strong>of</strong> the Hall voted the two<br />
into the shrine in annual balloting. Handle With<br />
Care retired in 1975 as the richest and fastest pacing<br />
mare in the sport, having won some <strong>of</strong> the<br />
sport’s major stakes, including the mile and a quarter<br />
International Pace and one mile U.S. Pacing<br />
Championship, against males. Western Hanover,<br />
the 2-year-old pacing colt <strong>of</strong> 1991 and 3-year-old<br />
champion <strong>of</strong> 1992, was retired to Hanover Shoe<br />
Farms in Pennsylvania and last year ranked first<br />
in the sport in money-earnings <strong>of</strong> his 2-year-olds.<br />
Previous great horses voted into the Hall <strong>of</strong> Fame<br />
by its members are the pacers Abercrombie, Albatross,<br />
Artsplace, Cam Fella, Fan Hanover,<br />
Niatross, and On the Road Again, and trotters<br />
Mack Lobell, Peace Corps, Speedy Crown, Super<br />
Bowl and Valley Victory.<br />
JIM MANGO ON VERNON BOARD<br />
Jim Mango, most recently executive vice president<br />
and COO at Pimlico and Laurel, and before<br />
that executive assistant at HTA, has been<br />
named to the board <strong>of</strong> directors <strong>of</strong> Mid-State<br />
Raceway, parent <strong>of</strong> Vernon Downs.
HARNESS TRACKS OF AMERICA<br />
Executive Newsletter<br />
A daily fax and e-mail report on racing and gaming developments in North <strong>America</strong> and beyond<br />
Stanley F. Bergstein, Editor<br />
WEG LOWERS SOME TAKEOUT<br />
Racing fans and bettors at facilities operated by<br />
Woodbine Entertainment Group will receive larger<br />
pay<strong>of</strong>fs on bets on U.S. racing starting next week.<br />
WEG announced it was lowering takeout on exactor<br />
and daily double wagers on foreign race betting<br />
hosted by Woodbine Entertainment by 1% on<br />
that date, as a first step in making those bets more<br />
competitive. “We estimate the reduced takeout<br />
will put $1 million back in the pockets <strong>of</strong> bettors<br />
this year” said Steve Mitchell, Woodbine<br />
Entertainment’s vice president <strong>of</strong> wagering operations.<br />
“Woodbine Entertainment wants to reduce<br />
Canadian takeouts over the next few years to give<br />
more back to our customers who supported us during<br />
those years when we could not afford lower<br />
takeouts.” The reduced takeout will benefit customers<br />
who bet on Woodbine’s most popular simulcast<br />
products, those from Gulfstream Park, the<br />
Meadowlands, New York and California tracks,<br />
and the Fair Grounds.<br />
MAGNA MAKES PHONE MOVE<br />
As expected, Magna Entertainment has filed an<br />
application to conduct account wagering in California,<br />
and says it is ready operationally to start<br />
just as soon as the California horse racing board<br />
clears the way. Magna will use a long-established<br />
harness racing phone betting system, Call-A-Bet<br />
at its Meadows operation in western Pennsylvania,<br />
to launch its account wagering, and Jack<br />
Liebau, president <strong>of</strong> Magna’s three California<br />
tracks at Santa Anita, Golden Gate and Bay Meadows,<br />
told the San Francisco Chronicle that he was<br />
optimistic that the racing board would approve<br />
Magna’s application at its meeting in two weeks.<br />
Playing it low key, Leibau said phone account wagering<br />
“is not the savior <strong>of</strong> racing, but certainly<br />
over time we would assume it would grow<br />
and be helpful.” The Call-A-Bet operation<br />
at The Meadows is long established,<br />
having been in operation at the track since<br />
1983.<br />
January 10, <strong>2002</strong><br />
FREEHOLD 2001 FIGURES UP<br />
HTA member Freehold Raceway, the nation’s oldest<br />
parimutuel harness track, showed gains in both<br />
on-track and simulcast betting last year. Average<br />
daily on-track handle was up 1.84%, and average<br />
daily simulcast numbers were up 7.03%. Total onsite<br />
handle was up by $9.43 million, a gain <strong>of</strong> 5.63%,<br />
and overnight purses at the central New Jersey<br />
daytime operation rose 10.9% last year over 2000.<br />
Richard Orbann, Freehold president and general<br />
manager, said, “It’s tremendously exciting to see<br />
this kind <strong>of</strong> growth, especially coming <strong>of</strong>f such a<br />
solid year in 2000.” Freehold also has become<br />
the home <strong>of</strong> major harness stakes, its 2001 schedule<br />
featuring the $460,926 Cane Pace and $302,206<br />
James B. Dancer Memorial, both for 3-year-old<br />
pacing colts.<br />
SAMMY RISES IN THE PACIFIC<br />
There have been no Elvis sightings reported recently,<br />
but Sammy Davis Jr. will be seen again<br />
soon, his image speeding worldwide online from<br />
the tiny new gambling headquarters <strong>of</strong> the Pacific,<br />
Vanatu. According to interactive gaming News,<br />
Gaming & Entertainment Technology has entered<br />
into an agreement with the LaRoda Group, which<br />
handles Sammy’s estate and licenses his image<br />
and likeness, to develop and brand an online casino<br />
and land-based slot machines carrying<br />
Sammy’s name and visage. LaRoda CEO Barrett<br />
LaRoda says, “Sammy is synonymous with gaming<br />
and Las Vegas, but because legislation is not<br />
passed yet here in <strong>America</strong>, we aren’t looking to<br />
market the play-for-pay casino to the <strong>America</strong>n<br />
public. We are going to wait until legislation<br />
passes, and we believe that it will.”<br />
TOMORROW: VEGAS AGENDA<br />
The agenda <strong>of</strong> the <strong>Harness</strong> Racing Congress<br />
general sessions will appear here and in<br />
HTA’s online Topics tomorrow.
HARNESS TRACKS OF AMERICA<br />
Executive Newsletter<br />
A daily fax and e-mail report on racing and gaming developments in North <strong>America</strong> and beyond<br />
Stanley F. Bergstein, Editor<br />
CONGRESS GENERAL SESSIONS<br />
Here is the agenda for the general sessions <strong>of</strong> the third <strong>Harness</strong><br />
Racing Congress, scheduled for Wednesday and Thursday<br />
mornings, Feb. 20-21, at the Mirage in Las Vegas:<br />
WEDNESDAY, FEBRUARY 20<br />
8-8:20 Welcome and Opening Remarks<br />
David Willmot, President, HTA<br />
Corwin Nixon, President, USTA<br />
8:20-9:00 The Medication Issue: Is There Light At The End<br />
Of The Tunnel?<br />
Lonny T. Powell, President & CEO, Racing Commissioners<br />
International<br />
Alan Foreman, Chairman/CEO, Thoroughbred Horsemen’s<br />
Assn.<br />
9-9:25 Living With The People Who Regulate Your Lives<br />
Bennett Liebman, Albany Law School, former member, New<br />
York State Racing and Wagering Board<br />
9:25-9:55 Making Money Legally Without Losing Your Sanity:<br />
Some Thoughts on Managing in the Racing Industry<br />
Lyle Sussman, Pr<strong>of</strong>essor <strong>of</strong> Management, School <strong>of</strong> Business,<br />
University <strong>of</strong> Louisville<br />
9:55–10:20 The Realities <strong>of</strong> International Simulcasting<br />
Tom Aronson, Senior Vice President, International, Television<br />
Games Network<br />
10:20-10:45 Racing Industry Issues At The Federal Level<br />
James J. Hickey Jr., President, <strong>America</strong>n Horse Council<br />
10:45-11:15 Washington Today, and Some <strong>Harness</strong> Racing<br />
Remembrances<br />
United States Senator Lincoln Chafee, Rhode Island<br />
11:15-Noon Big and Small: What’s Ahead for <strong>Harness</strong> Racing<br />
in the Age <strong>of</strong> the Giants?<br />
John R. Long, President, Churchill Downs Management; Executive<br />
VP & COO, Churchill Downs<br />
Jim McAlpine, President & CEO, Magna Entertainment Corporation<br />
Noon-1:30 Luncheon, All Attendees. Awards Presentations<br />
by U.S. <strong>Harness</strong> Writers Assn.<br />
THURSDAY, FEBRUARY 21<br />
8-8:30 The Internet: Racing’s Bright Future or<br />
Fearsome Threat?<br />
J. Terrence Lanni, Chairman and CEO, MGM Mirage;<br />
Director, Santa Anita and Del Mar Race Course<br />
January 11, <strong>2002</strong><br />
8:30-8:55 The Depth <strong>of</strong> Disaster: The Economic Impact <strong>of</strong><br />
MRLS (Mare Reproductive Loss Syndrome) on <strong>Harness</strong><br />
Horse Breeding in Kentucky in 2001 and Beyond.<br />
Pr<strong>of</strong>essors Bob Lawrence and Richard Thalheimer,<br />
University <strong>of</strong> Louisville Equine Industry Program<br />
8:55-9:20 Database Marketing: How It Has Helped Other<br />
Sports and How It Can Help <strong>Harness</strong> Racing<br />
Philip M. Sugar, CEO, Smart Button Associates, <strong>Inc</strong>.<br />
9:20-9:50 Product Distribution, Interactive Development<br />
and Rewards Programs<br />
Nick Eaves, SeniorVP Marketing, Gaming & Business<br />
Development, Woodbine Entertainment Group<br />
Andrew Macdonald, Director, Business Development,<br />
Woodbine Entertainment Group<br />
9:50-10:10 What About All Those Ladies Who Love<br />
Horses: Have You Given Them Any Thought in Your<br />
Marketing?<br />
Mary Midkiff, author <strong>of</strong> popular books on women and<br />
horses, including the best-selling She Flies Without Wings<br />
10:10-10:55 Lobbying: Relations With The People Who<br />
Write The Laws Governing <strong>Harness</strong> Racing<br />
Steve Bochnak, The Steve Bochnak Firm, Advocate for the<br />
Pari-Mutuel Industry Hector Clouthier, former Member <strong>of</strong><br />
Parliament, now Special Adviser to Prime Minister Jean<br />
Chretien <strong>of</strong> Canada<br />
Norman Towne, Legislative Advocate, Carpenter Snodgrass<br />
Leon Zimmerman, Public Relations, New Jersey SBOA<br />
10:55-11:15 What <strong>Harness</strong> Racing Can Expect in Technology<br />
Before Its Next Congress<br />
Al Bergstein, Product Strategy Group, Micros<strong>of</strong>t Corp.<br />
11:10-Noon Print, Radio and Television Coverage In The<br />
Age <strong>of</strong> Simulcasting<br />
Bill Heller, free-lance racing writer and president, United<br />
States <strong>Harness</strong> Writers Association<br />
Alan Kirshenbaum, co-creator and executive producer <strong>of</strong><br />
the CBS comedy Yes Dear, head writer <strong>of</strong> ABC comedy<br />
Coach, andharness racing owner and driver<br />
Debbie Little, harness writer, New York Post<br />
Rob Longley, harness writer, Toronto Sun<br />
Ken Miller, sports radio host, ESPN affiliate KJNN,<br />
DesMoines, Iowa, and racing secretary, Prairie Meadows<br />
Phil Pikelny, Director <strong>of</strong> New Media, Landmark Broadcasting<br />
Noon-1:30 Luncheon for All Congess Attendees, Awards<br />
Presentations by United States <strong>Harness</strong> Writers<br />
Association.<br />
The Night <strong>of</strong> Stars, honoring the owners <strong>of</strong> the<br />
champion harness horses <strong>of</strong> 2001 and other<br />
dignitaries, starts at 6 p.m. Thursday, Feb. 21.
HARNESS TRACKS OF AMERICA<br />
Executive Newsletter<br />
A daily fax and e-mail report on racing and gaming developments in North <strong>America</strong> and beyond<br />
Stanley F. Bergstein, Editor<br />
SUNY WINS PROXIMITY AWARD<br />
The State University <strong>of</strong> New York at Morrisville’s<br />
program in Equine Science and Management has<br />
been named the <strong>2002</strong> winner <strong>of</strong> the United States<br />
<strong>Harness</strong> Writers’Proximity Award. Named for the<br />
great trotting mare <strong>of</strong> a half century ago, the Proximity<br />
is awarded annually to an individual or organization<br />
that makes a consistent and important<br />
contribution to harness racing. The SUNY-<br />
Morrisville program is the only one in the nation<br />
in which students can focus exclusively on harness<br />
horses, and it <strong>of</strong>fers degrees in equine science and<br />
management and equine racing management. Of<br />
its 200 students, 10 to 15 each year prepare trotters<br />
and pacers for racing across the Northeast,<br />
and the school now conducts a standardbred sale<br />
that has been increasing in quality and importance<br />
each year, growing from a $70,000 gross in its first<br />
year in 1988 to more than $2 million last year. The<br />
program is housed in a new Equine Breeding and<br />
Training center that includes a 34,000-square foot<br />
facility and a separate 80-acre equine center with<br />
a half mile harness training track. Associate Pr<strong>of</strong>essor<br />
<strong>of</strong> Equine Science Bill Maddison will accept<br />
the Proximity Award at harness racing’s Night<br />
<strong>of</strong> Stars at the Mirage in Las Vegas February 21.<br />
IT’S UNCONSTITUTIONAL; SO?<br />
The Sixth Circuit U.S. Court <strong>of</strong> Appeals in Cincinnati<br />
has ruled, in a 2-1 decision, that the city <strong>of</strong><br />
Detroit violated the United States Constitution in<br />
giving preferential treatment when it awarded two<br />
casino licenses. The suit was brought by the Lac<br />
Vieux Desert Band <strong>of</strong> Lake Superior Chippewa<br />
Indians, and the federal judge who heard the case<br />
upheld the Detroit ordinance. The Appeals Court<br />
has overturned his decision and remanded the case<br />
back to the lower court for further consideration.<br />
Both companies that were awarded the licenses<br />
are operating casinos.<br />
January 14, <strong>2002</strong><br />
What happens next is anyone’s guess. The two<br />
casinos involved, Greektown Casino and Atwater<br />
Entertainment Associates, which partnered with the<br />
Mandalay Resort Group <strong>of</strong> Las Vegas, both helped<br />
place initiatives on the city ballot, then organized<br />
support for the statewide referendum. Detroit’s<br />
city ordinance stated that preference should be<br />
given in awarding licenses to developers who<br />
“made significant contributions by actively promoting<br />
and significantly supporting” the ballot initiatives.<br />
The Lac Vieux argued this discriminated<br />
against the tribe for failing to take a politically<br />
correct position in the initiative debate, and the<br />
federal appeals court agreed with them. The court<br />
said the city effectively ended the high stakes competition<br />
for the casino licenses before it began, and<br />
concluded, “This we cannot allow. Barring governments<br />
from endorsing or punishing political<br />
activity, or the lack <strong>of</strong> it, is among the paramount<br />
functions <strong>of</strong> the First Amendment’s Free Speech<br />
Clause.”<br />
WEG ROLLS ON: NET IS NEXT<br />
Bouyed by a record year in which overall handle<br />
rose 11.1% to $1.35 billion, the Woodbine Entertainment<br />
Group has announced it hopes to have<br />
Internet betting available for patrons “within six<br />
months.” WEG and HTA president David Willmot<br />
said “the enabling regulations are very close,”<br />
noting that the Canadian Pari-Mutuel Association<br />
has agreed that the concept <strong>of</strong> other electronic<br />
devices is exactly the same as betting over a telephone<br />
line, which WEG has been doing for a number<br />
<strong>of</strong> years. Willmot said it was important to establish<br />
legal Internet wagering to counteract illegal<br />
<strong>of</strong>f-shore sports books. Elsewhere, more good<br />
news. In New Jersey, the Meadowlands and<br />
Monmouth set on-site betting records and handled<br />
a total <strong>of</strong> $1.575 billion from all sources, paying<br />
$99.9 million in purse money, and in Quebec<br />
Hippodrome de Montreal was up 3.12% in<br />
total handle.
HARNESS TRACKS OF AMERICA<br />
Executive Newsletter<br />
A daily fax and e-mail report on racing and gaming developments in North <strong>America</strong> and beyond<br />
Stanley F. Bergstein, Editor<br />
HOPES & REALITIES GALORE<br />
Everybody wants VLTs, but everyone isn’t going<br />
to get them. Here’s today’s roundup <strong>of</strong> hopes and<br />
realities:<br />
In Maryland, the sponsor <strong>of</strong> a proposal for a constitutional<br />
amendment that would allow slots at<br />
tracks acknowledges that it won’t make it to the<br />
starting gate, given the election-year politicking<br />
facing members <strong>of</strong> the General Assembly. The<br />
bill, as written, would be exempt from a gubernatorial<br />
veto, but its sponsor, Howard P. Rawlings,<br />
chairman <strong>of</strong> the House Appropriations Committee,<br />
told the The Capital in Annapolis that “it is important<br />
to lay out the parameters <strong>of</strong> this discussion”<br />
even if its chances are slim or none this year. The<br />
Senate president, Thomas V. Mike Miller Jr.,<br />
called the bill “a futile gesture” but said ultimately<br />
legalized casino-style gambling in Maryland is “inevitable.”<br />
In Kentucky, casino gambling got a boost from<br />
Larry Dale Keeling, editorial writer for the Lexington<br />
Herald-Leader. He endorsed the idea “for<br />
purely practical reasons. It is fiscal insanity for<br />
this state to sit idly by while hundreds <strong>of</strong> millions<br />
<strong>of</strong> Kentucky dollars flow into neighboring states’<br />
economies and treasuries.” Kentucky’s Speaker<br />
<strong>of</strong> the House, Jody Richards, said in a joint news<br />
conference with the Senate President, David Williams,<br />
that if VLTs come to tracks in Kentucky<br />
“someone would have to police it...some state entity”<br />
and Williams added that it would probably be<br />
the Kentucky Lottery board. He said it was very<br />
doubtful that a separate commission would be<br />
formed. Both Richards and Williams said slot<br />
machines could be legalized only after a constitutional<br />
amendment, not by an ordinary bill, and<br />
added that they did not see much enthusiasm<br />
for the issue in their respective chambers.<br />
Editorialist Keeling had a view on this.<br />
He wrote that until last week he was “one <strong>of</strong><br />
January 15, <strong>2002</strong><br />
those naive souls who thought the only way expanded<br />
gambling legislation would get through the<br />
<strong>2002</strong> General Assembly was in the form <strong>of</strong> a constitutional<br />
amendment” and that was conventional<br />
wisdom, but that “conventional wisdom ignores<br />
the reality that, to the true moralists and the falsely<br />
pious (those who think gambling is a sin only if<br />
their church doesn’t get a cut <strong>of</strong> the action) a vote<br />
for an amendment is the same as a vote to plop<br />
down a Caesar’s Palace clone in every Kentucky<br />
schoolyard. Said vote condemns said legislator to<br />
an eternity without air conditioning or cool, refreshing<br />
beverages. And if (horrors) Kentucky voters<br />
reject the amendment anyway, said legislator loses<br />
any chance <strong>of</strong> buying himself/herself out <strong>of</strong> purgatory<br />
by bringing home a piece <strong>of</strong> the bacon that an<br />
estimated $300 million in extra revenue might<br />
buy.” Keeling went on to write that a mass shunning<br />
by legislators <strong>of</strong> an invitation to an anti-gambling<br />
meeting (138 were invited and 2 attended)<br />
led him to the conclusion that the dynamics <strong>of</strong> the<br />
gambling debate changed drastically when the budgetary<br />
good times ended, and that legislators now<br />
feel statutory approval is far preferable to constitutional<br />
revision.<br />
In New Hampshire, the House Ways and Means<br />
committee is reviewing nine gambling-related bills<br />
today, including one that would authorize VLTs at<br />
both dog and horse tracks. Rockingham Park GM<br />
Ed Callahan thinks numerous legislators are in<br />
favor <strong>of</strong> that measure, “but when you have 400 <strong>of</strong><br />
them, sometimes it gets a little difficult.”<br />
In Pennsylvania, the Pittsburgh Post-Gazette again<br />
editorially supported track VLTs, saying “the time<br />
is right” for the state to expand gambling at the<br />
state’s four racetracks, since “Pennsylvanians will<br />
spend as much as $3 billion on gaming in neighboring<br />
states” this year.
HARNESS TRACKS OF AMERICA<br />
Executive Newsletter<br />
A daily fax and e-mail report on racing and gaming developments in North <strong>America</strong> and beyond<br />
Stanley F. Bergstein, Editor<br />
HOLMES WINS MESSENGER<br />
Jane Holmes, whose pioneering, exceptional efforts<br />
in unifying horse racing in Ontario paved the<br />
way for the remarkable gains in the province in<br />
recent years, is the winner <strong>of</strong> <strong>Harness</strong> <strong>Tracks</strong> <strong>of</strong><br />
<strong>America</strong>’s Stanley F. Bergstein Messenger Award<br />
for <strong>2002</strong>, the highest honor bestowed by the association<br />
<strong>of</strong> 35 harness racing operations in North<br />
<strong>America</strong>.<br />
Ms. Holmes is the Executive Director and founding<br />
force <strong>of</strong> OHRIA, the Ontario Horse Racing<br />
Industry Association, unique in North <strong>America</strong> as<br />
an organization that represents both harness racing<br />
and thoroughbred racing interests in governmental<br />
and other relations.<br />
January 16, <strong>2002</strong><br />
ANOTHER STRONACH TRACK?<br />
Racing writer Dave Joseph, reporting in the Ft.<br />
Lauderdale Sun-Sentinel, says Frank Stronach<br />
has had “preliminary discussions” with city <strong>of</strong>ficials<br />
in Ocala, in the heart <strong>of</strong> Florida’s horse country,<br />
about building a track and entertainment center<br />
there. Although discussions are in an early<br />
state, the chairman <strong>of</strong> the Ocala Breeders Sales,<br />
Norman Casse, says there is a possibility that the<br />
company, which holds the only racing permit in<br />
Marion county, where Ocala is located, might work<br />
out some sort <strong>of</strong> partnership with Stronach, who<br />
owns more than 3,000 acres <strong>of</strong> land in the Ocala<br />
area. Mike Amsden, a member <strong>of</strong> Ocala’s city<br />
council, said he believes Stronach’s plans include<br />
making the site a tourist destination.<br />
Ms. Holmes joined OHRIA after 15 years <strong>of</strong> management,<br />
consulting and strategic planning experience<br />
in both the public and private sectors. She<br />
graduated from the University <strong>of</strong> Waterloo with a<br />
Bachelor <strong>of</strong> Environmental Studies, Honors Geography,<br />
in 1979.<br />
Since she joined OHRIA as founding director in<br />
July, 1995, her efforts were largely responsible for<br />
the horse racing industry receiving a pari-mutuel<br />
tax reduction and the implementation <strong>of</strong> slot machines<br />
at Ontario tracks. She negotiated the 20%<br />
industry slot revenue share, and ensured all 18<br />
racetracks in Ontario the opportunity to participate<br />
in the slot program, which has had a huge<br />
positive impact on breeding, racing and purse distribution<br />
in the province. Her tireless efforts in<br />
creating crossbreed cooperation won her the Canadian<br />
Gaming Industry Award <strong>of</strong> Excellence for<br />
Horse Racing in 1999. Her bronze and marble<br />
Messenger trophy, fashioned by noted sculptress<br />
Lisa Perry, will be presented at the Night<br />
<strong>of</strong> Stars awards dinner Thursday, Feb. 21,<br />
at the Mirage in Las Vegas, closing event<br />
<strong>of</strong> the third <strong>Harness</strong> Racing Congress.<br />
JACOBS GETS COLONIAL OK<br />
Colonial Holdings shareholders have approved the<br />
acquisition <strong>of</strong> the company by Gameco <strong>Inc</strong>., a private<br />
entity owned by Jeffrey P. Jacobs, who is<br />
Colonial’s chairman and CEO. Gameco plans to<br />
close on the transaction by February, and Colonial<br />
Downs would become a privately held subsidiary<br />
<strong>of</strong> Gameco, under the sole ownership <strong>of</strong><br />
Jacobs.<br />
KANSAS GOV ENDORSES SLOTS<br />
Although legislators say chances <strong>of</strong> approval are<br />
slim, the governor <strong>of</strong> Kansas, Bill Graves, has<br />
endorsed the idea <strong>of</strong> slots at tracks. “Limiting slots<br />
to pari-mutuel facilities is what I believe would be<br />
the appropriate policy for the state <strong>of</strong> Kansas,”<br />
Groves told the Associated Press.<br />
ROSENBUSH MOVES UP AT DRF<br />
Rich Rosenbush, who has been executive editor<br />
<strong>of</strong> Daily Racing Form, has been named Editor-in-<br />
Chief by chairman and publisher Steve Crist.<br />
Charles Hayward, president and COO,<br />
takes over as chief executive editor.
HARNESS TRACKS OF AMERICA<br />
Executive Newsletter<br />
A daily fax and e-mail report on racing and gaming developments in North <strong>America</strong> and beyond<br />
Stanley F. Bergstein, Editor<br />
INDIANA SUBSIDY VOTE NEAR<br />
The chairman <strong>of</strong> the Ways and Means committee<br />
<strong>of</strong> the Indiana House has told the Indianapolis Star<br />
that he expects a vote within two weeks on House<br />
Bill 1004, which if passed would transfer $10 million<br />
<strong>of</strong> the $26 million track subsidy from riverboat<br />
casino admissions to the general fund. Riverboat<br />
casino admissions might be raised from $3 to $5,<br />
but that would not <strong>of</strong>fset the track subsidy loss<br />
since the additional $2 admission tax also would<br />
go to the state’s general fund. Also in the legislative<br />
hopper is Senate bill 333, which could affect<br />
revenues by legalizing dockside gaming and pull<br />
tabs, a form <strong>of</strong> VLTs, at tracks and OTBs.<br />
$1 MILLION GRAND SLAM BACK<br />
You’ve probably seen the car commercial running<br />
these days that says, “Not that you would but you<br />
could.” It applies to harness racing again this year,<br />
with two $1,000,000 bonuses on the line for a 3-<br />
year-old trotter or pacer that can win all four <strong>of</strong><br />
the sport’s Grand Slam events. For pacers the<br />
tests are the $1.2 million (Canadian) North <strong>America</strong><br />
Cup at Woodbine, the $1 million Meadowlands Pace<br />
at the Meadowlands, the $640,000 Little Brown<br />
Jug at Delaware, Ohio, and the $500,000 Breeders<br />
Crown at Woodbine. The hurdles for trotters<br />
are the $1.2 million Hambletonian at the Meadowlands;<br />
the $520,000 World Trotting Derby at the<br />
DuQuoin, Illinois; the $400,000 Kentucky Futurity<br />
at the Red Mile in Lexington; and the $500,000<br />
Breeders Crown at Woodbine. Although the Grand<br />
Slam is only a year old, its degree <strong>of</strong> difficulty is<br />
formidable. No trotter or pacer to date, pre-Grand<br />
Slam or since its introduction, has been able to<br />
win all four races involved. That should be comforting<br />
to the Royal Surplus Lines Insurance company<br />
that writes the policy, but this is another<br />
year, and hope springs eternal within the<br />
human (owner’s) breast.<br />
January 17, <strong>2002</strong><br />
SCORE ANOTHER FOR SIS<br />
Most <strong>of</strong> its accomplishments are registered without<br />
press or fanfare, but the solid work <strong>of</strong> Standardbred<br />
Investigative Services produces benefits<br />
for harness racing day by day. One came to light<br />
yesterday with a release from the U.S. Department<br />
<strong>of</strong> Justice, <strong>of</strong>fice <strong>of</strong> the United States Attorney,<br />
Eastern District <strong>of</strong> Michigan. It was a story<br />
on David F. Novak <strong>of</strong> Livonia, Michigan, who entered<br />
a guilty plea on the second day <strong>of</strong> his jury<br />
trial in federal court in Detroit on charges <strong>of</strong> illegally<br />
selling prescription human and animal drugs<br />
to an undercover investigator. “The investigator,”<br />
the release said, “was actually employed by Standardbred<br />
Investigative Services, a private organization<br />
dedicated to maintaining the integrity and<br />
security <strong>of</strong> horse racing and is funded by the horse<br />
racing industry. The year and a half long investigation<br />
was conducted by the Food and Drug Administration,<br />
Office <strong>of</strong> Criminal Investigation, with<br />
the assistance <strong>of</strong> Standardbred Investigative Services<br />
and Michigan’s Office <strong>of</strong> the Racing Commissioner.”<br />
SIS is jointly funded by USTA and<br />
HTA. Novak will be sentenced in April, and faces<br />
up to three years imprisonment, followed by one<br />
year <strong>of</strong> supervised release.<br />
BIG A WANTS 2,500 VLTS<br />
In an interesting juxtaposition <strong>of</strong> approaches, the<br />
New York Racing Association is asking for 2,500<br />
VLTs for its Aqueduct operation, and simultaneously<br />
campaigning against Saratoga Equine<br />
Sports Center getting them in what could be a battle<br />
for survival in Saratoga Springs. Suddenly deeply<br />
concerned with traffic, restaurants and hotels in<br />
Saratoga in the month <strong>of</strong> August, when NYRA’s<br />
Saratoga operation is jamming the town, NYRA<br />
president Barry Schwartz is worried that VLTs at<br />
the Equine Center “would be a nightmare.” What<br />
about the other 11 months <strong>of</strong> the year when<br />
NYRA’s not there? Would you go for that,<br />
Barry?
HARNESS TRACKS OF AMERICA<br />
Executive Newsletter<br />
A daily fax and e-mail report on racing and gaming developments in North <strong>America</strong> and beyond<br />
Stanley F. Bergstein, Editor<br />
$2.1 MILLION UP IN SMOKE?<br />
When Bruce Garland <strong>of</strong> the Meadowlands appeared<br />
before the New Jersey Racing Commission<br />
last month in a date hearing, he told the commission<br />
that he could not agree to the proposed<br />
allocation because there was no certainty that $18<br />
million in purse supplement legislation would be<br />
enacted. Shortly after, acting governor Donald<br />
DiFrancesco used a line item veto to reduce the<br />
supplement from $18 million to $6 million. Now, in<br />
another blink <strong>of</strong> the eye, it appears those millions<br />
are gone entirely, as New Jersey’s new governor,<br />
James McGreevey, started his regime by announcing<br />
draconian cuts, saying he was not bound by<br />
lame duck actions <strong>of</strong> his predecessor and was stopping<br />
all discretionary spending in the state. New<br />
Jersey faces a $2.8 billion shortfall, and<br />
McGreevey says reducing it will be<br />
“an agonizing prospect.” It appears that harness<br />
horsemen at the Meadowlands will have to share<br />
the agony, and purses will certainly have to be<br />
slashed in the face <strong>of</strong> the loss <strong>of</strong> the $2.1 million<br />
subsidy.<br />
MAGNA LAUNCHES XPRESSBET<br />
Using a good old harness track and harness racing<br />
service as the platform, Magna Entertainment<br />
announced today that it is launching XpressBet<br />
account wagering, using the old Call-A-Bet system<br />
at its Meadows track in Pennsylvania. It also<br />
announced Call-A-Bet will be renamed XpressBet.<br />
Part <strong>of</strong> the new system will be a multi-million dollar<br />
installation <strong>of</strong> speech recognition technolog<br />
provided by VeCommerce Limited, the Australian<br />
firm that services TAB in Australia. The system<br />
combines VeCommerce’s own multimedia platform,<br />
FirstContact, with what the company calls “the<br />
world’s best natural language speech recognition<br />
engine from Nuance Communications.”<br />
With it, consumers will simply phone their<br />
bets direct to the Meadows site.<br />
January 18, <strong>2002</strong><br />
HOOF IN MOUTH DISEASE IN NH<br />
We have no idea who the next governor <strong>of</strong> New<br />
Hampshire will be, but if it is the Republican contender<br />
Gordon Humphrey the state is in for some<br />
interesting times ahead. While testifying this<br />
week before the House Ways and Means Committee<br />
there, Humphrey called gambling “a<br />
scummy, sleazy enterprise that has no place in this<br />
state.” The Telegraph in Nashua, which reported<br />
the slur, said that Dave DeLisle, president <strong>of</strong> the<br />
New Hampshire Thoroughbred Breeders Association,<br />
followed Humphrey to the microphone and<br />
said he found the candidate’s remarks “absolutely<br />
unconscionable and unbelievable.” Yesterday Ed<br />
Callahan, vice president and GM at New<br />
Hampshire’s Rockingham Park, demanded an<br />
apology from Humphrey. Callahan said all 6,000<br />
people involved in the gambling industry in the<br />
state were “outraged and insulted” by the<br />
candidate’s remarks.<br />
WILLIAM HILL BIDS U.S. ADIEU<br />
British gambling giant William Hill has decided to<br />
give up the colonies. In a letter to U.S. customers<br />
signed by Jamie Hart, Sportsbook Director, the<br />
bookmaker said they were writing “because you<br />
have an account with William Hill Sportsbook and<br />
your registered address indicates that you are resident<br />
in the United States. Due to the continuing<br />
uncertainty <strong>of</strong> the legality <strong>of</strong> sports wagering over<br />
the Internet by U.S. residents, William Hill has<br />
decided to stop accepting such wagers with effect<br />
from 31st January.” The letter went on to say the<br />
decision does not affect U.S. citizens who are resident<br />
outside the United States, nor does it affect<br />
the William Hill casinos, “which will continue to<br />
accept wagers from U.S. residents.” After 5 a.m.<br />
Jan. 31, no deposits or bets on sports and racing<br />
will be accepted, and “any bets placed prior to<br />
that time will be settled in the normal way,”<br />
and balances can be withdrawn.
HARNESS TRACKS OF AMERICA<br />
Executive Newsletter<br />
A daily fax and e-mail report on racing and gaming developments in North <strong>America</strong> and beyond<br />
Stanley F. Bergstein, Editor<br />
BIG M: NO PURSE CUTS NOW<br />
The Meadowlands, faced with the prospect <strong>of</strong> the<br />
loss <strong>of</strong> $2.1 million in state purse subsidies, says it<br />
has no intention <strong>of</strong> changing the purse structure<br />
for its races at this time. Because previous harness<br />
racing purse supplements were allocated in<br />
such a way that there were no marked fluctuations<br />
in purses, the track feels confident it can maintain<br />
its current harness racing purse structure if business<br />
remains relatively steady.<br />
MGM MIRAGE SEEKS CHICAGO<br />
Well, not the whole city, but at least the casino<br />
that will serve it. The Chicago Tribune reports the<br />
Las Vegas company has <strong>of</strong>fered some $615 million<br />
to buy out the owners <strong>of</strong> Emerald Casino, the<br />
company that has been beleaguered in its efforts<br />
to complete its casino in Rosemont, a Chicago suburb<br />
near Arlington Park. Emerald ran into difficulty<br />
with licensing because <strong>of</strong> allegations <strong>of</strong> ties<br />
to organized crime and charges that top <strong>of</strong>ficials<br />
made misleading statements to state regulators.<br />
If the MGM Mirage <strong>of</strong>fer is approved, it could<br />
settle pending lawsuits and administrative appeals,<br />
but it has a way to go. Another lawsuit filed by<br />
billionaire Marvin Davis and a group <strong>of</strong> Lake<br />
county investors challenges Emerald’s legal standing<br />
to hold the license. MGM Mirage’s intention<br />
to bid for the license originally was announced in<br />
July, but was deemed unacceptable by the Gaming<br />
Board as then constituted. A new director, Philip<br />
Parenti, was named in August. Antigambling interests<br />
and political hopefuls have opposed the MGM<br />
Mirage <strong>of</strong>fer. The Tribune was unable to reach<br />
Emerald <strong>of</strong>ficials over the weekend, and MGM<br />
Mirage declined to comment on its <strong>of</strong>fer. But the<br />
paper said the <strong>of</strong>fer “creates a potential windfall<br />
for minority and female shareholders, who by law<br />
have to hold 20% <strong>of</strong> the casino. Under the<br />
new <strong>of</strong>fer, they will have an opportunity to<br />
buy back in.<br />
MGM Mirage’s chairman and CEO, J. Terrence<br />
Lanni, will address the <strong>Harness</strong> Racing Congress<br />
at the Mirage on Thursday morning, Feb. 21, on<br />
Internet wagering. The company’s Online division<br />
hasn’t gone live yet with its casino on the Isle <strong>of</strong><br />
Man <strong>of</strong>f Britain, but meanwhile it is applying for a<br />
bookmaker’s license in the United Kingdom somewhere<br />
outside <strong>of</strong> London, according to Interactive<br />
Gaming News. Bill Hornbuckle, the president <strong>of</strong><br />
the company, says the casino and the sports book<br />
will be linked <strong>of</strong>f a portal, much the way Ladbrokes<br />
operates its gaming sites. “There will be a central<br />
portal,” Hornbuckle said, “and you’ll go to either<br />
the sports site in the U.K. or for games you’ll be<br />
put <strong>of</strong>f into the Isle <strong>of</strong> Man.” Hornbuckle is looking<br />
for an <strong>of</strong>fice site this month, and based on which<br />
township he decides to locate in, he’ll then apply<br />
for the license. When issued, MGM Mirage Online<br />
will launch its Web site. The company originally<br />
considered partnering with Ladbrokes or another<br />
large bookmaker in the United Kingdom, according<br />
to IGN, but decided to go it alone. Concerning<br />
that, Hornbuckle said, “We clearly understand<br />
bookmaking and risk management assessment; we<br />
just need to acquire some local knowledge and we<br />
think that’s accessible to us.” He also said the<br />
company plans fixed-odds betting, and will focus<br />
for now on the international scene where Internet<br />
gambling is legal for, but would “absolutely” move<br />
its servers to the United States should online gaming<br />
be legalized here.<br />
KING RACE AT POMPANO PARK<br />
To commemorate Martin Luther King Jr. Day today,<br />
Pompano Park will hold a race in his name<br />
tonight featuring African-<strong>America</strong>n drivers only.<br />
Competing will be Floridians Hank Hayward,<br />
Ode11 Thompson, Allen Johnson, Jeff Porter, and<br />
Dewayne Minor, Chris Williams from Pennsylvania,<br />
Dave Howard from Freehold in New<br />
Jersey and Randy Tharps from Northfield<br />
Park near Cleveland.
HARNESS TRACKS OF AMERICA<br />
Executive Newsletter<br />
A daily fax and e-mail report on racing and gaming developments in North <strong>America</strong> and beyond<br />
Stanley F. Bergstein, Editor<br />
BOUCHARD DRIVER OF YEAR<br />
Stephane Bouchard, a 35-year-old native <strong>of</strong> Quebec<br />
now living in Little Ferry, NJ, and racing primarily<br />
at Yonkers Raceway in New York, has won<br />
harness racing’s most difficult award for driving,<br />
<strong>Harness</strong> <strong>Tracks</strong> <strong>of</strong> <strong>America</strong>’s Driver <strong>of</strong> the Year.<br />
January 22, <strong>2002</strong><br />
John Campbell, harness racing’s all-time moneywinning<br />
leader with more than $200 million won by<br />
his mounts, finished 10 th , leading the continent in<br />
money winnings for the 14 th time with $14,184,863,<br />
but failing to make the top 25 in percentage standings.<br />
Based on races won, money won and in-the-money<br />
percentage, the competition requires a driver to<br />
finish in the top 25 in North <strong>America</strong> in all three<br />
categories. Last year, <strong>of</strong> 5,591 drivers who raced<br />
in the United States and Canada, only 5 were able<br />
to accomplish that goal.<br />
Under the HTA formula, 25 points are awarded<br />
for finishing first in each <strong>of</strong> the three categories,<br />
down to 1 for finishing 25 th , with a 25-point bonus<br />
awarded for finishing in the top 25 in all three.<br />
Bouchard was 2d on the continent in races won<br />
with 753 winning drives, 14 th in money won by his<br />
mounts with $5,090,468, and 6 th in percentage<br />
standings, finishing first, second or third in more<br />
than half <strong>of</strong> the 3,411 races in which he drove.<br />
The percentage statistic was remarkable in view<br />
<strong>of</strong> the fact that Bouchard’s 3,411 drives in 2001<br />
were the most <strong>of</strong> any driver in North <strong>America</strong> last<br />
year, making him the busiest as well as the highest<br />
ranking in the sport.<br />
Bouchard’s accomplishments earned him 81 points.<br />
Chris Christ<strong>of</strong>orou, Ontario’s brilliant 30-year-old<br />
standout, and his archrival Randy Waples, finished<br />
in a dead heat for second with 77 points, their totals<br />
as close as their annual competition for top<br />
honors on the highly competitive circuit at Woodbine<br />
in Toronto and Mohawk Raceway in<br />
Campbellville, Ontario. Sylvain Filion, another<br />
Quebec star, finished fourth with 76 points,<br />
and the western Pennsylvania perennial<br />
leader Dave Palone, HTA’s Driver <strong>of</strong> the<br />
Year in 1999 and 2000, rounded out the top<br />
five with 72 points.<br />
Bouchard, who spent his formative years driving<br />
in Canada, Italy, Germany and Florida, has been<br />
around horses all his life. His father was a barrel<br />
racer, and Stephane began competing in rodeos in<br />
Quebec when he was only 10 years old. He spent<br />
his first years at Hippodrome de Montreal, working<br />
for trainer Pierre Touchette, and then for<br />
trainer Paul Gauthier. When Gauthier died, his<br />
wife gave Bouchard her husband’s green and white<br />
silks, and those have been his colors ever since.<br />
He rose steadily from 1989 on, and in 2000 he<br />
burst into prominence at Yonkers, winning 671<br />
races to finish second in the U.S and Canada, and<br />
was named Rising Star <strong>of</strong> the Year by the U.S.<br />
<strong>Harness</strong> Writers Association. Last year he rose<br />
to the top. His Driver <strong>of</strong> the Year trophy will be<br />
presented during the Night <strong>of</strong> Stars at the <strong>Harness</strong><br />
Racing Congress in Las Vegas Thursday<br />
night, February 21.<br />
The top 10 in 2001:<br />
Wins $$ Av. Pts<br />
1. Stephane Bouchard 753 $5,090,468 .354 81<br />
2. Chris Christ<strong>of</strong>orou 622 9,570,998 .326 77<br />
2. Randy Waples 550 10,636,348 .323 77<br />
4. Sylvain Filion 463 5,830,873 .352 76<br />
5. Dave Palone 642 3,493,971 .389 72<br />
6. Walter Case 801 3,248,964 .417 49<br />
7. Brian Sears 485 3,008,946 .359 38<br />
8. David Miller 457 10,551,102 .286 36<br />
9.Luc Ouellette 378 10,006,054 .278 28<br />
9.John Campbell<br />
340 14,184,863 .300 28
HARNESS TRACKS OF AMERICA<br />
Executive Newsletter<br />
A daily fax and e-mail report on racing and gaming developments in North <strong>America</strong> and beyond<br />
Stanley F. Bergstein, Editor<br />
HTA HONORS FOUR STARS<br />
Four <strong>of</strong> harness racing’s truly high achievers, who<br />
have contributed much to the sport, will be honored<br />
by <strong>Harness</strong> <strong>Tracks</strong> <strong>of</strong> <strong>America</strong> at the Night<br />
<strong>of</strong> Stars gala at the Mirage in Las Vegas February<br />
21, concluding event <strong>of</strong> the third <strong>Harness</strong> Racing<br />
Congress.<br />
The four are Ellen Taylor, executive director <strong>of</strong><br />
the <strong>Harness</strong> Horse Youth Foundation; Ellen<br />
Harvey, executive director, and Gen Sullivan,<br />
manager <strong>of</strong> media relations, <strong>of</strong> <strong>Harness</strong> Racing<br />
Communications; and David Carr, director <strong>of</strong> information<br />
and research at the United States Trotting<br />
Association.<br />
Ms. Taylor and Mr. Carr will receive HTA’s Distinguished<br />
Service Medals for exceptional service<br />
to the sport and industry. Ms. Harvey and Ms.<br />
Sullivan will receive the association’s Dan Patch<br />
award for exceptional media, publicity and public<br />
relations contributions to harness racing.<br />
Ellen Taylor has been the inexhaustible driving<br />
force behind not only the Youth Foundation but its<br />
<strong>Harness</strong> Racing Youth Camps. From the HHYF<br />
<strong>of</strong>fices in Carmel, Indiana, she introduced the<br />
Foundation’s popular <strong>Harness</strong> Heroes cards, has<br />
developed and guided its many important and<br />
worthwhile projects, and organized, scheduled and<br />
supervised the Youth Camps and their educational<br />
program, first suggested by noted owner Mal<br />
Burroughs. Five <strong>of</strong> the camps will be held again at<br />
HTA tracks next summer. Stan Bergstein, HTA<br />
vice president, said, “If it had not been for Ellen<br />
Taylor, there would have been no Youth Camps.<br />
Her work has been inspirational for the youngsters<br />
who attended them, and one <strong>of</strong> the most significant<br />
programs in the sport. The daughter<br />
<strong>of</strong> Dick Taylor, a well-known harness<br />
horse trainer, and <strong>of</strong> a mother who spent a<br />
lifetime working in the sport, no one knows<br />
more about it or works harder on its behalf.”<br />
January 23, <strong>2002</strong><br />
Ellen Harvey and Gen Sullivan’s <strong>Harness</strong> Racing<br />
Communications <strong>of</strong>fice in Colt’s Neck, New Jersey,<br />
a division <strong>of</strong> the United States Trotting Association,<br />
provides the hub for distribution <strong>of</strong> news<br />
<strong>of</strong> harness racing to national media and local outlets<br />
across the country. Their work has lifted servicing<br />
<strong>of</strong> news and features to press associations<br />
and print, radio and television media, and has included<br />
magazine features on the sport in a wide<br />
array <strong>of</strong> magazines. Both talented writers, the pair<br />
has contributed significantly to press relations<br />
nationally and internationally.<br />
David Carr is the failsafe go-to guy at USTA for<br />
information, statistics and data generated by the<br />
organization’s computer system. Paul Estok,<br />
HTA’s staff counsel and executive assistant, said<br />
<strong>of</strong> Carr’s efforts, “He is an always reliable, consistent<br />
and constant source <strong>of</strong> information, and he<br />
provides it quickly, accurately and cheerfully. He<br />
is a hugely valuable asset for the sport and he has<br />
contributed materially to the creation and maintenance<br />
<strong>of</strong> HTA projects and our computerized database.”<br />
LOSSES AND BETTER NEWS<br />
Joe Toscano, whose racing career spanned 50<br />
years and 20 tracks in both harness and thoroughbred<br />
racing, including service at the Meadowlands<br />
and Garden State Park, died on Jan. 15. Joe was<br />
one <strong>of</strong> the sport’s good guys, and HTA sends its<br />
condolences to his widow Rita and his two daughters<br />
in Medford, NJ. In another loss, world renowned<br />
tournament bridge champion Norman Kay,<br />
a prominent harness horse owner whose best horse<br />
was the New York free-for-aller Mr. Karamea, died<br />
at 74, and our sympathy to his wife Judy and their<br />
son and daughter.<br />
On a happier note, both former HTA president<br />
Earle Palmer Brown and the sport’s irrepressible<br />
super salesman, Chuck Bowen,<br />
are recovering from physical setbacks.
HARNESS TRACKS OF AMERICA<br />
Executive Newsletter<br />
A daily fax and e-mail report on racing and gaming developments in North <strong>America</strong> and beyond<br />
Stanley F. Bergstein, Editor<br />
NEVER MIND TYSON AND LEWIS<br />
Racing is getting physical these days, and Tyson<br />
and Lewis aren’t the only guys scuffling, shoving<br />
and swinging. Down in Tallahassee, where video<br />
gaming at tracks is a major issue as elsewhere, a<br />
Battle <strong>of</strong> the Bathroom developed when Jack<br />
Cory, a lobbyist for dog and horse breeders, and<br />
Pat Rooney, 63-year-old owner <strong>of</strong> the Palm Beach<br />
Kennel Club, part owner <strong>of</strong> the Pittsburgh Steelers,<br />
and brother <strong>of</strong> Tim Rooney <strong>of</strong> Yonkers Raceway,<br />
had a vigorous go-round in a men’s room near the<br />
House committee room where a hearing on VLTs<br />
was underway. According to the Miami Herald,<br />
Cory apparently was <strong>of</strong>fended by a remark Rooney<br />
made at the meeting, and confronted him in a hallway.<br />
Brian Ballard, Rooney’s lobbyist, said, “Cory<br />
knocked Pat into the men’s room and then he<br />
grabbed at him again. Pat is just hopeful that the<br />
next time he comes to Tallahassee he doesn’t get<br />
accosted in the men’s room.” Cory, who also got<br />
into a brawl with Senator Tom Lee in the closing<br />
week <strong>of</strong> the 1999 legislative session, said <strong>of</strong> his<br />
confrontation with Rooney, “We are very volatile,<br />
excitable Irishmen who communicate their feelings<br />
to each other.”<br />
In Maryland, meanwhile, in what the Washington<br />
Post said “may have been a new low in terms <strong>of</strong><br />
divisiveness and acrimony,” members <strong>of</strong> the<br />
Maryland Racing Commission clashed verbally.<br />
After member John Franzone bitterly lambasted<br />
Laurel Park and its general counsel and treasurer,<br />
Martin Jacobs, at one point calling the track “a<br />
monstrosity,” Franzone’s fellow commission member,<br />
John McDaniel, said, “You better go testify<br />
over there on the side (<strong>of</strong> the horsemen), Mr.<br />
Franzone, if you want to argue (their case).” At<br />
issue was the schedule <strong>of</strong> racing days at Colonial<br />
Downs, which the Maryland Jockey Club<br />
manages. Horsemen want them in September,<br />
the MJC wants them in July-August,<br />
as in 2001.<br />
January 24, <strong>2002</strong><br />
WEST VA. CHAIRMAN OUT<br />
There were no arguments, apparently on this one.<br />
The tax and revenue secretary <strong>of</strong> the state <strong>of</strong> West<br />
Virginia, says he asked the chairman <strong>of</strong> the state<br />
racing commission, Bob Burke, to resign after an<br />
internal investigation involving Burke placing bets<br />
over the telephone at state racetracks, and Burke<br />
did. Burke has been a member <strong>of</strong> the racing commission<br />
for 13 years and chairman for 9. Brian<br />
Kastick, the tax and revenue secretary, told the<br />
Charleston Gazette, “We looked into the matter<br />
when it was brought to my attention. I thought it<br />
was the right thing to ask him to resign. It’s time<br />
for him to move on.” Burke told the paper, “I just<br />
wanted to hang it up.” He said his greatest accomplishment<br />
was the addition <strong>of</strong> video lottery<br />
machines to the tracks, noting that the state’s racing<br />
industry was producing only $11 million in revenue<br />
when he joined the commission in 1989, and<br />
that it would reach $300 million next year.<br />
HORSEMEN JOIN THE BATTLE<br />
<strong>Harness</strong> horsemen are speaking out in the <strong>2002</strong><br />
version <strong>of</strong> the Battle <strong>of</strong> Saratoga, and have a new<br />
ally: the Saratoga County Farm Bureau. Mickey<br />
McGivern, one <strong>of</strong> the most successful <strong>of</strong> the<br />
Saratoga Equine Sports Center’s horsemen, told<br />
the Albany Times-Union that without VLTs “it is<br />
very unlikely we’re going to be able to field full<br />
cards,” particularly if Yonkers Raceway, Vernon<br />
Downs and Monticello get them. The battle is far<br />
from over, however, even though the press has<br />
been reporting that the Saratoga county commissioners<br />
will approve VLTs for the track when they<br />
meet February 13. One commissioner, Anthony<br />
(Skip) Scirocco, is urging people from Saratoga<br />
Springs to come to a public meeting January 29<br />
and voice their opinions. Scirocco is unhappy with<br />
the state law legalizing the machines, saying the<br />
legislation was unfair and “the city should<br />
have received a share.”
HARNESS TRACKS OF AMERICA<br />
Executive Newsletter<br />
A daily fax and e-mail report on racing and gaming developments in North <strong>America</strong> and beyond<br />
Stanley F. Bergstein, Editor<br />
MAGNA, TVG GET CAL OKS<br />
In action that surprised some skeptical observers<br />
who doubted that California phone betting would<br />
progress this fast, the California Horse Racing<br />
Board yesterday approved applications by<br />
XpressBet, a division <strong>of</strong> Magna Entertainment,<br />
and Television Games Network to operate advanced<br />
deposit wagering systems in-state. The<br />
systems will enable account holders to legally wager<br />
on races run in California and other jurisdictions<br />
by phone. The XpressBet license was granted<br />
for two years, TVG’s for this year only. Magna’s<br />
television will be launched soon, and will be <strong>of</strong>fered<br />
free on satellite TV through the end <strong>of</strong> February,<br />
when a charge will be imposed for subscribers.<br />
TVG already is in place, <strong>of</strong> course, and seen<br />
in some 700,000 homes in California on the Dish<br />
network. Board concern over cannibalization presumably<br />
played a role in the differential in license<br />
duration. Two commissioners, William Bianco and<br />
television producer Alan Landsburg, voted against<br />
the Magna license. TVG’s approval was unanimous,<br />
7-0.<br />
Because Magna and TVG were unable to reach<br />
accord, those account holders wishing to bet on<br />
Santa Anita, Golden Gate Fields, Bay Meadows,<br />
and harness racing at Capitol Racing at Cal Expo<br />
and out-<strong>of</strong>-state tracks, must use Magna’s<br />
XpressBet. Those betting on races at Hollywood<br />
Park, Los Alamitos, Del Mar, Fairplex and Oak<br />
Tree at Santa Anita must wager through TVG.<br />
Bettors wagering on out-<strong>of</strong>-state races can use<br />
either service.<br />
Both Jim McAlpine, president and CEO <strong>of</strong> Magna<br />
Entertainment, and Mark Wilson, president<br />
and CEO <strong>of</strong> TVG, said they are ready to roll immediately.<br />
The board tabled applications<br />
submitted by Youbet.com and Autotote Enterprises<br />
until applications are complete.<br />
Youbet said it expected that would be next<br />
month.<br />
January 25, <strong>2002</strong><br />
MORE ON STICKS AND STONES<br />
Fur has been flying in racing these days, as reported<br />
yesterday. At the Maryland Racing Commission<br />
meeting Wednesday, little got done except<br />
name calling and ill will. The board deferred action<br />
after more hassling, with the thoroughbred<br />
horsemen and Maryland Jockey Club still feuding.<br />
One commissioner, Terry Saxon, told the two<br />
sides, “You guys can’t agree on anything. It’s<br />
amazing.” Then, commissioner John Franzone and<br />
MJC counsel and treasurer Marty Jacobs got into<br />
a shouting match after Franzone called Laurel<br />
dirty, saying a dead bird had been laying in the<br />
same corner <strong>of</strong> the clubhouse for two months.<br />
In Florida, meanwhile, it turns out that the heavyweight<br />
bout between Palm Beach Kennel Club’s<br />
Pat Rooney and lobbyist Jack Cory <strong>of</strong> the Florida<br />
Greyhound Association, reported here yesterday,<br />
was caught on videotape by a camera crew from<br />
Tampa’s WFTS, channel 28. It showed Rooney<br />
pushing Cory and saying, “That’s the last time I’m<br />
going to put up with any <strong>of</strong> your s---.” Rep. Johnnie<br />
Byrd told the station, “This is the <strong>America</strong>n way.<br />
Sometimes tempers flare. This is important work.”<br />
Two lobbyists who broke up the fracas had nothing<br />
to say.<br />
ON THE VLT FRONT<br />
If a crowd <strong>of</strong> 300 who gathered this week for a<br />
public hearing on VLTs for the Saratoga Equine<br />
Sports Center is any indication, things are in good<br />
shape for the track. The Albany Times Union reports<br />
a majority <strong>of</strong> the crowd “made it clear” that<br />
they wanted the VLTs approved. In Batavia, meanwhile,<br />
the Genesee county legislature approved<br />
operation <strong>of</strong> video lottery terminals at Batavia<br />
Downs 8-1, saying the move was “in the best interest<br />
<strong>of</strong> the county and economic development<br />
and tourism.” Marty Basinait hopes to be<br />
in operation with the VLTs by Nov.1.
HARNESS TRACKS OF AMERICA<br />
Executive Newsletter<br />
A daily fax and e-mail report on racing and gaming developments in North <strong>America</strong> and beyond<br />
Stanley F. Bergstein, Editor<br />
COUNTING CHICKENS IN NY<br />
They haven’t quite hatched yet, but the hoped for<br />
VLT chickens (and their eggs) in New York state<br />
are being counted by Gov. George Pataki. The gov<br />
has budgeted $61 million in fiscal <strong>2002</strong> (April 1<br />
thru March 31) as revenue from VLTs which his<br />
Lottery Division says aren’t likely to be operational<br />
until November. If the projection is correct,<br />
it means the state expects some $200 million a<br />
year minimum from the VLTs, and probably considerably<br />
more, since all tracks may not be online<br />
by the end <strong>of</strong> this year. The New York Racing<br />
Association, meanwhile, is moving ahead with its<br />
plans for a 100,000-square foot VLT area at Aqueduct,<br />
but also is continuing its negotiations with<br />
the Lottery Division for changes in the distribution<br />
system <strong>of</strong> VLT revenue and other aspects<br />
throwing a heavy burden <strong>of</strong> operational and maintenance<br />
costs on the tracks.<br />
In New Jersey, the Meadowlands is casting a wary<br />
eye across the Hudson river, and the New Jersey<br />
Sports and Exposition Authority’s CEO, James<br />
DiEleuterio, plans to hire experts from both business<br />
and academia to do a three- to six-month<br />
study on the effects on the Meadowlands <strong>of</strong> VLTs<br />
in New York state, casinos in the Catskills, and<br />
slots in Delaware. DiEleuterio says he wants to<br />
know the impact on what he defines as a finite<br />
market for gambling dollars in the region.<br />
Another troubling aspect <strong>of</strong> New Jersey racing will<br />
be considered again by the state racing commission<br />
on Wednesday. This issue is the number <strong>of</strong><br />
racing days at the Sports Authority’s Monmouth<br />
Park. The thoroughbred horsemen want 141 days<br />
<strong>of</strong> racing between Monmouth and the Meadowlands.<br />
Bruce Garland, the NJSEA’s senior VP racing,<br />
wants 120, as in 2001.<br />
Garland thinks 120 days, with 70 at<br />
Monmouth, is all the state can handle if it is<br />
January 28, <strong>2002</strong><br />
to maintain high purses and the quality racing they<br />
assure. He has an ally in one <strong>of</strong> the most powerful<br />
voices in the New Jersey legislature on racing<br />
matters, state senator Richard Codey, who compares<br />
Monmouth to Saratoga, “fine for a limited<br />
time.” The commission has expressed contrary<br />
views, and will take up the controversial matter<br />
again this week.<br />
DAVE WALL BADLY INJURED<br />
Dave Wall, one <strong>of</strong> Canada’s best known drivers,<br />
was severely injured Saturday at Western Fair<br />
Raceway in Ontario after filling in for a driver who<br />
didn’t show up. Wall was catapulted from his sulky<br />
when a horse fell in front <strong>of</strong> him, and suffered a<br />
broken wrist, cheekbone, ribs and left shoulder.<br />
He also had a concussion and facial injuries from<br />
broken driving glasses. One report said he hit the<br />
track’s hub rail. Western Fair is one <strong>of</strong> the last<br />
raceways in Ontario to still have one, most others<br />
having flexible pylons. Wall, 55, has won 5,890<br />
races and more than $47 million in purses in a 30-<br />
year-driving career.<br />
VARENNE IS WORLD’S BEST<br />
There was little doubt about it before yesterday,<br />
and none today. Varenne is the world’s best trotter.<br />
He won France’s greatest trotting race, the<br />
Prix d’Amerique, for the second straight year yesterday<br />
at Vincennes near Paris, and elevated his<br />
near legendary status in Italy, where he is a national<br />
hero. Italy’s leading sports daily, La<br />
Gazzetta dello Sport, carried a front page headline,<br />
photo and editorial that said,<br />
“He’s a hero that’s born only once.” Seven thousand<br />
Italian fans were on hand at Vincennes for<br />
the race, and one <strong>of</strong> them -- movie actress Valeria<br />
Marini, says driver Giampaolo Minnuci could be<br />
a movie star next. Italian radio and television interrupted<br />
soccer for the live call <strong>of</strong> the<br />
$700,000 race.
HARNESS TRACKS OF AMERICA<br />
Executive Newsletter<br />
A daily fax and e-mail report on racing and gaming developments in North <strong>America</strong> and beyond<br />
Stanley F. Bergstein, Editor<br />
BACK TO SQUARE ONE IN NY<br />
There are some things you can bet on with impunity,<br />
but the sale <strong>of</strong> New York City OTB, and who<br />
might get it if it is sold, is not one <strong>of</strong> them. New<br />
mayor Michael Bloomberg <strong>of</strong> New York City spoke<br />
out yesterday, saying that before he starts thinking<br />
about selling it he needs “a great executive”<br />
to take over OTB and maximize its revenues from<br />
the $1 billion it currently handles. So much for the<br />
sale to Magna. Apparently, Bloomberg thinks<br />
the city can, or should, make more than the $35<br />
million it currently makes <strong>of</strong>f OTB. Bloomberg<br />
faces a $4 billion dollar deficit. That’s billion, with<br />
a B. He said he is not a fancier <strong>of</strong> the city being in<br />
the gambling business, but acknowledged that<br />
OTB generates “a significant amount <strong>of</strong> money,”<br />
which is a subject Bloomberg understands thoroughly.<br />
So hold your bets for the moment. Mike<br />
is studying the problem.<br />
WILL SOMEONE EXPLAIN THIS?<br />
Parris N. Glendening, the governor <strong>of</strong> Maryland,<br />
is a bitter foe <strong>of</strong> slots at the state’s tracks, and has<br />
vowed they will not happen while he rules. Yesterday,<br />
however, the Baltimore Sun reported that the<br />
state lottery, which presumably falls under the ultimate<br />
purview <strong>of</strong> the governor, is considering the<br />
possibility <strong>of</strong> Maryland participating in an international<br />
lottery, “raising the prospect that lottery<br />
players here could compete for megaprizes with<br />
gamblers in Australia or Japan.” For a governor<br />
concerned with an expansion <strong>of</strong> gambling, there is<br />
none bigger than this idea, unless it is interplanetary.<br />
Delegate Howard P. Rawlings, the appropriations<br />
chairman who is a strong supporter <strong>of</strong><br />
the idea <strong>of</strong> slots at tracks, said he would be interested<br />
in the governor’s position on the lottery proposal.<br />
Rawlings said, “I personally believe that<br />
the best venue for gaming in the state is<br />
slots at tracks, not an expansion <strong>of</strong> the lottery,<br />
which preys on poor people.”<br />
January 29, <strong>2002</strong><br />
SHADES OF THE MIDDLE EAST<br />
Innovative ideas are always welcome in today’s<br />
complex world <strong>of</strong> simulcasting, alternative wagering,<br />
Internet betting and all the rest, and today’s<br />
HTA Nova award for innovation goes to state senator<br />
Chris Beutler <strong>of</strong> Lincoln, Nebraska. Surrounded<br />
as it is by five gambling states (a sixth,<br />
Wyoming, does not allow casino-style gaming)<br />
Nebraska suffers from its citizens crossing state<br />
borders to gamble. Senator Beutler has introduced<br />
a constitutional amendment in the Nebraska legislature<br />
which would create a two-mile buffer zone<br />
inside the Nebraska border, where casino gaming<br />
would be legal, and thus eliminate the need for<br />
Nebraskans to carry their money to foreign shores.<br />
The beauty <strong>of</strong> the arrangement is that such a buffer<br />
zone would include Omaha, the state’s biggest city,<br />
which would be included in the buffer zone between<br />
Nebraska and Iowa, a major gaming state. The<br />
amendment would require voter approval, and<br />
would limit casinos in the state while still allowing<br />
Nebraska to compete with its neighbors who already<br />
have them.<br />
PRIDE AND PREJUDICE<br />
Bear, Stearns & Co. has released its newest report<br />
on gambling, and it has to be encouraging to<br />
those in horse racing. It says horse racing’s growth<br />
potential is huge through legislative and technological<br />
change. Marc Falcone, the company’s<br />
managing director and gaming and leisure analyst,<br />
says, “Account wagering currently comprises just<br />
4% to 6% <strong>of</strong> the $18 billion pari-mutuel wagering<br />
industry. The room for growth is staggering, particularly<br />
as the legislative environment heats up<br />
and technology continues to rapidly evolve.” We<br />
may be prejudiced on the issue, but we are intensely<br />
proud that the report carries a number <strong>of</strong><br />
footnote credits listing Paul Estok, HTA’s counsel<br />
and executive assistant, as the source.
HARNESS TRACKS OF AMERICA<br />
Executive Newsletter<br />
A daily fax and e-mail report on racing and gaming developments in North <strong>America</strong> and beyond<br />
Stanley F. Bergstein, Editor<br />
SARATOGA SUPPORT FOR VLTs<br />
Eighty-two people spoke out on the issue <strong>of</strong> VLTs<br />
for the Saratoga Equine Sports Center at a standing<br />
room only meeting attended by more than 500<br />
yesterday, and 52 <strong>of</strong> them were in favor <strong>of</strong> the idea,<br />
29 were opposed, and 1 ran out <strong>of</strong> time before announcing<br />
yea or nay. Not present, but again voicing<br />
opposition, was Barry Schwartz <strong>of</strong> NYRA, who<br />
is limiting VLTs to Aqueduct. Barry says he is<br />
worried about traffic in the town and crowded restaurants,<br />
but it sounds from this distance as if he<br />
may be more concerned about competition for hallowed<br />
Saratoga in August from across Nelson avenue.<br />
Someone may wander across it and see one<br />
<strong>of</strong> the prettiest little tracks in <strong>America</strong>, and decide<br />
they like it and its VLTs.<br />
Saratoga Springs’ Public Works Commissioner<br />
Tom McTygue argued for the idea yesterday, the<br />
town’s Chamber <strong>of</strong> Commerce boss, Joe Dalton,<br />
argued against it, and announced a lawsuit challenging<br />
its constitutionality. He said the suit would<br />
cost $100,000, and the pastor <strong>of</strong> a local church said<br />
his congregation was kicking in $10,000 toward<br />
the bill. When Bruce Levinsky, a local developer<br />
and strong supporter <strong>of</strong> the idea, called opponents<br />
“elitists”, the remark brought a “rousing<br />
ovation” from the crowd, according to Thoroughbred<br />
Times. Cornelius Murray, who represents<br />
Dalton and other plaintiffs in the suit, said if the<br />
action is successful, “what Saratoga County does<br />
will be irrelevant.” Commenting on his suit, an<br />
article in the New York Law Journal <strong>of</strong> today called<br />
it “extraordinary” and said it places under challenge<br />
“the very modus operandi <strong>of</strong> the New York<br />
legislature -- which routinely passes bills in the<br />
middle <strong>of</strong> the night that virtually no one has read.”<br />
The article said Murray wanted to know who was<br />
representing the people. An interesting<br />
question, when the voice <strong>of</strong> the people, as<br />
heard yesterday loud and clear at the public<br />
meeting, is ignored.<br />
January 30, <strong>2002</strong><br />
MAGNA’S ‘TERRITORIAL’ FEES<br />
Magna Entertainment has announced its “territorial<br />
fees,” known elsewhere in the industry as<br />
source market fees, and they are based on takeout<br />
rather than on handle. The company says it<br />
will pay a host fee <strong>of</strong> 25% <strong>of</strong> takeout, which would<br />
approximate 5% <strong>of</strong> handle, and pay an additional<br />
35% <strong>of</strong> takeout, or some 7% <strong>of</strong> handle, on bets<br />
made within a 25 mile radius <strong>of</strong> a partner with an<br />
account wagering distribution contract and TV or<br />
Internet signals. No exclusivity is required in contracts.<br />
In another Magna-related development, Frank<br />
Stronach’s son Andy has announced that a company<br />
he founded four years ago -- Futuristic Entertainment<br />
-- is working on a pari-mutuel teller<br />
machine for novice bettors, fashioned after slot<br />
machines. He says the machines will be issued in<br />
11 models designed for specific type bets -- win,<br />
place, across the board, exacta wheels etc. -- and<br />
will display pay<strong>of</strong>fs on each horse instead <strong>of</strong> odds,<br />
as the old tote board at Roosevelt Raceway used<br />
to do. Stronach says the machines also will have<br />
Internet capabilities, provide handicapping services,<br />
and handle streaming video. “It makes a<br />
beginner into an expert,” he told Eric Mitchell <strong>of</strong><br />
Blood-Horse Interactive.<br />
TRACKMASTER DAVIS DIES<br />
Bill Davis, whose skills as a designer, builder and<br />
maintainer <strong>of</strong> harness race tracks across the east<br />
made him an in-demand figure for half a century,<br />
died Sunday at his home in Claymont, Delaware.<br />
Davis attained his first fame as a track builder at<br />
Brandywine Raceway when that track opened in<br />
1953. That track’s all-weather surface was considered<br />
a model, and farm owners and tracks up<br />
and down the Atlantic seaboard soon were seeking<br />
Davis’s services. He received HTA’s<br />
Medallion <strong>of</strong> Honor in 1983 and retired from<br />
Brandywine in 1985, but continued as a track<br />
consultant.
HARNESS TRACKS OF AMERICA<br />
Executive Newsletter<br />
A daily fax and e-mail report on racing and gaming developments in North <strong>America</strong> and beyond<br />
Stanley F. Bergstein, Editor January 31, <strong>2002</strong><br />
COLEMAN GROOM OF THE YEAR That total is substantial, for the Colemans have<br />
long been a fixture on the British Columbia racing<br />
Linda Coleman, who has spent her lifetime grooming<br />
horses and managing a family stable in British formerly Cloverdale Raceway, in their home town<br />
circuit, doing most <strong>of</strong> their racing at Fraser Downs,<br />
Columbia, is the winner <strong>of</strong> the <strong>Harness</strong> <strong>Tracks</strong> <strong>of</strong> <strong>of</strong> Surrey. Mrs. Coleman’s charges have included<br />
<strong>America</strong>/Hanover Shoe Farms Caretaker <strong>of</strong> the numerous claimers <strong>of</strong> the year and colt champions<br />
Year award.<br />
on that far western circuit, including Western<br />
Shadow, Holdridge Frisco, Delta Duke and<br />
Beverly Corky.<br />
Mrs. Coleman cares for 8 to 10 horses in the family<br />
stable she operates with her husband, trainer<br />
and former driver Philip Coleman, and her daughter,<br />
21-year-old driver Casie Coleman. The family<br />
operates as a team, but it is Mrs. Coleman who<br />
gets each and every horse ready for training each<br />
day. As winner <strong>of</strong> the international award, she represents<br />
caretakers everywhere in the sport, and<br />
symbolizes their work ethic and devotion to their<br />
horses.<br />
She will receive an oil painting <strong>of</strong> herself and her<br />
best known horse, the Western Canadian filly pacing<br />
champion Fast Lane Cruizin, done by one <strong>of</strong><br />
HTA’s most popular equine artists, Andrea Harman<br />
Steiner <strong>of</strong> Michigan.<br />
Mrs. Coleman was nominated by her driver daughter<br />
Casie, who wrote in part in her nominating letter,<br />
“My mother has been grooming horses all her<br />
life. She hardly ever takes a day <strong>of</strong>f because she<br />
misses her horses and they miss her. She has been<br />
the main man (woman) and the unsung hero <strong>of</strong> the<br />
Coleman Stable for the last 25 years.<br />
"She knows where each and every pimple is on<br />
each <strong>of</strong> our horses, and knows the personality <strong>of</strong><br />
each. Her horses are her babies, and when one is<br />
a little sick or a little lame and my dad and I want<br />
to jog it, she will let us know and insists on getting<br />
the vet to check it before allowing us to take it out<br />
on the track. Mom goes nuts when it’s time<br />
to put our colts in a claimer for the first<br />
time. If it were up to her, we would still<br />
have every horse we ever owned.”<br />
The Colemans’most outstanding horse, by far, was<br />
Fast Lane Cruizin, the brilliantly fast filly that burst<br />
on the scene two years ago and won nine straight<br />
races, earned $490, and took a record <strong>of</strong> 1:51.3.<br />
Mrs. Coleman groomed her from the time she was<br />
a weanling, and traveled with her to Sandown Park<br />
in Victoria; Northlands Park in Edmonton, Alberta;<br />
Stampede Park in Calgary; and across Canada to<br />
Mohawk Raceway in Ontario and Woodbine in<br />
Toronto, where she took her record.<br />
The filly was nominated for an O’Brien award,<br />
Canada’s highest equine honor. Mrs. Coleman also<br />
groomed the filly’s half-brother Fast Lane Phillips,<br />
an invitational pacer that held the track record at<br />
Fraser Downs.<br />
In nominating her mother, Casie Coleman wrote,<br />
“I believe this award is one <strong>of</strong> the biggest awards<br />
in harness racing, because it is only about the<br />
grooms who truly are the unsung heroes in our industry.”<br />
Mrs. Coleman will be honored Thursday night,<br />
February 21, at the Night <strong>of</strong> Stars, closing event<br />
<strong>of</strong> the <strong>Harness</strong> Racing Congress at the Mirage in<br />
Las Vegas, Nevada.<br />
All grooms nominated in the annual competition,<br />
which is judged by an HTA committee <strong>of</strong> former<br />
caretakers who now hold responsible positions<br />
in the sport, will receive handsome blue and<br />
gold caretakers’ jackets from HTA and<br />
Hanover Shoe Farms.
HARNESS TRACKS OF AMERICA<br />
Executive Newsletter<br />
A daily fax and e-mail report on racing and gaming developments in North <strong>America</strong> and beyond<br />
Stanley F. Bergstein, Editor<br />
MORE PROBLEMS IN NJ<br />
The New Jersey Racing Commission has issued<br />
racing dates for <strong>2002</strong>, but the kettle is still boiling<br />
over the allocation. After the commission<br />
awarded the New Jersey Sports and Exposition<br />
Authority 120 days for thoroughbred racing at<br />
the Meadowlands and Monmouth Park -- 76 at<br />
Monmouth and 44 at the Meadowlands -- and<br />
approved another fall harness meeting for the<br />
Meadowlands, the state’s thoroughbred horsemen<br />
began threatening all sorts <strong>of</strong> actions. They<br />
announced they would sue the commission; they<br />
threatened to withhold permission for the Meadowlands<br />
to accept simulcasting; and they said<br />
they would be willing to drop the Meadowlands<br />
altogether in return for racing 141 days at<br />
Monmouth. When legislation was passed last<br />
year allowing <strong>of</strong>f-track and telephone account<br />
betting in New Jersey, it was tied to 141 days,<br />
but the Sports Authority objected to having to<br />
race that many days <strong>of</strong> thoroughbred racing,<br />
particularly in light <strong>of</strong> the apparent loss <strong>of</strong> $10<br />
million in state purse subsidies. The Meadowlands<br />
has not heard directly from thoroughbred<br />
horsemen, but management indicated a willingness<br />
to explore any option that would create successful<br />
meets for both thoroughbred and harness<br />
racing.<br />
KNOW THY ENEMIES<br />
Not that we ever thought <strong>of</strong> him as an ally, but at<br />
least we now know who our enemies are in Washington.<br />
Frank Fahrenkopf, the high paid lobbyist<br />
<strong>of</strong> the <strong>America</strong>n Gaming Association, is one<br />
<strong>of</strong> them. He now is opposing the Goodlatte legislation<br />
in Congress because, he says, “it seems to<br />
side with the horse racing industry.” Congressman<br />
Goodlatte says he thinks Fahrenkopf is<br />
caught in an internal fight among his<br />
members, and said that Fahrenkopf told<br />
him the vast majority <strong>of</strong> his members support<br />
the Goodlatte idea.<br />
February 1, <strong>2002</strong><br />
Fahrenkopf denied that there was a division in<br />
AGA, but a reading <strong>of</strong> Las Vegas statements on<br />
Internet gaming would seem to lend credence to<br />
Goodlatte’s version rather than Fahrenkopf’s.<br />
Goodlatte told the Las Vegas Review Journal that<br />
the primary opposition to his bill comes from <strong>of</strong>fshore<br />
entities, and that both lotteries and the attorney<br />
general -- both <strong>of</strong> which opposed the bill<br />
during the Clinton administration -- now favor<br />
it. The Goodlatte bill would update the 1961 Wire<br />
Act to declare Internet betting illegal, but respects<br />
<strong>of</strong> the federal law, including the Interstate Horse<br />
Racing Act <strong>of</strong> 1978 as amended, which allows<br />
racing to do interstate simulcasting and account<br />
wagering electronically in the 12 states that have<br />
embraced such legislation.<br />
LIEBMAN IN NEW JOB TODAY<br />
Bennett Liebman, former member <strong>of</strong> the New<br />
York State Racing and Wagering board and author<br />
<strong>of</strong> HTA’s definitive The Law <strong>of</strong> Racetrack<br />
Exclusions at the Turn <strong>of</strong> the 21st Century, starts<br />
a new chapter in his distinguished career today.<br />
He has been named Coordinator <strong>of</strong> the Racing<br />
and Wagering Law program at the Government<br />
Law Center at Albany Law School in New York.<br />
Patricia Salkin, associate dean and director <strong>of</strong> the<br />
Government Law Center, said, “We are excited<br />
that Bennett Liebman is joining the GLC staff.<br />
He brings significant statewide and national legal<br />
and policy expertise to the areas <strong>of</strong> racing,<br />
wagering and gaming.” Liebman will address<br />
the <strong>Harness</strong> Racing Congress in Las Vegas on<br />
February 20 on Living with the People Who Regulate<br />
Your Lives. In other job developments, harness<br />
racing veteran Gerry Connors has joined<br />
the staff <strong>of</strong> the Pennsylvania State <strong>Harness</strong> Racing<br />
Commission, and Bob Mulcahy, former president<br />
and CEO <strong>of</strong> the New Jersey Sports and Exposition<br />
Authority, has had his contract as<br />
athletic director at Rutgers University extended<br />
through 2005.
HARNESS TRACKS OF AMERICA<br />
Executive Newsletter<br />
A daily fax and e-mail report on racing and gaming developments in North <strong>America</strong> and beyond<br />
Stanley F. Bergstein, Editor<br />
ON THE LEGISLATIVE FRONT<br />
The general manager <strong>of</strong> Rockingham Park in<br />
New Hampshire was telling media over the weekend<br />
that the track may have to close after this<br />
season in the wake <strong>of</strong> a resounding rejection <strong>of</strong><br />
VLTs in the New Hampshire legislature. The lawmakers<br />
voted 217-130 to kill a bill that would have<br />
allowed 1,200 machines at Rockingham and 900<br />
at each <strong>of</strong> the state’s three dog tracks. The Associated<br />
Press quoted the general manager <strong>of</strong> the<br />
Rock, Ed Callahan, as saying, “The fact is that if<br />
the legislature doesn’t want us any more, and if<br />
we can’t make it work, then Rockingham will not<br />
be there down the road.” He said he would be<br />
making recommendations to the track’s owners,<br />
“and I don’t believe they will be very rosy.”<br />
Rockingham’s business has declined by more<br />
than half in the last decade.<br />
In Florida, where there also have been precipitous<br />
declines in track business, the legislature will<br />
be asked again for VLTs. The South Florida Sun-<br />
Sentinel’s chief correspondent in Tallahassee reported<br />
in today’s edition, “Plagued by plummeting<br />
attendance and fighting for their financial life,<br />
Florida’s pari-mutuels are pushing what they say<br />
could be the answer to their sagging revenues --<br />
video lottery.” Noting that the legislature is aware<br />
that state voters have rejected an expansion <strong>of</strong><br />
gambling three times in the last 24 years, bureau<br />
chief Linda Kleindienst wrote, “This year, however,<br />
many track and fronton owners --along with<br />
horse and dog breeders -- are gambling that the<br />
state might be more receptive, especially since up<br />
to $1 billion <strong>of</strong> the $1.6 billion that they hope to<br />
raise would be earmarked for education.”<br />
Florida, like other states, already has been forced<br />
to make $1.3 billion in budget cuts. Legislators<br />
also are drafting a state budget that provides<br />
few new dollars for public schools<br />
and may force cuts in health, criminal<br />
justice and social services, according to the<br />
Sun-Sentinel.<br />
February 4, <strong>2002</strong><br />
In Indiana, the state senate, after an hour’s debate,<br />
passed by a vote <strong>of</strong> 27-23, and sent to the<br />
House, legislation that would permit electronic<br />
pull-tab machines, similar to VLTs, at Hoosier<br />
Park and Indianapolis Downs. Influential senator<br />
Larry Borst, chairman <strong>of</strong> the Senate finance<br />
committee and considered a friend <strong>of</strong> harness racing<br />
in the past, says he is concerned that the bill<br />
does not include any provision for taxing wagering<br />
money generated by the machines. Revenue<br />
legislation must originate in the House, and the<br />
crossover date for legislation between the House<br />
and Senate is Thursday, so the fate <strong>of</strong> the measure<br />
should be known this week.<br />
In Kentucky, Kentucky.com reported a legislative<br />
press conference in which the speaker <strong>of</strong> the<br />
house, Jody Richards, was asked if state redistricting<br />
boded well for slots legislation. He said<br />
that odds for passage would be better if a bill<br />
came out <strong>of</strong> the senate first. The president <strong>of</strong><br />
the state senate, David Williams, who also was<br />
involved in the press conference, said, “That’s a<br />
longshot,” and Richards replied, “It’s a longshot<br />
the other way, too.”<br />
In Hawaii, two bills that would have allowed legalized<br />
gambling in the state were killed by the<br />
House Judiciary and Hawaiian Affairs committees.<br />
One bill would have legalized stand-alone<br />
casinos on Waikiki and Kapolei, and the second<br />
measure would have provided for a casino-resort<br />
on Kapolei.<br />
DON’T MESS WITH THE FRENCH<br />
Giampaolo Minnucci, the driver <strong>of</strong> Varenne, winner<br />
<strong>of</strong> the Prix d’Amerique for the second straight<br />
time a week ago, has been fined 1% <strong>of</strong> the purse<br />
-- some $21,000 -- for causing three recalls in the<br />
race. Jean Rene Gougeon, one <strong>of</strong> France’s<br />
legendary driving heroes, had an easy solution<br />
to the problem: go <strong>America</strong>n, and<br />
use a mobile starting gate.
HARNESS TRACKS OF AMERICA<br />
Executive Newsletter<br />
A daily fax and e-mail report on racing and gaming developments in North <strong>America</strong> and beyond<br />
Stanley F. Bergstein, Editor<br />
TRN REVIVED AS RTN<br />
The announcement that Roberts Communications<br />
Network is partnering with Magna Entertainment<br />
and Greenwood Racing <strong>of</strong> Philadelphia<br />
to launch Racetrack Television Network (RTN)<br />
as a subscriber satellite service for hardcore racing<br />
fans should be heartening to those thousands<br />
who last summer despaired over the demise <strong>of</strong><br />
The Racing Network. Todd Roberts, president<br />
<strong>of</strong> Roberts Communications, said the new service<br />
was a response to the mass <strong>of</strong> people who<br />
lamented the passing <strong>of</strong> the old, and he said it<br />
will be “the best vehicle for the true player.” The<br />
service will provide up to 8 racing channels, 2<br />
produced by Magna, 2 by Greenwood, and the<br />
others <strong>of</strong>fering multiple racing with direct track<br />
signals and no editing. The Magna and Greenwood<br />
channels are likely to show 4 tracks at a<br />
time in a quad screen format with odds and other<br />
information, dissolving to a live race and then<br />
returning to the split screen format until the next<br />
race is shown. The Magna channels will, not surprisingly,<br />
feature Magna track racing, and<br />
Greenwood’s presumably will feature Philadelphia<br />
Park, Penn National properties and Freehold<br />
Raceway, owned jointly by Philadelphia<br />
Park and Penn National. The signals will be accessed<br />
by digital set-top box and small dish satellite<br />
technology, and those who have dishes that<br />
delivered the old Racing Network Direct service<br />
(not Dish Network) will be able to use their receivers<br />
without purchasing new dishes. They also<br />
will be able to access the service free until March<br />
1, the <strong>of</strong>ficial launch date. Roberts said the new<br />
service is technically compatible with the old TRN<br />
Direct satellite service, and that the telecast quality<br />
production by MEC and Greenwood over<br />
multiple channels “will make this service highly<br />
desirable” to fans, bettors and participants.<br />
The monthly subscription charge<br />
has not been announced, but is likely to be<br />
around $100 a month.<br />
February 5, <strong>2002</strong><br />
FLAMBORO GETS WEG SERVICE<br />
Woodbine Entertainment’s Racing Network<br />
Canada, meanwhile, has expanded its scope to<br />
Flamboro Downs, which introduced telephone<br />
account betting over the weekend using<br />
Woodbine’s Horseplayer Interactive. Fans at<br />
Charlie Juravinski’s track now have the option<br />
<strong>of</strong> hooking up to the service either online or by<br />
subscribing to Racing Network Canada over satellite<br />
or cable networks and betting by phone.<br />
“Just like football and basketball, we’re taking<br />
our product to the people,” Juravinski said. “It’s<br />
got to help raise interest in the game. It will<br />
broaden our base <strong>of</strong> patronage when viewers see<br />
the ambience <strong>of</strong> the track,” Juravinski told the<br />
Hamilton Spectator, adding, “It’s a great spectacle,<br />
and that’s what it’s all about. You’ve got<br />
to move with the times.”<br />
BAY STATE SLOTS TRY -- AGAIN<br />
If you get gold stars for persistency, Democratic<br />
state representative David Flynn <strong>of</strong> Massachusetts<br />
deserves a page full. For the third time,<br />
Flynn has introduced a bill that would provide<br />
1,500 slots to the four racetracks in Massachusetts.<br />
Bob O’Malley, COO <strong>of</strong> Suffolk Downs, told<br />
Daily Racing Form that although the state <strong>of</strong> the<br />
economy might create some progress, he was “not<br />
aware <strong>of</strong> any change in the atmosphere in the<br />
state house that would make a difference than<br />
past years,” when the bills failed.<br />
A FIRST STEP TOWARD UNITY<br />
In a major first step toward some semblance <strong>of</strong><br />
unity, the Association <strong>of</strong> Racing Commissioners<br />
International (ARCI) and the North <strong>America</strong>n<br />
Pari-Mutuel Regulators Association (NAPRA)<br />
held a joint meeting Friday and Saturday at Lone<br />
Star Park in Dallas to discuss uniform parimutuel<br />
rules. Both ARCI president and CEO<br />
Lonny Powell and NAPRA executive director<br />
Frank Lamb expressed delight at<br />
progress made during the meeting.
HARNESS TRACKS OF AMERICA<br />
Executive Newsletter<br />
A daily fax and e-mail report on racing and gaming developments in North <strong>America</strong> and beyond<br />
Stanley F. Bergstein, Editor<br />
BIG M SIGNS WITH XPRESSBET<br />
The Meadowlands has signed a non-exclusive<br />
agreement with Magna Entertainment to participate<br />
on Magna’s XPressbet system, opening the<br />
way for the Meadowlands signal to appear on<br />
the newly formed Racetrack Television Network<br />
(RTN) that Magna is launching March 1 as a<br />
subscriber satellite service with Roberts Communications<br />
Network and Greenwood Racing <strong>of</strong><br />
Philadelphia. <strong>Inc</strong>luding the sport’s premier race<br />
meet in the U.S. would give the new service a<br />
strong hand in attracting harness racing customers<br />
for its 8-channel <strong>of</strong>ferings.<br />
NO CARS AT SPORTSMAN’S<br />
There will be no automobile racing at Chicago’s<br />
Sportsman’s Park in <strong>2002</strong>. Saying “business and<br />
economic conditions in the motorsports industry<br />
today” made a meeting financially unfeasible,<br />
Chicago Motor Speedway chairman Charles<br />
Bidwill and president Chip Ganassi announced<br />
cancellation <strong>of</strong> the track’s <strong>2002</strong> schedule, which<br />
included the CART FedEx Series, Target Grand<br />
Prix and the Sears Craftsman 175 in the<br />
NASCAR Craftsman Truck Series. The suspension<br />
announcement said the Speedway “looks<br />
forward to providing this region with continued<br />
entertainment and sporting events in the future.”<br />
Sportsman’s 70th year <strong>of</strong> thoroughbred racing<br />
will not be affected, and the track will continue<br />
hosting a variety <strong>of</strong> events, including concerts.<br />
The track was totally rebuilt, at huge expense,<br />
four years ago, and auto racing made its debut<br />
there in 1999.<br />
POMPANO STARTS RICH SERIES<br />
Pompano Park drew this morning for the $50,000<br />
first leg <strong>of</strong> the $250,000 Isle <strong>of</strong> Capri Casino<br />
Pacing Series, and got two auspicious,<br />
full and highly competitive fields<br />
for the event, with each carrying a $25,000<br />
purse.<br />
February 6, <strong>2002</strong><br />
The series features two $50,000 preliminaries and<br />
a $150,000 final on Feb. 23. The $60,000 inaugural<br />
<strong>of</strong> the Mack Lobell Invitational Trot will<br />
be held that same night.<br />
NJSEA RUNNERS’PURSES HOLD<br />
Despite the loss <strong>of</strong> a huge state subsidy for purses,<br />
Meadowlands senior executive vice president <strong>of</strong><br />
racing Bruce Garland has announced that daily<br />
purses for the runners at Monmouth Park still<br />
will be more than $300,000 a day. “We have committed<br />
ourselves to quality racing, thoroughbred<br />
and harness, in the state <strong>of</strong> New Jersey, and we<br />
expect to <strong>of</strong>fer purses in line with world class racing,”<br />
Garland said. The Sports Authority will<br />
race 120 programs this year, rather than 141, and<br />
vice president <strong>of</strong> racing Bob Kulina said, “Maintaining<br />
a major league purse schedule for 120<br />
days <strong>of</strong> racing this year, with our available purse<br />
money, is much more realistic than diluting the<br />
product for 141 days and making it less competitive<br />
with other major racing centers.”<br />
IN THE EYES OF THE BEHOLDER<br />
That’s what they say about beauty, and it apparently<br />
holds for pari-mutuel handle too. The<br />
Jockey Club statistics for 2001 were released today,<br />
and depending where you read about them<br />
you could get enthused or concerned. Blood-<br />
Horse Interactive ran the story under a headline<br />
reading, “2001 U.S. Purses and Handle Set<br />
Record,” and reported that “Since last declining<br />
in 1993, pari-mutuel handle on U.S. racing has<br />
grown at a 6.4% annualized rate.” The Daily<br />
Racing Form put it in slightly different perspective,<br />
its headline reading “Handle’s growth rate<br />
slows,” and reporting “Pari-mutuel wagering on<br />
U.S. thoroughbred races increased 1.6% in 2001,<br />
well short <strong>of</strong> the 6.4% annualized returns the industry<br />
has grown accustomed to in the simulcast<br />
era.” For the first time, average starts<br />
per horse dropped below 7, thoroughbreds<br />
averaging 6.97 starts a year.
HARNESS TRACKS OF AMERICA<br />
Executive Newsletter<br />
A daily fax and e-mail report on racing and gaming developments in North <strong>America</strong> and beyond<br />
Stanley F. Bergstein, Editor<br />
MORE ON ARTHUR ANDERSEN<br />
If you’ve had your fill <strong>of</strong> Arthur Andersen news,<br />
our apologies, but the beseiged accounting firm<br />
is in controversy again, this time in gaming circles.<br />
Frank Fahrenkopf, the feisty president <strong>of</strong> the<br />
<strong>America</strong>n Gaming Association, used Andersen to<br />
do an upbeat study <strong>of</strong> legalized gambling. When<br />
the Rev. Tom Grey, executive director <strong>of</strong> the National<br />
Coalition Against Legalized Gambling,<br />
found out about it, he fired all barrels.<br />
Fahrenkopf quickly replied, “Our opponents<br />
have been known to take shots at us without substance<br />
in the past. When the light <strong>of</strong> day shines,<br />
we always tend to come out on the proper side.<br />
If anyone wants to challenge the accuracy <strong>of</strong> this<br />
report, show us where it is inaccurate.” Grey<br />
said the report was flawed for two reasons. First,<br />
he noted that the Andersen firm is a member <strong>of</strong><br />
the <strong>America</strong>n Gaming Association, and the study<br />
reflects an in-house view <strong>of</strong> the casino industry.<br />
Second, the study does not include a cost-benefit<br />
analysis, because it shows only gambling’s upside<br />
and none <strong>of</strong> its downside. Grey said he was<br />
“glad to hear Frank defend the study, because<br />
it’s not a smoking gun for us. It’s live ammunition.”<br />
Arthur Andersen declined to comment.<br />
The Las Vegas Review-Journal said the company’s<br />
Las Vegas representative, who was overseer on<br />
the project, did not return calls, and a spokesman<br />
in the Chicago main <strong>of</strong>fice said, “We refer<br />
questions like that back to our clients.”<br />
JACOBS FAMILY SOLIDIFYING<br />
In a move that takes other shareholders out <strong>of</strong><br />
the picture, the Jacobs family <strong>of</strong> Cleveland has<br />
merged Black Hawk Gaming & Development<br />
with Gameco, <strong>Inc</strong>., effectively privatizing the<br />
operations. The move faces two shareholder<br />
lawsuits, but Stephen Roark, head <strong>of</strong><br />
Black Hawk, says when the smoke clears<br />
two casinos in Colorado, one in Reno, Colonial<br />
Downs in Virginia and<br />
February 7, <strong>2002</strong><br />
truck stops with VLTs in Louisiana all will be<br />
under one Jacobs-owned umbrella.<br />
NEW CHAIRMAN IN INDIANA<br />
In a move that caught all parties by surprise, and<br />
with ramifications still unknown, Gov. Frank<br />
O’Bannon <strong>of</strong> Indiana suddenly announced he has<br />
appointed Richard (Pete) Beck, a member <strong>of</strong> the<br />
Indiana Horse Racing Commission for five years,<br />
as chairman, replacing Nick Stein, who remains<br />
a member. The governor’s <strong>of</strong>fice declined to say<br />
why the switch was made. Beck, a former harness<br />
horse owner, served in the Indiana House<br />
for seven years, from 1987 to 1994. O’Bannon<br />
said <strong>of</strong> Beck, “As a veteran member <strong>of</strong> the commission,<br />
Pete understands the challenges facing<br />
breeders and racers. He also understands what<br />
the public wants.”<br />
BIG PROBLEMS IN HONG KONG<br />
Thoroughbred racing in Hong Kong, <strong>of</strong>ten looked<br />
at as a model <strong>of</strong> what the sport can be, is having<br />
some serious problems. While the numbers are<br />
still huge, betting declined by $200 million U.S.<br />
dollars in the first half <strong>of</strong> the current racing season,<br />
and now a major scandal has rocked the<br />
sport. Two jockeys and 16 other people, including<br />
employees <strong>of</strong> the Hong Kong Jockey Club,<br />
have been arrested for allegedly accepting bribes<br />
to fix races for an illegal gambling operation, according<br />
to Deutsche Presse-Agentur. The arrests<br />
came after a raid at the Happy Valley track by<br />
<strong>of</strong>ficers <strong>of</strong> the Independent Commission Against<br />
Corruption. The agency said the two jockeys and<br />
four other racing club employees were accepting<br />
‘advantages’ from an illicit bookmaking operation<br />
to supply stable racing information and<br />
manipulate race results. The four employees were<br />
two exercise riders, a racing registry assistant,<br />
and a clerk. An illegal bookmaker, a saleswoman<br />
and 10 civilians also were arrested.
HARNESS TRACKS OF AMERICA<br />
Executive Newsletter<br />
A daily fax and e-mail report on racing and gaming developments in North <strong>America</strong> and beyond<br />
Stanley F. Bergstein, Editor<br />
GLAZER’S FATHER SCAM VICTIM<br />
Enron has captured most <strong>of</strong> the scam headlines<br />
these days, but it is not alone. In Cleveland,<br />
Samuel Glazer, co-founder <strong>of</strong> Mr. C<strong>of</strong>fee and father<br />
<strong>of</strong> harness racing’s leading owner Bob<br />
Glazer, was said by his lawyer to have lost $30<br />
million in a scam investment scheme which the<br />
Cleveland Plain Dealer said an investment broker<br />
named Frank Gruttadauria had admitted<br />
orchestrating. Gruttadauria has vanished and<br />
his whereabouts are unknown. Glazer is a retired<br />
real estate developer and builder <strong>of</strong> malls<br />
and more than 5,000 Cleveland area houses. The<br />
newspaper called Glazer’s losses “the biggest<br />
publicly acknowledged loss by a single investor<br />
so far in the scandal,” saying Glazer and Cleveland<br />
attorney and NAACP president George<br />
Forbes were “among a core group <strong>of</strong> 25 <strong>of</strong> the<br />
Gates Mills broker’s biggest victims -- many <strong>of</strong><br />
them wealthy Cleveland-area power brokers --<br />
in what investigators now believe was an elaborate<br />
Ponzi scheme.” The story said investigators<br />
revealed that Gruttadauria used the richest investors’<br />
accounts as piggy banks, draining them<br />
without account owners’ knowledge to cover<br />
withdrawals requested by other investors, and<br />
tapped some <strong>of</strong> the money for himself. In most<br />
cases, the paper said, investors’ accounts were<br />
gutted. Gruttadauria allegedly hid his chicanery<br />
by sending clients authentic-looking but fake account<br />
statements, and shifted clients’ money to<br />
Lehman Brothers accounts he controlled under<br />
fictitious names. Gruttadauria managed Lehman<br />
Brothers’Cleveland <strong>of</strong>fice, and he left a letter for<br />
the FBI confessing to a 15-year pattern <strong>of</strong> misappropriation<br />
before he and his passport disappeared<br />
on January 11. In the letter, he denied<br />
taking money for himself. Gruttadauria, 44, is<br />
being investigated by the FBI, the Securities<br />
and Exchange Commission, the<br />
Association <strong>of</strong> Securities Dealers and<br />
Lehman Brothers.<br />
February 8, <strong>2002</strong><br />
CIRCLING THE WAGONS IN AZ<br />
There is a gubernatorial election coming up in<br />
Arizona, and one legislator who would like to be<br />
governor has decided the welfare <strong>of</strong> Arizona horse<br />
and dog tracks would be a good place to start<br />
running. Randall Gnant, a Republican representing<br />
toney Scottsdale, is president <strong>of</strong> the Arizona<br />
Senate. He introduced a legislative referendum<br />
this week that puts him at direct odds<br />
with the present governor, Jane Hull, and with<br />
Arizona’s 21 Indian tribes. Gnant wants to give<br />
Turf Paradise, the Phoenix running track, twice<br />
the number <strong>of</strong> slots <strong>of</strong> any <strong>of</strong> the state’s Indian<br />
casinos -- up to 1,000 VLTs -- and calls the idea<br />
“a minimal expansion with a huge payback.”<br />
Amy Rezzonico, spokeswoman for the recently<br />
formed Arizona Racetrack Alliance, explained the<br />
apparent change in their former stance by saying,<br />
“The racing industry is prepared to do whatever<br />
it has to do to produce a product that will<br />
allow us to survive.” The Alliance, formed in<br />
January, consists <strong>of</strong> Turf Paradise, Tucson Greyhound<br />
Park, Phoenix Greyhound Park and<br />
Apache Greyhound Park. The group says it cannot<br />
compete with the Indian casinos, which supposedly<br />
have reaped an estimated billion a year<br />
since being legalized nine years ago. If Gnant’s<br />
idea makes it past the legislature, it would go to<br />
a public vote next November.<br />
ON THE WARPATH IN NJ<br />
The war cries continue in New Jersey, where thoroughbred<br />
horsemen are suing the state racing<br />
commission, planning to file another suit on constitutional<br />
grounds, and threatening to block simulcasting<br />
in the state. While the rift between<br />
thoroughbred and harness interests widens there,<br />
the existing tension between the two breeds continues<br />
in Maryland, where the racing commission<br />
and legislature have lost patience with<br />
stalemate. Anybody back there have a<br />
peace pipe left over from Franklin’s days?
HARNESS TRACKS OF AMERICA<br />
Executive Newsletter<br />
A daily fax and e-mail report on racing and gaming developments in North <strong>America</strong> and beyond<br />
Stanley F. Bergstein, Editor<br />
IT’S A GIRL!<br />
Moni Maker, winner <strong>of</strong> $5,589,256 in the U.S.<br />
and Europe and twice <strong>Harness</strong> Horse <strong>of</strong> the Year,<br />
and her consort Valley Victory, considered by<br />
many to be the top trotting sire in <strong>America</strong>, are<br />
happy to announce the birth <strong>of</strong> a daughter, born<br />
at 7:30 yesterday morning. Mother and daughter<br />
are doing well, and are expected to make their<br />
first public appearance today. No name as yet.<br />
MAGNA TO ADD LONE STAR?<br />
No one on either side is confirming it, but the<br />
Fort Worth Star-Telegram and Dallas Morning<br />
News both are reporting that Magna Entertainment<br />
is buying Lone Star Park’s interest in the<br />
Texas track, and that the sale could be consummated<br />
in the next two weeks. The city <strong>of</strong> Grand<br />
Prairie, where Lone Star is located, is the owner<br />
<strong>of</strong> the track, and leases it to a management company<br />
headed by chairman Bob Kaminski and the<br />
Trammel Crow family, which owns huge segments<br />
<strong>of</strong> Dallas real estate. The management<br />
company holds the racing license, which presumably<br />
is what Magna would be buying, with Grand<br />
Prairie remaining as a partner. The Morning<br />
News points out that majority ownership <strong>of</strong> any<br />
class 1 track in Texas must be held by residents,<br />
but the restriction does not apply to public companies<br />
like Magna. As owner, the city <strong>of</strong> Grand<br />
Prairie could block the sale, but statements by<br />
the mayor indicate that won’t happen. He said<br />
that a sale would be “a good deal for Lone Star,”<br />
and said he would not stand in the way. It seems<br />
unlikely that the Texas Racing Commission would<br />
object, but executive secretary Paula Flowerday<br />
said the commission had not yet been notified <strong>of</strong><br />
any sale. If the sale closes, it would be the eleventh<br />
track acquisition for Magna, the others being<br />
Bay Meadows, Golden Gate Fields,<br />
Great Lakes Downs, Gulfstream Park,<br />
Multnomah Greyhounds, Portland<br />
Meadows, Remington Park, Santa Anita,<br />
The Meadows, and Thistledown.<br />
February 11, <strong>2002</strong><br />
WASHINGTON STATE SAYS NO<br />
There will be no expansion <strong>of</strong> gambling in Washington<br />
state. A senate committee chairwoman<br />
told Gov. Gary Locke that she did not have<br />
enough votes to get his measure doing that out <strong>of</strong><br />
the Labor, Commerce and Financial Institutions<br />
committee. Dying with the proposal <strong>of</strong> more gambling<br />
was the governor’s proposal for a 10% state<br />
tax on non-tribal gaming, a move Locke said<br />
would close $75 million <strong>of</strong> the state’s billion dollar<br />
budget shortfall. The Recreational Gaming<br />
Association, which represents non-tribal gambling<br />
in Washington, said the tax would drive its<br />
members out <strong>of</strong> business, and countered with a<br />
proposal to include casino games as well as poker<br />
and blackjack now allowed. Margarita Prentice,<br />
chairwoman <strong>of</strong> the Labor, Commercial and Financial<br />
Institutions committee, did not even bring<br />
that proposal up for a vote.<br />
In another Washington state development, the<br />
state auditor claimed the horse racing commission<br />
failed to collect nearly $1 million in simulcasting<br />
satellite fees between 1999 and 2001. The<br />
state auditor has no authority to issue performance<br />
audits in Washington, and the governor<br />
vetoed legislation to give the auditor that authority<br />
last year when he signed the budget, saying<br />
there was “no compelling reason” to do so.<br />
IN THE OTHER WASHINGTON...<br />
It appears there is a split between two <strong>of</strong> the<br />
staunchest foes <strong>of</strong> Internet gambling on the shores<br />
<strong>of</strong> the Potomac. Rep. Jim Leach, the Iowa Republican<br />
who wants to outlaw Internet gambling<br />
payments by credit cards, checks and electronic<br />
funds transfers, has sent out a letter saying his<br />
bill is a more workable mechanism with better<br />
chance <strong>of</strong> passage than Bob Goodlatte’s more<br />
sweeping bill introduced last November.<br />
The Leach bill has two co-sponsors;<br />
Goodlatte’s bill has 155.
HARNESS TRACKS OF AMERICA<br />
Executive Newsletter<br />
A daily fax and e-mail report on racing and gaming developments in North <strong>America</strong> and beyond<br />
Stanley F. Bergstein, Editor<br />
THE AXE FALLS ON NJ SUBSIDY<br />
New Jersey’s new governor, James E. McGreevey,<br />
made it <strong>of</strong>ficial yesterday, telling the legislature<br />
that among his budget cuts was the $6 million<br />
purse subsidy for the state’s racetracks. Talking<br />
about a state constitutional requirement that the<br />
governor close any gaps between revenues and<br />
spending by the end <strong>of</strong> the fiscal year June 30,<br />
McGreevey said, “I didn’t create this problem,<br />
but I’m determined to work with you to fix it.<br />
We’re going to do what it takes to balance our<br />
budget, and we’re going to do it right. Tough<br />
and fair.” With that pronouncement, the die is<br />
cast in the differences between the state’s thoroughbred<br />
horsemen and the New Jersey Sports<br />
and Exposition Authority. NJSEA senior executive<br />
vice president for racing Bruce Garland has<br />
said all along that to maintain quality thoroughbred<br />
purses at Monmouth Park and the Meadowlands<br />
without the subsidy a shorter schedule<br />
was absolutely necessary. The thoroughbred<br />
horsemen want 141 days <strong>of</strong> racing rather than<br />
120, and are tossing lawsuits at the state and<br />
threatening simulcasting bans.<br />
A HARNESS HORSE SHEEP DOG<br />
With racing coverage as tough as it is to get these<br />
days, good features are more important than ever.<br />
<strong>Harness</strong> Racing Communications landed one<br />
with Associated Press, and it’s easy to see why.<br />
It’s a story about a retired pacing mare who was<br />
known on the race track as La Nena Cierva when<br />
she raced at Monticello Raceway and now is<br />
known as Muzzie, in her new career as a sheep<br />
dog. She only won 1 race in 33 starts and earned<br />
a paltry $3,706 as a pacer, but guarding sheep<br />
she has proved invaluable to farmer Sam (Mad<br />
Sammy) Phelps in Walden, NY. Phelps has a<br />
problem with coyotes killing his sheep,<br />
and his sheep dogs gave up the battle<br />
after several were seriously injured fighting<br />
the coyotes.<br />
February 12, <strong>2002</strong><br />
Enter Muzzie. After Mad Sammy sold her foal,<br />
she turned her maternal instincts toward Phelps’<br />
15 sheep, and herds them home whenever coyotes<br />
show up. She then heads back to confront<br />
the coyotes. Phelps, who told the AP “the only<br />
good coyote is a dead coyote,” has <strong>of</strong>fered a<br />
bounty on them, with two pay<strong>of</strong>fs. With Muzzie,<br />
he doesn’t expect to have to pay many more.<br />
CHARLIE WANTS A SMOKE<br />
Charlie Juravinski, the colorful and controversial<br />
owner <strong>of</strong> Flamboro Downs in Ontario, is in<br />
the news again. Never one to duck a fight, Charlie<br />
now is battling a Dundas city ordinance banning<br />
smoking in public places, including his race track.<br />
He reminded city councillors that Flamboro generates<br />
some $5 million a year in commission and<br />
realty taxes for Dundas, and he thinks a smoking<br />
ban would cut Flamboro business by a fifth. He<br />
said he has spent $5 million in ventilation improvements<br />
and that out <strong>of</strong> an annual customer<br />
base <strong>of</strong> 1.8 million he has received only 48 complaints.<br />
Charlie thinks he has addressed concerns<br />
by providing smoking and non-smoking dining<br />
rooms, and he does not want to partition his<br />
grandstand because “it would certainly ruin the<br />
place.” He did not address health issues.<br />
A LONG REACH FOR SLOTS<br />
Hawaii’s legislature said no again recently to<br />
gambling, but a former and current candidate<br />
for mayor <strong>of</strong> Honolulu thinks he has an answer.<br />
He wants Congress to turn over Midway Island<br />
to Hawaii or Honolulu and let either build a resort<br />
casino there. Midway is 1,200 miles northwest<br />
<strong>of</strong> Hawaii.<br />
AGENDA ON OUR WEB SITE<br />
The agenda for next Tuesday’s HTA Committee<br />
<strong>of</strong> the Whole meeting in Las Vegas is<br />
now posted on our members’Web site.
HARNESS TRACKS OF AMERICA<br />
Executive Newsletter<br />
A daily fax and e-mail report on racing and gaming developments in North <strong>America</strong> and beyond<br />
Stanley F. Bergstein, Editor<br />
A STUNNER IN KENTUCKY<br />
In a rather remarkable racing development, the<br />
attorney general <strong>of</strong> Kentucky has notified the<br />
Kentucky Racing Commission that his <strong>of</strong>fice has<br />
permanently withdrawn as legal counsel for the<br />
commission, and it should find its own legal representation<br />
as <strong>of</strong> March 30. Attorneys general<br />
traditionally serve as counsel for racing commissions,<br />
and the Kentucky move, and the abrupt<br />
manner in which it was handled, was a total surprise.<br />
The chairman <strong>of</strong> the commission, Frank<br />
Shoop, said he wasn’t given a lot <strong>of</strong> detail, and<br />
didn’t know the reason. The attorney general’s<br />
spokeswoman said she was not allowed to say why<br />
the <strong>of</strong>fice was severing ties with the commission,<br />
but that the <strong>of</strong>fice, which represents many other<br />
state agencies, had not cut <strong>of</strong>f any others in recent<br />
memory. Responding to a statement by<br />
Shoop that “I assume it has something to do with<br />
the slot bill that’s going through,” the AG’s<br />
spokeswoman, Barbara Hadley Smith, said, “I<br />
can very strongly tell you that is not the case.”<br />
The commission’s executive director said the decision<br />
to withdraw could not come at a worse<br />
time, the commission’s budget having been cut<br />
from $1.3 million to $300,000 by the legislature<br />
and the commission now having to hire outside<br />
counsel.<br />
GAGLIANO GOES TO MAGNA<br />
Jim Gagliano, executive vice president and general<br />
manager <strong>of</strong> Philadelphia Park, resigned from<br />
that post today and announced he is leaving<br />
Greenwood, the parent <strong>of</strong> the track, effective Feb.<br />
22 to take a position with Magna Entertainment<br />
as head <strong>of</strong> their OTB operations, reporting to Jim<br />
McAlpine. Gagliano, formerly associate general<br />
manager <strong>of</strong> racing at The Meadowlands, left that<br />
track for Philadelphia Park when Hal<br />
Handel left the Jersey track to become<br />
chief executive <strong>of</strong>ficer <strong>of</strong> the Greenwood<br />
operation.<br />
February 13, <strong>2002</strong><br />
SARATOGA VLT VOTE TODAY<br />
The Saratoga County Board <strong>of</strong> Supervisors meets<br />
this afternoon at 4:45 in Saratoga Springs, NY,<br />
to vote on the issue <strong>of</strong> VLTs for HTA’s member<br />
Saratoga Equine Sports Center, and all advance<br />
handicapping indicates a favorable vote. Robert<br />
Hall, the chairman <strong>of</strong> the board, indicated he<br />
expects the board to approve the measure, and<br />
others involved with the issue -- including opponents<br />
<strong>of</strong> the idea -- also believe it will pass. Hall<br />
said the majority <strong>of</strong> speakers at two public hearings<br />
on the issue were in favor <strong>of</strong> VLTs, but Joe<br />
Dalton, president <strong>of</strong> the Saratoga Springs Chamber<br />
<strong>of</strong> Commerce, is dying hard, and said he will<br />
seek an injunction if the county board approves<br />
the VLTs.<br />
UPSON DOWNS AT CHURCHILL<br />
Churchill Downs had no sooner released its record<br />
net revenue <strong>of</strong> $427 million for 2001, up 17.6%<br />
from 2000, and record earnings <strong>of</strong> $22 million,<br />
up 15.2%, than it had to apologize to any Kentucky<br />
legislators it may have “cast in an unfavorable<br />
light.” President and CEO Tom Meeker<br />
made the financial announcements and told Wall<br />
Street analysts that Churchill saw alternative<br />
gaming as a means to strengthen its racing business.<br />
He said Churchill’s strategic objective was<br />
to get laws passed that would allow slots, electronic<br />
gambling or even full-fledged casinos at<br />
the seven tracks in five states that it owns outright<br />
or partially. He said that if it were successful<br />
in that quest, “It’s more likely than not that<br />
we would manage those facilities internally.” The<br />
apologies came from spokesman John Asher, who<br />
said that, in hindsight, Churchill should have<br />
“held ourselves to a higher standard” in FedExing<br />
$15,500 in campaign contributions the weekend<br />
before the legislative session began. The state legislative<br />
ethics committee ruled that no laws<br />
had been violated, but the action “fell well<br />
short <strong>of</strong> exercising good judgment.”
HARNESS TRACKS OF AMERICA<br />
Executive Newsletter<br />
A daily fax and e-mail report on racing and gaming developments in North <strong>America</strong> and beyond<br />
Stanley F. Bergstein, Editor<br />
A VALENTINE FOR SARATOGA<br />
It was Happy Valentine’s Day at the Saratoga<br />
Equine Sports Center this morning, after HTA’s<br />
member track received approval last evening<br />
from the Saratoga County Board <strong>of</strong> Supervisors<br />
to install video lottery terminals. Legal challenges<br />
and court decisions still lie ahead, but <strong>of</strong> the 23<br />
county supervisors, only 3 voted against the track<br />
having VLTs, and in a population-weighted vote<br />
the supervisors approved VLTs 175,164 to 25,474.<br />
One <strong>of</strong> the supervisors, Phil Klein, representing<br />
Saratoga Springs, summed up the sentiment <strong>of</strong><br />
his colleagues when he said, “Anytime we can<br />
vote to save 500 jobs and create 500 jobs, I believe<br />
we should.” One <strong>of</strong> the three supervisors<br />
who voted against the proposal tried twice to have<br />
it tabled, but was unable to do so. The meeting<br />
did produce some fine sound bites from the losers,<br />
though, with one <strong>of</strong> the objectors saying,<br />
“The state gets the elevator, the county, the city<br />
and the harness track get the shaft.” And Joe<br />
Dalton, the president <strong>of</strong> the Saratoga Springs<br />
Chamber <strong>of</strong> Commerce who noisily led the opposition,<br />
said, “The barn door is open and the<br />
horse is out.” Skip Carlson, general manager <strong>of</strong><br />
the Sports Center, saw it differently, saying he<br />
was “extremely grateful” to the supervisors, and<br />
“absolutely ecstatic” with the results <strong>of</strong> the vote.<br />
The SRO crowd in attendance, which the<br />
Saratogian said included many employees <strong>of</strong> the<br />
harness track and other supporters <strong>of</strong> VLTs, stood<br />
and applauded the supervisors after the final vote.<br />
VERIFYING, DELTA DOWNS<br />
As if confirming the enthusiasm expressed at the<br />
Saratoga vote, The Blood-Horse reported this<br />
morning that “hundreds <strong>of</strong> eager gamblers lined<br />
up Wednesday outside Delta Downs in Vinton,<br />
LA, to gamble in its new 1,500-machine<br />
slots parlor.” The facility opened yesterday<br />
after months <strong>of</strong> delay.<br />
February 14, <strong>2002</strong><br />
‘NOT FOR SALE’SIGN IN NY?<br />
He hasn’t outright said ‘no’ yet, but New York<br />
city’s new mayor Michael Bloomberg made it<br />
clear yesterday that selling New York City OTB<br />
is not one <strong>of</strong> his high priorities, despite facing a<br />
$4.8 billion budget deficit. The mayor did not<br />
include any proceeds from the sale <strong>of</strong> OTB in his<br />
budget for the city for this year, but also did not<br />
rule out selling the operation. He earlier indicated<br />
his intention <strong>of</strong> “maximizing the value <strong>of</strong><br />
the asset.”<br />
AND A HUGE WRITEOFF ON TV<br />
The advertising slump that hit the market in the<br />
last year has caused Rupert Murdoch’s News<br />
Corporation to take a $909 million operating<br />
charge in its second quarter, largely because <strong>of</strong><br />
the expense <strong>of</strong> its three national sports television<br />
contracts in the U.S. Murdoch, commenting on<br />
the announcement <strong>of</strong> the write<strong>of</strong>f this week, said,<br />
“I think you have to say that the prices being<br />
paid for sports have gone beyond an economic<br />
level, not just here but around the world.” The<br />
corporation’s Fox Entertainment Group wrote<br />
<strong>of</strong>f $387 million <strong>of</strong> its eight-year, $4.5 billion contract<br />
with the National Football League, $297<br />
million <strong>of</strong> its eight-year $1.9 billion NASCAR<br />
auto racing deal and $225 million <strong>of</strong> its six-year,<br />
$2.4 billion contract with Major League Baseball.<br />
Others have felt the impact as well, with<br />
General Electric’s NBC reportedly losing an estimated<br />
$300 million on its NBA telecasts. News<br />
Corporation said the downturn in advertising in<br />
this country prevented it from meeting sales forecasts<br />
for sports broadcasts.<br />
VARENNE RACES, DRIVER HERE<br />
The world’s best trotter, Varenne, races in Italy<br />
Sunday, but his regular driver, Giampaolo<br />
Minnuci, is headed for Las Vegas. Suspended<br />
for recalls in the Prix d’Amerique, which<br />
he won, Minnuci will accept HTA’s Nova<br />
award for Varenne at the Night <strong>of</strong> Stars.
HARNESS TRACKS OF AMERICA<br />
Executive Newsletter<br />
A daily fax and e-mail report on racing and gaming developments in North <strong>America</strong> and beyond<br />
Stanley F. Bergstein, Editor<br />
NEW SPORTS AUTHORITY BOSS<br />
The new governor <strong>of</strong> New Jersey, James E.<br />
McGreevey, has appointed a new head <strong>of</strong> the New<br />
Jersey Sports and Exposition Authority. His<br />
choice is financier George Z<strong>of</strong>finger, and both<br />
Z<strong>of</strong>finger and the governor apparently plan drastic<br />
shakeups. The governor said, “We will fundamentally<br />
change the way the New Jersey Sports<br />
and Exposition Authority does business,” and the<br />
new appointee, promised to “clean house” at the<br />
NJSEA. How far that cleaning goes remains to<br />
be seen, but Z<strong>of</strong>finger said, “I don’t have a list<br />
yet, but there has to be a list,” speaking <strong>of</strong> the<br />
number <strong>of</strong> executives he plans to lay <strong>of</strong>f in his<br />
shakeup. The Newark Star Ledger noted that<br />
“both Continental Airlines Arena and Giants Stadium<br />
were among the top grossing sports facilities<br />
in the nation last year, and the Meadowlands<br />
Racetrack remains the top harness track in the<br />
world.” Z<strong>of</strong>finger was New Jersey’s commerce<br />
commissioner under former governor Jim Florio.<br />
He said the state would have to seriously consider<br />
bringing VLTs to New Jersey’s tracks if New<br />
York moves forward with VLTs at tracks there.<br />
All counties that needed to sign <strong>of</strong>f on that plan<br />
in New York now have done so, clearing the way<br />
for Buffalo Raceway, Vernon Downs, Saratoga<br />
Equine Sports Center, Monticello Raceway and<br />
Yonkers Raceway to install VLTs once litigation<br />
is over.<br />
NOT QUITE ACCURATE<br />
A story on today’s Thoroughbred Times.com concerning<br />
an HTA study at the University <strong>of</strong> Arizona<br />
showing that racing is a bargain compared<br />
to major league sports was not quite accurate.<br />
The study was initiated by HTA as a joint HTA-<br />
TRA project, not on behalf <strong>of</strong> the Thoroughbred<br />
Racing Associations, and was supervised<br />
by HTA counsel Paul Estok. Student Pam<br />
White did the research, with thoroughbred<br />
data provided by Tony DiMarco <strong>of</strong><br />
TRA.<br />
February 15, <strong>2002</strong><br />
CONGRESS BEGINS TUESDAY<br />
The third <strong>Harness</strong> Racing Congress, organized<br />
by <strong>Harness</strong> <strong>Tracks</strong> <strong>of</strong> <strong>America</strong> and the United<br />
States Trotting Association in cooperation with<br />
the United States <strong>Harness</strong> Writers Association,<br />
gets underway at the Mirage in Las Vegas on<br />
Tuesday. Registration starts Monday, and 13<br />
harness racing organizations will take part. In<br />
addition to HTA, USTA and USHWA, those participating<br />
are the Association <strong>of</strong> Racing Commissioners<br />
International, Canadian Pari-Mutuel<br />
Agency, the Hambletonian Society/Breeders<br />
Crown, <strong>Harness</strong> Horse Youth Foundation, <strong>Harness</strong><br />
Racing Museum and Hall <strong>of</strong> Fame, North<br />
<strong>America</strong>n <strong>Harness</strong> Publicists Association, Racetracks<br />
<strong>of</strong> Canada, Societe Nationale du Cheval<br />
de Course, Standardbred Canada, and Standardbred<br />
Investigative Services.<br />
Individual group board meetings are scheduled<br />
for Tuesday, with general sessions Wednesday and<br />
Thursday. More than 20 presentations are scheduled,<br />
and speakers include Jim McAlpine, president<br />
and CEO <strong>of</strong> Magna Entertainment; John<br />
Long, president <strong>of</strong> Churchill Downs Management<br />
and executive VP and COO <strong>of</strong> Churchill Downs;<br />
J. Terrence Lanni, chairman and CEO, MGM/<br />
Mirage, and a director <strong>of</strong> Santa Anita and Del<br />
Mar; Lonny Powell, president <strong>of</strong> the Association<br />
<strong>of</strong> Racing Commissioners International;<br />
Alan Foreman, chairman/CEO <strong>of</strong> the Thoroughbred<br />
Horsemen’s Association; James Hickey,<br />
president <strong>of</strong> the <strong>America</strong>n Horse Council; U.S.<br />
Senator Lincoln Chafee <strong>of</strong> Rhode Island; Hector<br />
Clouthier, special adviser to Prime Minister<br />
Jean Chretien <strong>of</strong> Canada; and Tom Aronson, senior<br />
VP International <strong>of</strong> TVG. The Congress concludes<br />
Thursday with the Night <strong>of</strong> Stars, honoring<br />
the owners <strong>of</strong> the champion harness horses<br />
<strong>of</strong> 2001. More than 400 reservations have<br />
been received and owners from as far as<br />
Rome, Italy, will be on hand.
HARNESS TRACKS OF AMERICA<br />
Executive Newsletter<br />
A daily fax and e-mail report on racing and gaming developments in North <strong>America</strong> and beyond<br />
Stanley F. Bergstein, Editor<br />
McERLEAN NEW PRESIDENT<br />
Chris McErlean, vice president and general manager<br />
<strong>of</strong> the Meadowlands, is the newest president<br />
<strong>of</strong> <strong>Harness</strong> <strong>Tracks</strong> <strong>of</strong> <strong>America</strong>, and at 34 is the<br />
youngest ever to hold the post. He also is the<br />
second former HTA executive assistant to assume<br />
that position, the first being Tom Aldrich, general<br />
manager <strong>of</strong> Northfield Park.<br />
McErlean was elected to head a slate that includes<br />
outgoing president David S. Willmot as chairman<br />
<strong>of</strong> the board; Bruce Garland as vice chairman;<br />
Stan Bergstein as executive vice president; Mike<br />
Jeannot <strong>of</strong> The Meadows as senior vice president;<br />
and vice presidents Tom Chuckas Jr. <strong>of</strong> Rosecr<strong>of</strong>t<br />
Raceway, Laverne Hill <strong>of</strong> Scioto Downs, Jerry<br />
Schweibel <strong>of</strong> Buffalo Raceway and Charley<br />
Lockhart <strong>of</strong> Dover Downs. Paul Estok was elected<br />
as secretary and general counsel, and Hap Hansen<br />
returned as treasurer <strong>of</strong> the association. The<br />
Executive Committee, headed by McErlean, will<br />
include Hansen, Joe Lashinger Jr. <strong>of</strong> The Downs<br />
at Pocono, Brock Milstein <strong>of</strong> Northfield Park,<br />
Richard Orbann <strong>of</strong> Freehold Raceway, Jeff Smith<br />
<strong>of</strong> Hoosier Park, Mike Jeannot and Charles<br />
Lockhart, with Tom Aldrich, Bruce Garland,<br />
Lester McKeever and David Willmot as ex <strong>of</strong>ficio<br />
voting members. Mike Jeannot will head the<br />
Finance Committee, with Tom Chuckas, Jim<br />
Ormiston <strong>of</strong> WoodbineEntertainment Group,<br />
Conrad Sobkowiak <strong>of</strong> The Down at Pocono and<br />
Richard Moore <strong>of</strong> Hoosier Park as members. The<br />
Nominating Committee will include chairman<br />
Lester McKeever, former presidents Tom<br />
Aldrich, Bruce Garland, David Willmot and Paul<br />
Fontaine <strong>of</strong> Plainridge Racecourse.<br />
HTA also announced its 2003 annual meeting and<br />
awards dinner will be held March 4-9 at<br />
the new Westin Diplomat Resort in Hollywood,<br />
Florida.<br />
February 25, <strong>2002</strong><br />
PRESENTATIONS ONLINE<br />
The speakers at last week’s <strong>Harness</strong> Racing Congress<br />
in Las Vegas were exceptional, and drew<br />
enthusiastic acclaim from attendees. Because the<br />
substance <strong>of</strong> their remarks are <strong>of</strong> interest to all<br />
in racing, their presentations will appear in their<br />
entirety, including Power Point presentations, on<br />
the public section <strong>of</strong> HTA’s Web site,<br />
www.harnesstracks.com, just as soon as they have<br />
been transcribed.<br />
A GLORIOUS NIGHT OF STARS<br />
The editor has attended USHWA Award dinners<br />
for more than 40 years, and shares the view, expressed<br />
by many, that last Thursday’s Night <strong>of</strong><br />
Stars was the best in those four decades. The<br />
Mirage’s audio-visual department, responsible<br />
for lighting and sound, did full justice to Mike<br />
Sheehan’s and Alex Dadoyan’s video presentation,<br />
and the crowd <strong>of</strong> 421 included all major<br />
award winners. Unique and successful was a<br />
trio <strong>of</strong> masters <strong>of</strong> ceremonies -- Gary Seibel and<br />
Robin Burns <strong>of</strong> Television Games Network and<br />
Alan Kirschenbaum, executive producer and cocreator<br />
<strong>of</strong> the CBS comedy hit Yes Dear, head<br />
writer for three seasons <strong>of</strong> ABC’s popular series<br />
Coach, director <strong>of</strong> a number <strong>of</strong> episodes <strong>of</strong> CBS’s<br />
Everybody Loves Raymond, and a harness owner,<br />
breeder and driver as well as former announcer<br />
on the Breeders Crown telecasts. On hand from<br />
Rome to receive HTA’s and the harness writers’<br />
Nova and Dan Patch awards for older trotter <strong>of</strong><br />
the year were Francesco Ruffo, manager; Jori<br />
Turga, trainer; and Giampaolo Minucci, driver,<br />
<strong>of</strong> the world’s greatest trotter Varenne.<br />
HEARTFELT THANKS TO ALL<br />
The third <strong>Harness</strong> Racing Congress was a cooperative<br />
triumph because <strong>of</strong> a huge effort by the<br />
staffs <strong>of</strong> HTA, USTA, and the United States<br />
<strong>Harness</strong> Writers Association. A deep vote<br />
<strong>of</strong> thanks to all for long, hard work above<br />
and beyond the call <strong>of</strong> duty.
HARNESS TRACKS OF AMERICA<br />
Executive Newsletter<br />
A daily fax and e-mail report on racing and gaming developments in North <strong>America</strong> and beyond<br />
Stanley F. Bergstein, Editor February 26, <strong>2002</strong><br />
THE FIRST HAMMER FALLS In New Jersey, where thoroughbred leaders are<br />
During last week’s <strong>Harness</strong> Racing Congress in calling on all their political clout to reverse the<br />
Las Vegas, Dan O’Leary, HTA’s longtime legal state’s racing date allocation for <strong>2002</strong>, state senator<br />
Martha Bark has introduced a bill to allow<br />
counsel in Wagering Insurance Northamerica<br />
(WIN) warned HTA directors <strong>of</strong> the impending the governor to replace the entire racing commission.<br />
She played a key role in passage <strong>of</strong> <strong>of</strong>f-<br />
crisis in explosive premiums on renewal <strong>of</strong> present<br />
policies. He suggested that the best approach to track and account betting legislation, now stalled.<br />
the problem would be to utilize WIN, HTA’s existing<br />
<strong>of</strong>f-shore captive, rather than try to reinvent<br />
the wheel, and that a number <strong>of</strong> self-insurance<br />
options were available to all tracks -- harness,<br />
thoroughbred and greyhound-- under WIN.<br />
As if to echo O’Leary’s warnings, the hammer<br />
fell this week on trainers in California. Daily Racing<br />
Form reports today that after recent negotiations<br />
with one <strong>of</strong> two providers <strong>of</strong> workers’<br />
compensation coverage, Legion Insurance, collapsed,<br />
the trainers were notified over the weekend<br />
by State Fund, the only remaining provider,<br />
<strong>of</strong> huge rate increases, in some cases as high as<br />
100%. The Form reports that in addition to the<br />
huge escalation in premiums, State Fund is requiring<br />
deposits from trainers that range from<br />
$5,800 to $18,000.<br />
WIN’s program is open to everyone, and does<br />
not preclude tracks maintaining present broker<br />
relationships. While joining would not avert premium<br />
increases, any underwriting pr<strong>of</strong>its would<br />
be retained by the members <strong>of</strong> the captive, as they<br />
have been for years. Interested parties should<br />
contact Dan O’Leary in Chicago at 312-251-1000<br />
for further information.<br />
AH YES, POLITICS AND RACING<br />
In Kentucky, the chair <strong>of</strong> the Kentucky Majority<br />
Caucus, Democrat Jim Callahan, said a bill<br />
to give slots to tracks in the state would be introduced<br />
today, but that the House would not<br />
vote on the bill or even consider it in hearings<br />
until there were indications that the<br />
Republican-controlled Senate would look on<br />
it favorably.<br />
WHERE TO IN ILLINOIS?<br />
The Chicago Tribune’s editorial board has been<br />
interviewing major candidates for governor in<br />
Lincoln land, and today’s installment on the views<br />
<strong>of</strong> Republican candidates on gambling are illuminating.<br />
All three candidates-- Patrick<br />
O’Malley, Corinne Wood and Jim Ryan -- are in<br />
favor <strong>of</strong> auctioning casino licenses to the highest<br />
bidder when they come up for renewal. O’Malley<br />
thinks Illinois made a mistake getting into the<br />
casino business in the first place, and said that if<br />
it were up to him he would do away with the legalization<br />
<strong>of</strong> gambling. He said that if elected he<br />
would go to the people and find out by referendum<br />
if they wanted to continue with legalization<br />
<strong>of</strong> gambling. When asked if that extended to<br />
horse racing and the lottery, O’Malley said absolutely<br />
on the lottery, but that as for horse racing<br />
it promoted agriculture and he was supportive<br />
<strong>of</strong> agriculture.<br />
GOOD NEWS AND BAD<br />
Two former members <strong>of</strong> HTA, Batavia Downs in<br />
New York and Suburban Downs in Illinois, have<br />
returned to membership, bringing the total <strong>of</strong><br />
tracks and racing organizations to 36.<br />
On a deeply unhappy note, longtime HTA director<br />
Sid Anton, who at various times represented<br />
Maywood Park, Wolverine Raceway and<br />
Windsor Raceway on the HTA board, died in<br />
Florida at the age <strong>of</strong> 77. Our condolences,<br />
personal and corporate, to his widow Lois<br />
and to their six children.
HARNESS TRACKS OF AMERICA<br />
Executive Newsletter<br />
A daily fax and e-mail report on racing and gaming developments in North <strong>America</strong> and beyond<br />
Stanley F. Bergstein, Editor<br />
ALL THAT GLITTERS IS NOT GOLD<br />
The news <strong>of</strong> the day includes items that prove<br />
the old adage on glitter still holds.<br />
In Oklahoma, a city attorney in Sallisaw began<br />
foreclosure proceedings against Blue Ribbon<br />
Downs because the track’s owners could not catch<br />
up on a delinquent 1995 loan <strong>of</strong> $2.4 million from<br />
the city’s municipal trust authority. The track<br />
owes the trust $240,000 and no payments have<br />
been made since January <strong>of</strong> 2001. If the foreclosure<br />
goes forward, the track will be sold at a<br />
sheriff’s sale.<br />
In Nevada, Aladdin Gaming, the operator <strong>of</strong> the<br />
Aladdin Casino in Las Vegas, asked a federal<br />
bankruptcy judge for permission to liquidate the<br />
company’s assets through a court supervised<br />
auction <strong>of</strong> the property. The $1 billion casino<br />
resort, only 13 months old, sought Chapter 11<br />
bankruptcy protection from creditors last September,<br />
listing $698.1 million in assets and more<br />
than $593.4 million in debts. Previously, four<br />
other Las Vegas properties -- the Riviera, Stratosphere,<br />
Four Queens and Fitzgeralds had filed<br />
for bankruptcy. In another Nevada development,<br />
the Clark county board <strong>of</strong> equalization turned<br />
down a proposal that casinos should pay less<br />
property taxes because their ‘intangible’assets -<br />
- items like trademarks, customer bases and gaming<br />
licenses -- should be exempt from taxation.<br />
Had the petition been granted, it could have lowered<br />
the casinos’ property taxes by as much as<br />
22%. The casinos had argued that such assets<br />
accounted for 30% to 40% <strong>of</strong> a casino’s value,<br />
and should be excluded from the assessor’s appraisal.<br />
The argument fell on deaf ears.<br />
In West Virginia, Mountaineer Park<br />
stock fell as much as 23%, or $3.59, after<br />
the track reported continued difficulty<br />
in converting its slots to a $5 maximum bet.<br />
February 27, <strong>2002</strong><br />
In Louisiana, Boyd Gaming’s Delta Downs slots<br />
operation was closed for 24 hours by state police<br />
because casino employees were unable to reconcile<br />
slot receipts since February 15, had signed<br />
out cash in $10,000 increments to pay gamblers<br />
waiting for jackpots without completing proper<br />
paperwork, and failed three times to contact state<br />
agents when children were discovered in the gambling<br />
area.<br />
In the Caribbean, two <strong>of</strong>fshore sports books<br />
folded and left bettors stuck for millions, according<br />
to Interactive Gaming News. The two, Aces<br />
Gold Casino and Sports-Market, both owned by<br />
Seinpost Holding <strong>of</strong> Curacao, had been in business<br />
since 1996 and had enjoyed good reputations.<br />
Their demise represents a good argument<br />
why Internet wagering should be conducted by<br />
<strong>America</strong>n entities with established credentials.<br />
ON A BRIGHTER NOTE<br />
In Indiana, the House approved, 55-43, gambling<br />
legislation that includes electronic slotlike pull<br />
tabs for Hoosier Park and Indianapolis Downs,<br />
subject to voter approval in referendum votes in<br />
the tracks’counties. The measure now goes to a<br />
House-Senate conference committee where legislators<br />
will attempt to reach compromises during<br />
the final weeks <strong>of</strong> the current session.<br />
In Kentucky, with 26 days left in the legislative<br />
session, Democratic House Majority caucus<br />
chairman Jim Callahan and House Speaker Terry<br />
Clark, also a Democrat, introduced their slotsat-tracks<br />
bill, with bipartisan support from 13<br />
other representatives. It is questionalble, however,<br />
if the bill can get past the Republican controlled<br />
Senate, and both the Senate majority<br />
leader and Senate president said they doubted<br />
that the measure had enough support in that<br />
house. The bill provides track revenue on<br />
a sliding scale, from, 43% to 62%. on a<br />
“more you earn, more you pay” basis.
HARNESS TRACKS OF AMERICA<br />
Executive Newsletter<br />
A daily fax and e-mail report on racing and gaming developments in North <strong>America</strong> and beyond<br />
Stanley F. Bergstein, Editor<br />
WHEN UPSET, TURN ON RACING<br />
That seems to be happening with increasing frequency<br />
lately, the latest example being that <strong>of</strong><br />
Donald Stephens, the mayor <strong>of</strong> Rosemont, the<br />
Chicago suburb where the Emerald Casino sits<br />
in skeletal form. A story in today’s Chicago Tribune<br />
reports that Stephens, the central figure in<br />
drafting the final deal with Emerald that led to<br />
enabling legislation three years ago, now claims<br />
he was ‘snookered’ by racing lobbyists, and is<br />
threatening to scuttle the deal as structured by<br />
increasing the monies that would go to the state<br />
and slashing those scheduled to go to racing. The<br />
paper quotes Stephens saying, “The horse industry<br />
will get two times what the state gets, and<br />
that’s just not right. If this casino were getting<br />
ready to open in Rosemont with that in it, where<br />
the state gets less than half <strong>of</strong> what the horse racing<br />
industry gets, they won’t open here because<br />
we’ll stop it. I’d go before the Gaming Board<br />
and ask them not to issue the license.” Thom<br />
Serafin, an Arlington Park spokesman, wondered<br />
how come Stephens was taking the stand now,<br />
three years after the law’s passage and after three<br />
years <strong>of</strong> silence on the issue. “We’re befuddled<br />
by the whole thing,” Serafin said. “The detailed<br />
analyses <strong>of</strong> the legislation and the numbers were<br />
all there in black and white. The fact that things<br />
haven’t gone the way he (Stephens) would have<br />
liked shouldn’t mean that the 40,000 plus people<br />
who work in the horse racing industry should<br />
suffer and not be able to make a living.” The<br />
Tribune reported a stormy luncheon at which<br />
Dick Duchossois and Scott Mordell reportedly<br />
walked out after angry words with Stephens, but<br />
Duchossois denied that report and said he and<br />
Stephens merely had “agreed to disagree,” amicably.<br />
Others in Illinois racing said they felt betrayed<br />
by Stephens, and the long delayed<br />
casino issue has led to bitterness and<br />
charges <strong>of</strong> deceptions and outright lies.<br />
February 28, <strong>2002</strong><br />
HARDBALL AT THE NJSEA<br />
That was the headline in today’s Newark Star-<br />
Ledger, over a long story telling how Raymond<br />
Bateman, called “the most powerful member <strong>of</strong><br />
the Sports Authority board” by the newspaper,<br />
promised a fight over new Governor James<br />
McGreevey’s appointment <strong>of</strong> financier George<br />
Z<strong>of</strong>finger to head the agency. Bateman faxed a<br />
four-page statement to the agency’s 11 other commissioners,<br />
senior staff and Senate co-president<br />
Richard Codey saying Z<strong>of</strong>finger “can’t have my<br />
vote until he apologizes to the men and women<br />
who work at the Sports Authority.” Bateman<br />
was referring to Z<strong>of</strong>finger labeling the NJSEA a<br />
bastion <strong>of</strong> political patronage, although it is the<br />
top grossing sports and entertainment destination<br />
in the country, with the race track serving<br />
as what the Star-Ledger calls “the financial engine<br />
<strong>of</strong> the business.” According to the newspaper,<br />
Z<strong>of</strong>finger, a Democrat, must receive votes<br />
from 8 <strong>of</strong> the NJSEA’s 14 board members, 9 <strong>of</strong><br />
whom are Republicans, with 3 vacancies. The<br />
paper said NJSEA vice-chairwoman Candace<br />
Straight also sent a letter to her Republican colleagues<br />
on the board, and to the governor and<br />
Z<strong>of</strong>finger, saying she would not support the nomination<br />
until Z<strong>of</strong>finger explains his management<br />
philosophy and plans for the agency.<br />
AND HARDBALL IN NEW YORK<br />
Margaret DeFrancisco, the head <strong>of</strong> New York<br />
state’s lottery division, has said tracks should not<br />
expect any state financial help in covering the<br />
costs <strong>of</strong> installing and operating VLTs. Tom Precious,<br />
writing for Blood-Horse Interactive, quotes<br />
Ms. DeFrancisco as saying, “I don’t know where<br />
it (construction funds) would come from. There’s<br />
just so much that can be done.” Between high<br />
costs for construction <strong>of</strong> facilities and a threeyear<br />
sunset provision on the VLT legislation,<br />
plus legal challenges, no immediate<br />
action seems likely in New York.
HARNESS TRACKS OF AMERICA<br />
Executive Newsletter<br />
A daily fax and e-mail report on racing and gaming developments in North <strong>America</strong> and beyond<br />
Stanley F. Bergstein, Editor<br />
BATAVIA GETS LICENSE, IN HTA<br />
After a long and persistent legislative and competitive<br />
battle, Western Regional OTB has received<br />
its license from the New York Racing and<br />
Wagering Board to operate live and simulcast<br />
racing at Batavia Downs, and plans to open an<br />
85-night meeting July 29. When it does, it will<br />
once again fly the flag <strong>of</strong> <strong>Harness</strong> <strong>Tracks</strong> <strong>of</strong><br />
<strong>America</strong>, returning Batavia to the fold as HTA’s<br />
36th member. President and GM Marty<br />
Basinait, who had Western OTB buy Batavia for<br />
$2.5 million and then led the fight in Albany and<br />
elsewhere to have it licensed, will join the HTA<br />
board as Batavia’s director. The track recently<br />
received county approval to install state-sanctioned<br />
VLTs, and will incorporate them into its<br />
operation as soon as the state resolves legal challenges<br />
to them.<br />
GLAZER’S DAD FILES HUGE SUIT<br />
Samuel Glazer, co-founder <strong>of</strong> Mr. C<strong>of</strong>fee and<br />
father <strong>of</strong> Bob Glazer, perenially one <strong>of</strong> harness<br />
racing’s leading owners, has filed a billion dollar<br />
lawsuit in Cleveland against Lehman Brothers<br />
and SG Cowen Corporation. The suit accuses<br />
those firms <strong>of</strong> allowing Frank Gruttadauria<br />
to conduct a 15-year financial scam and asks for<br />
$500 million in punitive damages against each<br />
firm and $40 million in actual losses.<br />
Gruttadauria, who law enforcement agencies<br />
had been unable to find for a month, surrendered<br />
on February 9. The SEC filed fraud charges<br />
against him last week, accusing him <strong>of</strong> stealing<br />
at least $40 million from more than 50 clients.<br />
Glazer’s attorney said his client had invested $7<br />
million with Gruttadauria in July, 1998, and had<br />
account statements from Lehman representing<br />
his account to be worth $24 million when it actually<br />
contained only $15,000. Lehman <strong>of</strong>fered<br />
to return only the original $7 million.<br />
A Cleveland grocery chain operator<br />
also sued Lehman for losses <strong>of</strong> $26 million.<br />
March 1, <strong>2002</strong><br />
FLORIDA SLOTS TO FULL HOUSE<br />
Pompano Park -- and Florida’s 30 other racing<br />
and jai alai operations -- have something to savor<br />
this weekend, after a bill to allow VLTs<br />
passed a final House committee and advanced to<br />
the floor <strong>of</strong> the full House. A similar Senate bill<br />
bogged down in committee, but should be heard<br />
next week. The House bill’s chief sponsor, Democratic<br />
representative Ron Greenstein, says the<br />
bill will put $641 million into Florida education.<br />
A Key Largo legislator, Rep. Ken Sorensen, said,<br />
“In these days, that’s kind <strong>of</strong> hard to look away<br />
from.”<br />
AS STATED IN LAS VEGAS....<br />
Attendees at last week’s Racing Congress in Las<br />
Vegas were told that smart cards and other technological<br />
advances in coming years would make<br />
reception <strong>of</strong> racing statistics and signals ubiquitous,<br />
in cars, <strong>of</strong>fices, homes, everywhere. Evidence<br />
<strong>of</strong> the accuracy <strong>of</strong> that prediction came<br />
quickly, with the announcement <strong>of</strong> a company<br />
called Performance Technology that it had contracted<br />
with another called eConnect to produce<br />
a PlayersCash smart card that will allow electronic<br />
cash transfers to be sent through the<br />
Internet to either open or replenish an OTB track<br />
betting account. The company said the combination<br />
<strong>of</strong> the new smart card and a PIN will act<br />
as a comprehensive authentication device for<br />
defining the age and location <strong>of</strong> the player, and<br />
lends itself toward implementation <strong>of</strong> other home<br />
gaming services.<br />
IN THE NEWS....<br />
SKIP CARLSON has been named general manager<br />
<strong>of</strong> the Saratoga Equine Sports Center...Delaware<br />
county fair’s Lady Pace on Sept.<br />
14 will honor HTA vice president LAVERNE<br />
HILL, president <strong>of</strong> Mid-<strong>America</strong> at Scioto<br />
Downs... HTA sends condolences to Newark<br />
Star-Ledger harness columnist RAY<br />
BRIENZA on the death <strong>of</strong> his wife, Una.
HARNESS TRACKS OF AMERICA<br />
Executive Newsletter<br />
A daily fax and e-mail report on racing and gaming developments in North <strong>America</strong> and beyond<br />
Stanley F. Bergstein, Editor<br />
FOR THE RACING CHEMISTS<br />
The editor’s Daily Racing Form column on EPO<br />
and its derivatives, in online editions <strong>of</strong> Friday and<br />
the print edition <strong>of</strong> Saturday, apparently touched<br />
the nerves <strong>of</strong> some members <strong>of</strong> the AORC, the<br />
organization <strong>of</strong> racing chemists. They were spending<br />
valuable research time discussing it on their<br />
chat lines, with one comment noting that I had<br />
missed last week’s stories from Great Britain <strong>of</strong> a<br />
surprise dawn search <strong>of</strong> six jump training centers,<br />
resulting in 408 tests for EPO, all coming up empty.<br />
I had not missed the stories, nor the follow-up<br />
story by Jonathon Powell in The Mail in which he<br />
wrote that he had “uncovered fresh evidence <strong>of</strong><br />
the trade in the illegal and performance-enhancing<br />
drug EPO, which can be used to boost a horse’s<br />
stamina.” Powell went on to write, “One <strong>of</strong> the<br />
most successful jump trainers in the business revealed<br />
to me yesterday that six weeks ago he was<br />
<strong>of</strong>fered unlimited supplies by one <strong>of</strong> his own stable<br />
lads, who had previously held a trainer’s<br />
license.....He indicated that he could get the EPO<br />
from Spain via a contact in this country (Great<br />
Britain).” Last year, in New Jersey, state police<br />
found more than 200 bottles <strong>of</strong> EPO on the farm<br />
<strong>of</strong> now-suspended trainer Richard Chansky. EPO,<br />
it appears, is in plentiful supply on both sides <strong>of</strong><br />
the Atlantic, and in the hands <strong>of</strong> horsemen. If the<br />
racing chemists do not think it is a high priority to<br />
develop a test for this stuff that will stand legal<br />
challenges -- which was the gist <strong>of</strong> the Racing Form<br />
column -- the editor still does.<br />
SWIATEK A WILD THING<br />
The HTA <strong>of</strong>fice receives calls from time to time<br />
asking about the whereabouts <strong>of</strong> John Swiatek,<br />
president <strong>of</strong> HTA from 1994 to 1996. It turns out<br />
he is an owner <strong>of</strong> the newly established Washington<br />
Wild Things, an independent pr<strong>of</strong>essional<br />
baseball team that will play 84<br />
games in the 12-team Frontier League this<br />
season, starting May 29.<br />
March 4, <strong>2002</strong><br />
Swiatek, managing partner <strong>of</strong> the new team, is<br />
having the time <strong>of</strong> his life. The team formerly was<br />
the Canton, Ohio, Crocodiles, and the first thought<br />
after purchase was to rename them the Washington<br />
Generals, since their home base is Washington,<br />
PA, hard by The Meadows, which Swiatek ran.<br />
Recalling the team that carried that name through<br />
countless seasons as the Harlem Globetrotters’<br />
foils, the Generals was discarded and the Wild<br />
Things adopted. Kent Tekulve, who pitched for<br />
the Pittsburgh Pirates from 1975 to 1985, after<br />
which he played four more seasons with the Philadelphia<br />
Phillies, is the Wild Things Director <strong>of</strong><br />
Baseball Operations. Ross Vechhio, who served<br />
in both the St. Louis Cardinals and Montreal Expos<br />
organizations, is general manager, and Joe<br />
Charboneau, rookie <strong>of</strong> the year with the Cleveland<br />
Indians in 1980, is the team’s hitting coach.<br />
Swiatek also is an investor in a water technology<br />
company that specializes in water line infrastructures,<br />
and does racing consulting. His team will<br />
play in a brand new facility at the intersection <strong>of</strong><br />
routes 70 and 79, less than three miles from The<br />
Meadows.<br />
HOW BIG? THIS BIG<br />
How big is the Internet gambling business these<br />
days? Big enough that online casinos have become<br />
the fifth largest ad buyer on the Internet,<br />
according to a Jupiter Media Metrix study. The<br />
company says online casinos “are now competing<br />
for advertising mindshare with the most visible<br />
industries, including retail, financial services and<br />
travel.” In another development <strong>of</strong> interest to all<br />
track operators, the March issue <strong>of</strong> Wired magazine<br />
features a long story called “The High Tech<br />
Trifecta”, with a subhead reading, “They’ve got<br />
multimillion-dollar bankrolls, lightning-fast networks,<br />
and a probability-crunching system that<br />
leaves the odds in the dust. Meet the parimutuel<br />
fund managers who are redefining<br />
horse racing.” It’s fascinating reading. and<br />
we have copies.
HARNESS TRACKS OF AMERICA<br />
Executive Newsletter<br />
A daily fax and e-mail report on racing and gaming developments in North <strong>America</strong> and beyond<br />
Stanley F. Bergstein, Editor<br />
TWO STATES AT CROSSROADS<br />
It’s crunch time in two neighboring midwestern<br />
states, and the coming weeks are critical. In Kentucky,<br />
hearings have begun on the possibility <strong>of</strong><br />
VLTs for Kentucky tracks, and the heavy hitters<br />
have come forward with testimony. In Indiana, a<br />
House-Senate conference committee is debating<br />
slot-like pull tabs for Hoosier Park, Indianapolis<br />
Downs and two OTBs.<br />
The Kentucky debate included a three-hour formal<br />
hearing on Monday and heated consideration<br />
<strong>of</strong> the matter now is underway. Long gone from<br />
racing is Ted Bassett’s “mythical armada” <strong>of</strong> a<br />
decade ago, with a gambling fleet now across the<br />
Ohio river and firing away in easy range <strong>of</strong><br />
Churchill Downs. Keeneland has met the future,<br />
and president Nick Nicholson ackowledges that<br />
“the situation changed” and Keeneland now favors<br />
VLTs from both an <strong>of</strong>fensive position and<br />
defensive one, both seeking slots and defending<br />
against others in the state getting them with tracks<br />
left out. Although discussions in Kentucky’s legislature<br />
and on its racing commission center on<br />
thoroughbred racing, Nicholson -- a realist and<br />
former high level legislative aide - knows that any<br />
bill will have to incorporate both breeds in Kentucky,<br />
and he says he would prefer to enter into<br />
some cooperative arrangement with HTA’s member<br />
The Red Mile. “Whether the slots would actually<br />
be here, there, or somewhere else is something<br />
we’d have to determine,” Nicholson told<br />
Daily Racing Form, and the Red Mile’s location,<br />
a mile from the heart <strong>of</strong> downtown Lexington, obviously<br />
is highly attractive. The current situation<br />
was summarized best by Churchill Downs president<br />
Alex Waldrop, who said, “We are in an arena<br />
that we don’t control, and it’s impossible to predict<br />
what will happen over the coming<br />
weeks in Frankfort.” The Indiana pulltab<br />
issue also will be voted up or down in<br />
the days ahead.<br />
March 5, <strong>2002</strong><br />
GANDHI HEADS FOR POMPANO<br />
Well, okay, not the real Gandhi, long gone and<br />
missed, but the man whose portrayal <strong>of</strong> him won a<br />
Best Actor Academy Award, and who now has put<br />
down the sheet and put on clothes and a snarl and<br />
was nominated for Best Supporting Actor Oscar<br />
for Sexy Beast, along with earlier Academy Award<br />
nomination for Bugsy. That’s Sir Ben Kingsley, <strong>of</strong><br />
course, knighted last year in London, and he will<br />
be taking up residence at Pompano Park where<br />
nearly 40% <strong>of</strong> a new film, All for Nothin’, will be<br />
shot. The story is based on the true story <strong>of</strong> telecommunications<br />
pioneer Walter L. Shaw and his<br />
son Walter T., the confessed ‘Dinner Time<br />
Burgler’. Filming is scheduled to start early next<br />
month. Casting is underway, but no word yet on a<br />
role for Steve Wolf.<br />
IS GARY ON TO SOMETHING?<br />
The question <strong>of</strong> the day is what does Gary<br />
Piontkowski, president <strong>of</strong> HTA’s New England<br />
member Plainridge Racecourse, know that we<br />
don’t?<br />
Word has reached here that Plainridge is introducing<br />
a Stan Bergstein Pace in July, a late-closing<br />
open event for 3-year-olds with eliminations<br />
on July 15 and a final on July 22.<br />
As everyone knows, those kind <strong>of</strong> events are usually<br />
memorials, and we are waiting for the other<br />
shoe to drop. We scheduled a quick medical<br />
checkup followed the notification, and were given<br />
clearance to schedule a flight for Boston whenever<br />
we chose, and to run in the Boston Marathon<br />
if scheduling can be arranged. We don’t plan to<br />
leave until July, but if you want to reach us on July<br />
22, just call Plainridge.<br />
Meantime, our deep thanks to Gary, and<br />
to racing secretary Paul Varrette for not<br />
scheduling the series for geldings.
HARNESS TRACKS OF AMERICA<br />
Executive Newsletter<br />
A daily fax and e-mail report on racing and gaming developments in North <strong>America</strong> and beyond<br />
Stanley F. Bergstein, Editor<br />
RACING’S LEGISLATIVE HALLS<br />
Senate and House conferees were scheduled to<br />
meet again this afternoon in Indianapolis, hoping<br />
to hammer out a conference accord that would pass<br />
muster with the state’s governor, Frank O’Bannon.<br />
The fate <strong>of</strong> slotlike pull tabs for Hoosier Park and<br />
Indianapolis rests in the balance, precariously, and<br />
could be impacted favorably by large ads in Louisville<br />
newspapers urging legislators in that state<br />
to vote for VLTs at Kentucky’s tracks to <strong>of</strong>fset<br />
Kentucky gambling money going to Indiana. The<br />
conference committee chairman in the Indiana legislature,<br />
Senator Gregory Server <strong>of</strong> Evansville,<br />
said, “We have to get something passed by the<br />
House and Senate, then the governor has to do<br />
what he has to do. That’s his thing,” referring to<br />
the governor’s veto power. “Sure, we’re going to<br />
take that into consideration, but hopefully we can<br />
give him a deal he can’t refuse.”<br />
In Iowa, the Des Moines Register, quoting Polk<br />
county supervisor Jack Bishop, reports that a proposal<br />
to sell Prairie Meadows Racetrack and Casino<br />
to the Racing Association <strong>of</strong> Central Iowa for<br />
$150 million is dead. “A sale is pretty much <strong>of</strong>f at<br />
this time,” Bishop said. “Maybe sometime down<br />
the road there will be another opportunity to think<br />
about getting the county out <strong>of</strong> the gambling business.”<br />
For the present, Bishop thinks attention<br />
should turn to next November’s elections, where<br />
Polk county voters will decide whether to allow<br />
gambling in the county for another eight years. A<br />
draft appraisal <strong>of</strong> $107 million raised the ire <strong>of</strong><br />
county supervisors, in view <strong>of</strong> a $242 million analysis<br />
<strong>of</strong> Prairie Meadows’ value five years ago. The<br />
county gets $12 million plus a percentage <strong>of</strong> track<br />
pr<strong>of</strong>its annually, but negotiations are ongoing on<br />
future lease arrangements. Prairie Meadows<br />
chafes under a gaming tax that increases<br />
2% a year and will reach 36% in 2004.<br />
March 6, <strong>2002</strong><br />
In West Virginia, Mountaineer Park is taking an<br />
innovative approach to expansion, considering a<br />
partnership arrangement in which it would help the<br />
state’s division <strong>of</strong> highways build a toll bridge<br />
across the Ohio river to provide easier access to<br />
the track for Ohio residents. The state already<br />
has said that the track would be expected to participate<br />
in the cost to connect West Virginia route<br />
2 with Ohio route 7.<br />
In Pennsylvania, the former mayor <strong>of</strong> Philadelphia,<br />
hoping to be the Democratic candidate for governor,<br />
says he favors VLTs at tracks as a means <strong>of</strong><br />
raising $500 million in new funds needed for education.<br />
Candidate Edward Rendell says one in<br />
three schools in Pennsylvania faces a budget shortfall<br />
this year, and that 2,500 VLTs at each track<br />
could provide $469 million toward that goal.<br />
Rendell’s Republican opponent in the Democratic<br />
primary, Robert P. Casey Jr., also favors VLTs at<br />
the track, but wants the money raised to go to senior<br />
citizens.<br />
In British Columbia, the government has replaced<br />
four pieces <strong>of</strong> gambling legislation in a single gaming<br />
act that places all gambling, including horse<br />
racing, under the supervision <strong>of</strong> the British Columbia<br />
Lottery Corporation, with the Gaming<br />
Policy and Enforcement Branch conducting registrations,<br />
audits and investigations for the entire<br />
gambling sector.<br />
In New South Wales in Australia, which includes<br />
the nation’s largest city, Sydney, racing has gone<br />
to the government seeking a ban on mobile telephones<br />
at the track. Racing says the industry<br />
needs protection from privately-run interstate betting<br />
shops in the Northern Territory and elsewhere<br />
that compete directly with the Totalisator Agency<br />
Board (TAB) <strong>of</strong>f-track operations and licensed<br />
bookmakers, who are legal in New South<br />
Wales.
HARNESS TRACKS OF AMERICA<br />
Executive Newsletter<br />
A daily fax and e-mail report on racing and gaming developments in North <strong>America</strong> and beyond<br />
Stanley F. Bergstein, Editor<br />
MAGNA STRIKES 11TH TIME<br />
Magna Entertainment tossed another hundred<br />
million in the pot yesterday, entering an agreement<br />
to buy Lone Star Park near Dallas. Magna’s chairman,<br />
Frank Stronach, called the purchase “another<br />
step in MEC’s program <strong>of</strong> expanding its racing<br />
and wagering operations through the ownership <strong>of</strong><br />
the country’s premier racetrack properties.” The<br />
agreement calls for $80 million in cash and assumption<br />
<strong>of</strong> liabilities including a capital lease obligation<br />
<strong>of</strong> some $19 million to the city <strong>of</strong> Grand Prairie.<br />
The track was built for $100 million and opened<br />
six years ago. Lone Star joins Bay Meadows,<br />
Golden Gate Fields, Great Lakes Downs,<br />
Gulfstream Park, The Meadows, Portland Meadows,<br />
Remington Park, Santa Anita, Thistledown<br />
and Multnomah Greyhound Park as part <strong>of</strong> the<br />
Magna stable.<br />
A twelfth property appears on the Magna horizon,<br />
because Robert O’Malley, CEO <strong>of</strong> Suffolk Downs,<br />
said this week that negotiations for Magna to lease<br />
Suffolk “are continuing and I’m optimistic there<br />
will be a deal. There’s just some added housekeeping<br />
that has to be done before it happens.”<br />
SHAWN SCOTT AFTER VERNON<br />
Shawn Scott, the 35-year-old gambling entrepreneur<br />
who bought Delta Downs for $10 million and<br />
sold it to Boyd Gaming for $130 million, has agreed<br />
to loan Vernon Downs $400,000 for operational<br />
purposes and also has purchased at least 19,000<br />
shares <strong>of</strong> stock -- 4% <strong>of</strong> the total -- as he moves to<br />
gain a controlling interest in the track. Justice<br />
Cheney, president <strong>of</strong> Vernon, told the Associated<br />
Press that Scott is negotiating with other large<br />
shareholders, including bankruptcy <strong>of</strong>ficials, to end<br />
up with a majority <strong>of</strong> the stock. How this will affect<br />
an option held by Eric Cherry, Sandy<br />
Goldfarb and Steven Goldberg is uncertain.<br />
March 7, <strong>2002</strong><br />
That trio has notified Vernon in writing that they<br />
intend to exercise their option to purchase the<br />
track, pending shareholder and regulatory approval.<br />
Should Scott succeed in obtaining enough<br />
shareholder support to block approval <strong>of</strong> the option,<br />
it could clear the way for him to acquire<br />
Vernon. All actions have been delayed by a pending<br />
audit and SEC inquiries.<br />
FATE OF MILLIONS IN DOUBT<br />
The continuing civil war in Maryland racing has<br />
once again put a multimillion purse subsidy in<br />
doubt. The speaker <strong>of</strong> the Maryland House,<br />
Casper R. Taylor Jr., chose not to introduce a bill<br />
on racing’s behalf this week because thoroughbred<br />
and harness interests still have not reached a mutually<br />
satisfactory compromise. When the Baltimore<br />
Sun asked Taylor if it was a longshot that<br />
money would be approved in the budget crisis atmosphere<br />
<strong>of</strong> the current legislative session, Taylor<br />
said, “I’ll guarantee that it is.”<br />
Taylor had been looking for a compromise bill on<br />
the so-called 6:15 law, which Rosecr<strong>of</strong>t felt all parties<br />
had signed <strong>of</strong>f on some time ago. Under that<br />
proposed compromise, Rosecr<strong>of</strong>t would have<br />
waived the 6:15 p.m. barrier on thoroughbred simulcasting<br />
in return for free enterprise, in which<br />
all signals, in and out <strong>of</strong> the state, would be available<br />
to all at any time. Rosecr<strong>of</strong>t’s GM and CEO,<br />
Tom Chuckas Jr., told the Sun, “From Day One,<br />
our position has been the same; it was always a<br />
trade.” It is customary, <strong>of</strong> course, in disputes like<br />
this, to paint the harness side as the villain in media.<br />
It happened in New Jersey as well as Maryland,<br />
where the runners would like the whole pie.<br />
Still to be resolved is the issue <strong>of</strong> whether monies<br />
paid by the tracks into a fund for track improvements<br />
can be retrieved for purse purposes. As<br />
Taylor indicated, that might be a longshot too,<br />
unfortunately, but Rosecr<strong>of</strong>t will continue<br />
to pursue it.
HARNESS TRACKS OF AMERICA<br />
Executive Newsletter<br />
A daily fax and e-mail report on racing and gaming developments in North <strong>America</strong> and beyond<br />
Stanley F. Bergstein, Editor<br />
NEW ERA AT NORTHLANDS<br />
HTA’s member Northlands Park in Edmonton,<br />
Alberta, opens its <strong>2002</strong> season today with two problems<br />
all tracks wish they could face: the highest<br />
purse structure in its history, and a stable area<br />
overflowing with horses. Thanks in large part to<br />
increased revenue from the track’s 262 slot machines,<br />
Northlands expects its average daily purse<br />
distribution to be $112,000, up 18% over last<br />
spring’s average <strong>of</strong> $95,000. With the high purse<br />
schedule and plenty <strong>of</strong> horses to compete for the<br />
money, horsemen know they are only going to get<br />
to race their horses every other week, rather than<br />
weekly, because <strong>of</strong> the supply. Northlands will<br />
race only two programs a week -- Friday and Saturday<br />
-- until the end <strong>of</strong> this month, when Wednesdays<br />
will be added to the schedule. Weeknight<br />
post time will be 6 p.m., Saturday afternoon cards<br />
will start at 1 p.m.<br />
A BONUS IN KENTUCKY?<br />
It’s too early to tell if Kentucky will get VLTs, but<br />
if the legislation put forth by the state’s tracks<br />
passes, there will be a bonus above and beyond<br />
the machines. The bill also provides for repeal <strong>of</strong><br />
the license and admission taxes on Kentucky<br />
tracks, which last year amounted to more than<br />
$600,000. The chief sponsor <strong>of</strong> the bill in the<br />
House, Jim Callahan, says the loss <strong>of</strong> tax revenue<br />
would be minimal compared to the revenues that<br />
VLTs would produce. If the tracks’ projections<br />
are right, Callahan’s comments are understated.<br />
The tracks think the state could get $40 million in<br />
the first year, $142 million in the second, and more<br />
than $300 million a year after that. Callahan told<br />
the Associated Press that “It’s the only type <strong>of</strong><br />
revenue you can look at and say each year it’s<br />
going to get better. And it doesn’t cost the<br />
taxpayer a penny.” The license tax, which<br />
the tracks propose repealing, currently<br />
costs Churchill Downs $1,500 a day, and<br />
smaller tracks $500 or so a day.<br />
March 8, <strong>2002</strong><br />
DOVER SPINOFF MARCH 18<br />
Dover Downs Entertainment’s board <strong>of</strong> directors<br />
has approved the spin<strong>of</strong>f <strong>of</strong> its gaming interests,<br />
and that division <strong>of</strong> the company’s business will<br />
take place a week from Monday, on March 18.<br />
The gaming business, including HTA’s member<br />
Dover Downs, will be transferred to Dover Downs<br />
Gaming & Entertainment, a newly formed Delaware<br />
corporation, with 100% <strong>of</strong> the shares <strong>of</strong> that<br />
company’s common stock and Class A common<br />
stock being distributed, on a pro rata basis, to<br />
Dover Downs Entertainment’s stockholders. Dover<br />
Downs Entertainment will change its name to<br />
Dover Motorsports, <strong>Inc</strong>. and will continue trading<br />
on the New York Stock Exchange under its existing<br />
symbol <strong>of</strong> DVD. The new gaming group has<br />
been authorized to list its shares <strong>of</strong> common stock<br />
on the New York Stock Exchange under the symbol<br />
DDE and will be publicly traded for the first<br />
time on or about the effective distribution date <strong>of</strong><br />
March 31. No Dover Downs Entertainment stockholder<br />
will be required to pay cash or other consideration<br />
for any shares <strong>of</strong> Gaming & Entertainment<br />
stock received in the spin<strong>of</strong>f, or to surrender<br />
or exchange shares <strong>of</strong> DDE in order to receive<br />
Gaming and Entertainment stock. IRS has issued<br />
a ruling that the stock distribution will be tax free,<br />
except for cash received in lieu <strong>of</strong> fractional<br />
shares, which will not be issued as such. Dover<br />
Downs Gaming and Entertainment will consist <strong>of</strong><br />
Dover Down Slots, the newly built Dover Downs<br />
Hotel and Conference Center, and Dover Downs<br />
Raceway.<br />
AN IOWA SLUGFEST AHEAD?<br />
Without fanfare, a bill to eliminate the Racing Association<br />
<strong>of</strong> Central Iowa, which holds the license<br />
and operates Prairie Meadows Racetrack and<br />
Casino, and replace it with local <strong>of</strong>ficials, has won<br />
committee approval in the Iowa House. The<br />
bill also calls for two votes in November,<br />
one on continuing horse racing and the other<br />
on continuing the casino.
HARNESS TRACKS OF AMERICA<br />
Executive Newsletter<br />
A daily fax and e-mail report on racing and gaming developments in North <strong>America</strong> and beyond<br />
Stanley F. Bergstein, Editor<br />
MAGNA STOCK OFFERING<br />
Magna Entertainment has announced that it now<br />
is proceeding with the stock <strong>of</strong>fering it first announced<br />
on Oct. 26 <strong>of</strong> last year, but deferred “in<br />
view <strong>of</strong> market conditions.” Magna now intends<br />
to proceed with a public <strong>of</strong>fering <strong>of</strong> 20 million<br />
shares <strong>of</strong> its Class A Subordinate Voting Stock in<br />
the U.S. and Canada. Magna says the net proceeds<br />
will be used for general corporate purchases,<br />
including repayment <strong>of</strong> borrowings, working capital,<br />
capital expenditures and the potential acquisition<br />
or construction and development <strong>of</strong> additional<br />
racetracks and related entertainment operations,<br />
training centers, OTB facilities and account wagering<br />
operations.<br />
THE ROCK ON THE MARKET<br />
Blaming the state legislature for sealing the fate<br />
<strong>of</strong> his track by defeating a bill that would have allowed<br />
VLTs, Rockingham Park general manager<br />
Ed Callahan says it no longer is a matter <strong>of</strong><br />
whether Rockingham will close, but when, and that<br />
the track’s owners are trying to sell the plant. “I<br />
don’t believe there is any long-term viability for<br />
horse racing in New Hampshire,” he said. “The<br />
light at the end <strong>of</strong> the tunnel isn’t there.”<br />
Rockingham had sought slots all winter, but a bill<br />
to permit was killed by the House last month.<br />
Callahan says Rockingham will complete its <strong>2002</strong><br />
season and simulcasting operations, but will not<br />
decide until later this year as to whether it will seek<br />
a license for 2003.<br />
KY VETS MAY GO OWN WAY<br />
Kentucky track veterinarians, and others who<br />
share their views, may formalize into a vets’ organization<br />
separate from the <strong>America</strong>n Association<br />
<strong>of</strong> Equine Practitioners. Currently known as<br />
The Race Track Practitioners, the rump<br />
group says it feels their minority views on<br />
race day medication and other issues are not<br />
being heard.<br />
March 11, <strong>2002</strong><br />
The Blood-Horse quotes Dr. Arnold Pessin, one <strong>of</strong><br />
the most vocal <strong>of</strong> the Kentucky group, as saying<br />
current AAEP efforts to implement uniform medication<br />
rules represent “a stacked committee, cloak<br />
and dagger.” Dr. Jerry Johnson, a Kentucky veterinarian<br />
who tried but failed to be included on an<br />
industry-wide AAEP-sponsored committee studying<br />
the problem, said that group “feels Kentucky<br />
is the root <strong>of</strong> all evil -- a druggie state.” AAEP<br />
president Dr. Jerry Black told Blood-Horse that<br />
the medication group did listen to vets, and “ended<br />
up with a policy that supports the broader issue <strong>of</strong><br />
uniformity in medication. The AAEP policy is more<br />
mainstream in what’s being done across the United<br />
States.” That policy rejects the Kentucky wish<br />
for use <strong>of</strong> multiple therapeutics on race day.<br />
MASTER OF HIS CRAFT IS GONE<br />
The death <strong>of</strong> Ted Leonard last week at 76 removes<br />
from the harness racing scene one <strong>of</strong> the most<br />
outstanding practitioners <strong>of</strong> the craft <strong>of</strong> racing classification.<br />
The editor knew and regarded<br />
Leonard’s father as one <strong>of</strong> the most accomplished<br />
trainers in Illinois harness racing, and grew up in<br />
the sport as a contemporary <strong>of</strong> Ted’s as he served<br />
with distinction at 20 tracks in the sport. Ted knew<br />
the job so completely and thoroughly, in all its nuances<br />
and complexities, that he was admired by<br />
horsemen as a master <strong>of</strong> his craft. Our condolences<br />
to his family.<br />
MARYLAND LOOKS FOR EXEC<br />
The Maryland Racing Commission is looking for<br />
a replacement for the veteran Ken Schertle, now<br />
retired. Candidates must have 10 years <strong>of</strong> experience<br />
in administrative or pr<strong>of</strong>essional work, including<br />
5 related to the pari-mutuel industry. Applications<br />
and resumes should be sent to the commission<br />
at 500 North Calvert Street, room 201,<br />
Baltimore, MD 21202, with postmarks no<br />
later than March 15.
HARNESS TRACKS OF AMERICA<br />
Executive Newsletter<br />
A daily fax and e-mail report on racing and gaming developments in North <strong>America</strong> and beyond<br />
Stanley F. Bergstein, Editor<br />
THE FLEXIBLE FLYER<br />
When the editor was a kid, the thing to have in<br />
winter was a Flexible Flyer. It was the Cadillac <strong>of</strong><br />
sleds, and it and a Daisy BB gun were possessions<br />
to treasure.<br />
There is a new Flexible Flyer these days, named<br />
Frank Fahrenkopf. As the spokesman for the<br />
<strong>America</strong>n casino industry, he waves with the winds<br />
<strong>of</strong> Las Vegas, and in the last year or two he has<br />
been caught in the vortex <strong>of</strong> winds blowing in different<br />
directions, particularly on the issue <strong>of</strong><br />
Internet gaming. Some Vegas casino bosses think<br />
<strong>of</strong> it as a threat; others, like Terry Lanni <strong>of</strong> MGM<br />
Mirage, think it is the future. Two years ago<br />
Fahrenkopf and his <strong>America</strong>n Gaming Association<br />
supported the Goodlatte bill banning Internet gaming.<br />
Today, as a new version goes before the Crime<br />
Subcommittee <strong>of</strong> the House Judiciary Committee<br />
this afternoon, Fahrenkopf is a bitter foe. The<br />
earlier Goodlatte bill added a new section to the<br />
Wire Statute, section 1084 <strong>of</strong> the Criminal Code.<br />
Today’s bill amends it. Fahrenkopf says the AGA<br />
opposes the new legislation because <strong>of</strong> “significant<br />
changes largely detrimental to my members.”<br />
What he really is upset about, it appears, is the<br />
provision in the bill that exempts horse racing because<br />
it already is covered under federal law in<br />
the Interstate Horseracing Act. Fahrenkopf has<br />
hinted at support for the alternative gambling ban<br />
being proposed by Rep. Jim Leach <strong>of</strong> Iowa, which<br />
would outlaw the use <strong>of</strong> credit cards, checks and<br />
electronic money transfers. He says “other bills<br />
pending action may well serve as a better vehicle<br />
for enacting needed updates to federal law in the<br />
area <strong>of</strong> wire or wireless gambling transactions.”<br />
At the moment, Goodlatte’s bill has 156 co-sponsors<br />
in the House; Leach’s bill has 6. It remains<br />
to be seen how much Las Vegas will influence<br />
the outcome, but the Flexible Flyer<br />
slides on money as well as snow.<br />
March 12, <strong>2002</strong><br />
GALLAGHER LEAVING NTRA<br />
As rumored for months, Jim Gallagher, executive<br />
director <strong>of</strong> the NTRA Racing Integrity and Drug<br />
Testing Task Force, will leave that post at the end<br />
<strong>of</strong> this month to become vice president <strong>of</strong> parimutuel<br />
operations at the New York Racing Association.<br />
Gallagher says, “I’m very proud to have<br />
helped get the ball rolling in an area <strong>of</strong> such vital<br />
importance to the horseracing industry, but New<br />
York racing is in my blood, and the opportunity to<br />
once again be a part <strong>of</strong> it is too attractive to pass<br />
up.” Gallagher formerly was head <strong>of</strong> racing operations<br />
<strong>of</strong> the New York State Racing and Wagering<br />
Board.<br />
Gallagher’s successor in the NTRA post will be<br />
Dr. Scot Waterman, who shares a common bond<br />
with HTA’s General Counsel Paul Estok and Information<br />
Architect, Sable Downs. Both Waterman<br />
and Downs topped their classes as Distinguished<br />
Senior when they graduated from the University<br />
<strong>of</strong> Arizona Race Track Industry program, and<br />
Estok won the College <strong>of</strong> Agriculture’s award as<br />
outstanding senior before the Distinguished Senior<br />
award was introduced.<br />
TIME RUNNING OUT IN INDIANA<br />
Members <strong>of</strong> the Indiana House and Senate Conference<br />
Committee meet again today in Indianapolis,<br />
trying to hammer out a compromise bill that<br />
will be acceptable to governor Frank O’Bannon.<br />
Aware that the governor has suggested he might<br />
veto a bill that allows slot-like pull-tabs at Indiana<br />
tracks and two OTBs, Rep. Mark Lytle, a member<br />
<strong>of</strong> the committee, said, “It’s not something<br />
where we’re trying to say, ‘OK, governor, here it<br />
is. Take it or leave it.’If we get rid <strong>of</strong> pull tabs<br />
you lose enough votes in the House that it will not<br />
pass.” Lytle says a cap <strong>of</strong> 500 to 750 pull-tab<br />
machines at each site might be a compromise,<br />
but time is running out. The General Assembly<br />
is scheduled to adjourn by Thursday<br />
night.
HARNESS TRACKS OF AMERICA<br />
Executive Newsletter<br />
A daily fax and e-mail report on racing and gaming developments in North <strong>America</strong> and beyond<br />
Stanley F. Bergstein, Editor<br />
INTERNET BAN TO JUDICIARY<br />
As expected, the Crime Subcommittee <strong>of</strong> the<br />
House Judiciary Committee marked up H.R. 3215,<br />
the Combating Illegal Gambling Reform and Modernization<br />
Act, better known as the Goodlatte bill,<br />
yesterday, and reported it to the full Judiciary Committee<br />
on a voice vote. Although changes were<br />
made in the bill, the exclusion <strong>of</strong> activities allowed<br />
under the Interstate Horseracing Act remained intact<br />
in the version passed, but it is still too early<br />
for any celebration. Frank Fahrenkopf, the president<br />
<strong>of</strong> the <strong>America</strong>n Gaming Association representing<br />
Las Vegas casinos, sent a three-page,<br />
single spaced “Dear Bob” letter to Goodlatte,<br />
whining about horse racing’s exemptions among<br />
other aspects <strong>of</strong> the bill, and is pulling out all <strong>of</strong><br />
casino gambling’s clout in an attempt to have<br />
changes made in Judiciary.<br />
INDIANA VLTS STILL IN FLUX<br />
Members <strong>of</strong> the Indiana legislative conference<br />
committee were expected to present a proposal<br />
today that would scrap the state’s existing casinotax<br />
structure and replace it with a sliding scale formula<br />
that would provide higher taxes for higher<br />
performing riverboats. The Associated Press reports<br />
that the proposal would likely remove the<br />
existing $3 per person admission tax which is the<br />
source <strong>of</strong> racetrack subsidies, and replace it with<br />
a wagering tax higher than the present 20% that<br />
would be based on gross pr<strong>of</strong>its, but the situation<br />
is changing hourly. The tracks, the AP reports,<br />
would receive up to 1,400 electronic pull-tab slot<br />
machines each, and could then decide for themselves<br />
how to distribute those machines between<br />
the track and two <strong>of</strong>f-track betting parlors. The<br />
committee has only until tomorrow, when the General<br />
Assembly is scheduled to adjourn, to draft a<br />
mutually acceptable agreement, although<br />
there has been some talk <strong>of</strong> a special session.<br />
March 13, <strong>2002</strong><br />
A CAUTIONARY TALE<br />
When Pompano Park lost its entire Saturday card<br />
last weekend because <strong>of</strong> a blown transformer, it<br />
sounded bells <strong>of</strong> alarm that have been heard at<br />
other tracks around the country from time to time,<br />
mostly too late. Pompano’s trouble began when<br />
track electricians, trying to correct a lighting problem<br />
in one section <strong>of</strong> the track, shut down all track<br />
lights and then turned them back on, and a transformer<br />
blew. It was only the third time in 39 years<br />
that Pompano had to cancel racing because <strong>of</strong> lighting<br />
problems, but it has happened at other tracks<br />
with costly results as well. While checking the<br />
condition <strong>of</strong> transformers, new or old, can be a difficult<br />
assignment, and adding or replacing them is<br />
an expensive one, it seems prudent that at the<br />
least tracks might consider an expert evaluation<br />
<strong>of</strong> their lighting situations, concerning backups,<br />
alternate plans, circuitry, whatever.<br />
On a happier note, Pompano is hosting a celebrity<br />
race called “A Dave at the Races,” with noted<br />
nationally syndicated Pulitzer Prize winning columnist<br />
Dave Barry driving one <strong>of</strong> Pompano’s miniature<br />
horses in a race that will benefit Barry’s<br />
Debbie Institute. That enterprise, a part <strong>of</strong> the<br />
University <strong>of</strong> Miami’s Department <strong>of</strong> Pediatrics,<br />
helps young children with special needs. The<br />
Florida Amateur Driving Club is donating a $4,000<br />
purse, which will go to the Debbie Institute in the<br />
name <strong>of</strong> the winning driver, and Barry will drive<br />
along with Lesley Milne, a channel 6 news and<br />
weather reporter; Footy from the Y100 FM Morning<br />
Show; Greg Cole, sports columnist for the Miami<br />
Herald; and the Ibis Mascot from the University<br />
<strong>of</strong> Miami. The race will take place, at 100<br />
yards, Saturday night, March 23, at 8:30 p.m., following<br />
an hour <strong>of</strong> miniature horse cart rides for<br />
children. The Debbie Institute also is having a<br />
charity dinner at the track that evening.
HARNESS TRACKS OF AMERICA<br />
Executive Newsletter<br />
A daily fax and e-mail report on racing and gaming developments in North <strong>America</strong> and beyond<br />
Stanley F. Bergstein, Editor March 14, <strong>2002</strong><br />
TURBULENT TIMES IN IOWA Bills must be approved in one chamber <strong>of</strong> the legislature<br />
and a committee <strong>of</strong> the other this week,<br />
A racing morality play is unfolding in Iowa, where<br />
Prairie Meadows Racetrack and Casino is under and Brent Siegrist, the Republican House speaker,<br />
siege from business leaders and politicians. When says he does not think that will happen, “because<br />
gaming legislation was passed and saved Prairie we don’t want to engage in a full-fledged gambling<br />
Meadows from extinction, retiring some $95 million<br />
in debt in less than two years, the intent was negotiating with the Racing Association <strong>of</strong> Cen-<br />
debate.” The horsemen, meanwhile, have been<br />
to save the racing industry in Iowa and all <strong>of</strong> its tral Iowa, which holds the license at Prairie Meadows,<br />
and the two sides are discussing one scenario<br />
agricultural ramifications. Now, however, those<br />
who hailed the success at the time now are calling that would cut purses from this year’s $20 million<br />
it lavish, and want the money themselves for other to between $13 million and $14 million. Commenting<br />
on the current crisis, Iowa’s HBPA vice presi-<br />
civic purposes. They no longer care about horse<br />
racing -- as many anti-slots foes have predicted dent, Leroy Gressman, said, “What people forget<br />
would happen -- and, as the Des Moines Register is there would be no slots, no $43.7 million a year<br />
said editorially on Sunday, “Given the continuing in state tax or $28 million a year for Polk County<br />
decline <strong>of</strong> the racing industry, and the current image<br />
<strong>of</strong> Prairie Meadows, the safe money would be men made the difference in getting the original bill<br />
last year if it weren’t for the horsemen. The horse-<br />
on voters telling the horses it’s time for the glue passed to introduce slots at Prairie Meadows and<br />
factory.” The newspaper editorial also said, “Unfortunately,<br />
while the slots have been wildly popu-<br />
<strong>of</strong> Iowans have invested millions <strong>of</strong> dollars to build<br />
bailed the county out <strong>of</strong> debt. Now that hundreds<br />
lar, interest in horse racing continued to decline. up the Iowa horse-racing industry, Greater Des<br />
The sport <strong>of</strong> kings is about as viable as most monarchies<br />
around the world....While it would be a bitment<br />
group) wants to take it all away.” One sar-<br />
Moines Partnership (the city’s economic developter<br />
acknowledgment <strong>of</strong> failure for Iowa to quit horse castic pol, state senator Steve Hansen <strong>of</strong> Sioux<br />
racing, that may be inevitable if it comes down to City, ignoring racing’s economic and agricultural<br />
a choice between horses and other pressing needs impact in Iowa, called the purses “welfare for<br />
in Iowa.” And perhaps its most damning indictment<br />
said: “The horsemen have done themselves Racing Association <strong>of</strong> Central Iowa gave itself two<br />
horses.” In other developments in the mess, the<br />
no favor by refusing, until very recently, to consider<br />
cuts in purses. They may well have invited fer to purchase the track and its property from<br />
weeks to decide if it can put together a viable <strong>of</strong>-<br />
their own doom.” The paper suggests the proper Polk county. The track’s board voted 10-0, with<br />
approach is a public referendum in November as three absentees, to explore that possibility. Consultants<br />
hired by Polk county said the county would<br />
to how the gambling revenue is spent. Yesterday’s<br />
Register says a proposal to replace the 13-member<br />
Racing Association <strong>of</strong> Central Iowa with a pub-<br />
value the operation and property at $68 million to<br />
be better <strong>of</strong>f leasing the track than selling it. They<br />
lic board <strong>of</strong> directors, and allow separate referenda<br />
on continuing slots and horse racing at Prai-<br />
suggest that rental <strong>of</strong> $19 to $22 million a year<br />
$90 million, depending on purse schedules, and<br />
rie Meadows, is unlikely, quoting the House would be reasonable. Track president Bob<br />
Speaker as saying that proposal will not Farinella said if the valuation is accurate, anything<br />
be approved by the legislature this year.<br />
over $9 million a year in rent “really is pure<br />
gravy.”
HARNESS TRACKS OF AMERICA<br />
Executive Newsletter<br />
A daily fax and e-mail report on racing and gaming developments in North <strong>America</strong> and beyond<br />
Stanley F. Bergstein, Editor March 15, <strong>2002</strong><br />
INDY POLITICS KILL SLOTS BUT KY SLOTS STILL ALIVE<br />
Hoosier Park, caught in the middle <strong>of</strong> a bitter political<br />
party fight between the Indiana legislature chief sponsor <strong>of</strong> a slots-for-tracks bill there, Demo-<br />
Kentucky faces budgetary problems too, and the<br />
and the state’s governor, lost its pull-tab slots this cratic representative and majority caucus leader<br />
morning, when the legislature virtually abdicated Jim Callahan, says he has seen increasing support<br />
this week in both House and Senate for his<br />
its responsibilities and adjourned without doing<br />
anything to close the state’s expected $1.3 billion legislation. The House Majority Floor Leader and<br />
shortfall. A furious governor Frank O’Bannon was, a colleague proposed a bill this week that would<br />
according to the Indianapolis Star, “left pounding finance prescription drugs for senior citizens with<br />
his fist in frustration on a table in his statehouse slot revenues, and Callahan said that as far as<br />
<strong>of</strong>fice” as he faced the only options left: deeper specific projects that could benefit from slots revenue<br />
are concerned, “Anything is on the table --<br />
budget cuts, including to education, and bringing<br />
the legislature back for a special session. “The anything legal.” The bill, which passed the House<br />
people <strong>of</strong> Indiana at some point are going to demand<br />
there will be a special session,” the gover-<br />
majority this week, is scheduled to return to the<br />
Licensing and Occupations Committee by a large<br />
nor said. “At the time when we needed vision, committee for technical amendments and could<br />
some closed their eyes. At a time when we needed reach the full House for a vote by midweek next<br />
leadership, some turned their backs. At a time week, or sooner. In its present form, the bill would<br />
when we needed courage, some chose to do nothing.”<br />
<strong>of</strong> pr<strong>of</strong>its, with purses getting from 10 to 12.7%<br />
give tracks somewhere between 43.28% and 62%<br />
and the state getting the balance.<br />
The Star said legislative leaders warned that no<br />
legislation expanding gambling would get a final<br />
vote unless proposed tax and budget bills passed<br />
first. When the legislature turned its back on<br />
those, House bill 1332, which contained the provisions<br />
for pull-tabs, went down with the tax and budget<br />
legislation. There was the usual name calling<br />
from both sides <strong>of</strong> the political aisle, with Republicans<br />
blaming Democrats, Democrats blaming<br />
Republicans, some blaming the governor, and one<br />
Republican legislator, Michael Murphy <strong>of</strong> Indianapolis,<br />
blaming the public “because there was<br />
no groundswell from the average taxpayer for tax<br />
increases, and we report to them.” Regardless<br />
who is to blame, there will be no pull-tabs at the<br />
moment for Hoosier Park or the embryonic Indianapolis<br />
Downs when it arrives on the scene next<br />
fall. One Democratic senator, Vi Simpson<br />
<strong>of</strong> Bloomington, called last night’s events<br />
“a shame...a lost opportunity, and for<br />
what? Political posturing.”<br />
BREAK FOR YEARLING BUYERS<br />
When the president signed the Economic Stimulus<br />
package last week, it included substantial breaks<br />
for buyers <strong>of</strong> yearlings. Affecting such purchases<br />
from Sept. 11 onward for three years, the bill provides<br />
new depreciation rules that allow a 30% bonus<br />
in the year <strong>of</strong> purchase, and possibly -- subject<br />
to clarification -- the current expensing deduction,<br />
which allows up to $24,000 <strong>of</strong> first year<br />
write<strong>of</strong>f. According to the <strong>America</strong>n Horse Council,<br />
a cumulative depreciation deduction <strong>of</strong> 47.5%<br />
will be available in the first year, an additional<br />
26.25 in year two, another 17.5% in year three,<br />
and the remaining 8.75% in year four, bringing<br />
total depreciation to 100% in four years. The new<br />
rules allow 37.5% <strong>of</strong> the cost <strong>of</strong> a yearling purchased<br />
after Sept. 11 <strong>of</strong> 2001 to be written <strong>of</strong>f in<br />
2001, more than three times the amount allowed<br />
under the old rules.
HARNESS TRACKS OF AMERICA<br />
Executive Newsletter<br />
A daily fax and e-mail report on racing and gaming developments in North <strong>America</strong> and beyond<br />
Stanley F. Bergstein, Editor<br />
SLOT HOPES DIM EVERYWHERE<br />
The quest for slots at tracks has taken a turn for<br />
the worse, with widespread adverse rulings and<br />
legislative action.<br />
In Florida, the state Supreme Court, in a 4-3 decision,<br />
ruled that a proposed constitutional amendment<br />
that would have asked voters to decide on<br />
slots at tracks failed to meet constitutional requirements<br />
for a single-subject issue for citizen initiatives.<br />
Pompano Park had joined two dog tracks in<br />
that quest, and raised some 180,000 out <strong>of</strong> a required<br />
488,722 signatures, but the entire process<br />
will have to start over, and the earliest that a referendum<br />
vote now might appear on a ballot is November<br />
<strong>of</strong> 2004. In another Florida development,<br />
state senators Ron Silver and Steve Geller, faced<br />
with lack <strong>of</strong> support from Gov. Jeb Bush and Senate<br />
and House leaders, withdrew their proposal to<br />
allow Florida’s 31 horse and dog tracks and jai alai<br />
frontons to <strong>of</strong>fer video gambling.<br />
March 18, <strong>2002</strong><br />
In Kentucky, where the slots-at-tracks issue is<br />
being debated hotly, Senate and House leaders say<br />
they see little support for the bill and little chance<br />
for its passage. Despite that dark view, its principal<br />
booster, House Democrat Jim Callahan, announced<br />
specifics <strong>of</strong> how the $350 million a year<br />
he says would be realized for the state would be<br />
spent. The bill would devote 40% <strong>of</strong> proceeds, or<br />
$140 million, to education, including teachers’ pay<br />
raises; 25%, or $87.5 million, to capital construction,<br />
including local projects and schools; 15%, or<br />
$52.5 million, to the state’s general fund; 7%, or<br />
$24.5 million, to prescription drugs for seniors;<br />
7%, another $24.5 million, for mental health; and<br />
6%, or $21 million, for environmental projects.<br />
Despite those projections, the Speaker <strong>of</strong> the<br />
House, Jody Richards, says he does not think the<br />
entire House will get a chance to vote on the measure.<br />
“Not any time in the foreseeable future,”<br />
Richards says. “Why bother if the Senate won’t<br />
take it up?”<br />
In Maryland, a House subcommittee voted to reject<br />
a bill that would have put the issue <strong>of</strong> legalizing<br />
slot machines before voters next fall, presumably<br />
killing the measure. Racing received some<br />
consolation, however, when the state Senate on<br />
Friday, against the governor’s wishes, attached<br />
an amendment to the Senate budget that would<br />
release $4.5 million languishing in a track redevelopment<br />
fund to purses in the state, with 70% <strong>of</strong><br />
the money going to thoroughbred purses and 30%,<br />
or $1,350,000, to harness purses. The money had<br />
been accruing since July 2000 from uncashed tickets<br />
and an increased takeout that had been earmarked<br />
for track improvements. A final Senate<br />
vote on the budget is due today, and then must<br />
clear the House <strong>of</strong> Delegates.<br />
Also in Maryland, a bill has been<br />
introduced that would create two commissions,<br />
one thoroughbred and one<br />
harness.<br />
A Louisville Courier-Journal poll on the issue resulted<br />
in 56% <strong>of</strong> respondents favoring slots at the<br />
state’s tracks, and 79% favoring having the decision<br />
left to the voters, not the legislature, expressing<br />
among other things the confidence level <strong>of</strong><br />
voters today in their elected <strong>of</strong>ficials.<br />
In Indiana, the slots issue ended last week when<br />
the General Assembly, after months <strong>of</strong> intense debate,<br />
failed to reach a compromise and let the bill<br />
that would have allowed pull-tab slots die a natural<br />
death.<br />
YOUBET’S RECONSTRUCTION<br />
With chairman and CEO Robert Fell and two other<br />
directors <strong>of</strong>f the board, and co-CEO Ron Luniewski<br />
resigning and leaving the firm, co-founder David<br />
Marshall assumes command as chairman<br />
and CEO.
HARNESS TRACKS OF AMERICA<br />
Executive Newsletter<br />
A daily fax and e-mail report on racing and gaming developments in North <strong>America</strong> and beyond<br />
Stanley F. Bergstein, Editor<br />
MORE ENRON FALLOUT<br />
In a move that could have serious impact on beleaguered<br />
Arthur Andersen, the attorney general<br />
<strong>of</strong> New Jersey, David Samson, yesterday moved<br />
to bar Atlantic City casinos from doing business<br />
with the accounting firm, saying the company’s federal<br />
indictment calls its integrity into question. “It<br />
is essential,” Samson said, “to maintain public<br />
confidence in New Jersey’s casino industry and<br />
its financial soundness through objective and impartial<br />
auditing.” The New Jersey Division <strong>of</strong><br />
Gaming Enforcement’s acting director, Thomas<br />
Auriemma, said, “Based on the seriousness <strong>of</strong> the<br />
charges set forth in the federal indictment, exemption<br />
from licensure is no longer warranted.”<br />
Auriemma’s division filed a motion yesterday with<br />
the state Casino Control Commission seeking a<br />
temporary order prohibiting Atlantic City casinos<br />
and their parent organizations from using<br />
Andersen, and the matter is scheduled to be heard<br />
March 27. If the attorney general’s and Gaming<br />
Division’s efforts are successful, the question<br />
arises as to similar action in Las Vegas, where<br />
Andersen serves as outside auditor for companies<br />
controlling 12 Las Vegas casino properties. Bobby<br />
Siller, a member <strong>of</strong> the Nevada Gaming Control<br />
Board, told the Las Vegas Review-Journal , “It’s<br />
too early to tell what the impact would be here,”<br />
saying his board was waiting to get an explanation<br />
<strong>of</strong> the proposed temporary order from New Jersey<br />
<strong>of</strong>ficials. Andersen’s Vegas clients include<br />
MGM Mirage, Mandalay Resort Group, Harrah’s<br />
Entertainment, Station Casinos and Ameristar Casinos.<br />
TOP GEMSTAR EXEC QUITS<br />
Peter Boylan, co-president and co-COO <strong>of</strong><br />
Gemstar-TV Guide, the parent <strong>of</strong> TVG, resigned<br />
yesterday as the company announced it<br />
will take a write-down for amortization <strong>of</strong><br />
goodwill <strong>of</strong> up to $5 billion this quarter.<br />
Gemstar shares fell 9.1% in after-hours trading.<br />
March 19, <strong>2002</strong><br />
THE VERNON SITUATION<br />
In a long “Top News” story, the Syracuse Post-<br />
Standard has examined the interesting situation<br />
developing over control <strong>of</strong> Vernon Downs. Titled<br />
“Scott’s track record depends on who’s telling the<br />
story,” the article zeroed in on Shawn Scott, the<br />
35-year-old wunderkind who bought Delta Downs<br />
for $10 million in 1999 and sold it to Boyd Gaming<br />
last year for $130 million, and who now is seeking<br />
control <strong>of</strong> Vernon. Scott has bought some 4% <strong>of</strong><br />
Vernon stock, loaned the track $400,000, and is<br />
seeking an agreement with the track’s majority<br />
shareholders to gain control. The Scott story is<br />
fascinating. He says he went to Louisiana after<br />
seeing an ad for a Best Western motel that was<br />
for sale. He bought it and an adjoining truck stop(<br />
which are allowed to have 50 VLTs in Louisiana),<br />
bought a 65-foot houseboat and a home, and ultimately<br />
bought the ailing racetrack. He is handsome<br />
and charismatic -one colleague described him<br />
as “JFK-like...you put him on TV and he makes<br />
all the old ladies’ hearts spin” -- but there are those<br />
in Louisiana and Nevada who have different views.<br />
Complicating the picture as Vernon celebrates its<br />
50th anniversary, is an option held by a harness<br />
racing group consisting <strong>of</strong> Eric Cherry, Sandy<br />
Goldfarb and Steven Goldberg. Cherry and his<br />
partners exercised their option, but it must be approved<br />
by Vernon’s shareholders, and if Scott is<br />
able to get control he presumably could have the<br />
option voted down. Further, all <strong>of</strong> the applicants<br />
will need to gain approval <strong>of</strong> the New York State<br />
Racing and Wagering Board.<br />
TAMPA GETS KY SIGNALS<br />
In a move certain to have repercussions, the Kentucky<br />
HBPA has voted to reinstate Kentucky simulcasting<br />
signals to Tampa Bay Downs, long<br />
embroiled with its horsemen, who got colleagues<br />
in other states to embargo signals to the<br />
track. Churchill and Keeneland signals are<br />
included as well as Turfway Park.
HARNESS TRACKS OF AMERICA<br />
Executive Newsletter<br />
A daily fax and e-mail report on racing and gaming developments in North <strong>America</strong> and beyond<br />
Stanley F. Bergstein, Editor<br />
NO ACTION, BUT A FORECAST<br />
In a committee hearing reported by the Bergen<br />
Record that produced no results, the future may<br />
have reared its head -- ugly or otherwise -- in the<br />
New Jersey legislature. The Assembly Tourism<br />
and Gaming Committee this week heard testimony<br />
in favor <strong>of</strong> legislation that would allow living room<br />
Internet betting on Atlantic City casinos. The committee<br />
took no action, but Assemblyman Anthony<br />
Impreveduto, who has been the prime mover <strong>of</strong><br />
Internet casino betting in New Jersey, said, “We<br />
cannot be like a proverbial ostrich and stick our<br />
heads in the sand and say it doesn’t exist. Anyone<br />
can gamble. Anyone who currently gambles on the<br />
Internet is nuts. You don’t know the safety <strong>of</strong> the<br />
game. You don’t know the legitimacy <strong>of</strong> the game.<br />
They could be Colombian drug dealers, for all we<br />
know. People in New Jersey are gambling on the<br />
Internet and New Jersey’s not getting a penny.”<br />
Perhaps more significant than Impreveduto’s remarks<br />
were those <strong>of</strong> Thomas N. Auriemma, acting<br />
director <strong>of</strong> the Division <strong>of</strong> Gaming Enforcement,<br />
who said that since federal law is silent on<br />
Internet gambling and Internet gambling cannot<br />
feasibly be eliminated, the Attorney General’s <strong>of</strong>fice<br />
will not oppose the proposed legislation. “If<br />
the Legislature and the people decide to legalize<br />
Internet gambling in some form, we can and will<br />
regulate it,” Auriemma said. Gary Guear, the chairman<br />
<strong>of</strong> the Assembly committee that heard the proposal,<br />
said, “Somewhere down the line, in the future,<br />
we’re going to see Internet gaming here in<br />
the state <strong>of</strong> New Jersey.”<br />
FIRST TO THE MARKET”<br />
Underscoring the New Jersey proposal is the news<br />
item from Los Angeles from a company called<br />
Bentley Communications, which claims to have a<br />
“first-to-market” advantage on legal<br />
online wagering with “real time online<br />
ATM card pay-in, pay-out transactions.”<br />
March 20, <strong>2002</strong><br />
The company says such transactions<br />
“can be done at any Internet connected PC<br />
equipped with a certified user-friendly credit card,<br />
ATM card and Smart card stand-alone unit like<br />
the Cash pad (TM).”<br />
$57 MILLION LEASE IN IOWA<br />
Prairie Meadows, hoping to settle a dispute with<br />
Polk county, Iowa, which owns the track, has <strong>of</strong>fered<br />
to lease the track from the county for three<br />
years for $57 million, $19 million a year, including<br />
$2.5 million in property taxes.<br />
CASH TIME AT VERNON DOWNS<br />
Vernon Downs agreed yesterday to borrow nearly<br />
$9 million from Las Vegas entrepreneur Shawn<br />
Scott, and track president Justice Cheney says<br />
Vernon’s board <strong>of</strong> directors has decided to give<br />
three option holders -- Eric Cherry, Sandy Goldfarb<br />
and Steven Goldberg -- one more chance to up their<br />
$9 million bid. That was the word today from the<br />
Syracuse Post-Standard, which reported that Scott<br />
and his partner, Hoolae Paoa, now control more<br />
than a third <strong>of</strong> the shares <strong>of</strong> Mid-State Raceway,<br />
the parent <strong>of</strong> Vernon, and they alone can kill the<br />
option held by the Cherry trio. Dominic Giambona,<br />
a member <strong>of</strong> the Mid-State board, said he had contracted<br />
to sell his stock to Scott and that Scott and<br />
his partner “have a great business plan.” Paoa<br />
was quoted as saying the loan would pay <strong>of</strong>f the<br />
track’s debt, including a $2.8 million loan due at<br />
the end <strong>of</strong> the month on the track’s Country Suites<br />
hotel. He said Vernon would not get a license from<br />
the New York Racing and Wagering Board if it does<br />
not have enough working capital, and that “if you<br />
lose your two most valuable assets -- your hotel<br />
and your racing license -- you might as well shut<br />
the place down.” Scott bought Delta Downs in<br />
Louisiana for $10 million three years ago and<br />
sold it to Boyd Gaming last year for $130<br />
million.
HARNESS TRACKS OF AMERICA<br />
Executive Newsletter<br />
A daily fax and e-mail report on racing and gaming developments in North <strong>America</strong> and beyond<br />
Stanley F. Bergstein, Editor<br />
ANTIGUA ACTS IN COHEN CASE<br />
The government <strong>of</strong> Antigua in the Caribbean, working<br />
with high powered U.S. attorneys, is submitting<br />
an amicus brief asking the United States Supreme<br />
Court to hear the case <strong>of</strong> Jay Cohen, convicted<br />
in a New York federal court on conspiracy<br />
and violating the Interstate Wire Act <strong>of</strong> 1961. The<br />
brief, according to Interactive Gaming News, asks<br />
the Court to hear the case because <strong>of</strong> its international<br />
ramifications. Cohen, who operated an<br />
Internet betting operation in Antigua, where such<br />
wagering is legal, is free on bond but facing 21<br />
months in jail. One <strong>of</strong> his attorneys, Ian<br />
Gershengorn <strong>of</strong> the powerful Washington law firm<br />
Jenner and Block, says the interest <strong>of</strong> Antigua<br />
confirms his position, which is that the Cohen case<br />
raises issues <strong>of</strong> national and international importance.<br />
Although the Supreme Court asked the federal<br />
government for a response to the Cohen petition,<br />
there is no indication the Court will hear the<br />
case.<br />
A RACE TRACK IN ST. LOUIS?<br />
As photo finishes go, this one was won more by a<br />
whisker than a nose. The Missouri House this<br />
week approved year-round simulcasting by a 75-<br />
74 vote, changing its 18-year-old pari-mutuel law<br />
and thus opening the way to the possibility <strong>of</strong> a<br />
new track to be built by the Cella family that owns<br />
Oaklawn Park in Hot Springs, Arkansas. Although<br />
a racing bill was approved by voters by a 60%<br />
majority in 1984, the legislation was so restrictive<br />
that no takers showed interest, and the state’s racing<br />
commission was disbanded in 1995. The House<br />
majority leader who introduced the legislation told<br />
St. Louis Post-Dispatch reporter Virginia Young<br />
that “the only way we can have a track in the state<br />
<strong>of</strong> Missouri is to allow simulcasting,” and the<br />
Cellas now are at the half-mile pole in their<br />
quest for that action. Still ahead is House<br />
action requiring 82 votes to send the bill<br />
to the Senate.<br />
March 21, <strong>2002</strong><br />
MORE ON SLOTS AND PURSES<br />
If you want to know anything about racing figures<br />
in Louisiana, you go to the state police. They control<br />
the numbers, and they guard them as if they<br />
were evidence in a murder trial. They do let the<br />
Gaming Control Board in on the secrets, however,<br />
and they told that group that in 16 days <strong>of</strong> operation<br />
the slots at Delta Downs generated almost $8<br />
million in revenue, drew more than 134,000 gamblers,<br />
and contributed $1.42 million to purses in<br />
the first two weeks since their February 13 introduction.<br />
Those numbers are making it sound like<br />
Boyd Racing, which bought Delta for $130 million<br />
last year from Shawn Scott, who in turn bought it<br />
for $10 million two years earlier, will do as well as<br />
Scott with their investment. Scott, meanwhile, is<br />
closing in on Vernon Downs, which is in position to<br />
get slots if the enabling legislation passed in New<br />
York holds up under legal challenges.<br />
A SLOTS NAYSAYER IN KY<br />
While the Kentucky legislature debates slots for<br />
tracks there, a major Bluegrass breeder has issued<br />
a strong dissent. The Lexington Herald-<br />
Leader ran a letter from Arthur Hancock, owner<br />
<strong>of</strong> Stone Farm in Bourbon, who asked “why anyone<br />
would connect this form <strong>of</strong> gambling to the<br />
beauty and splendor <strong>of</strong> Kentucky’s thoroughbred<br />
business, which is respected and praised throughout<br />
the world.” The answer, we presume, is that<br />
the tracks on which Kentucky’s beautiful and splendid<br />
thoroughbreds run, and the state’s equally<br />
beautiful and splendid trotters and pacers trot and<br />
pace, need the money to put on the races on which<br />
a steadily declining number <strong>of</strong> people appreciate<br />
the beauty and splendor <strong>of</strong> the animals. Even<br />
Keeneland, the heart and soul <strong>of</strong> Bluegrass racing,<br />
has acknowledged this, and the contribution<br />
to purses at Delta Downs, mentioned above, is one<br />
more indicator that beauty and splendor<br />
alone don’t cut it these days.
HARNESS TRACKS OF AMERICA<br />
Executive Newsletter<br />
A daily fax and e-mail report on racing and gaming developments in North <strong>America</strong> and beyond<br />
Stanley F. Bergstein, Editor<br />
POMPANO IN MAJOR SIMO PACT<br />
Pompano Park announced this morning that it had<br />
reached accord with Gulfstream Park to exchange<br />
simulcast signals daily, starting Sunday at Pompano<br />
and Monday at Gulfstream, and continuing<br />
through the close <strong>of</strong> Gulfstream’s current season<br />
April 24. Dick Feinberg, Pompano’s general manager,<br />
called the agreement “a big win for south<br />
Florida horse racing fans. They can now come to<br />
Pompano, day or night, and bet on thoroughbreds<br />
or harness horses and go to Gulfstream and do<br />
the same.” Scott Savin, Gulfstream’s president<br />
and GM, called the joint simulcasting venture “productive<br />
for both tracks by affording horse racing<br />
fans the convenience <strong>of</strong> easily accessible locations<br />
to enjoy their favorite sport.” Pompano will simulcast<br />
Gulfstream races Wednesday through<br />
Sunday, and Gulfstream will simulcast Pompano<br />
and other leading harness tracks on Mondays and<br />
Tuesdays, its simulcast-only days, and also as part<br />
<strong>of</strong> its live thoroughbred racing and simulcast cards<br />
Wednesday through Sunday. There will be no admission<br />
charge at either Gulfstream or Pompano<br />
for the simulcast-only programs.<br />
A LATE WORD ON BUTE<br />
It’s highly questionable if trainers will pay much<br />
attention to it, but an Ohio State study <strong>of</strong> phenylbutazone,<br />
better known as Bute, reports that heavy<br />
use <strong>of</strong> the popular pain killer may cause more problems<br />
than it solves. The study, conducted by four<br />
vets at Ohio State’s Orthopedic Research Laboratory,<br />
was published in the <strong>America</strong>n Journal <strong>of</strong><br />
Veterinary Research and reported today in Blood-<br />
Horse Interactive. It shows that Bute and other<br />
non-steroidal anti-inflammatory medications, also<br />
known as NSAIDS, might be detrimental to joint<br />
cartilage regeneration in horses. In simple<br />
terms, drugs that suppress inflammation<br />
might also slow healing.<br />
March 22, <strong>2002</strong><br />
One <strong>of</strong> the researchers, Dr. Alicia Bertone, noted<br />
that in past years the veterinary community used<br />
Bute “like it was water” in large quantities for long<br />
periods <strong>of</strong> time, and that the findings <strong>of</strong> the study<br />
should drive the industry to develop painkillers that<br />
do not further harm the horse’s systems. “The<br />
take-home message,” Dr. Bertone said, “is that<br />
Bute is not an innocuous drug, and horses that<br />
don’t need it shouldn’t be on it.”<br />
KY SLOTS GOING, GOING....<br />
The prospects for track slots in Kentucky are not<br />
yet dead, but are on life support, and it may be<br />
shut down any moment. Democrats in the House<br />
want Republicans in the Senate to assure them<br />
they will allow a vote, and that is not about to happen,<br />
since the Senate president is actively working<br />
against the bill, according to the Louisville<br />
Courier-Journal. The House leaders will not force<br />
their members to vote on the issue without assurance<br />
<strong>of</strong> 20 votes in the 38-member Senate, and<br />
the chief sponsor <strong>of</strong> the House bill calling for slots,<br />
Rep. Jim Callahan, said he thought it unfair for<br />
the Senate president, David Williams, “to dictate<br />
how 37 other members can vote....he should let<br />
the other members <strong>of</strong> the Senate decide for themselves.”<br />
Alex Waldrop, president <strong>of</strong> Churchill<br />
Downs, said “We’re going to keep talking with legislators.<br />
This is too important an issue for the<br />
horse industry and the people <strong>of</strong> Kentucky.” Only<br />
nine days remain in the current session <strong>of</strong> the legislature.<br />
MORE HONORS FOR NIXON<br />
USTA president Corwin Nixon, who served as minority<br />
House leader in Ohio from 1978 to 1992,<br />
has received more honors in the Buckeye state.<br />
Warren county, where he was elected commissioner<br />
in 1947, has included Corwin on a Distinguished<br />
Citizens Wall located in a new administration<br />
building. He already has a<br />
bridge and nursing home named for him.
HARNESS TRACKS OF AMERICA<br />
Executive Newsletter<br />
A daily fax and e-mail report on racing and gaming developments in North <strong>America</strong> and beyond<br />
Stanley F. Bergstein, Editor<br />
ZOFFINGER NAMED PRESIDENT<br />
George R. Z<strong>of</strong>finger, Gov. James McGreevey’s<br />
choice as new head <strong>of</strong> the New Jersey Sports and<br />
Exposition Authority, was appointed president by<br />
the Board <strong>of</strong> Commissioners last Friday and is<br />
working on a plan to realize greater administrative<br />
efficiency and enhance revenues at the Meadowlands<br />
and other NJSEA facilities. Z<strong>of</strong>finger, who<br />
has accomplished notable business restructuring<br />
during his career, called that aspect <strong>of</strong> his new post<br />
“the most exciting, most important period <strong>of</strong> any<br />
new assignment,” and said he had been spending<br />
time since his appointment by the governor visiting<br />
facilities and preparing a budget and transition<br />
report to the governor.<br />
SETBACK FOR FLORIDA VLTS<br />
The Florida legislature ended its session Friday<br />
night without approving VLTs for the state’s 31<br />
racetracks and jai alai frontons, but Senator Steve<br />
Geller says the proposal will still be on the table<br />
when legislators return to Tallahassee to work on<br />
the state budget. “Not only do we need the tax<br />
dollars,” Geller told the Miami Herald, “but we<br />
also need to keep the Florida parimutuel industry<br />
alive. The VLT bill is still in play.”<br />
A similar bill still is in play in Kentucky, but time is<br />
running out with only eight days left in the session<br />
and Senate leaders saying the bill has about as<br />
much chance as a $20,000 claimer in the Kentucky<br />
Derby. Legislative leaders in both houses are calling<br />
passage unlikely, and the Senate may not even<br />
vote on the bill. An attachment to the budget bill<br />
may have the best possible chance. The Lexington<br />
Herald-Leader thinks a referendum on the issue<br />
would take political pressure <strong>of</strong>f legislators,<br />
but the bill’s principal House sponsor says he<br />
will deal with that only when he knows the<br />
bill is dead. He may not have long to wait.<br />
March 25, <strong>2002</strong><br />
NY DEADLINE FOR TRACK VLTS<br />
The New York state lottery division, which will<br />
administer track VLTs in the Empire state, has<br />
given tracks until April 1 to opt in or out <strong>of</strong> the<br />
program. The division is ready to divvy up the<br />
11,400 VLT terminals among eight tracks, but only<br />
on the terms <strong>of</strong> the legislation, without further financial<br />
assistance. Under its plan, Yonkers Raceway<br />
will get 2,500 machines, Monticello 1,800, the<br />
Saratoga Equine Sports Center 1,000, Buffalo<br />
Raceway and Batavia Downs 750, and Vernon<br />
Downs 500 this year and another 600 next year.<br />
The 25% track cut will remain static, and tracks<br />
still must foot the bill for construction and security,<br />
and there still is a 3-year sunset provision on<br />
the legislation.<br />
While this is going on in New York, Tri-State Racetrack<br />
in Nitro, West Virginia got commission approval<br />
for another 1,000 slots, doubling its present<br />
allocation, to bolster the Charleston-area track as<br />
a tourist attraction. Tri-State says it will use slots<br />
revenues to finance $15 million in expansion construction,<br />
including a new restaurant, simulcast parlor,<br />
four bars and an entertainment facility with a<br />
stage for performers.<br />
$100 MILLION 5-YEAR LEASE<br />
The Des Moines Register reported yesterday that<br />
the impasse in negotiations between Prairie Meadows<br />
Racetrack and Casino and its landlord, Polk<br />
county, have produced an agreement on a $20 million<br />
a year, five-year contract that will give the<br />
county $100 million and enable it to go forward<br />
with bond repayments adequate to build a new $212<br />
million Iowa Events Center in downtown Des<br />
Moines. A county supervisor says “We promised<br />
that we would not build the Events Center on the<br />
backs <strong>of</strong> taxpayers. This allows us to do that.”<br />
The handshake agreement must be ratified by<br />
the county and Racing Assn. <strong>of</strong> Central<br />
Iowa, which holds the Prairie Meadow license,<br />
and the county.
HARNESS TRACKS OF AMERICA<br />
Executive Newsletter<br />
A daily fax and e-mail report on racing and gaming developments in North <strong>America</strong> and beyond<br />
Stanley F. Bergstein, Editor<br />
MD TRACKS TO GET $$$ HELP<br />
Although there still is no agreement between harness<br />
and thoroughbred racing in Maryland, legislators<br />
apparently have decided the threat to the<br />
state’s racing is too great to withhold help to the<br />
tracks. The Senate moved last week, and the<br />
House is expected to follow suit this week, on returning<br />
$4.5 million to the tracks that was raised<br />
through increased takeout originally intended to<br />
finance the sale <strong>of</strong> bonds for track improvements.<br />
That plan never materialized. John Franzone, a<br />
member <strong>of</strong> the Maryland Racing Commission, told<br />
the Baltimore Sun, “We should have reduced the<br />
takeout and gotten rid <strong>of</strong> the bond fund, but it’s<br />
the same story: everybody couldn’t get together<br />
on all the aspects <strong>of</strong> a global bill.” The takeout<br />
increase had earmarked the first 1.5% for the<br />
bond fund, which will amount to some $4.5 million<br />
by June 30, 2003, the end <strong>of</strong> a new fiscal year in<br />
Maryland. Instead, the money will be returned to<br />
the tracks from whence it came, 70% to thoroughbred<br />
racing and 30% to harness racing. Governor<br />
Parris N. Glendening already transferred $3.7<br />
million <strong>of</strong> the takeout money from the bond fund<br />
to the state’s general fund. Joe DeFrancis <strong>of</strong> the<br />
Maryland Jockey Club said that in view <strong>of</strong> the<br />
budget crisis in the state, racing was fortunate that<br />
the $4.5 million would be returned to racing. Commissioner<br />
Franzone may have echoed the legislators’<br />
fears when he noted that thoroughbred racing<br />
was having trouble filling races and neighboring<br />
Delaware Park was due to open April 27, with<br />
its slots and higher purses.<br />
ANOTHER VLT BILL IN FLAMES<br />
Kansas became the latest state to shoot down track<br />
VLT legislation, when the House Tourism Committee<br />
tabled, by a 9-7 vote,<br />
a measure that would have allowed slots<br />
at the state’s five pari-mutuel operations<br />
and one other unspecified site.<br />
March 26, <strong>2002</strong><br />
The action brought angry accusations from Republican<br />
legislators against the Democratic committee<br />
members who killed the bill. The Democrats<br />
said the bill would benefit the Kansas City<br />
Wyandotte county area at the expense <strong>of</strong> other<br />
counties. The angry Republicans had a different<br />
view. The House speaker pro tem said, “Apparently<br />
they felt if they couldn’t get their way, they<br />
would shoot themselves in the foot.” Another<br />
Republican leader said the committee action<br />
meant there would be no slots bill passed this year,<br />
adding, “They threw it away for one million or one<br />
and a half million bucks.”<br />
NEVADA SAYS NO TO INTERNET<br />
After the state attorney general cast doubts on<br />
the legality <strong>of</strong> Internet gambling, saying federal<br />
laws still were unclear (what a surprise!) the Nevada<br />
Gaming Control Board ruled that the state’s<br />
casinos can’t legally take bets from outside the<br />
state. Gaming consultant Gene Christensen said,<br />
“Things are stopped as far as the state <strong>of</strong> Nevada<br />
is concerned, and I wouldn’t expect that to<br />
change.” MGM Mirage, which is developing an<br />
Internet site on the Isle <strong>of</strong> Man, said it planned to<br />
go forward there and would make certain it accepted<br />
bets only from areas where Internet wagering<br />
is legal. Nevada, meanwhile, is taking a<br />
calculated risk. It has asked the Justice Department<br />
to review the Nevada attorney general’s<br />
overview <strong>of</strong> federal laws and give it “guidance and<br />
clarification.” Justice notified the AG’s <strong>of</strong>fice that<br />
it “would study the matter.” The AG’s <strong>of</strong>fice called<br />
the matter “a million dollar question right now.”<br />
It may get an answer it doesn’t want, and it may<br />
find the question is a lot more than a million dollar<br />
matter.<br />
BE A TV STAR AT NORTHFIELD<br />
Northfield Park is inviting fans to take part in<br />
new TV commercials. Dress is “business<br />
casual” for the shoot, 7 to midnight, Saturday,<br />
March 30.
HARNESS TRACKS OF AMERICA<br />
Executive Newsletter<br />
A daily fax and e-mail report on racing and gaming developments in North <strong>America</strong> and beyond<br />
Stanley F. Bergstein, Editor<br />
AS THE WORLD TURNS<br />
While Congress considers whether the Internet is<br />
here to stay, and the Christian Coalition and Southern<br />
Baptist Convention endorse Rep. Jim Leach’s<br />
bill to ban credit cards, electronic fund transfers<br />
and checks to pay for Internet gambling transactions,<br />
and Frank Fahrenkopf moans about racing<br />
getting breaks while his Las Vegas casinos don’t,<br />
England talks sense and catches up with the<br />
present.<br />
The British government is half-way home in the<br />
long process <strong>of</strong> regulating and legalizing Internet<br />
gaming, according to Interactive Gaming News. It<br />
appears it has a common sense leader in Culture<br />
Secretary Tessa Jowell, who says, “Both society<br />
and technology have overtaken the law, and when<br />
that happens the government must act. These reforms<br />
will significantly increase adult choice while<br />
making sure that those who need protection receive<br />
it. We are confident that the measures we<br />
intend to introduce will rid the industry <strong>of</strong> outdated<br />
restrictions and allow British companies to compete<br />
with <strong>of</strong>f-shore based Internet operations,<br />
while ensuring the continued integrity <strong>of</strong> the industry<br />
and protecting the vulnerable. They represent<br />
an exciting opportunity for the British gambling<br />
industry to become a real competitor in the<br />
global gambling market.”<br />
HAVE TROUBLE WITH CHECKS?<br />
Bad ones, that is. So does the Ritz casino in London,<br />
big time. It tired <strong>of</strong> chasing the Syrian-born<br />
Fouad al-Zayat, also known as the Fat Man, whom<br />
it said wrote $2.9 million in bounced checks, and it<br />
took the rare step for a casino <strong>of</strong> going public, and<br />
going to court. The court froze Fouad’s assets,<br />
including a Boeing 727 jet and a $226,000 Rolls<br />
Royce. The casino said al-Zayat had visited<br />
the Ritz 156 times since 1999, losing<br />
more than $14 million.<br />
March 27, <strong>2002</strong><br />
MGM MIRAGE REBUFFED IN CHI<br />
A continuing saga in Chicago is the fate <strong>of</strong> the<br />
embattled Rosemont Emerald casino, still standing<br />
as a skeleton awaiting the outcome <strong>of</strong> actions<br />
by the Illinois Gaming Board. The latest act in<br />
the long running drama is the board’s rejection <strong>of</strong><br />
an <strong>of</strong>fer by MGM Mirage to buy out the investment<br />
group that started the Rosemont project.<br />
MGM had <strong>of</strong>fered to pay a total <strong>of</strong> $615 million<br />
for the casino, but the board’s administrator, Philip<br />
Parenti, issued a statement saying, “The board has<br />
rejected the current MGM proposal and is considering<br />
its own counterproposal, which encourages<br />
a process in which other candidates, including<br />
MGM, can participate as part <strong>of</strong> a settlement<br />
agreement.” Park Place Entertainment also has<br />
expressed interest, and the board’s rejection <strong>of</strong><br />
MGM Mirage’s <strong>of</strong>fer led gambling opponent Rev.<br />
Tom Grey to say, “The price <strong>of</strong> poker has just gone<br />
up.”<br />
JUST HOPE IT DOESN’T RAIN<br />
Churchill Downs has announced its ambitious security<br />
plans for the upcoming Kentucky Derby,<br />
and presumably has received celestial assurances<br />
that it won’t rain on Derby Day, May 4. Among<br />
many other things, the track will not allow umbrellas<br />
to be brought onto the grounds. You may get<br />
wet, but you won’t get hungry, if the weather<br />
doesn’t cooperate. You can bring box lunches and<br />
other food items if they are packaged in clear plastic<br />
bags not more than 18 inches by 18 inches, but<br />
no bottles or cans or thermoses. Back packs and<br />
duffel bags also are out, and there will be security<br />
sweeps <strong>of</strong> all vehicles entering the grounds. If<br />
you bring cell phones you’ll have to turn them on<br />
before entering, and vehicles parked in all lots will<br />
be subject to search. Concrete barricades will be<br />
set up 75 feet outside gates where vehicles can<br />
enter, and all 120,000 or 130,000 entering<br />
will be subject to magnetic wand searches.<br />
Have fun, and stay dry.
HARNESS TRACKS OF AMERICA<br />
Executive Newsletter<br />
A daily fax and e-mail report on racing and gaming developments in North <strong>America</strong> and beyond<br />
Stanley F. Bergstein, Editor<br />
CAL NUMBERS INTERESTING<br />
The California Horse Racing Board meets today,<br />
and the board and its staff, headed by executive<br />
director Roy Wood, are to be congratulated for<br />
listing agenda items and reports on its Web site,<br />
www.chrb.ca.gov.<br />
Most interesting currently is a staff analysis on<br />
telephone betting being reported to the board members<br />
at today’s meeting. While Advanced Deposit<br />
Wagering, as it is called in California, is new, the<br />
initial report shows it impacting racing in the state<br />
far less than some had anticipated. From January<br />
25 thru March 17 it has accounted for only 3.46%,<br />
or $13,096,879 <strong>of</strong> the $376 million combined<br />
ontrack, <strong>of</strong>ftrack and ADW betting in California<br />
during that time. Translated into results, telephone<br />
betting has produced more than $600,000 for<br />
purses, $50,000 for owners and breeders, $600,000<br />
for commissions and a total <strong>of</strong> $570,000 for the<br />
three hub operations. According to the report,<br />
“ADW does not appear to be having any significant<br />
impact on the California ontrack and <strong>of</strong>ftrack<br />
handle, with total handle for <strong>2002</strong> and 2001 being<br />
essentially unchanged and total California attendance<br />
down fractions <strong>of</strong> a percent.”<br />
The report lists daily handle for the three hubs,<br />
TVG, Xpressbet and Youbet, and shows that<br />
Xpressbet, which includes Santa Anita betting opportunities,<br />
far outpaces its two rivals. Xpressbet<br />
handled $9,258,037 during the slightly less than<br />
two months covered, TVG handled $3,309,015, and<br />
Youbet, which operated during only the last half <strong>of</strong><br />
the reporting period, handled $529,827. The high<br />
individual handle during the period was the<br />
$444,018 handled by Xpressbet on March 2, Santa<br />
Anita Handicap day, when TVG handled only<br />
$86,775 and Youbet $25,816. Graphs in<br />
the report illustrate another interesting<br />
development.<br />
March 28, <strong>2002</strong><br />
In the two weekends since Santa Anita Handicap<br />
day, handle receded sharply from the March 2 figure,<br />
but was constant on both Saturdays, with a<br />
total <strong>of</strong> $491,699 bet thru the three hubs on Saturday,<br />
March 9, and $506,241 bet on Saturday,<br />
March 16, as opposed to the $556,609 bet on Saturday,<br />
March 2. Good horses and big races, it<br />
seems, along with the promotion and advertising<br />
surrounding them, make a difference.<br />
AROUND THE CIRCUIT<br />
In NEW JERSEY, the state Casino Control Commission<br />
voted 5-0 yesterday to force casinos and<br />
their parent companies to sever ties with Arthur<br />
Andersen by May 15. The commission said public<br />
confidence in Atlantic City casinos would be<br />
undermined if they continued to use Arthur<br />
Andersen for auditing purposes.<br />
In ILLINOIS, federal investigators served a subpoena<br />
on the Illinois Gaming Board, demanding<br />
records relating to the board’s rejection <strong>of</strong> MGM<br />
Mirage’s $615 million bid for the stalled Emerald<br />
Casino project in the Chicago suburb <strong>of</strong> Rosemont.<br />
In KENTUCKY, key legislators seem to be writing<br />
<strong>of</strong>f the proposed slots-for-tracks bill. House<br />
Speaker Pro Tem Larry Clark said the measure<br />
was “almost on its last legs.” House Democratic<br />
Floor Leader Greg Stumbo said <strong>of</strong> passage, “It’s<br />
not impossible, but I think it’s less likely as every<br />
day goes by.” Those days are numbered. There<br />
are only five left before adjournment April 15.<br />
In DELAWARE, Dover Downs Entertainment has<br />
opened its 232-room hotel, adjacent to its racetrack<br />
which seats 140,000, and its state-<strong>of</strong>-the-art<br />
casino. President and CEO Denis McGlynn says,<br />
“Now we are a real entertainment destination, as<br />
opposed to a day trip.”
HARNESS TRACKS OF AMERICA<br />
Executive Newsletter<br />
A daily fax and e-mail report on racing and gaming developments in North <strong>America</strong> and beyond<br />
Stanley F. Bergstein, Editor<br />
PRAIRIE MAY DITCH HARNESS<br />
<strong>Harness</strong> racing at Prairie Meadows in Iowa may<br />
soon be a thing <strong>of</strong> the past. Jim Rasmussen, chairman<br />
<strong>of</strong> the Racing Association <strong>of</strong> Central Iowa<br />
which operates the racetrack, has told Royal<br />
Roland, the president <strong>of</strong> the Iowa <strong>Harness</strong><br />
Horsemen’s Association, that the sport’s days are<br />
numbered, and that this year’s fall meeting may<br />
be the last. Although harness racing has a rich<br />
history dating back well over a century in Iowa,<br />
and the Des Moines Register says harness interests<br />
were instrumental in lobbying for the parimutuel<br />
bill that brought racing to Prairie Meadows,<br />
Rasmussen now says there is little support<br />
for it at the Des Moines-area track, and that the<br />
racing association may instead support increased<br />
funding for harness races at Iowa’s summer county<br />
fairs. Prairie Meadows currently pays $750,000<br />
for harness purses at the fairs, has $600,000 slated<br />
for this year’s 20-day fall harness meeting, and<br />
says it costs an additional $175,000 to $200,000 to<br />
convert its track from the runners to harness racing.<br />
If the sport is abandoned, it would mark its<br />
third setback at Prairie Meadows. The harness<br />
meet was halted after 34 days <strong>of</strong> a scheduled 53-<br />
day meeting during Prairie Meadows inaugural<br />
season <strong>of</strong> 1989 when the track ran out <strong>of</strong> money,<br />
and was dropped after the 1990 meeting. It returned<br />
to the track’s racing schedule in 1999, but<br />
total daily handle last year was down to $36,221.<br />
Thoroughbred and quarter horse dates will drop<br />
from 98 to around 75 days in 2003, and purses for<br />
those meetings will drop from $20 million to $15<br />
million.<br />
WAPLES SUES WEG<br />
Randy Waples, Canada’s leading harness race<br />
driver who was banned for a month and put on probation<br />
for six last December after a paddock<br />
incident with another driver, is suing<br />
Woodbine Entertainment Group for $11<br />
million.<br />
March 29, <strong>2002</strong><br />
Waples claims he is being denied the opportunity<br />
to make a living, despite the fact that he was eligible<br />
to drive again at WEG tracks on February 1<br />
but chose not to accept conditions for a code <strong>of</strong><br />
conduct following his earlier paddock outbursts.<br />
STRONG WORDS IN MARYLAND<br />
A member <strong>of</strong> the Maryland Racing Commission<br />
has told the Washington Post that he and at least<br />
three other commissioners would oppose a sale <strong>of</strong><br />
the Maryland Jockey Club’s Pimlico and Laurel<br />
racetracks to Magna Entertainment, based on their<br />
operation <strong>of</strong> Gulfstream Park. Commissioner<br />
Terry Saxon said, “We would never approve it, I<br />
can tell you that. I personally would look long and<br />
hard after the experience at Gulfstream.” Another<br />
commissioner, Lou Ulman, had a more balanced<br />
view. He said he “would need to know what their<br />
objectives are, and I think Maryland should have<br />
year-round racing. I think some <strong>of</strong> the companies<br />
might have other objectives.” Magna president<br />
Jim McAlpine had no comment on the commissioners’<br />
statements.<br />
MAGNA SETTLES ON RUNOFF<br />
Magna Entertainment’s Portland Meadows, which<br />
lost half <strong>of</strong> its winter meeting because <strong>of</strong> disagreements<br />
with the Environmental Protection Agency,<br />
has settled its wastewater run<strong>of</strong>f problems, at least<br />
temporarily. In a consent agreement in a suit filed<br />
by the Northwest Environmental Defense Center<br />
and the Columbia Riverkeeper, the track has<br />
agreed to divert its storm drains from the Columbia<br />
Slough to the city <strong>of</strong> Portland’s sewage system<br />
-- at a cost <strong>of</strong> $750,000 -- and pay a $100,000 fine<br />
to the U.S. Treasury in a civil penalty. The track<br />
now can race until 2005, when it will have to relocate<br />
or close, according to the Portland Oregonian.<br />
Magna already holds options on land in the area,<br />
but will need rezoning.
HARNESS TRACKS OF AMERICA<br />
Executive Newsletter<br />
A daily fax and e-mail report on racing and gaming developments in North <strong>America</strong> and beyond<br />
Stanley F. Bergstein, Editor<br />
WESTERN SHOOTER PUT DOWN<br />
Western Shooter, the outstanding 2-year-old pacer<br />
<strong>of</strong> 2001, winner <strong>of</strong> $904,000 and last year’s Breeders<br />
Crown and Governor’s Cup and top-rated in<br />
this year’s Experimental Handicap <strong>of</strong> 3-year-olds,<br />
was euthanized Saturday evening at the Biederman<br />
Veterinary Clinic in Maidstone, Ontario. Owned<br />
by trainer Bob McIntosh, the CSX Stables <strong>of</strong> Ohio,<br />
Michael Koehler <strong>of</strong> Michigan and Walnut Hall Ltd.<br />
<strong>of</strong> Lexington, the colt was named champion juvenile<br />
pacer <strong>of</strong> 2001 by both <strong>Harness</strong> <strong>Tracks</strong> <strong>of</strong><br />
<strong>America</strong>’s racing secretaries and the United States<br />
<strong>Harness</strong> Writers Association. He developed a lump<br />
on his neck two weeks ago and was treated at Ohio<br />
State University’s Veterinary Clinic. A week ago<br />
today he was sent home to Ontario, where his condition<br />
— diagnosed as toxemia — worsened. He<br />
was sent to the Biederman Clinic and appeared to<br />
improve by mid-afternoon Saturday, but he then<br />
suffered a relapse, and as he sank into severe distress<br />
in the early evening the decision was made<br />
to end the brilliant young pacer’s suffering, and he<br />
was euthanized at 7:30 p.m. His death removes<br />
from the scene a colt that owner-trainer McIntosh,<br />
who has conditioned some <strong>of</strong> the most successful<br />
horses in the sport, said “He goes fast easy, and<br />
does it easier than any I’ve ever trained.”<br />
RACING VS. BOATS IN IOWA<br />
Iowa’s discriminatory taxation <strong>of</strong> racing’s slots at<br />
tracks as opposed to the state’s gambling<br />
riverboats has reached the Iowa Supreme Court,<br />
which now will decide the constitutionality <strong>of</strong> the<br />
widely disparate rates. The Racing Association <strong>of</strong><br />
Central Iowa, which operates Prairie Meadows<br />
Racetrack and Casino, is challenging the present<br />
structure under which the track’s casino revenues<br />
are taxed on a graduating scale that has risen<br />
2% a year from 20% in 1994 to 32% at<br />
present, and will continue to rise for two<br />
more years to 36% in 2004.<br />
April 1, <strong>2002</strong><br />
Iowa’s riverboats, meanwhile, continue to be taxed<br />
at a maximum rate <strong>of</strong> 20%. The rationale <strong>of</strong>fered<br />
for the differing rates by Iowa assistant attorney<br />
general Jeffrey Farrell seem ludicrous. He argues<br />
that the state was trying to keep riverboats from<br />
leaving Iowa, which some did, and that it was not<br />
interested in attracting more racetracks. He also<br />
noted that riverboats, under the law, were required<br />
to have historic river themes, and the tracks are<br />
not. One Supreme Court judge last Friday, responding<br />
to Farrell’s argument about keeping riverboats<br />
in Iowa, asked, “If people were leaving western<br />
Iowa, could we tax them at a different rate than in<br />
central Iowa?” If having to maintain river themes<br />
is a valid reason for hugely disparate tax rates,<br />
then Prairie Meadows would seem to have an easy<br />
solution. Paint historic Iowa rivers on all <strong>of</strong> the<br />
walls. A Polk county district judge agreed with the<br />
state’s arguments in December, 2000, but the Supreme<br />
Court now will consider the matter. A decision<br />
is not expected to be handed down for several<br />
months, but if Prairie Meadows prevails Polk<br />
county could owe the racino a rebate <strong>of</strong> $60 million,<br />
Bluffs Run Greyhound Park in Council Bluffs<br />
could receive $49 million and Dubuque Greyhound<br />
Track and Casino could get $12 million in refunds.<br />
NEW POST FOR HARTMANN<br />
Joe Hartmann, veteran publicist and former general<br />
manager <strong>of</strong> HTA member Plainridge Racecourse,<br />
has been named executive director <strong>of</strong> the<br />
Florida Standardbred Breeders and Owners Association.<br />
Past president and chairman <strong>of</strong> the board<br />
<strong>of</strong> the United States <strong>Harness</strong> Writers Association,<br />
Hartmann also has served as president <strong>of</strong> the<br />
North <strong>America</strong>n <strong>Harness</strong> Publicists Association,<br />
director <strong>of</strong> communications at Pompano Park, director<br />
<strong>of</strong> public relations at the Red Mile, and director<br />
<strong>of</strong> simulcasting at the Little Brown Jug. He<br />
takes over his new duties a week from today.
HARNESS TRACKS OF AMERICA<br />
Executive Newsletter<br />
A daily fax and e-mail report on racing and gaming developments in North <strong>America</strong> and beyond<br />
Stanley F. Bergstein, Editor<br />
WILL THEY OR WON’T THEY?<br />
The New York State Racing and Wagering Board<br />
is meeting at Vernon Downs today to decide on a<br />
<strong>2002</strong> license for the financially embattled track.<br />
Track president Justice Cheney thought that the<br />
fact that the board had moved its meeting from<br />
yesterday in Albany to Vernon today was an encouraging<br />
sign, saying “they will get a chance to<br />
see how important our license is to the local<br />
people and the local area.” Vernon hopes to open<br />
its 50th season <strong>of</strong> racing May 3, but the racing<br />
board wants to review its financial status and<br />
hear details <strong>of</strong> the $8.5 million, 2-year-loan, at<br />
15% interest, from Las Vegas entrepreneur<br />
Shawn Scott, and the threatened lawsuit by the<br />
Eric Cherry group that exercised an option to<br />
buy the track for $9 million but can be voted<br />
down by Scott, who has gained control <strong>of</strong> almost<br />
40% <strong>of</strong> Vernon’s stock.<br />
POMPANO DEAL CHALLENGED<br />
Pompano Park’s agreement to exchange simulcast<br />
signals with Gulfstream Park, which got<br />
underway on Sunday, March 24 and was challenged<br />
by the Florida Division <strong>of</strong> Pari-Mutuel<br />
Wagering two days later, now is under reconsideration<br />
following a teleconference between<br />
Pompano, Gulfstream and Calder <strong>of</strong>ficials and<br />
attorneys, horsemen’s reps, the Division, and the<br />
Bureau <strong>of</strong> Business Regulation, which oversees<br />
the Division. The Division contends that the exchange<br />
is contrary to Florida law and told the<br />
tracks they had exposed themselves to “potential<br />
disciplinary action by the state.” Lawyers<br />
for the tracks disagree with that interpretation,<br />
have a different view <strong>of</strong> the statute, and presented<br />
their opinions accordingly. Track <strong>of</strong>ficials said<br />
they considered the conference to have been a<br />
good meeting and look forward to further<br />
dialogue with the Division, and are continuing<br />
the daily simulcast exchanges pending<br />
further word.<br />
April 2, <strong>2002</strong><br />
FEINBERG FLIES UNITED<br />
Regardless <strong>of</strong> how the cross-breed simulcasting<br />
discussions turn out, Pompano Park general<br />
manager Dick Feinberg flies on in national commercials<br />
for United Airlines. A United spot shows<br />
one <strong>of</strong> its huge airliners with “Richard Feinberg”<br />
painted large on the side <strong>of</strong> the fuselage. The<br />
commercial goes on to say that “We fly 120 (or<br />
whatever the number) 747s and one Richard<br />
Feinberg.” That should be good for a few years<br />
-- maybe a lifetime --<strong>of</strong> free first-class tickets to<br />
anywhere, Dick. Look into it.<br />
BAD NEWS COMES IN THREES<br />
The old adage hit harness racing hard in the last<br />
week. First came the collapse and death <strong>of</strong> Louie<br />
Louie Too, third ranked 3-year-old pacer in this<br />
year’s Experimental Handicaps, while preparing<br />
for a training mile for Joe Holloway last<br />
Wednesday at Showplace Farm in New Jersey.<br />
Then the top rated colt, Western Shooter, was<br />
euthanized in Ontario. And yesterday trainer<br />
Chris Marino announced that the 3-year-old<br />
trotting filly <strong>of</strong> 2001, Syrinx Hanover, undefeated<br />
in 12 starts last year, was being retired after going<br />
lame while training at the Red Mile in Lexington,<br />
Ky. She will be bred to the red hot trotting<br />
sire Garland Lobell.<br />
GOT A PROBLEM? RAISE TAKE<br />
California, like the rest <strong>of</strong> the country, is facing<br />
a major problem as insurance premiums soar.<br />
No <strong>of</strong>ficial approach has been taken yet, but discussions<br />
at a California Horse Racing Board<br />
meeting last week floated the idea <strong>of</strong> s<strong>of</strong>tening<br />
the blow by -- you guessed it -- raising takeout,<br />
and have the constantly diminishing public that<br />
bets on racing underwrite the cost. The<br />
Thoroughred Owners <strong>of</strong> California think they will<br />
support the idea. One who won’t is the<br />
CHRB’s vice chairman Roger Licht, who<br />
says he opposes a hike in takeout.
HARNESS TRACKS OF AMERICA<br />
Executive Newsletter<br />
A daily fax and e-mail report on racing and gaming developments in North <strong>America</strong> and beyond<br />
Stanley F. Bergstein, Editor<br />
VERNON TRIES AGAIN TODAY<br />
The New York Racing and Wagering Board, meeting<br />
yesterday at Vernon Downs, declined to license<br />
the track and tabled the matter, raising questions<br />
about financing including the status <strong>of</strong> Shawn Scott,<br />
the Las Vegas investor who has loaned Vernon<br />
$8.5 million to stay afloat. The track used $3.5<br />
million to avoid foreclosure on its Vernon Country<br />
Suites Hotel, where yester-days’ racing board<br />
meeting was held. Board chairman Mike Hoblock<br />
said the board had spent six months investigating<br />
Eric Cherry’s agreement to buy Vernon, but had<br />
only a week or so to check on Scott’s bid and his<br />
background. The board’s deputy director <strong>of</strong> audits<br />
and investi-gations reported yesterday that<br />
during that brief time he found “regulatory compliance<br />
issues” involving Scott in other states. In<br />
response, Scott said he would relinquish any control<br />
over the Mid-State Raceway board, which<br />
operates Vernon Downs, and over Vernon president<br />
Justice Cheney, while the board was checking<br />
his own credentials. Cheney said the 15%<br />
annual interest Scott is charging for his loan was<br />
not out <strong>of</strong> line with other loans Vernon has taken<br />
out in recent years, and the Associated Press reported<br />
the track carried seven mortgages. Racing<br />
board executive director asked Cheney about<br />
Vernon’s future financial viability if it received an<br />
interim license, and Cheney replied, “I don’t have<br />
an answer for you.” Former HTA and Maryland<br />
Jockey Club executive Jim Mango, now a Mid-<br />
State Board member representing Eric Cherry, said<br />
Cherry was willing to risk his investment with other<br />
shareholders, but that Scott had little personal risk<br />
if the track fails. Also representing Cherry yesterday<br />
was Morty Finder, a longtime figure in the<br />
sport, who said Mid-State’s action raised “an<br />
aroma <strong>of</strong> double-dealing” that might require court<br />
action. Racing board chairman Hoblock<br />
said the board would consider the application<br />
again today.<br />
April 3, <strong>2002</strong><br />
NEXT WORD FROM BUFFY<br />
Taking a light touch, this is how the Lexington<br />
Herald-Leader’s Janet Patton sized up the struggle<br />
for VLTs for tracks in Kentucky today, under a<br />
headline reading, “Slots bill is dead, or maybe it<br />
isn’t. Patton is noncommittal.”<br />
Ms. Patton’s story read, “The slots bill is<br />
dead....unless it gets sucked into the budget freefor-all.<br />
Otherwise, the slots bill is dead.....unless<br />
the budget bickering blossoms into a special legislative<br />
session. But otherwise, the slots bill really<br />
is dead....unless the governor calls a special<br />
session just for slots. For now, until we hear from<br />
Buffy the Vampire Slayer, the slots bill is slumbering<br />
in a dead-end committee with a Senate stake<br />
in its mechanical-fruit heart.......An April Fool’s Day<br />
joke pretended to spring the controversial bill for<br />
a vote, but later on Monday night, House Bill 768<br />
was quietly buried in the Appropriations and Revenue<br />
committee.”<br />
Proponents, including the House bill’s sponsor,<br />
Rep. Jim Callahan, the Majority Caucus chairman,<br />
promised they would be back. Callahan said if there<br />
were no agreement on the state budget and a special<br />
session is called, he will ask Gov. Paul Patton<br />
to consider putting slots on the table. Patton was<br />
non-committal about doing so if he calls a special<br />
session on the budget, saying, “Slots have not<br />
been our agenda, and we never proposed a budget<br />
based on slots.” And if that were not negative<br />
enough, House Speaker pro tem Larry Clark, a<br />
strong supporter <strong>of</strong> the bill, said, “I think it’s probably<br />
at the funeral home right now.”<br />
In Arizona, Gov. Jane Hull said the state’s horse<br />
and dog tracks were lying and distorting facts on<br />
her plan to continue Indian casino operations. She<br />
told legislators tracks were “playing fast<br />
and loose with the truth” in radio and newspaper<br />
ads they ran opposing her plan.
HARNESS TRACKS OF AMERICA<br />
Executive Newsletter<br />
A daily fax and e-mail report on racing and gaming developments in North <strong>America</strong> and beyond<br />
Stanley F. Bergstein, Editor<br />
RACING WAITS ON EMERALD<br />
And it may be a long wait. The Emerald Casino,<br />
whose gaunt steel skeleton holds high promise for<br />
Illinois racing at some distant date, is in more deep<br />
controversy. Kevin Flynn, who says he and his<br />
relatives have put nearly $40 million into the illfated<br />
casino, now says he will fight to prevent anyone<br />
else from gaining rights to the project until his<br />
family is assured <strong>of</strong> “a fair return” on its investment.<br />
Flynn did not tell the Chicago Tribune what<br />
a “fair return” would be, but the newspaper reports<br />
that had the Illinois Gaming Board approved<br />
a sale <strong>of</strong> the Emerald license to MGM Mirage,<br />
which it did not, the Flynn family would have received<br />
some $240 million. Fair enough.<br />
Flynn says that “if we can’t find a middle ground,<br />
we will have to work to vindicate ourselves and<br />
our reputations in a court <strong>of</strong> law.” The Gaming<br />
Board last year found Flynn and his father Donald,<br />
a former Waste Management executive, unsuitable<br />
for a casino license, saying they had lied to<br />
regulators and sold shares to mob-related figures.<br />
A spokesman for a minority investor group that<br />
includes the widow <strong>of</strong> Chicago Bears hero Walter<br />
Payton told the Tribune the Flynns “are trying to<br />
milk every dime out <strong>of</strong> a deal they frankly don’t<br />
have any right to. To be standing at the rail demanding<br />
pr<strong>of</strong>it is just audacious.”<br />
In another Emerald development, in which Donald<br />
Stephens, the mayor <strong>of</strong> suburban Rosemont where<br />
the casino is located, is trying to have a cap placed<br />
on the size <strong>of</strong> the subsidy that would go to tracks<br />
from the casino’s revenues. The Illinois House<br />
Republican leader told Stephens he would not support<br />
a reduction. A bill doing just that passed a<br />
House committee yesterday, however, on a party<br />
line vote, and Democrats also control the<br />
full House, where it may be voted on today<br />
or tomorrow.<br />
April 4, <strong>2002</strong><br />
Stephens, who never objected to the track share<br />
until recently, now calls the law as currently written<br />
“a rip-<strong>of</strong>f for the horse-racing industry.”<br />
Other Illinois Gaming Board developments also<br />
are making news in Chicago. Three days after<br />
retiring from the board, its deputy administrator<br />
signed on as executive director <strong>of</strong> the Illinois Casino<br />
Gaming Association. A board spokesman said<br />
the board found no conflict <strong>of</strong> interest, but public<br />
watchdog organizations are enraged.<br />
AND WHILE ROME BURNS<br />
The Nebraska attorney general plans to ask the<br />
state Supreme Court to decide whether betting on<br />
horses by telephone violates the state’s constitution.<br />
Citing a law passed 68 years ago that specifies<br />
that betting is limited “to wagering that takes<br />
place inside the confines <strong>of</strong> a racetrack”, he questions<br />
whether account wagering, approved for several<br />
tracks by the state’s racing board, is legal.<br />
The tracks contend that courts in other states have<br />
held that since telephone bets are recorded at a<br />
track, that technically satisfies any “on-site” requirement.<br />
The tracks’ attorney says telephone<br />
betting is no different than someone making a cell<br />
phone call to a friend at a track and asking him to<br />
place a bet on their behalf. “This conduct is clearly<br />
legal and not in violation <strong>of</strong> any statutory <strong>of</strong> constitutional<br />
provisions,” he said.<br />
INDIANS REVISIT MONTICELLO<br />
A dissident faction <strong>of</strong> the St. Regis Mohawk tribe<br />
in New York state, not currently recognized by the<br />
U.S. government, now claims it has new rights under<br />
a recent federal court decision, and says it plans<br />
to revive efforts to build a casino at Monticello<br />
Raceway. The government recognizes three chiefs,<br />
who ditched a Mohawk Monticello agreement for<br />
one with Park Place Entertainment, as the legal<br />
representatives <strong>of</strong> the tribe.
HARNESS TRACKS OF AMERICA<br />
Executive Newsletter<br />
A daily fax and e-mail report on racing and gaming developments in North <strong>America</strong> and beyond<br />
Stanley F. Bergstein, Editor<br />
D-DAY FOR ILLINOIS TRACKS?<br />
The Illinois House was scheduled to vote today on<br />
a measure that would sharply reduce racetracks’<br />
shares <strong>of</strong> revenue from the Emerald Casino, currently<br />
in skeletal limbo in the Chicago suburb <strong>of</strong><br />
Rosemont. Under original legislation tracks were<br />
to get a 15% share <strong>of</strong> the proposed casino’s revenues<br />
to modify the impact <strong>of</strong> the increased competition.<br />
Wednesday a House Government Administration<br />
committee voted 5-3 for slicing that<br />
to 15% <strong>of</strong> the state’s tax revenue share. Today is<br />
the final day for a vote in the full House, and a<br />
close vote is expected if one is called.<br />
CASINO GIVES UP TAX FIGHT<br />
An Indiana riverboat casino, Caesars Indiana, has<br />
decided after a two-year fight and adverse opinion,<br />
not to ask for a rehearing in its request for a<br />
50% reduction <strong>of</strong> its 1999 property tax assessment.<br />
Caesars’ argument was that it had encountered<br />
unexpected business reverses, and had<br />
pleaded “economic obsolescence”, defined as a<br />
loss <strong>of</strong> value from factors beyond its control. They<br />
cited low water levels on the Ohio river that created<br />
a two-week shutdown in July 1999, delays in<br />
building their 500-room hotel, and an accident<br />
between their 5,000 passenger riverboat and a<br />
barge. Business men and farmers told the tax review<br />
board they would file for similar tax breaks if<br />
the board granted Caesars’ request, and the board<br />
told Caesars, “Sorry, but no.” Caesars says it<br />
still thinks it is entitled to the reassessment, but<br />
that it has decided it isn’t worth the money, time<br />
and effort to appeal any further. A favorable decision<br />
for Caesars would have cost Harrison county,<br />
where the riverboat is located, $275,000. In another<br />
loud “No!”, the town council <strong>of</strong> Scarborough,<br />
Maine, banned VLTs in the business zone in which<br />
Scarborough Downs is located. The track<br />
and horsemen had argued their economic<br />
viability depended on the track getting the<br />
slots.<br />
April 5, <strong>2002</strong><br />
CONGRESS SPEECHES ON WEB<br />
Transcripts <strong>of</strong> individual and panel presentations<br />
from the <strong>Harness</strong> Racing Congress in Las Vegas<br />
now are available on the public section <strong>of</strong> <strong>Harness</strong><br />
<strong>Tracks</strong> <strong>of</strong> <strong>America</strong>’s Web site,<br />
www.harnesstracks.com, and more are being<br />
added daily as transcriptions are completed. Currently<br />
available (click on red on Web site):<br />
The Medication Issue: Is There Light at the End<br />
<strong>of</strong> the Tunnel?, with Lonny T. Powell, president<br />
and CEO, Racing Commissioners International,<br />
and Alan Foreman, chairman/CEO Thoroughbred<br />
Horsemen’s Association and author <strong>of</strong> a new plan<br />
for uniform medication.<br />
Living with the People Who Regulate Your Lives.<br />
Bennett Liebman, Albany Law School, former<br />
member New York Racing and Wagering Board.<br />
Making Money Legally Without Losing Your Sanity:<br />
Some Thoughts on Managing in the Racing<br />
Industry. Dr. Lyle Sussman, pr<strong>of</strong>essor <strong>of</strong> management,<br />
School <strong>of</strong> Business, University <strong>of</strong> Louisville.<br />
The Realities <strong>of</strong> International Simulcasting. Tom<br />
Aronson, senior vice president, international, Television<br />
Games Network.<br />
Big and Small: What’s Ahead for <strong>Harness</strong> Racing<br />
in the Age <strong>of</strong> Giants? John R. Long, president,<br />
Churchill Downs Management, and executive VP<br />
and COO, Churchill Downs, and David Willmot,<br />
president/CEO, Woodbine Entertainment Group<br />
and immediate past president, HTA.<br />
Print, Radio and TV Coverage in the Age <strong>of</strong> Simulcasting,<br />
with journalists Bill Heller; Alan<br />
Kirschenbaum; Debbie Little, New York Post; Rob<br />
Longley, Toronto Sun; and Phil Pikelny,<br />
Landmark Broadcasting.<br />
.
HARNESS TRACKS OF AMERICA<br />
Executive Newsletter<br />
A daily fax and e-mail report on racing and gaming developments in North <strong>America</strong> and beyond<br />
Stanley F. Bergstein, Editor<br />
SCIOTO ROAR IS MOTORCYCLES<br />
For the first time in its 43-year history, something<br />
other than trotters and pacers will race around<br />
Scioto Downs’ five-eighth mile track later this<br />
month, and you won’t have any trouble hearing<br />
them. The roar and rumble <strong>of</strong> 750cc motorcycles<br />
will be heard loud and clear, as the <strong>America</strong>n Motorcycle<br />
Association presents the third leg <strong>of</strong> the<br />
AMA Progressive Insurance U.S. Flat Track<br />
Championship at Scioto Sunday, April 21. Scioto<br />
general manager Ed Ryan says the track is thrilled<br />
to be hosting the Buckeye National, and thinks<br />
the event will attract not only existing flat track<br />
fans, but his harness racing fans as well. “The<br />
entire family will have fun spending a day at the<br />
motorcycle races, and afterwards they can go to<br />
the pits and meet the racers.” We wonder if Scioto<br />
publicist Anne Doolin will hustle this one as “Going<br />
to the pits”. And we think Scioto is fortunate<br />
in having one <strong>of</strong> the best track builders and conditioners<br />
in the business as its general manager: Mr.<br />
Ryan himself. He may have a great time Monday,<br />
the 22d, putting his track back together, particularly<br />
since the cyclists’ operations manager<br />
says, “It’s a fast track with 14-degree banking in<br />
the corners. The riders should be able to get a<br />
heck <strong>of</strong> a run down the straights coming <strong>of</strong>f banked<br />
turns. It should make for great racing.”<br />
PLAINRIDGE, BIG M, FOR YOUTH<br />
Two HTA tracks are stepping up to the plate with<br />
solid support for one <strong>of</strong> the sport’s most valuable<br />
assets, the <strong>Harness</strong> Horse Youth Foundation.<br />
Plainridge Racecourse in Massachusetts is donating<br />
100% <strong>of</strong> proceeds on ticket sales for its Kentucky<br />
Derby Raffle to the HHYF, and the Meadowlands<br />
in New Jersey will be the site <strong>of</strong> an exceptional<br />
wine tasting event in conjunction<br />
with its Berry Creek final that should prove<br />
to be a solid winner for the HHYF.<br />
April 8, <strong>2002</strong><br />
Thanks to the efforts <strong>of</strong> Paul Fontaine at Plainridge<br />
and Jonathon Newman at the Meadowlands, the<br />
Youth Foundation should kick <strong>of</strong>f the spring-summer<br />
season with two winners. At Plainridge, the<br />
promotion gives the lucky winner <strong>of</strong> the track’s<br />
Kentucky Derby Raffle on Saturday, April 27, a<br />
$5,000 bet on the Derby. Tickets are $1 each, and<br />
the bet must be placed through the windows at<br />
Plainridge at least an hour before post for the<br />
Derby May 4. Fontaine, who is vice president <strong>of</strong><br />
the Youth Foundation, says, “This is a no-lose<br />
fundraiser with a huge potential for the winner <strong>of</strong><br />
the raffle. The Foundation appreciates the cooperation<br />
<strong>of</strong> the track and management to include us<br />
and, given the nature <strong>of</strong> our industry we feel there<br />
should be a market for the ticket sales.”<br />
At the Meadowlands, fundraiser organizer and<br />
Youth Foundation trustee Newman says <strong>of</strong> the wine<br />
tasting, “This event is extremely exciting. Not<br />
only will the finest wines be served with a paired<br />
dinner at the Meadowlands, but the proceeds will<br />
benefit the Foundation whose work is vital to harness<br />
racing. Wine enthusiasts should certainly<br />
plan to attend this rare opportunity to enjoy some<br />
<strong>of</strong> the very best wines in the world.” Wines will<br />
include those from the domaine <strong>of</strong> Chateau Lafite<br />
Rothschild, Chateau Latour, Chateau Mouton<br />
Rothschild, Chateau Haut Brion and Chateau<br />
Margaux. A tax deductible contribution <strong>of</strong> $1,000<br />
per person will help educate young people about<br />
all facets <strong>of</strong> harness racing.<br />
ANOTHER WOODBINE WINNER<br />
Woodbine Entertainment’s <strong>2002</strong> Media Guide is<br />
out, and it’s another open length winner. In a slick<br />
and shiny black cover and 5 1/2 x 8 1/2 format,<br />
uses the effective back-to-back upside- down presentations<br />
for harness and thoroughbred racing,<br />
and includes a CD on stakes results in an inside<br />
back cover pocket.
HARNESS TRACKS OF AMERICA<br />
Executive Newsletter<br />
A daily fax and e-mail report on racing and gaming developments in North <strong>America</strong> and beyond<br />
Stanley F. Bergstein, Editor<br />
VERNON GETS TEMP LICENSE<br />
The New York Racing and Wagering Board yesterday<br />
issued a temporary 90-day racing and simulcasting<br />
license to Mid-State Raceway, the parent<br />
<strong>of</strong> Vernon Downs, which will enable the track<br />
to open its season as scheduled on May 3. Although<br />
the racing board staff expressed concern<br />
about licensing pending further investigation,<br />
board chairman Mike Hoblock said, “I think this<br />
is the best we can do under the circumstances,”<br />
adding that the track was “about a day” from being<br />
closed down. The issues <strong>of</strong> concern included<br />
the role <strong>of</strong> investor Shawn Scott and and regulatory<br />
compliance issues involving him. Scott’s $8.5<br />
million loan enabled the track to meet outstanding<br />
obligations and kept it from losing its stretch turn<br />
hotel.<br />
Under the terms <strong>of</strong> the conditional license, Scott<br />
and his associates are prohibited from being involved,<br />
directly or indirectly, in the management<br />
or affairs <strong>of</strong> Vernon, or <strong>of</strong> directly or indirectly influencing<br />
its directors, <strong>of</strong>ficers or employees in<br />
any way. Failure to comply with the conditions set<br />
forth by the board, or derogatory information concerning<br />
the licsensibility <strong>of</strong> Shawn Scott, the lender<br />
entities or those individuals or entities associated<br />
with the lender’s interests would result in termination<br />
<strong>of</strong> the temporary licenses prior to July 6, <strong>2002</strong>,<br />
their ending date. Vernon president and CEO said<br />
he had no complaints with the conditions, and said<br />
that “if Scott wants to participate with Vernon<br />
Downs, I’m sure he’ll cooperate in every way possible.”<br />
SIMULCASTING TRIAL ENDS<br />
Bowing to racing regulators’ view that cross-breed<br />
simulcasting between Pompano and<br />
Gulfstream Parks violated Florida law, the<br />
two tracks ended their experiment yesterday.<br />
Dick Feinberg, Pompano’s GM, said<br />
racing fans were the biggest losers.<br />
April 9, <strong>2002</strong><br />
Both tracks plan to pursue the matter, seeking an<br />
immediate review and “judicial resolution” <strong>of</strong> the<br />
issue. Under the agreement, the two tracks were<br />
exchanging their simulcast signals, and Feinberg<br />
said the cross-breed simulcasting “has been enjoyed<br />
by hundreds <strong>of</strong> racing fans who have appreciated<br />
the convenience <strong>of</strong> watching and wagering<br />
on thoroughbred racing at Pompano.” Pompano’s<br />
daily simulcasts <strong>of</strong> other out-<strong>of</strong>-state thoroughbred<br />
action after 6 p.m. is not affected by the ban.<br />
SCHWARTZ CALLS FOR MERGER<br />
Blood-Horse Interactive reports today that the<br />
magazine has obtained a copy <strong>of</strong> a late February<br />
letter sent by New York Racing Assn. chairman<br />
Barry Schwartz to New York City mayor Michael<br />
Bloomberg, saying a merger between New York<br />
City OTB and NYRA “would have no downside”<br />
and would make New York racing able to compete<br />
more effectively against Magna Entertainment and<br />
Churchill Downs, which NYRA considers competition.<br />
According to Blood-Horse, Schwartz <strong>of</strong>fered<br />
to share excess pr<strong>of</strong>it above base numbers equally<br />
with OTB, and said the idea would provide “substantial<br />
budget relief to the city in the near term,<br />
and enormous potential for long-term economic development<br />
over the coming decades.” Schwartz<br />
told the mayor that Magna, which thought it had<br />
bought New York City OTB under the Giuliani<br />
administration, and Churchill had a strategy <strong>of</strong><br />
“driving a wedge between NYRA and NYCOTB”.<br />
He said New York was “in grave danger <strong>of</strong> losing<br />
out leverage in the industry,” and that merger could<br />
make New York “a dominant force in determining<br />
the price for which races are bought and sold in<br />
the simulcast market.” He said unions, which opposed<br />
the sale <strong>of</strong> NYCOTB last year, would accept<br />
a merger, and talked <strong>of</strong> “crafting a merger<br />
that will be satisfactory to all concerned.”
HARNESS TRACKS OF AMERICA<br />
Executive Newsletter<br />
A daily fax and e-mail report on racing and gaming developments in North <strong>America</strong> and beyond<br />
Stanley F. Bergstein, Editor April 10, <strong>2002</strong><br />
“A DELICATE BALANCE” SLOTS FOR SCHOOLS IN MD?<br />
A noisy, nasty fight has developed in Arizona between<br />
the state’s horse and dog tracks, such as V. Mike Miller Jr., said yesterday that he believes<br />
The president <strong>of</strong> the Maryland Senate, Thomas<br />
they are, and the state’s fiery, red-haired governor,<br />
Jane Hull. The governor has called the track billion-dollar increase in eduction funds that was<br />
the state will have to legalize slots to pay for a<br />
operators liars, and if they lose the fight they have approved by the General Assembly without provisions<br />
for funding the program. Miller told the<br />
started, they had better stay clear <strong>of</strong> the governor’s<br />
<strong>of</strong>fice for the remainder <strong>of</strong> her term. The issue, Washington Times that he thinks tying income<br />
not surprisingly, is Indian gaming, and a quest for from the VLTs to educational funding will ensure<br />
slots at the tracks, which have gained the support their approval and enable Maryland to stay competitive<br />
with neighboring states. The intractable<br />
<strong>of</strong> the president <strong>of</strong> the state Senate, Randall<br />
Gnant. Gov. Hull does not want slots at tracks, opposition to slots at tracks by Gov. Parris N.<br />
and Gnant has introduced a bill that could give Glendening will cease to be an issue when the<br />
them to the tracks through a statewide referendum.<br />
The governor has worked out what she calls limits if Republican candidate Robert L. Ehrlich<br />
governor leaves <strong>of</strong>fice next January under term<br />
“a delicately balanced compromise” with 17 <strong>of</strong> the Jr. wins in November. Ehrlich, currently a U.S.<br />
state’s Indian tribes, and she wants the Senate to Congressman, favors legalizing slots at tracks as<br />
ratify it. She is infuriated at ads run by the tracks, the only way to help Maryland’s tracks and horse<br />
and she showed up in a rare personal appearance industry. Either way, Miller says getting slots approved<br />
“will be a close vote and a tough sell.”<br />
at a Senate Government Committee hearing to tell<br />
the legislators, “I think there are other ways we<br />
EMERALD SWEETENS THE POT<br />
can be spending money other than on fancy slick<br />
A huge state budget shortfall also is at the heart<br />
ads that tell lies as the tracks have been doing for<br />
<strong>of</strong> another gambling matter. According to the Chicago<br />
Sun-Times, which obtained a copy <strong>of</strong> an <strong>of</strong>-<br />
the past several months.” She said that if gambling<br />
is not confined to the Indian reservations “it<br />
fering letter, the owners <strong>of</strong> the half-built but stalemated<br />
Emerald Casino in Chicago’s suburb <strong>of</strong><br />
will put gambling in our neighborhoods, because I<br />
think once this goes you will have slot machines in<br />
Rosemont have doubled the stakes in the hope <strong>of</strong><br />
every Circle K or 7-11 in the state, along with the<br />
being able to sell the license and take a huge pr<strong>of</strong>it.<br />
tracks.” A poll conducted by the Social Research<br />
They have sent a letter to the Illinois Gaming<br />
Laboratory at Northern Arizona University showed<br />
Board, <strong>of</strong>fering $300 million to end the stalemate<br />
that 51% <strong>of</strong> a 400-voter sampling favored increasing<br />
the number <strong>of</strong> slots at Indian reservation casi-<br />
created by the Board when it refused last year to<br />
license them because <strong>of</strong> alleged unsavory ties with<br />
nos, with 34% opposed. The survey also showed<br />
mob figures. The “them” is primarily seven members<br />
<strong>of</strong> the Donald Flynn family, who have invested<br />
that 56% <strong>of</strong> those asked were opposed to allowing<br />
slots beyond reservation borders, with only<br />
$39.5 million to date in the Emerald project, but<br />
37% supporting the idea. The Gnant bill would<br />
stand to receive some $115 million if they are allowed<br />
to sell the property to MGM Mirage or other<br />
allow tracks to operate up to 1,000 VLTs. Hundreds<br />
<strong>of</strong> people packed a Senate hearing room<br />
interested parties. Another 50 investors would<br />
Monday to hear the debate, and busloads<br />
share $150 million if the sale is approved. The<br />
<strong>of</strong> people showed up for both sides in the<br />
gaming board turned down an earlier MGM<br />
dispute.<br />
<strong>of</strong>fer <strong>of</strong> more than $600 million for the casino.
HARNESS TRACKS OF AMERICA<br />
Executive Newsletter<br />
A daily fax and e-mail report on racing and gaming developments in North <strong>America</strong> and beyond<br />
Stanley F. Bergstein, Editor<br />
AN UGLY CALIFORNIA LAWSUIT<br />
A California trainer has filed a lawsuit alleging<br />
serious charges against Capitol Racing, which operates<br />
year-round in Sacramento. The trainer,<br />
Rudy Sialana, suspended by Capitol Racing for a<br />
year, charges irregularities in testing for<br />
milkshakes, and claims that Capitol and the California<br />
<strong>Harness</strong> Horsemen’s Association have financial<br />
vested interests in some trainers’ horses.<br />
The suit has been filed in Sacramento County Superior<br />
Court, with Los Angeles lawyer Jay M.<br />
Coggan representing Sialana and his son Russ,<br />
who also trains at Cal Expo. The Sialanas claim<br />
that testing methods and penalties are influenced<br />
by the financial interest held in certain horses. Alan<br />
Horowitz, general manager <strong>of</strong> Capitol Racing and<br />
executive secretary <strong>of</strong> the horsemen’s association,<br />
denies that Capitol had any financial interest in<br />
horses racing at the track. He told the Sacramento<br />
Bee’s writer Debbie Arrington, “We will advance<br />
shipping costs to trainers who want to bring horses<br />
out, and we have made some loans to trainers who<br />
wanted to improve their stock. But we have no<br />
financial ties to the horses they chose or race.<br />
There’s no relationship between that and the racing<br />
program itself.” One problem is the limbo in<br />
which milkshaking is held in California. It is not<br />
specifically mentioned under banned substances,<br />
as it is in some other major jurisdictions, but it also<br />
is not on the list <strong>of</strong> allowed substances. Mike<br />
Marten, the racing board’s spokesman, told<br />
Arrington, “Our policy is that if it’s not specifically<br />
permitted, then it’s not allowed to be there.<br />
Nowhere (in state regulations) does it say anything<br />
about baking soda -- or several other substances.<br />
But the burden is on the horseman not to have it in<br />
the horse.” California does not test for high carbon<br />
dioxide, a byproduct <strong>of</strong> milkshaking, but Capitol<br />
Racing does, with a blood-gas analyzer.<br />
Coggan, Sialanas’ lawyer, contends the<br />
persons doing the testing are “immediately<br />
April 11, <strong>2002</strong><br />
taintedbecause they are connected financially to<br />
the parties they are regulating.” He says the<br />
Sialanas, father and son, want blood-gas testing<br />
eliminated entirely, or else administered by the<br />
state as part <strong>of</strong> its regulatory scheme. “If the state<br />
believes there’s a need to regulate soda, then they<br />
should take it on.”<br />
KILL IT? NAH, STUDY IT<br />
It’s a technique as old as legislatures themselves,<br />
<strong>of</strong> course, and the Rhode Island House pulled it<br />
out <strong>of</strong> mothballs again this week in the Case <strong>of</strong><br />
the Narragansetts. That tribe, backed by their<br />
Las Vegas friends, Boyd Gaming, wants to build a<br />
Vegas style casino in West Warwick. The town<br />
wants the legislature to put the matter on the ballot.<br />
Ah, but another Nevada presence, Harrah’s<br />
Entertainment, also is involved in Rhode Island,<br />
and according to the Providence Journal-Bulletin,<br />
their executives and lawyers and lobbyists<br />
“helped to pitch and sell” the idea <strong>of</strong> a study. The<br />
House Finance Chairman, Gordon D. Fox, welcomed<br />
the study, saying, “You rush to judgment,<br />
you <strong>of</strong>ten get burnt.” West Warwick’s representative,<br />
Timothy Williamson, countered, saying,<br />
“Let’s not do the same song and dance, year after<br />
year after year about casino gaming. We are either<br />
going to give it to them, like we did in 1994<br />
(when a casino referendum failed), or not.” Fox<br />
replied, “When the stakes are high, there’s mischief<br />
that goes on.” Williamson laughed loudly at<br />
that, and so do we. Mischief when the stakes are<br />
high? Surely you jest, Mr. Fox. But Fox prevailed,<br />
easily. On a vote <strong>of</strong> 77 to 12, the House ducked<br />
the issue and voted for a Special House Commission<br />
to Study Gaming, sort <strong>of</strong> like the federal one<br />
that wasted zillions <strong>of</strong> dollars and went nowhere a<br />
few years ago. This one, however, has served its<br />
purpose already. There will be no referendum next<br />
November. No legislative committee could possibly<br />
study anything in seven months.
HARNESS TRACKS OF AMERICA<br />
Executive Newsletter<br />
A daily fax and e-mail report on racing and gaming developments in North <strong>America</strong> and beyond<br />
Stanley F. Bergstein, Editor<br />
CLEVER, THESE KANSANS<br />
Slots for tracks is an issue in Kansas, as it is in<br />
most places with racing. The Woodlands is located<br />
in Kansas City, and it would like to have slots. So<br />
far, the legislature has not agreed. The governor,<br />
however, has agreed to support slots at tracks, and<br />
he has leaped into the battle in full armor after the<br />
Senate minority leader came up with a new approach<br />
to the issue. The senator, Anthony Hensley,<br />
a Topeka Democrat, has put forward an idea that<br />
avoids the difficult legislative problem <strong>of</strong> how to<br />
split the spoils. He proposed to the Senate Federal<br />
and State Affairs committee, and the committee<br />
agreed to introduce the measure, a plan<br />
whereby residents <strong>of</strong> any county with a track could<br />
petition for a vote on whether to create a commission<br />
to draft a plan to legalize slots in that county.<br />
Or county commissioners could order an election<br />
on their own. If voters agreed to create a commission,<br />
its seven members would be appointed by<br />
the governor.<br />
While Senators seem to like the idea, the House<br />
has been unyielding on the issue. Its Tourism committee<br />
was to meet earlier this week and send a<br />
new slots for tracks bill to the House floor for debate,<br />
but opponents refused to attend the session<br />
and without a quorum the panel was forced to adjourn.<br />
The Tourism committee had endorsed a<br />
slots bill, but the House rejected it. The chairwoman<br />
<strong>of</strong> the committee called the latest ploy “a<br />
boycott.”<br />
The governor, Bill Graves, likes the Hensley proposal.<br />
According to the Kansas City Star, he wants<br />
action on it, and he wants it quickly. The paper<br />
reported that a leading Republican backer <strong>of</strong> the<br />
slots for tracks bill told it that the governor had<br />
spoken to him and to the Republican<br />
Speaker <strong>of</strong> the House and told both <strong>of</strong><br />
them that he wanted some action on the proposal<br />
in 48 hours.<br />
April 12, <strong>2002</strong><br />
FRIENDS IN HIGH PLACES<br />
Michael Strauss is a former sports writer for the<br />
New York Times, who retired to Florida and -- unable<br />
or unwilling to sit around idle -- became the<br />
sports editor <strong>of</strong> the Palm Beach Daily News.<br />
Strauss covered harness racing for the Times during<br />
the heyday <strong>of</strong> the sport in New York, and when<br />
The Society <strong>of</strong> the Four Arts unveiled an exhibit<br />
<strong>of</strong> 33 Currier & Ives lithographs Strauss knew what<br />
to do. He joined forces with Lou Barasch, former<br />
public relations director at Roosevelt Raceway and<br />
a consultant for Yonkers Raceway, who is another<br />
Florida retiree, and swung into action. Barasch’s<br />
wife, Grace -- better known in the sport as Bunny<br />
-- volunteered to give a gallery talk, and the curator<br />
<strong>of</strong> the Four Arts program, Nancy Mato, enthusiastically<br />
agreed. Thirty-three Currier & Ives<br />
trotting prints were provided by the <strong>Harness</strong> Racing<br />
Museum in Goshen, NY, and Mrs. Barasch<br />
gave a presentation called The Story <strong>of</strong> <strong>Harness</strong><br />
Racing. Despite heavy rain, an overflow turned<br />
out, and the gallery was forced to add extra seating.<br />
To add to the success, the Daily News devoted<br />
the entire front page <strong>of</strong> its Arts section to a<br />
full color spread on the exhibition, headlined “The<br />
Charm <strong>of</strong> the Sporting Life,” with four large Currier<br />
& Ives prints displayed along with half a page<br />
<strong>of</strong> text. A wonderful job by all concerned, and a<br />
wonderful score.<br />
BIG BOOK SALE IN GOSHEN<br />
The <strong>Harness</strong> Racing Museum in Goshen, NY, is<br />
launching a used book sale that will enable the<br />
museum to rebind and repair the treasures <strong>of</strong> harness<br />
literature now in its library stacks. To finance<br />
that project, the museum is accepting used books<br />
on harness racing, which will be sold or -- if the<br />
museum doesn’t already have a copy -- will be<br />
added to its library. It’s a chance to get rid <strong>of</strong> old<br />
harness books, and help preserve our history<br />
at the same time. Call the Museum 845-<br />
294-6330 for details.
HARNESS TRACKS OF AMERICA<br />
Executive Newsletter<br />
A daily fax and e-mail report on racing and gaming developments in North <strong>America</strong> and beyond<br />
Stanley F. Bergstein, Editor<br />
AZ. SLOTS IMPACT QUESTIONED<br />
Arizona’s racetracks would have to operate 13,000<br />
to 25,000 slot machines to raise the millions <strong>of</strong><br />
dollars they say they can supply to the state’s budget,<br />
according to an analysis done for the state’s<br />
Dept. <strong>of</strong> Gaming. Senate President Randall Gnant<br />
has proposed legislation that would allow the tracks<br />
to operate up to 6,000 slots. Gnant estimated that<br />
the state would reap $200 million a year if the<br />
tracks operate slot machines and pay 30 percent<br />
<strong>of</strong> their proceeds to the state. But the racetrack<br />
slots permitted under Gnant’s bill, which is scheduled<br />
for a hearing today in the legislature, would<br />
raise only $123 million, according to an analysis<br />
done by the Howard Consulting Group <strong>of</strong> Reno.<br />
To raise $200 million, the racetracks would need<br />
13,000 slot machines, said Bill Eadington, an economics<br />
pr<strong>of</strong>essor at the University <strong>of</strong> Nevada Reno<br />
and a principal <strong>of</strong> the Howard Consulting Group.<br />
He said it takes more machines to raise a disproportionately<br />
smaller amount <strong>of</strong> money because the<br />
market becomes saturated as more machines are<br />
added. Eadington’s argument also took into account<br />
the likelihood that Arizona’s Indian tribes<br />
would reject the gaming compact contained in<br />
Gnant’s bill. Gnant is counting on the tribes to pay<br />
up 12 percent <strong>of</strong> the revenue from their slot machines<br />
to the state, for a total <strong>of</strong> $100 million a<br />
year. David LaSarte, executive director <strong>of</strong> the Arizona<br />
Indian Gaming Association, told the Associated<br />
Press that Gnant’s proposal is unacceptable<br />
to the tribes because it would ask voters to impose<br />
limits on tribal gaming without negotiations.<br />
If the tribes aren’t part <strong>of</strong> the plan, Eadington estimates<br />
the racetracks would need 25,000 slot machines<br />
to raise $300 million. Eadington was asked<br />
for an analysis <strong>of</strong> Gnant’s bill after he was hired<br />
by the Dept. <strong>of</strong> Gaming to analyze the compact<br />
Gov. Jane Hull reached with Arizona’s Indian<br />
gaming tribes.<br />
April 15, <strong>2002</strong><br />
HOOSIER OPENS WITH A CROWD<br />
The second largest opening night crowd for harness<br />
racing turned out to help kick <strong>of</strong>f the ninth<br />
season <strong>of</strong> harness racing at HTA member Hoosier<br />
Park last Saturday. With a total <strong>of</strong> 6,398 in attendance,<br />
the opening night crowd for the <strong>2002</strong> season<br />
ranks eighth on the all-time attendance list at<br />
the track for either standardbred or thoroughbred<br />
racing. The total also surpassed both signature<br />
events during the 2001 season, beating out the<br />
attendance for the Dan Patch Invitational during<br />
the harness meeting and the Indiana Derby during<br />
the thoroughbred meet. “I couldn’t be more<br />
pleased with the evening,” said Rick Moore, Hoosier<br />
Park’s president and general manager. “All<br />
<strong>of</strong> our employees made sure that everyone had a<br />
great evening. It’s nice to see our employees buy<br />
into what we are trying to do this year. We have<br />
challenged them to ‘raise the bar’ and everyone<br />
reacted. Everyone did his or her job. It is always<br />
a group effort. It’s never one person here at Hoosier<br />
Park.”<br />
APPLICATIONS AVAILABLE!!!<br />
Applications for <strong>Harness</strong> <strong>Tracks</strong> <strong>of</strong> <strong>America</strong> scholarships<br />
for the <strong>2002</strong>-2003 academic year are now<br />
available. This year, the scholarship fund will <strong>of</strong>fer<br />
six $7,500 scholarships to deserving students.<br />
Scholarships are awarded for one year and are<br />
based on academic merit, financial need and active<br />
harness racing involvement. For information<br />
on the HTA scholarship program or to download<br />
and print an application, visit<br />
www.harnesstracks.com and follow the link marked<br />
“Scholarships.” Information can also be obtained<br />
by calling the HTA <strong>of</strong>fices at 520-529-2525. The<br />
deadline for applications is June 15, <strong>2002</strong>. The<br />
HTA scholarship program, begun in 1973, has made<br />
121 grants to 91 worthy students since its inception,<br />
with scholarships totaling $280,000.
HARNESS TRACKS OF AMERICA<br />
Executive Newsletter<br />
A daily fax and e-mail report on racing and gaming developments in North <strong>America</strong> and beyond<br />
Stanley F. Bergstein, Editor<br />
UNITED TOTE’S FULLER TO RETIRE<br />
Don Fuller, president and chief executive <strong>of</strong>ficer<br />
<strong>of</strong> United Tote, announced his retirement effective<br />
August 1, <strong>2002</strong>, after 37 years in the parimutuel<br />
industry. Fuller began his totalisator career<br />
at Charles Town Race Course as data processing<br />
manager in 1965. After several years, he<br />
joined AmTote, where he rose to the position <strong>of</strong><br />
executive vice president <strong>of</strong> sales and service.<br />
Fuller left AmTote in 1994 and shortly thereafter<br />
joined United Tote as senior vice president. In<br />
1997 he was promoted to chief operating <strong>of</strong>ficer;<br />
Fuller added the title <strong>of</strong> president in 1999 and in<br />
2000 became the company’s president and CEO.<br />
“I want to thank my many friends and colleagues<br />
who have made my totalisator career very pleasant<br />
and enjoyable,” Fuller said in a statement released<br />
by United Tote. “I know that I will miss my<br />
friends and fellow employees as I wind down my<br />
career, but it is time to move on and enjoy my home<br />
with my wife Susie and my grandson Ridge. To<br />
my fellow employees and my many good friends in<br />
the industry, I wish the best. If I can ever be <strong>of</strong><br />
help, please call.” Succeeding Fuller will be Joe<br />
Tracy, who has been named managing director <strong>of</strong><br />
United Tote as <strong>of</strong> August 1, <strong>2002</strong>. Tracy has over<br />
20 years experience managing system installations,<br />
service and marketing programs in the gaming<br />
industry. Most recently, Tracy managed the<br />
Maryland Lottery account for Automated Wagering<br />
International, <strong>Inc</strong>., a wholly owned subsidiary<br />
<strong>of</strong> International Game Technology.<br />
NEW PRES. AT GEMSTAR-TV GUIDE<br />
Gemstar-TV Guide International, <strong>Inc</strong>., parent company<br />
<strong>of</strong> Television Games Network (TVG) on<br />
Monday named Fox Cable Networks group president<br />
and chief executive Jess Shell as its copresident<br />
and chief operating <strong>of</strong>ficer. The<br />
move comes as Gemstar tries to counter<br />
a wave <strong>of</strong> bad news that has cut its stock price<br />
in half. Shell’s appointment comes less than<br />
April 16, <strong>2002</strong><br />
a month after Peter Boylan resigned as Gemstar<br />
co-president and the company’s stock started its<br />
slide from the low $20s to less than $10. In the<br />
first quarter <strong>of</strong> 2000 the stock reached a peak price<br />
<strong>of</strong> over $90 per share.<br />
CHURCHILL NAMES AUDITOR<br />
Churchill Downs <strong>Inc</strong>orporated (CDI) has named<br />
Brian S. Johnson director <strong>of</strong> internal audit for the<br />
Louisville, Kentucky-based racing company.<br />
Johnson will report directly to CDI President and<br />
CEO Tom Meeker and to the audit committee <strong>of</strong><br />
the company’s board <strong>of</strong> directors. According to a<br />
CDI press release, in his newly created position,<br />
Johnson will analyze the effectiveness <strong>of</strong> various<br />
company-wide financial, operational and compliance<br />
practices, provide risk assessment, and identify<br />
issues and potential improvements related to<br />
these practices. Johnson is a CPA and previously<br />
served as an audit manager for Pricewaterhouse<br />
Coopers LLP, where he headed the audit team that<br />
regularly reviews financial reports for CDI and its<br />
racing facilities. “Churchill Downs <strong>Inc</strong>orporated<br />
has experienced exponential growth over the past<br />
decade, and as we work to integrate six racing<br />
properties and nine <strong>of</strong>f-track betting facilities under<br />
a common brand, it’s vital to continually examine<br />
our across-the-board business practices and<br />
look for ways to improve them,” said Meeker.<br />
“The creation <strong>of</strong> an internal audit position demonstrates<br />
our commitment to fiscally prudent management<br />
and delivering value to our shareholders.”<br />
MAGNA NETS $143 MILLION<br />
Magna Entertainment Corp. (MIEC), parent company<br />
<strong>of</strong> HTA member The Meadows, estimates<br />
the proceeds from its recently completed public<br />
<strong>of</strong>fering <strong>of</strong> 20 million Class A voting shares<br />
<strong>of</strong> stock at $143 million.
HARNESS TRACKS OF AMERICA<br />
Executive Newsletter<br />
A daily fax and e-mail report on racing and gaming developments in North <strong>America</strong> and beyond<br />
Stanley F. Bergstein, Editor<br />
REQUEST OF IMPORTANCE<br />
H.R. 3215, the Combating Illegal Gambling Reform<br />
and Modernization Act -- better known as<br />
the Goodlatte bill -- is now on the House Judiciary<br />
Committee calendar for markup, and could be<br />
called this week or more likely next. The bill<br />
amends the Wire Act, section 1084 <strong>of</strong> the criminal<br />
code, to clarify prohibitions that apply to all forms<br />
<strong>of</strong> wagering on the Internet and other interactive<br />
technologies, and contains an exemption for parimutuel<br />
racing and wagering activities allowed under<br />
the Interstate Horseracing Act. That exemption<br />
has been carefully crafted to permit racing to<br />
continue activities it has <strong>of</strong>fered for many years,<br />
including the Internet to be used to disseminate<br />
information about racing and wagering and to continue<br />
interstate simulcasting and account wagering<br />
between states that permit such activities. The<br />
bill does not expand this wagering or override any<br />
state requirements or prohibitions on this already<br />
existing activity.<br />
April 17, <strong>2002</strong><br />
Members <strong>of</strong> the House Judiciary Committee and<br />
their districts from states in which HTA tracks are<br />
located:<br />
FLORIDA -- Ric Keller (R), 8th, Robert I. Wexler<br />
(D), 19th.<br />
ILLINOIS -- Henry Hyde (R), 6th<br />
INDIANA -- John N. Hostettler (R), 8th, Mike<br />
Pence (R), 2d<br />
MASSACHUSETTS -- William Delahunt (D) 10th,<br />
Barney Frank (D) 4th, Marty Meehan (D) 5th<br />
MICHIGAN -- John Conyers Jr. (D) 14th<br />
NEW YORK --Jerrold Nadler (D) 8th, Anthony<br />
David Weiner (D), 9th<br />
OHIO -- Steve Chabot (R) 1st<br />
It is vitally important that our tracks do whatever<br />
they can to ensure that those horse racing exemptions,<br />
covered in Section 1084(f) <strong>of</strong> the Goodlatte<br />
bill, are preserved in the House Judiciary Committee.<br />
HTA believes this bill will ensure the continued<br />
integrity <strong>of</strong> racing and allow the racing industry<br />
and the $34 billion agri-business it supports<br />
to remain viable and competitive. Because <strong>of</strong> the<br />
time element, we are asking you to fax your representatives<br />
on the House Judicary Committee to<br />
support the pari-mutuel wagering provisions in the<br />
Goodlatte bill, and in that hope we are enclosing<br />
members <strong>of</strong> the Committee from states with HTA<br />
tracks. We also are faxing you a suggested letter<br />
and rationale provided by the <strong>America</strong>n Horse<br />
Council, and you are free to use this material in<br />
your appeal for support from your representatives<br />
on the House committee. That<br />
material will be on your fax machines tomorrow.<br />
PENNSYLVANIA - George W. Gekas (R) 17th,<br />
Melissa A. Hart (R) 4th<br />
SCORE TWO FOR AZ GOVERNOR<br />
Arizona’s horse and dog tracks did not fare well in<br />
the early rounds <strong>of</strong> their battle with Gov. Jane Hull<br />
on their quest for slots. The Senate Government<br />
Committee killed, by a 3-2 vote, an attempt to raise<br />
$200 million a year for the state budget by giving<br />
6,000 slots to the tracks, and lost again, on a 4-1<br />
vote in favor <strong>of</strong> a slightly revised version <strong>of</strong> the<br />
governor’s agreement with 17 Indian tribes to expand<br />
gambling at tribal casinos while prohibiting<br />
slots at the track. The governor’s policy adviser<br />
for Indian gaming, Mike Bielecki, allowed that the<br />
battle is far from over. “If this was the last hearing,<br />
instead <strong>of</strong> the first, I’d feel a lot better,”<br />
Bielecki said.
HARNESS TRACKS OF AMERICA<br />
Executive Newsletter<br />
A daily fax and e-mail report on racing and gaming developments in North <strong>America</strong> and beyond<br />
Stanley F. Bergstein, Editor<br />
DOWN AND DIRTY IN ARIZONA<br />
The bitter battle reported here yesterday and previously<br />
between Jane Hull, the governor <strong>of</strong> Arizona,<br />
and the president <strong>of</strong> the state Senate, Randall<br />
Gnant, over awarding slots to the state’s thoroughbred<br />
and greyhound tracks took another surprising,<br />
and perhaps alarming, turn yesterday afternoon.<br />
The governor has opposed giving the tracks<br />
slots, saying she preferred to keep them where<br />
they currently are, on land <strong>of</strong> 17 Indian tribes in<br />
the state. Gnant sponsored a bill that would have<br />
continued Indian gaming but also would have put<br />
casino style games at the state’s racetracks. That<br />
bill was killed Tuesday by the Senate Government<br />
Committee.<br />
Rather than accept that defeat, Gnant -- who pr<strong>of</strong>esses<br />
to oppose political maneuvers to hamstring<br />
legislation -- used a rarely used procedural move<br />
to kill the governor’s bill late yesterday by having<br />
the Senate Rules Committee announce that the<br />
bill did meet constitutional standards. The ominous<br />
part <strong>of</strong> the move was that the Senate’s rules<br />
attorney and the state attorney general both told<br />
the committee that it did. Gnant cast the decisive<br />
vote for the measure, creating a 4-4 tie which in<br />
Arizona is tantamount to a defeat. Democrats were<br />
enraged, and one <strong>of</strong> them, Herb Guenther -- the<br />
sponsor <strong>of</strong> the governor’s bill -- quickly rounded<br />
up 18 signatures on a discharge petition to force a<br />
vote by the full Senate. He also said, “It demonstrates<br />
a part-time morality. We violated one <strong>of</strong><br />
our own internal policies. When that happens, I<br />
lose faith.” The Arizona Republic reported that<br />
Gnant was deluged with angry calls and e-mails,<br />
and in a remarkably insensitive and racially tinged<br />
remark he told the newspaper, “I’ve been called<br />
everything but a white man.” He also said, “This<br />
is a message to the governor that the Senate<br />
runs the Senate, not the governor.” Or<br />
perhaps Randall Gnant.<br />
April 18, <strong>2002</strong><br />
MORE TROUBLE FOR PRAIRIE<br />
The troubles for Prairie Meadows Racetrack and<br />
Casino, which seemed over with the drafting <strong>of</strong> a<br />
five-year, $100 million agreement with Polk county<br />
three weeks ago, fell apart Tuesday when the Polk<br />
county Board <strong>of</strong> Supervisors voted not to ratify<br />
the deal. The county has been concerned about<br />
getting enough from the lease to pay for a new,<br />
$200 million Iowa Events Center in Des Moines,<br />
and the county supervisors decided the $20 million<br />
a year might not be adequate to cover payments<br />
on the Events Center and other projects in<br />
downtown Des Moines if track and casino pr<strong>of</strong>its<br />
lag. The agreement calls for $1 million a month in<br />
rent, plus a quarterly share <strong>of</strong> net pr<strong>of</strong>its that would<br />
total $8 million a year. Track <strong>of</strong>ficials could opt to<br />
pay less than that if business expenses exceeded<br />
gaming revenues. The supervisors say they will<br />
meet with RACI in two weeks, but the association<br />
says arbitration may be the next step.<br />
ACCORD IN NEW JERSEY<br />
The New Jersey Sports and Exposition Authority<br />
and New Jersey horsemen’s groups have reached<br />
accord on resolution <strong>of</strong> date differences for <strong>2002</strong>,<br />
and will announce the settlement Friday afteroon<br />
at 1:30 at a press conference at Monmouth Park<br />
in which Governor James E. McGreevey, NJSEA<br />
president/CEO George Z<strong>of</strong>finger, New Jersey thoroughbred<br />
attorney Dennis Drazin and harness<br />
counsel Joel Sterns will speak.<br />
YOUBET AUDITOR PESSIMISTIC<br />
Youbet.com’s auditor, BDO Seidman, says it has<br />
substantial doubt about the company’s ability to<br />
continue as a growing concern. In Youbet.com’s<br />
annual report filed this week with the SEC, BDO<br />
cited recurring Youbet operating losses and a need<br />
to raise additonal funds as causes for its concerns.<br />
Youbet says it is confident it can improve cash<br />
flow.
HARNESS TRACKS OF AMERICA<br />
Executive Newsletter<br />
A daily fax and e-mail report on racing and gaming developments in North <strong>America</strong> and beyond<br />
Magna Entertainment’s CEO Jim McAlpine told<br />
shareholders at an annual meeting at Santa Anita<br />
yesterday that Magna will be looking to acquire 3<br />
to 5 more tracks in the next 12 to 24 months, and<br />
will increase its <strong>of</strong>f-track betting operations from<br />
its present 26 to as many as 75 in the next year<br />
and expand telephone and Internet wagering. Boss<br />
Frank Stronach said his company “is in the process<br />
<strong>of</strong> building the largest lottery corporation in<br />
the world,” and that it will be actively developing<br />
land around its racing operations<br />
into entertainment and retail venues.<br />
In New Mexico, two major figures are bat-<br />
Stanley F. Bergstein, Editor April 19, <strong>2002</strong><br />
ACCORD OPENS DOORS IN NJ tling for the right to build a fifth race track in that<br />
A major obstacle blocking telephone account wagering<br />
and <strong>of</strong>f-track betting in New Jersey appears owner <strong>of</strong> Hollywood Park in California and The<br />
sparsely populated state. R.D. Hubbard, former<br />
to be cleared, with Gov. James E. McGreevey Woodlands in Kansas City, and present owner <strong>of</strong><br />
scheduled to make the announcement this afternoon<br />
at Monmouth Park that thoroughbred and Shawn Scott, former brief owner <strong>of</strong> Delta Downs,<br />
Ruidoso Downs, is one <strong>of</strong> them. The other is<br />
harness horsemen have agreed to a plan that will which he bought in 1999 for $10 million and sold in<br />
provide thoroughbreds with 141 days <strong>of</strong> racing this 2001 for a reported $110 million, and current suitor<br />
year, which is what they sought. The agreement for Vernon Downs in New York. A Scott consultant,<br />
Toney Anaya, yesterday suggested that the<br />
carries a price for the runners, however, in the form<br />
<strong>of</strong> lower daily purses, and the issue <strong>of</strong> thoroughbred-harness<br />
split <strong>of</strong> revenues from simulcasting ability” <strong>of</strong> Hubbard as an applicant for a New<br />
New Mexico commission should look into the “suit-<br />
and OTB operations remains unresolved. George Mexico license because the Indiana Gaming Commission<br />
is investigating activities <strong>of</strong> Pinnacle En-<br />
R. Z<strong>of</strong>finger, president and CEO <strong>of</strong> the New Jersey<br />
and Exposition Authority, says that issue will tertainment, a gaming company in which Hubbard<br />
be worked out in the next 90 days, and he also is a major stockholder. Ironically, Scott currently<br />
announced the extra 21 days <strong>of</strong> thoroughbred racing<br />
will be conducted at the Meadowlands. Wagering Board as to his suitability as the poten-<br />
is being investigated by the New York Racing and<br />
Z<strong>of</strong>finger thinks that the agreement could enable tial purchaser <strong>of</strong> Vernon Downs.<br />
telephone account wagering to become a reality<br />
by the end <strong>of</strong> this year, four years after it was approved<br />
in a statewide referendum. Off-track betting,<br />
signed into law last August, is not likely in<br />
<strong>2002</strong>, but could be operational next year.<br />
A FEEDING FRENZY IN RACING<br />
Everyone, it seems, wants a racetrack. Or many<br />
racetracks.<br />
In North Dakota, the state racing commission increased<br />
its investment in a proposed track in<br />
Fargo from $1 million to $2.5 million, the money<br />
to be used to lengthen the track by 110 yards and<br />
to cover higher than anticipated construction costs.<br />
Despite the increased supplement for Fargo, which<br />
outbid the Mandan Park Board for the license last<br />
summer, the new track still will have portable toilets,<br />
gravel parking lots and bleachers instead <strong>of</strong><br />
a grandstand, according to the Bismarck Tribune.<br />
Two and a half million barely gets you a seat these<br />
days.<br />
In British Columbia, Woodbine Entertainment is<br />
inching closer to completing its deal to take over<br />
the Pacific Racing Association, operators <strong>of</strong><br />
Hastings Park Racecourse. The Daily Racing<br />
Form’s Randy Goulding’s lead on today’s story<br />
about the acquisition says, “It’s a done deal. Well,<br />
almost a done deal.” Hastings’ GM Phil Heard<br />
says, “I’m still optimistic, but I’ve been that<br />
way all along.”
HARNESS TRACKS OF AMERICA<br />
Executive Newsletter<br />
A daily fax and e-mail report on racing and gaming developments in North <strong>America</strong> and beyond<br />
Stanley F. Bergstein, Editor<br />
PHONE BETS BY FALL IN NJ<br />
That’s the hope <strong>of</strong> Bruce Garland, senior VP /racing<br />
<strong>of</strong> the New Jersey Sports and Exposition Authority,<br />
following last week’s resolution <strong>of</strong> date and<br />
purse disputes in the Garden State. Telephone<br />
account wagering will be run by the Authority, and<br />
Garland says the goal is to be up and running for<br />
the Breeders’ Cup Oct. 26, or earlier if possible.<br />
Off-track betting, whose future also was cleared<br />
by the settlement, will take a bit longer, with the<br />
first <strong>of</strong> a possible 15 parlors not likely to open before<br />
late in 2003. Garland said that projections<br />
for the future when all the parlors are in place --<br />
perhaps as long as five to seven years down the<br />
road -- estimate total revenue for the sports authority<br />
as high as $10 million a year, <strong>of</strong>fsetting ontrack<br />
attendance declines expected in the wake <strong>of</strong><br />
the introduction <strong>of</strong> phone and OTB betting.<br />
Extremely encouraging in the formal announcements<br />
<strong>of</strong> the settlement last week at Monmouth<br />
Park were words from New Jersey governor James<br />
E. McGreevey and Sports Authority president<br />
George Z<strong>of</strong>finger. McGreevey said, “We need to<br />
understand that racing not only has quality <strong>of</strong> life<br />
values, but is indeed an economic engine for the<br />
state <strong>of</strong> New Jersey. I, as governor, am strongly<br />
and irrevocably committed to making racing work<br />
and work well in the state <strong>of</strong> New Jersey.”<br />
McGreevey also called Monmouth Park “one <strong>of</strong><br />
this state’s precious resources.” His remarks<br />
would seem to dispel earlier concerns about privatizing<br />
<strong>of</strong> Monmouth and the Meadowlands, the<br />
nation’s largest harness track. Z<strong>of</strong>finger, who made<br />
the settlement <strong>of</strong> the thoroughbred-harness impasse<br />
a priority <strong>of</strong> his new administration and<br />
played a major role in it, was equally positive in<br />
his remarks at the press conference, noting that<br />
the agreement protects harness racing,<br />
which he called the “core business” <strong>of</strong> the<br />
Authority.<br />
April 22, <strong>2002</strong><br />
Under the 3-year agreement, thoroughbreds will<br />
race 141 programs each year, split between<br />
Monmouth and the Meadowlands, but the 2003<br />
Meadowlands’running meet will end Nov. 8, enabling<br />
the track to host Breeders Crown events.<br />
ANOTHER WIN FOR USTA<br />
After more than eight years <strong>of</strong> litigation and one<br />
appeals court victory after another, the United<br />
States Trotting Association has prevailed again in<br />
its defense <strong>of</strong> banning bent shaft sulkies. In what<br />
could be the final round <strong>of</strong> court action, a Franklin<br />
county, Ohio, common pleas judge has granted the<br />
USTA’s motion for summary judgment in Nassau<br />
Turf Equipment vs. USTA, saying “it is clear that<br />
Nassau is unable to maintain a claim for tortious<br />
interference against defendant as defendant’s conduct<br />
was privileged.”<br />
IN OTHER DEVELOPMENTS<br />
The provincial government <strong>of</strong> Quebec has agreed<br />
to another six-month, $11.8 million aid package to<br />
supplement purses at QUEBEC’S FOUR<br />
TRACKS between April 1 and September<br />
30.....Chicago harness racing’s DAVE MAGEE<br />
became the fifth North <strong>America</strong>n driver to win<br />
9,000 races, joining Herve Filion, Walter Case Jr.,<br />
Catello Manzi and Mike Lachance in that charmed<br />
circle......JOHN WALZAK, a faculty member at<br />
the University <strong>of</strong> Arizona’s Race track Industry<br />
Program for the last seven years and associate<br />
coordinator <strong>of</strong> the program, is leaving and returning<br />
to Ontario, where he will become Chief Operating<br />
Officer <strong>of</strong> the Ontario <strong>Harness</strong> Horseman’s<br />
Association. He is scheduled to take over his new<br />
post in June and HTA, which has worked closely<br />
and rewardingly with John over the years, wishes<br />
him and his wife Susan all the best.....Fueled by<br />
racing and gaming revenue increases <strong>of</strong> $4.5 million,<br />
NORTHLAND PARK’S total revenues<br />
for 2001 were up $6.8 million and earnings<br />
increased $1.8 million.
HARNESS TRACKS OF AMERICA<br />
Executive Newsletter<br />
A daily fax and e-mail report on racing and gaming developments in North <strong>America</strong> and beyond<br />
Stanley F. Bergstein, Editor<br />
RACING BIZARRE? NAH, WEIRD<br />
When a routine report on little Mount Pleasant<br />
Meadows in Michigan showed a monstrous per<br />
capita last year, racing commission <strong>of</strong>ficials were<br />
curious. What they found after investigation<br />
makes a wildly weird tale. After the former GM<br />
was unable to make a payment to the horsemen’s<br />
fund, auditors found a slight discrepancy in the<br />
track’s funds: $545,000 was missing. It turns out<br />
that the GM had allowed a friend who owned a bar<br />
in Mount Pleasant to bet on credit, and then joined<br />
him in the fun. If you want to find the former GM<br />
these days, check the state pen, where he is vacationing<br />
after being found guilty <strong>of</strong> two felonies<br />
and a misdemeanor involving violation <strong>of</strong><br />
Michigan’s rules <strong>of</strong> pari-mutuel betting. But if you<br />
need a loan, stop in the local bar and see the owner,<br />
John Hunter. Mount Pleasant Meadows decided<br />
it wanted to get its half million back, so it filed a<br />
civil action against Hunter. He acknowledged that<br />
he owed the track $240,000 for bets he made but<br />
didn’t pay for four years ago, and has repaid about<br />
half <strong>of</strong> that since that time. The former GM, Jon<br />
Leuth, reached an out-<strong>of</strong>-court settlement. Then<br />
a court ruled the track couldn’t collect from Hunter,<br />
because he had made an illegal bet, and the judge<br />
dismissed the charges against him. So Hunter sued<br />
the track, saying it had violated the RICO act by<br />
trying to recoup money from his bets. He got a<br />
jury trial, and the jury found Mount Pleasant<br />
Downs was guilty <strong>of</strong> trying to collect on an illegal<br />
wager. It awarded Hunter $100,000. Mount Pleasant<br />
Downs is appealing. Its attorney, John Lynch,<br />
says it absolutely has to, since under the Racketeering<br />
Influence and Corrupt Organization Act<br />
the track could be ordered to pay triple damages.<br />
“You can’t let a $300,000 judgment go for a person<br />
who testified he took the money,” Lynch says.<br />
Hunter also may not have to pay the<br />
$125,000 he still owes. Weird world,<br />
racing. Think I’ll buy a bar.<br />
April 23, <strong>2002</strong><br />
HONEY, I SHRUNK THE PAYBACK<br />
Strange things happen in legislatures, and Maryland<br />
is no exception. A few months ago it was announced<br />
that $4.5 million that had been set aside<br />
for Maryland Jockey Club improvements that<br />
were never made would be returned to the tracks<br />
for supplementing purses, since the money really<br />
was theirs as a result <strong>of</strong> increased takeout.<br />
Somehow, somewhere, someone misread the law,<br />
or misinterpreted it, or missed a few decimal<br />
points. The tracks, it turns out, will get $3 million,<br />
not $4.5 million, split 70% to thoroughbreds and<br />
30% to harness racing. Sorry about that.<br />
INDY DOWNS ON SCHEDULE<br />
Actually ahead <strong>of</strong> it, general manager Gil Short<br />
tells TIMES:in harness. Short says a mild winter<br />
and good dirt have helped immensely, and the first<br />
section <strong>of</strong> the ro<strong>of</strong> is on the stands and the structure<br />
should be enclosed in the next month or so.<br />
Enclosure is crucial, since the track’s scheduled<br />
opening is December 6. Short told the magazine<br />
Indianapolis Downs plans to be good neighbors<br />
with Indiana’s existing track, Hoosier Park. He<br />
says horsemen will reap the benefit <strong>of</strong> an expanded<br />
racing season, and he thinks both tracks will benefit<br />
as well. “I respect Hoosier Park’s initial reluctance<br />
to our going forward,” Short told TIMES.<br />
“If I had been in their position, I’d have felt the<br />
same way. But now, we’ll have to work together<br />
for the betterment <strong>of</strong> the industry in Indiana. And<br />
I think we will succeed.”<br />
CRUNCH TIME IN OHIO<br />
The Ohio legislature has two months left in which<br />
to decide what to do about the state’s huge financial<br />
shortfall. The president <strong>of</strong> the state senate<br />
says slots at tracks have re-entered the budget<br />
discussion, but still face a veto from Gov. Bob<br />
Taft. A 50-cent a pack tax increase on cigarettes<br />
also is in the works.
HARNESS TRACKS OF AMERICA<br />
Executive Newsletter<br />
A daily fax and e-mail report on racing and gaming developments in North <strong>America</strong> and beyond<br />
Stanley F. Bergstein, Editor April 24, <strong>2002</strong><br />
PURSES UP, UP AT WOODBINE<br />
Woodbine Entertainment and the Ontario <strong>Harness</strong><br />
Horse Association have announced a 3% increase<br />
in purses, effective the first week <strong>of</strong> May. If any<br />
questions remain as to what slots can do for purses,<br />
consider this: the latest purse increase means that<br />
purses have risen 100% in the last five years at<br />
Woodbine Entertainment’s Woodbine and Mohawk<br />
operations. The new boost takes the average<br />
purse per race at the two tracks to $22,500, and<br />
before the year is over WEG will have paid overnight<br />
purses totaling $62.5 million. Jamie Martin,<br />
vice president <strong>of</strong> Standardbred racing, says the<br />
latest increase “reflects continued strong support<br />
for our racing product, and an increase in operating<br />
hours on the slot floors <strong>of</strong> Woodbine and<br />
Mohawk racetracks.”<br />
H.R.3215 ON HOLD, IGN SAYS<br />
House bill 3215, better known as the Goodlatte<br />
bill, will be considered sometime during the next<br />
week or two, according to Interactive Gaming<br />
News. That was reported here on April 17, but<br />
the newsletter says the measure updating the 1961<br />
Wire Act to include Internet gaming will be part <strong>of</strong><br />
a “rolling mark-up, which means there won’t be<br />
an exact schedule by which the committee will look<br />
at each bill slated to be marked up.”<br />
HOLD ON TO THAT TOTE BOARD<br />
Hard core horse players are not ready for high<br />
technology, it seems. Pimlico in Maryland, which<br />
has torn down a third <strong>of</strong> its tote board and replaced<br />
it with a 26 x 32-foot video screen called a<br />
Lumitron, has been ordered by the Maryland Racing<br />
Commission to halt demolition <strong>of</strong> the traditional<br />
board after “a steady stream <strong>of</strong> complaints” from<br />
patrons. COO Lou Raffetto told the Washington<br />
Post that Pimlico will consider rebuilding the<br />
tote board, and move the Lumitron to Laurel<br />
to supplement that track’s existing tote<br />
board.<br />
PLEASE TELL ME IT WASN’T ME<br />
Kris Johns is vice president <strong>of</strong> marketing at Hoosier<br />
Park, HTA’s member track in Indiana. Since<br />
April 13 her telephone has been buzzing with calls<br />
from ladies in Muncie, Indiana, hoping she can talk<br />
them out <strong>of</strong> suicide. Well, perhaps not quite that<br />
serious, but after it was announced that a lady from<br />
Muncie had been mailed a mutuel ticket worth<br />
$1.75 million and did not redeem it, the ladies <strong>of</strong><br />
Muncie who had received tickets in the National<br />
Thoroughbred Racing Association promotion because<br />
they were on Hoosier’s mailing list <strong>of</strong> 60,000<br />
names, just had to know if it was them. Kris told<br />
them all she didn’t know who the winner was, and<br />
NTRA wasn’t saying, so it’s now on to August,<br />
when the booty goes up to $2 million. This has<br />
been going on since August <strong>of</strong> 2000, with no one<br />
redeeming a winning ticket, and each subsequent<br />
failure raising the pot by $250,000. It’s a great<br />
promotion. You can be sure all those ladies from<br />
Muncie will be at Hoosier August 3, the next drawing.<br />
The April 13 drawing fell on opening night <strong>of</strong><br />
Hoosier’s harness meeting and produced the<br />
track’s second largest handle for harness, which<br />
will still be racing Aug. 3. Thanks, NTRA. Good<br />
work!<br />
HOLLYPARK SETTLES WITH TOC<br />
Hollywood Park, which opens today, won a photo<br />
finish with the Thoroughbred Owners <strong>of</strong> California<br />
yesterday, reaching accord on horsemen’s<br />
shares <strong>of</strong> revenue from telephone account and<br />
Internet wagering. Horsemen will receive 5.3%<br />
<strong>of</strong> bets placed by California residents on<br />
Hollywood’s races, 4.5% from bets by Californians<br />
on out-<strong>of</strong>-state races, and 1.8% on bets placed out<br />
<strong>of</strong> California on California races.<br />
CONGRESS ON HTA WEB<br />
All presentations from the <strong>Harness</strong> Racing<br />
Congress now are on HTA’s Web site,<br />
www.harnesstracks.com.
HARNESS TRACKS OF AMERICA<br />
Executive Newsletter<br />
A daily fax and e-mail report on racing and gaming developments in North <strong>America</strong> and beyond<br />
Stanley F. Bergstein, Editor April 25, <strong>2002</strong><br />
CHICAGO TRACKS MUST WAIT BIG M REVISES FALL DATES<br />
Chicago’s horseracing -- harness and thoroughbred<br />
-- is champing at the bit for huge dollar inpute<br />
in New Jersey, the Meadowlands has made<br />
With the settlement <strong>of</strong> the thoroughbred dates discreases<br />
from their share <strong>of</strong> the proposed Emerald slight revisions in its fall harness racing schedule.<br />
Casino in Rosemont, but it appears as if they’ll The runners now will race from Labor Day, Sept.<br />
have to cool out and wait a little longer. The Illinois<br />
Gaming Board has again rejected a buyout harness will resume on Nov. 29 and race 17 pro-<br />
2 until Nov. 23. Following a Thanksgiving break,<br />
<strong>of</strong>fer for the proposed Emerald Casino in the Chicago<br />
suburb <strong>of</strong> Rosemont. Earlier this year MGM The Fall Final Four, season-ending championship<br />
grams through Dec. 28, with Christmas Day dark.<br />
Mirage <strong>of</strong>fered to pay $615 million for the license, races for 2-year-olds <strong>of</strong> both gaits inherited from<br />
but the board said no dice. More recently, the Garden State Park, will be raced Dec. 7, with elimination<br />
races for trotting colts and fillies on Nov.<br />
owners <strong>of</strong> Emerald said they would pay $350 million<br />
to the state if they could sell the license, and 29 and for pacing colts and fillies on Nov. 30. The<br />
the board now has vetoed that idea. All <strong>of</strong> this has races last year carried purses ranging from<br />
infuriated Donald Stephens, the mayor <strong>of</strong> $340,000 to $500,000.<br />
Rosemont, who told the Chicago Tribune, “This<br />
is getting to the point <strong>of</strong> asininity.” Stephens wants HEAVY HITTERS (IN MAINE?)<br />
to debate the board, but it is not in the mood for<br />
Or somewhere. The vagaries and potential impact<br />
<strong>of</strong> transcontinental (or international) simul-<br />
debates. It seemingly does not want the casino in<br />
Rosemont, and although it has not said why, the<br />
casting were felt yesterday from Maine to California,<br />
when last minute bets totaling $118,000<br />
Tribune noted that last year, when it denied Emerald<br />
its license, critics argued Rosemont should<br />
from a United Tote hub in Lewiston, Maine,<br />
be rejected as a location “because <strong>of</strong> business relationships<br />
Stephens has had with alleged associ-<br />
streamed into Hollywood Park at post time and<br />
drove down a maiden filly’s price from 9-2 on the<br />
ates <strong>of</strong> organized crime.” The paper said he is a<br />
post time flash to 2-5 at the finish <strong>of</strong> the race. Instead<br />
<strong>of</strong> the $11 that winning bettors on<br />
former business partner <strong>of</strong> Nick S. Boscarino, who<br />
was indicted in January in a scam involving<br />
Hollywood’s opening day expected to get on the<br />
Rosemont village insurance, and said Stephens<br />
filly with the appropriate name <strong>of</strong> Global Finance,<br />
also wrote to a federal judge pleading for a lenient<br />
they wound up receiving $2.80. It turns out that<br />
sentence for his longtime friend Anthony Daddino,<br />
23 bets <strong>of</strong> $5,000 and one <strong>of</strong> $3,000 were bet from<br />
convicted in a mob shakedown scheme. When<br />
Lewiston just before post on the filly, who had run<br />
Daddino was released, Stephens gave him a job in<br />
only once before, finishing seventh in a 10-horse<br />
Rosemont as a building inspector, according to the<br />
field at Santa Anita March 27. There was only<br />
Tribune. Board members have denied that<br />
$11,461 bet on her to win at Hollywood. The<br />
Rosemont was the reason for the license denial,<br />
Lewiston bets produced a pr<strong>of</strong>it <strong>of</strong> $47,200 for<br />
and chairman Gregory Jones said “Geographically,<br />
it’s a terrific location for our casino, given<br />
someone, somewhere.<br />
its accessibility to O’Hare airport.” Another board<br />
A similar case last winter at Gulfstream created<br />
member, Joseph Lamendella, who cast the<br />
wide consternation, and Hollywood carries a note<br />
board’s only vote in favor <strong>of</strong> the casino,<br />
in its program explaining out-<strong>of</strong>-state last<br />
said “It’s not a bastion <strong>of</strong> organized<br />
minute betting flashes.<br />
crime....it’s a model <strong>of</strong> municipal magnificence.”
HARNESS TRACKS OF AMERICA<br />
Executive Newsletter<br />
A daily fax and e-mail report on racing and gaming developments in North <strong>America</strong> and beyond<br />
Stanley F. Bergstein, Editor April 26, <strong>2002</strong><br />
NON-SURPRISE OF THE DAY IMPORTANT BILL INTRODUCED<br />
Those who like to plunge on absolute 1-to-10 sure A major stumbling block to international merged<br />
things had another winner this week, when Magna<br />
Entertainment announced that it plans to re-<br />
introduced on April 17 is passed. Introduced by<br />
pools and simulcasting could be removed if a bill<br />
negotiate with the Thoroughbred Owners <strong>of</strong> California<br />
after that organization gave Hollywood Park 4474) would stipulate that residents <strong>of</strong> foreign<br />
Congressman Jim McCrery (R-LA), the bill (H.R.<br />
and TVG a better deal on share <strong>of</strong> account wagering<br />
revenues than it had given Santa Anita in Janu-<br />
merged with U.S. tracks and not be subject to the<br />
countries could bet on U.S. races through pools<br />
ary. Thoroughbred Times reported that Magna current U.S. 30% alien withholding tax after Sept.<br />
VP and general counsel Ed Hannah said the company<br />
“would be back at the negotiating table” when although some countries have treaties with the<br />
30, <strong>2002</strong>. The <strong>America</strong>n Horse Council notes that<br />
its current contract expires. The discrepancies that U.S. that suggest that gambling winnings are not<br />
raised Magna’s hackles were horsemen’s share subject to this 30% withholding requirement, U.S.<br />
<strong>of</strong> 5.3% on bets by Californians on California races track shave been concerned that they might be<br />
through TVG accounts as opposed to 5.88% for liable for this 30% withholding if they did not take<br />
Magna’s XpressBet; 4.5% on Californian’s bets it out <strong>of</strong> payments to foreigners because the treaties<br />
are unclear or could be changed. This con-<br />
on out-<strong>of</strong>-state races as opposed to 5.19% for<br />
Magna’s service; and 1.8% on bets through TVG cern over liability has effectively prevented the<br />
by out-<strong>of</strong>-state residents as opposed to between racing industry from merged wagering pools internationally,<br />
except for a few countries. Several ex-<br />
2.9% and 5.64%, for a blended rate <strong>of</strong> between<br />
4.5% and 5% through Magna. Both the Magna ceptions to the 30% alien withholding requirement<br />
XpressBet and Hollywood TVG agreements were already are on the books, and the McCreary bill<br />
hammered out in the heat <strong>of</strong> last minute deadlines would add exemption from foreign betting to them.<br />
before the two services began operations at Santa H.R. 4474 has been referred to the House Ways<br />
Anita and Hollywood Park, respectively. The California<br />
racing board’s pari-mutuel committee will<br />
and Means Committee.<br />
discuss the contracts and market access fees at a<br />
meeting June 5.<br />
CAL SETS HOUSING RULES<br />
In another California development, the state’s racing<br />
board has established minimum standards for<br />
employee housing and stable area sanitation facilities.<br />
The standards, which are temporary until<br />
the board develops and approves permanent rules,<br />
require “habitable” rooms, with adequate light and<br />
ventilation, and separate toilet, bath and shower<br />
rooms for men and women. They also cover<br />
health and safety measures including pest<br />
control, garbage collection, and smoke<br />
detectors.<br />
APRIL REPORT NOW ONLINE<br />
HTA’s April report to directors, containing the text<br />
<strong>of</strong> 13 presentations from the <strong>Harness</strong> Racing Congress<br />
in PDF format in one easy-to-print document,<br />
is posted online today. It can be accessed at<br />
www.harnesstracks.com/docdatabse/htamembers/<br />
456.pdf. Individual presentations from the Congress<br />
remain available on the HTA Web site at<br />
www.harnesstracks.com.<br />
The new HTA World Racing Directory goes to the<br />
printer next week. If your track has made any<br />
recent changes that may not have been transmitted<br />
to us, please do so now if you would like<br />
them included in the new book.
HARNESS TRACKS OF AMERICA<br />
Executive Newsletter<br />
A daily fax and e-mail report on racing and gaming developments in North <strong>America</strong> and beyond<br />
Stanley F. Bergstein, Editor<br />
SCHWEIBEL LEAVES BUFFALO<br />
Jerry Schweibel, general manager <strong>of</strong> Buffalo Raceway<br />
and the track’s HTA and USTA director for<br />
the last 10 years, is leaving the post, effective tomorrow.<br />
Jerry, an innovator and promoter, says it<br />
is time to move on, and his boss, Buffalo CEO<br />
Dennis Lang, called his departure a “mutual agreement”.<br />
Schweibel’s wife suffered a health scare<br />
last week, and Schweibel says it caused him to<br />
reevaluate stress and work and life in general, although<br />
he added that he feels he still has much to<br />
<strong>of</strong>fer to the industry. Lang said the society’s board<br />
will search for a new general manager after the<br />
track’s current meeting ends July 27, when Batavia<br />
Downs will resume racing under the aegis <strong>of</strong> HTA<br />
associate member Western Regional OTB.<br />
INDIANA SLOTS BACK IN NEWS<br />
Yogi Berra’s old cry <strong>of</strong> “It ain’t over ’til it’s over”<br />
was ringing through Indianapolis yesterday, as the<br />
South Bend Tribune reported that expectations<br />
are high that when lawmakers reconvene next<br />
month to discuss the state’s budget crisis and tax<br />
structure slots, in the form <strong>of</strong> pull tabs, may jump<br />
back into consideration. They were passed over<br />
in the recent session <strong>of</strong> the legislature, but one<br />
legislator, Rep. Scott Pelath <strong>of</strong> Michigan City, said<br />
expanded gambling “is not an issue that goes away.<br />
In fact, it hovers over every discussion <strong>of</strong> the budget.”<br />
That does not mean the pull tabs will find<br />
adequate support, however, for Larry Borst, a key<br />
figure in the legislature long considered a friend<br />
<strong>of</strong> racing, opposes the idea, as does Gov. Frank<br />
O’Bannon. In fact, the Tribune says support for<br />
pull tabs could narrow if a broadly written bill that<br />
would include them were introduced, because <strong>of</strong><br />
Borst’s and O’Bannon’s opposition. Borst instead<br />
is proposing higher taxes on casino admissions as<br />
the solution to the budget shortfall. They<br />
could help racing, depending on how such<br />
legislation was written.<br />
April 29, <strong>2002</strong><br />
Indiana’s riverboat casinos, which want flexibility<br />
on dockside gambling, naturally oppose the Borst<br />
proposal, which calls for a rise from $3 to $4 on<br />
the riverboat casinos, and an increase on taxes on<br />
casino revenues from 20% to 22.5%, which he says<br />
will raise more than $800 million over three years.<br />
A lawyer and lobbyist for seven Indiana casinos,<br />
Phillip Bainbridge, summarized the special session<br />
by saying, “I’ve long given up saying this can’t<br />
happen unless that happens. You have to assume<br />
that anything can happen.” Indiana’s two tracks,<br />
Hoosier Park and Indianapolis Downs, currently<br />
under construction, will have to pin their hopes on<br />
Bainbridge’s assessment.<br />
A ‘RIDICULOUS’ OFFER BY FAX<br />
Shawn Scott, who bought Delta Downs for $10<br />
million and sold it two years later to Boyd Gaming<br />
for $110 million (or was it $120 million or $130<br />
million? Reports vary) and is trying to buy Vernon<br />
Downs, now has launched another track <strong>of</strong>fer, this<br />
one by fax. Scott is trying to buy Ruidoso Downs<br />
in New Mexico and its Billy the Kid casino from<br />
veteran track operator R. D. Hubbard, without a<br />
phone call or personal contact, according to track<br />
president Bruce Rimbo. Rimbo, once publicist<br />
for harness racing at Los Alamitos, says Scott simply<br />
faxed the track saying he would buy it and the<br />
casino for $6 million. Rimbo called the <strong>of</strong>fer “so<br />
ridiculous that it’s not worth responding to. It just<br />
appeared on our fax machine.” Scott also is bidding<br />
against Hubbard for the right to build still<br />
another track in far southeastern New Mexico.<br />
Scott filed an application with the New Mexico<br />
Racing Commission saying he would build a $30<br />
million racetrack and casino in the little town <strong>of</strong><br />
Hobbs on the Texas border. The location might at<br />
first appear remote, but is less than 75 miles from<br />
three busy Texas cities, Lubbock, Odessa and<br />
Midland.
HARNESS TRACKS OF AMERICA<br />
Executive Newsletter<br />
A daily fax and e-mail report on racing and gaming developments in North <strong>America</strong> and beyond<br />
Stanley F. Bergstein, Editor<br />
TOM WALSH JUG HONOREE<br />
Tom Walsh Jr., one <strong>of</strong> harness racing’s best known<br />
and most popular owners and one <strong>of</strong> the most generous<br />
contributors to the sport’s causes, has been<br />
named the <strong>2002</strong> inductee to the Little Brown Jug<br />
Wall <strong>of</strong> Fame. Walsh, an owner for more than 40<br />
years, has co-owned two Little Brown Jug winners<br />
in Magical Mike, the 1994 victor in harness<br />
racing’s best known classic for 3-year-old pacers,<br />
and Armbro Operative, which won the race in 1996.<br />
Magical Mike won $1.6 million in his racing career<br />
and now is a successful sire, his progeny including<br />
the $3.7 million winner and 2000 Horse <strong>of</strong><br />
the Year Gallo Blue Chip. Armbro Operative was<br />
a winner <strong>of</strong> $1,012,712, and Walsh also has been<br />
involved in the ownership <strong>of</strong> three other $500,000<br />
winners — Conway Hall, Bold Dreamer and Victory<br />
My Way — and other top horses, most in<br />
partnership with his longtime friend David<br />
McDuffee. The pair were primarily responsible for<br />
funding the construction <strong>of</strong> the Little Brown Jug<br />
Barn at the Delaware County Fairgrounds where<br />
the classic is raced each September. Walsh will<br />
receive his traditional gold Jug ring at the Mayor’s<br />
Breakfast in Delaware , Ohio, on Sept. 18, the day<br />
before the 57th racing <strong>of</strong> the Jug.<br />
PICK 4 BEST BET AT BIG M<br />
With a 15% takeout, an average pay<strong>of</strong>f <strong>of</strong> more<br />
than $9,000 and a $50,000 pool guarantee, the $2<br />
Pick 4 has become Saturday Night Live at the<br />
Meadowlands. Last Saturday’s $84,847 pool was<br />
the highest since the $50,000 guarantee was put<br />
in place, and for 15 Saturday nights to date the<br />
average pool has been $76,134.<br />
NEW UNIT AT CHURCHILL<br />
Recognizing the growth <strong>of</strong> simulcasting and its<br />
potential worldwide, Churchill Downs has<br />
formed a separate simulcasting business<br />
unit, Churchill Downs Simulcast Network,<br />
and named Churchill CFO and executive VP<br />
Bob Decker as president <strong>of</strong> the new venture.<br />
April 30, <strong>2002</strong><br />
NY WOES MAY AFFECT SLOTS<br />
The Buffalo News reports today that the state’s<br />
finances have taken a sharp turn for the worse<br />
with the revelation <strong>of</strong> a new budget hole totaling<br />
up to $1.3 billion, and that Senate majority leader<br />
Joe Bruno and Assembly speaker Sheldon Silver<br />
were looking for ways to speed up introduction <strong>of</strong><br />
VLTs at New York tracks. Gov. George Pataki,<br />
however is not counting on any money from track<br />
slots in <strong>2002</strong>, and administration <strong>of</strong>ficials do not<br />
think machines will be operational before next<br />
spring. Bruno, however — whose word in New<br />
York is law — told Tom Precious <strong>of</strong> the News,<br />
“We’ll take a look to see if we can ramp them up<br />
faster.” Pataki sought to downplay gambling revenues<br />
as a solution to the present crisis, saying,<br />
“I don’t think that’s going to be a significant revenue<br />
factor in dealing with the budget.”<br />
HBPA’S MALINE “ON LEAVE”<br />
A conflict <strong>of</strong> interest investigation by the national<br />
Horsemen’s Benevolent and Protective Association<br />
has led to the executive director <strong>of</strong> the<br />
organization’s Kentucky division, Marty Maline,<br />
being placed on administrative leave with pay. The<br />
national HBPA is looking into a company started<br />
by the former president <strong>of</strong> both the Kentucky di<br />
ision and national organization, Rick Hiles, in<br />
which Maline was an <strong>of</strong>ficer. The company, Century<br />
Consultants, was set up to advise racing companies<br />
on simulcast and legal issues, but had only<br />
one client, Choctaw Racing Services, a tribal company<br />
in Oklahoma, that pays a fee to the national<br />
HBPA based on handle at its <strong>of</strong>f-track betting sites.<br />
John Griffith, Kentucky HBPA’s treasurer, resigned<br />
the week <strong>of</strong> April 22, when the external investigation<br />
began, and Don Sturgill, also an <strong>of</strong>ficer<br />
with Century Consultants, resigned two weeks ago,<br />
saying his resignation was triggered by work demands<br />
at his Lexington law firm. Hiles said<br />
the investigation was “blowing smoke,” and<br />
said he was telling HBPA “they better be<br />
careful.”
HARNESS TRACKS OF AMERICA<br />
Executive Newsletter<br />
A daily fax and e-mail report on racing and gaming developments in North <strong>America</strong> and beyond<br />
Stanley F. Bergstein, Editor<br />
DOVER PREVAILS IN APPEALS CT.<br />
HTA member Dover Downs scored a big victory<br />
for racetracks everywhere yesterday when the<br />
decision <strong>of</strong> the United States Court <strong>of</strong> Appeals for<br />
the Third Circuit was announced in the case <strong>of</strong><br />
Crissman v. Dover Downs Entertainment, <strong>Inc</strong>. and<br />
the majority found that the Crissmans had not demonstrated<br />
that their exclusion was state action under<br />
any tests or facts established by the Supreme<br />
Court. The case is an important one because it<br />
deals with the right <strong>of</strong> private racetracks with VLT<br />
operations to exclude licensees. The Crissmans<br />
asserted that the nature <strong>of</strong> the regulatory relationship<br />
between the State <strong>of</strong> Delaware and Dover<br />
Downs in both the racing operation as well as the<br />
video lottery operation made Dover’s decision to<br />
exclude impermissible “state action.” The trial<br />
court found in favor <strong>of</strong> Dover Downs on a motion<br />
for summary judgment, but on appeal, a panel <strong>of</strong><br />
the court <strong>of</strong> appeals agreed with the Crissmans.<br />
The track asked for reconsideration by the full<br />
appeals court, which was granted, and that august<br />
body, after hearing oral arguments in November<br />
and receiving amicus briefs from <strong>Harness</strong> <strong>Tracks</strong><br />
<strong>of</strong> <strong>America</strong>, the Thoroughbred Racing Associations<br />
and Delaware Park racetrack, released its opinion<br />
yesterday carefully analyzing the nature <strong>of</strong> the<br />
relationship between Dover and the state in its<br />
racing and VLT operations and agreeing that<br />
Dover’s actions were not fairly attributable to the<br />
state. In deciding for Dover Downs, the majority<br />
agreed that “the regulation and flow <strong>of</strong> funds involved”<br />
did not equate to state action and therefore<br />
“do not otherwise support a conclusion that<br />
the state is responsible for the Crissmans’ exclusion.”<br />
As yet, there is no word on whether the<br />
Crissmans plan to appeal the case to the Supreme<br />
Court. For those who are interested, the full text<br />
<strong>of</strong> the appeals court’s opinion is available<br />
in pdf format on the HTA Web site at<br />
www.harnesstracks.com.<br />
May 1, <strong>2002</strong><br />
SLOTS AN ANSWER FOR PENN?<br />
Pennsylvania gubernatorial candidate Ed Rendell<br />
believes his goal <strong>of</strong> combining tax relief with the<br />
legalization <strong>of</strong> slot machines at racetracks is a proposal<br />
that can win the approval <strong>of</strong> the state legislature,<br />
according to the Pittsburgh Tribune-Review.<br />
In a meeting with that paper’s editorial board,<br />
Rendell said <strong>of</strong> the plan, “I think the votes are<br />
there right now. When you combine [slot machines]<br />
with property tax relief, it becomes an overwhelmingly<br />
popular issue around the commonwealth.”<br />
Rendell told the paper the key to getting public<br />
support and legislative approval for slots at tracks<br />
is to approach it as a “stand-alone” issue, not<br />
linked to riverboats or other gaming. Rendell also<br />
indicated that he would limit the machines to racetracks<br />
and not permit them at <strong>of</strong>f-track betting<br />
parlors. “You’ll know where they are. They are at<br />
sites that somebody has already said are appropriate<br />
for gambling.” Rendell’s plan is based on<br />
putting 2,500 slot machines at each <strong>of</strong><br />
Pennsylvania’s four racetracks, which he says<br />
would generate $469 million per year in revenue.<br />
NEV. REVISITS MONOPOLY RULES<br />
The casino industry has experienced substantial<br />
consolidation over the past few years, with several<br />
major companies rising up to dominate gaming<br />
in Las Vegas and the Silver State. Now, Nevada<br />
Gaming Control Board member Scott Scherer<br />
has drafted an amendment updating the state’s<br />
casino antimonopoly rules. Nevada law has included<br />
antimonopoly provisions for many years,<br />
but regulators have never used the rules to block<br />
a casino purchase. A major change being proposed<br />
would establish market-share thresholds. The current<br />
rules require regulators to consider the effect<br />
on gamblers, employees, vendors and taxpayers<br />
whenever an existing casino owner purchases<br />
an additional casino.
HARNESS TRACKS OF AMERICA<br />
Executive Newsletter<br />
A daily fax and e-mail report on racing and gaming developments in North <strong>America</strong> and beyond<br />
Stanley F. Bergstein, Editor<br />
NEW NAME, NEW COMMITTEES<br />
The all-industry committee on medication issues<br />
that was formed at the University <strong>of</strong> Arizona<br />
Race Track Industry Symposium in Tucson last<br />
December held its second meeting yesterday, in<br />
Louisville, KY. <strong>Harness</strong> racing was represented<br />
by HTA executive vice president Stan Bergstein,<br />
USTA executive vice president Fred Noe, and<br />
Standardbred Investigative Services president<br />
Paul Berube. Twenty-six <strong>of</strong> the original 32 people<br />
who met in Tucson were present, and heard a 2-<br />
hour review <strong>of</strong> medications commonly used in<br />
racing today, and a rational and analysis <strong>of</strong> each,<br />
from California track practitioner Dr. Rick<br />
Arthur and Ohio State veterinary school pr<strong>of</strong>essor<br />
Dr. Rick Sams. An intense afternoon session<br />
resulted in three internal committees being<br />
formed to move the organization forward, and a<br />
name change <strong>of</strong> the overall group to the Racing<br />
Medication and Testing Consortium. A third<br />
meeting will be held in July after the three committees<br />
have met to formulate a solid business<br />
plan and recommendations to regulators.<br />
WOODBINE BUYS HASTINGS<br />
Months <strong>of</strong> negotiations with the Pacific Racing<br />
Association, owners <strong>of</strong> Hastings Park in<br />
Vancouver, and with the government <strong>of</strong> British<br />
Columbia, ended yesterday with the announcement<br />
that Woodbine Entertainment Group had<br />
completed its acquisition <strong>of</strong> Hastings Park for $6<br />
million (Canadian). The announcement met with<br />
favorable response from Vancouver media and<br />
racing interests after David Willmot, president<br />
and CEO <strong>of</strong> Woodbine Entertainment, and<br />
chairman and immediate past president <strong>of</strong> HTA,<br />
told a turnout at the track, “We’re not a bunch<br />
<strong>of</strong> eastern carpetbaggers coming out to tell B.C.<br />
how to run its horse racing business. We<br />
are a not-for-pr<strong>of</strong>it...our core business is,<br />
and always will be, horse racing. And<br />
we believe in the health <strong>of</strong> horse racing<br />
throughout Canada.”<br />
May 2, <strong>2002</strong><br />
Willmot announced Woodbine’s first management<br />
move would be free attendance. “That will<br />
be a $400,000 hit,” he said, “but we are prepared<br />
to take that. We are surrounded by casinos. You<br />
can’t charge people anymore for the privilege to<br />
come and bet.” As a proactive move, Willmot<br />
said Hastings will establish seven teletheaters in<br />
the Lower Mainland surrounding Vancouver to<br />
bring horse racing closer to customers. He said<br />
there was no magic wand to wave at Hastings,<br />
but added, “I’m one <strong>of</strong> those guys who likes to<br />
under-promise and over-deliver.”<br />
ANOTHER BIG BID IN CALGARY<br />
A new group headed by the former president and<br />
CEO <strong>of</strong> the Calgary Airport Authority has filed<br />
a provincial application to build a 7/8ths mile<br />
harness track inside a 1 mile thoroughbred track<br />
in Calgary. The former Airport Authority chief<br />
is Ernie Caron, who retired from that post last<br />
year, and he says he has invited Stampede Park<br />
to join forces in the new venture. Stampede, however,<br />
filed its own bid for a new Calgary track as<br />
the deadline for applications passed this week,<br />
saying they will build a new facility attached to<br />
its present grandstand for the 500 slots machines<br />
that will be given to the winner <strong>of</strong> bidding for a<br />
Calgary track, providing it is granted a 10-year<br />
license.<br />
PRAIRIE GETS NEW LEASE<br />
The term is the same -- 5 years -- and the total<br />
amount is the same -- $100 million -- but the conditions<br />
differ in a new lease for Prairie Meadows<br />
Racetrack and Casino agreed to unanimously by<br />
the Polk County, Iowa, board <strong>of</strong> supervisors.<br />
Under the agreement, which replaces a similar<br />
lease turned down by the supervisors several<br />
weeks ago, rent goes up from $12 million a year<br />
to $15.6 million, but the amount due from<br />
pr<strong>of</strong>its after reasonable capital improvements<br />
drops from $8 million to $4.4 million.
HARNESS TRACKS OF AMERICA<br />
Executive Newsletter<br />
A daily fax and e-mail report on racing and gaming developments in North <strong>America</strong> and beyond<br />
Stanley F. Bergstein, Editor<br />
GOOD NEWS LOOMS IN NY<br />
If Tom Precious is right, there is good news for<br />
New York tracks hoping to take advantage <strong>of</strong> the<br />
recently enacted legislation that gives them VLTs.<br />
Precious is the veteran Albany bureau correspondent<br />
for the Buffalo News, who also writes for<br />
Blood-Horse magazine, and in both publications<br />
today he says state negotiators have agreed to<br />
provide an additional 5% <strong>of</strong> VLT revenues for<br />
construction and other capital costs in ramping up<br />
for the machines, and that the legislation itself,<br />
scheduled for a 3-year trial run before sunset provisions,<br />
will be extended to 5 years, increasing<br />
chances for institutional funding. Precious also<br />
says the negotiators from Gov. George Pataki’s<br />
<strong>of</strong>fice and the state legislature have agreed to extend<br />
the number <strong>of</strong> hours the VLTs can operate at<br />
the tracks. The original legislation specified 10<br />
a.m. to 10 p.m. on weekdays and 10 a.m. to midnight<br />
on weekends. Precious says those hours will<br />
be lengthened, but with no specific agreement as<br />
yet on how much. <strong>Tracks</strong> have been urging 18-<br />
hour a day operation.<br />
Along with that ray <strong>of</strong> sunshine, however, came a<br />
cloud on the horizon. A five-judge panel <strong>of</strong> the<br />
appellate division <strong>of</strong> the state supreme court yesterday<br />
ruled that the compact between the St.<br />
Regis Mohawk tribe and two successive New York<br />
governors “is the antithesis <strong>of</strong> the highly restricted<br />
and ‘rigidly regulated’ forms <strong>of</strong> gambling permitted<br />
by the New York Constitution” and thus invalid.<br />
The court ruled, as others in other states<br />
have, that legislative approval was needed for compacts.<br />
The legislature can correct this by approving<br />
existing compacts, and yesterday’s decision<br />
did not deal with or affect larger issues beyond<br />
the specific St. Regis matter at hand. By its language,<br />
however, it conceivably could<br />
muddy legal waters enough in future cases<br />
to prolong the issue and possibly delay<br />
introduction <strong>of</strong> the VLTs at New York tracks.<br />
May 3, <strong>2002</strong><br />
FONTAINE THE HANDICAPPER<br />
Paul Fontaine <strong>of</strong> Rhode Island has been many<br />
things in his career -- successful attorney, successful<br />
harness horse owner, track executive, HTA and<br />
USTA director -- but tomorrow afternoon he assumes<br />
a new role: Kentucky Derby handicapper<br />
for youth. It is a complex tale.<br />
Fontaine and his friend and associate, Gary<br />
Piontkowski, president <strong>of</strong> Plainridge Racecourse<br />
in Plainville, MA, have been strong supporters <strong>of</strong><br />
the <strong>Harness</strong> Horse Youth Foundation, based in<br />
Carmel, Indiana. Fontaine is vice president <strong>of</strong> the<br />
highly worthy organization. At the <strong>Harness</strong> Racing<br />
Congress in Las Vegas in March, Fontaine and<br />
Piontkowski met with HHYF president Callie<br />
Davies Gooch and executive director Ellen Taylor<br />
to discuss future funding <strong>of</strong> the foundation. It<br />
was decided to have the HHYF participate in<br />
Plainridge’s Kentucky Derby promotion. In a<br />
spin-the-wheel event with local Plainville charities,<br />
the HHYF picked up $1,250. It also sold $1 raffle<br />
tickets for Plainridge with a top prize a $5,000 bet<br />
on the Kentucky Derby. Ms. Taylor sold the winning<br />
ticket to Harold Breidenbach, a harness racing<br />
owner in Lima, Ohio, and a trustee <strong>of</strong> the Youth<br />
Foundation. Breidenbach donated the ticket to<br />
the Foundation. Ms. Taylor, whose family has<br />
been in harness racing for generations, knows trotters<br />
and pacers inside-out, but not thoroughbreds.<br />
She named Fontaine as designated handicapper<br />
for the Foundation. So tomorrow Fontaine bets<br />
$6,250 on the Derby, for the kids. Careful, Paul,<br />
or you’ll be disbarred from future handicapping..<br />
K.D. OWEN DIES AT 98<br />
Kenneth Dale Owen, one <strong>of</strong> harness racing’s most<br />
illustrious owners and breeders, has died at 98 in<br />
his birthplace, New Harmony, Indiana. Owen was<br />
a descendant <strong>of</strong> famed Welsh social reformer<br />
Robert Owen, who bought New Harmony<br />
in 1825 and created a Utopian community<br />
there.
HARNESS TRACKS OF AMERICA<br />
Executive Newsletter<br />
A daily fax and e-mail report on racing and gaming developments in North <strong>America</strong> and beyond<br />
Stanley F. Bergstein, Editor<br />
CONSOLIDATION IN CHICAGO?<br />
The Chicago Tribune, quoting both HTA director<br />
Tom Carey III and Charles Bidwell III as sources,<br />
says consolidation <strong>of</strong> Hawthorne Race Course and<br />
Sportsman’s Park into one corporation could be<br />
as close as a month away. Bidwell told the paper,<br />
“We’ve kind <strong>of</strong> set deadlines for each other to have<br />
something more definitive in writing. I think within<br />
30 days we’re going to be able to show the racing<br />
board some real definitive stuff. We’ve worked<br />
out everything else as far as organization. I think<br />
we’re very close.” Carey also said the merger<br />
could come within a month, indicating that the<br />
problem is in economics and that “certain aspects<br />
need to be attended to.” The “certain aspects”<br />
are believed to involve Sportsman’s debt rising<br />
from its renovation costs in converting the track<br />
to an unsuccessful auto racing track several years<br />
ago and other potential stumbling blocks, including<br />
Sportsman’s right to operate <strong>of</strong>f-track betting<br />
parlors once live racing ceases there; continuing<br />
real estate taxes on the track; and potential revenues<br />
from the Rosemont casino, when and if it<br />
gets built. Under the proposed agreement, all live<br />
racing would take place at Hawthorne, and 780<br />
years <strong>of</strong> thoroughbred racing at Sportsman’s Park<br />
would end.<br />
HOTEL, SHOPS AT BIG M?<br />
Although New Jersey governor James<br />
McGreevey’s <strong>of</strong>fice won’t discuss it, persistent<br />
reports are circulating that the giant Virginia developer<br />
Mills Corporation has submitted proposals<br />
to build a 300,000 square-feet convention center,<br />
hotel and retail shops on the site <strong>of</strong> the Continental<br />
Airlines Arena adjacent to the Meadowlands<br />
Racetrack at the New Jersey Sports and Exposition<br />
Authority. The most the governor’s <strong>of</strong>- fice<br />
would say was that discussions are ongoing,<br />
and that further details would not be<br />
forthcoming at this time.<br />
May 6, <strong>2002</strong><br />
NJ WIDENS BREEDING RULES<br />
With the stroke <strong>of</strong> his pen, New Jersey Gov. James<br />
McGreevey has substantially widened eligibility<br />
rules as to what constitutes a New Jersey-bred<br />
horse. McGreevey signed legislation that allows<br />
foals bred out <strong>of</strong> New Jersey with semen transported<br />
from that state to be eligible to the rich New<br />
Jersey Sire Stakes program, beginning with this<br />
year’s breeding season. “The elimination <strong>of</strong> the<br />
requirement that Standardbred horses be bred in<br />
New Jersey will bring additional vitality and competition<br />
to the Sire Stakes races,” McGreevey said<br />
on signing the bill. Until now, horses had to be<br />
bred in the state, but now as long as the stallion is<br />
registered and stands in New Jersey, conception<br />
using his transported semen can be foaled anywhere<br />
and be eligible to the Jersey races. As <strong>of</strong><br />
mid-April, the U. S. Trotting Association reports<br />
74 mares bred out <strong>of</strong> New Jersey by semen from<br />
New Jersey stallions, as opposed to 6 at the same<br />
time last year.<br />
WAR EMBLEM AND ED RYAN<br />
Both were wire-to-wire winners over the weekend,<br />
but only one gets to go to Denmark as the result<br />
<strong>of</strong> the victory. Scioto Downs’general manager won<br />
the final <strong>of</strong> the World Cup <strong>of</strong> Amateur Driving<br />
Qualifying Tournament at Pompano, earning a trip<br />
as U.S. representative in the World Cup <strong>of</strong> Amateur<br />
Driving in Denmark in July. The other winner<br />
only gets to go to Baltimore.<br />
VARENNE AGAIN, IN NAPLES<br />
The world’s best trotter, <strong>America</strong>n-bred, Italianowned<br />
Varenne, set a track record in winning Italy’s<br />
most prestigious race, the Grand Premio Lotteria<br />
in Naples.<br />
APOLOGIES TO MIKE<br />
Mike Izzo, executive director <strong>of</strong> HHI, was inadvertently<br />
omitted here last week in a report<br />
on harness racing representatives at the<br />
Medication Summit in Louisville.
HARNESS TRACKS OF AMERICA<br />
Executive Newsletter<br />
A daily fax and e-mail report on racing and gaming developments in North <strong>America</strong> and beyond<br />
Stanley F. Bergstein, Editor<br />
WHERE’S PAT ROBERTSON?<br />
Where’s Pat when we need him? In an open letter<br />
in the Capitol Hill newsletter Roll Call, more than<br />
200 religious leaders yesterday called for President<br />
Bush and Congress -- and <strong>of</strong> course good old<br />
John Ashcr<strong>of</strong>t -- to stop the growth <strong>of</strong> legalized<br />
gambling, which the churchmen called “a moral and<br />
cultural cancer. We call on members <strong>of</strong> Congress,”<br />
the letter said, “to place <strong>America</strong>’s citizens and<br />
families ahead <strong>of</strong> the false promises and hefty political<br />
contributions <strong>of</strong> the gambling industry, and<br />
to begin to address this rapidly growing menace to<br />
our national welfare.” The mention <strong>of</strong> gambling<br />
as a cancer brought to mind, at least to Tony Batt<br />
<strong>of</strong> the Las Vegas Review-Journal, Ashcr<strong>of</strong>t’s use<br />
<strong>of</strong> the term when, as a Republican senator in 1998,<br />
he told a Southern Republican Leadership Conference<br />
in Biloxi, Mississippi, that gambling is “a<br />
cancer on the soul <strong>of</strong> our nation.” The White House<br />
replied to the open letter, through a spokesman,<br />
that “We are willing to work with Congress to address<br />
matters <strong>of</strong> importance to the <strong>America</strong>n<br />
people.” A spokesman for James Dobson, president<br />
<strong>of</strong> Focus on the Family, praised the letter but<br />
said Dobson was not the driving force behind it.<br />
No word from Pat Robertson, but he did say earlier<br />
that he didn’t want people to bet on his 3-yearold<br />
thoroughbred, purchased for $520,000 under a<br />
stable name at the spring Keeneland 2-year-old in<br />
training sale a year ago. Just look at him, watch<br />
him run, and study his bloodlines, which is what<br />
Pat says he enjoys doing.<br />
TVG WIDENS ITS HORIZONS<br />
Television Games Network has entered into a<br />
patent license and content agreement with<br />
<strong>America</strong>Tab Ltd., which enables that service to<br />
make and use interactive wagering using TVG’s<br />
technology. The move opens betting on<br />
TVG partners at winticket.com,<br />
brisnet.com and tsnbet.com, all licensed<br />
by <strong>America</strong>Tab.<br />
May 7, <strong>2002</strong><br />
AN EXPERIMENT AT BIG M<br />
In an interesting pari-mutuel experiment, runners<br />
and harness horses will race on a single mixed card<br />
at The Meadowlands. The track announced today<br />
that with the cooperation <strong>of</strong> its harness and<br />
thoroughbred horsemen, it would experiment on<br />
May 15 and 18 with two thoroughbred races on<br />
the turf at 6:35 and 7:20 and a regular harness<br />
card beginning at 8 p.m. Drew Shubeck, the Big<br />
M’s associate GM for wagering services, said,<br />
“There’s been interest in receiving the card from<br />
a simulcast standpoint, and it’s something we think<br />
our fans will find intriguing.” The Meadowlands<br />
is asking for commission approval for a thoroughbred<br />
daily double on the first two races, and a second<br />
thoroughbred-harness daily double on races 3<br />
and 4. They also are requesting straight, exacta<br />
and trifecta wagering on the two running races.<br />
Mixed breed racing was tried some years ago at<br />
Greenwood in Toronto, no longer in existence. The<br />
track had one mile dirt track for runners with a 5/<br />
8ths mile harness track inside, and mixed cards<br />
were held over the two. Woodbine, Greenwood’s<br />
successor, races thoroughbreds on a dirt track in<br />
the afternoon and harness on an inside track at<br />
night at times during the year.<br />
WHO NEEDS CHRYSLER?<br />
Hoosier Park has increased its purses across the<br />
board by 10%, bringing its open events to $15,800<br />
from $14,400 and its lowest maiden and claiming<br />
purses to $5,300 from $4,800. The track’s<br />
invitationals have been raised from $20,000 to<br />
$22,000. Like most tracks nationwide, Hoosier<br />
set records on Kentucky Derby betting, and one<br />
regular patron at the track’s Indianapolis<br />
<strong>Tracks</strong>ide OTB operation -- a retired Chrysler<br />
worker -- almost broke the bank. He had a $1<br />
wheel on both the superfecta and trifecta, along<br />
with a $1 exacta box, and left <strong>Tracks</strong>ide with<br />
$101,000. Who needs Chrysler?
HARNESS TRACKS OF AMERICA<br />
Executive Newsletter<br />
A daily fax and e-mail report on racing and gaming developments in North <strong>America</strong> and beyond<br />
Stanley F. Bergstein, Editor<br />
IT MAY BE TOO LATE, BUT.....<br />
The House Judiciary Committee is expected to<br />
mark up H.R. 3215 -- the Combating Illegal Gambling<br />
Reform and Modernization Act, better known<br />
as the Goodlatte bill -- today or tomorrow. If you<br />
haven’t contacted your representatives, as urged<br />
here on April 17 and again yesterday, it might still<br />
be a very good idea, for Congressman Chris Cannon,<br />
Republican <strong>of</strong> Utah, plans to <strong>of</strong>fer an amendment<br />
that will strip horse racing’s exemption from<br />
the bill. Yesterday’s urgent request contained an<br />
incomplete list <strong>of</strong> Judiciary Committee members,<br />
and a full list <strong>of</strong> those from racing states follows.<br />
Ask for opposition to the Cannon amendment <strong>of</strong><br />
H.R. 3215, and support for the bill as it stands without<br />
the amendment. Racing state members:<br />
ARIZONA - Jeff Flake<br />
CALIFORNIA - Elton Gallegly, Darrell Issa,<br />
Howard Berman, Zoe L<strong>of</strong>gren, Maxine Waters,<br />
Adam Schiff<br />
FLORIDA - Ric Keller, Robert Wexler<br />
ILLINOIS - Henry Hyde, John Hostettler, Mike<br />
Pence<br />
MASSACHUSETTS - Barney Frank, William<br />
Delahunt, Marty Meehan<br />
MICHIGAN - John Conyers Jr.<br />
NEW YORK - Jerrold Nadler, Anthony David<br />
Weiner<br />
OHIO- Steve Chabot<br />
PENNSYLVANIA - George W. Gekas, Melissa<br />
A. Hart<br />
TEXAS - Lamar S. Smith, Sheila Jackson Lee<br />
VIRGINIA -Bob Goodlatte, Rick Boucher, Bobby<br />
Scott<br />
As you can see, 27 <strong>of</strong> the 37 members <strong>of</strong> the Judiciary<br />
Committee are from racing states. It is up<br />
to the industry to convince the 27 that the welfare<br />
<strong>of</strong> a major employer and agricultural industry in<br />
their states is at stake, and that the Cannon<br />
amendment would eliminate legal activities<br />
already in use.<br />
May 8, <strong>2002</strong><br />
AND NOW FOR INSURANCE<br />
In announcing a loss for the first quarter <strong>of</strong> <strong>2002</strong><br />
operations yesterday, Churchill Downs president<br />
and CEO Tom Meeker included this observation:<br />
“As expected, we are incurring substantial increases<br />
in insurance costs.” So are you and everybody<br />
else, which is why you may want to show<br />
up at the Sonesta Beach in Bermuda when the<br />
board <strong>of</strong> directors <strong>of</strong> Wagering Insurance<br />
North<strong>America</strong>, the successor to HTA Insurance<br />
Co., discusses reactivation <strong>of</strong> its <strong>of</strong>f-shore captive<br />
insurance program. WIN had provided Workers’<br />
Compensation, General Liability (including Participants<br />
Liability) and Automobile Liability coverage<br />
for its member tracks. To reactivate the program<br />
in this extremely difficult market WIN needs to<br />
reach a “critical mass” <strong>of</strong> premiums, and to do so<br />
it intends to open participation in the insurance<br />
program to all racetracks, regardless <strong>of</strong> breed. You<br />
are welcome at the meeting, which will be held next<br />
Thursday and Friday, May 16 and 17. If you can’t<br />
make it to Bermuda but are interested in weathering<br />
the insurance storm, give WIN’s legal counsel,<br />
Dan O’Leary, a call at his Chicago <strong>of</strong>fice at<br />
Mandell Menkes & Surdyk, 312-251-1000, fax<br />
312-251-1010. Dan will be happy to discuss the<br />
program with you in relation to your individual<br />
track needs, and describe the benefits and opportunities<br />
the program <strong>of</strong>fers<br />
THE VERY BEST WAY<br />
The best way to discover errors is to publish something<br />
and wait for the bouncing ball. Yesterday’s<br />
report on mixed breed racing programs drew a<br />
quick response pointing out that Garden State Park<br />
also held one in the late 1980s. And the article on<br />
the licensing arrangement that TVG extended to<br />
winticket.com, brisnet.com and tsnbet.com, all licensed<br />
by <strong>America</strong>Tab, also applies to Northfield<br />
Park’s Bet <strong>Harness</strong>.com and<br />
BetRunners.com, <strong>America</strong>Tab’s only harness<br />
licensees.
HARNESS TRACKS OF AMERICA<br />
Executive Newsletter<br />
A daily fax and e-mail report on racing and gaming developments in North <strong>America</strong> and beyond<br />
Stanley F. Bergstein, Editor<br />
MARKUP DELAYED ON H.R.3215<br />
The Goodlatte bill (H.R. 3215) was discussed and<br />
a markup began in the House Judiciary Committee<br />
yesterday, but the Interactive Gaming News<br />
reports that after the committee was called away<br />
for a vote on the House floor, Rep. Goodlatte pulled<br />
the bill from consideration. IGN reported that<br />
Goodlatte’s action was triggered by the danger <strong>of</strong><br />
the bill being stripped <strong>of</strong> its amendments, one <strong>of</strong><br />
which is the exemption for horse racing. The day’s<br />
respite should not be construed with any significant<br />
relief, however, for indications are that the<br />
exemption still will be challenged by Rep. Chris<br />
Cannon <strong>of</strong> Utah, and Rep. Robert Wexler, a Florida<br />
Democrat, was loud and vigorous in opposing the<br />
horse racing amendment. Judiciary Committee<br />
chairman James Sensenbrenner said, “There are<br />
a lot <strong>of</strong> changes being proposed. Some we can do,<br />
some we can’t.” Track support for the bill as it<br />
stands, and opposition to the Cannon amendment,<br />
should it be <strong>of</strong>fered as expected, still is needed.<br />
Let your representatives on Judiciary know how<br />
you feel, and if you need letters outlining the issues<br />
they are available here from HTA and/or from<br />
the <strong>America</strong>n Horse Council, 202-296-4031, fax<br />
202-296-1970.<br />
ALL OUT OF STEP EXCEPT KY<br />
Still determined to negate the progress <strong>of</strong> the Racing<br />
Medication and Testing Consortium formed by<br />
the <strong>America</strong>n Association <strong>of</strong> Equine Practitioners<br />
to try to bring uniformity to <strong>America</strong>n medication<br />
rules, a group <strong>of</strong> Kentucky veterinarians led by<br />
Dr. Alex Harthill and Dr. Arnold Pessin now is calling<br />
for a public debate. What that would accomplish<br />
except noise is questionable, and an alternative<br />
suggestion that has been <strong>of</strong>fered -- dissolution<br />
<strong>of</strong> the Union -- might be far preferable. Let<br />
Kentucky go its own way, and the rest <strong>of</strong><br />
the nation go its way.<br />
May 9, <strong>2002</strong><br />
128, AND BRIGHTER THAN EVER<br />
The Red Mile opens its 128th season <strong>of</strong> racing<br />
tonight, with a new lighting system that reportedly<br />
lights up not only the famous mile track but much<br />
<strong>of</strong> the area between Lexington’s Broadway and<br />
parallel Versailles Road, a mile away. The historic<br />
track, ablaze with its state-<strong>of</strong>-the-art illumination,<br />
will race 21 programs on Thursdays, Fridays<br />
and Saturdays until June 29. Ten <strong>of</strong> the sport’s<br />
outstanding amateur drivers will compete in a featured<br />
event on Saturday night.<br />
A PLETHORA OF OTHER NEWS<br />
Television Games Network has had an explosion<br />
<strong>of</strong> growth with the opening <strong>of</strong> Hollywood Park and<br />
subsequent action on the Kentucky Derby. TVG<br />
reports it has signed up 7,500 new subscribers and<br />
has processed over $8 million in handle, a 254%<br />
surge over last year’s figures. President Mark<br />
Wilson said TVG was “well on its way to the best<br />
quarter” in its history.......John Corckrarn has<br />
taken over from Ted Mudge as president <strong>of</strong><br />
AmTote........Delaware North moved into new<br />
waters with its $80 million purchase <strong>of</strong> three New<br />
Orleans-based riverboats -- the Delta Queen,<br />
Mississippi Queen and <strong>America</strong>n Queen --at a<br />
bankruptcy auction.......in New Jersey, Gov. James<br />
E. McGreevey announced his proposal for a $355<br />
million arena in Newark for the New Jersey Nets<br />
and Devils, with “the debt guaranteed by the teams<br />
and not the state <strong>of</strong> New Jersey.” The plan must<br />
be approved by the legislature -- no sure bet --<br />
and the board <strong>of</strong> the New Jersey Sports and Exposition<br />
Authority.....in Massachusetts, Republican<br />
gubernatorial candidate Mitt Romney says the<br />
state should consider casino gambling, a surprising<br />
development since Romney, head <strong>of</strong> the Salt<br />
Lake Olympics, is a leader in the Morman church,<br />
which opposes gambling. Democratic candidate<br />
Robert Reich, former Labor Secretary, has<br />
stated that he is not in favor <strong>of</strong> casino gambling.
HARNESS TRACKS OF AMERICA<br />
Executive Newsletter<br />
A daily fax and e-mail report on racing and gaming developments in North <strong>America</strong> and beyond<br />
Stanley F. Bergstein, Editor<br />
HTA HAS THREE NEW MEMBERS<br />
Three new member tracks have boosted <strong>Harness</strong><br />
<strong>Tracks</strong> <strong>of</strong> <strong>America</strong> membership to 36 harness racing<br />
organizations. Two <strong>of</strong> the new members are<br />
returnees, Batavia Downs returning in New York<br />
state and Suburban Downs back in the fold after<br />
being given new life by the Illinois Racing Board.<br />
The third new member is the Delaware County Fair,<br />
home <strong>of</strong> one <strong>of</strong> harness racing’s greatest races,<br />
the Little Brown Jug. Martin Basinait will represent<br />
Batavia Downs on the HTA board, Tom Carey<br />
III will be the HTA director for Suburban Downs,<br />
and Phil Terry will represent the Delaware County<br />
Fair. We warmly welcome all three.<br />
GUESS WHAT? A NEW STUDY<br />
The Massachusetts House killed track slots for<br />
at least another year yesterday, but the legislators<br />
took the easy way out in doing it. They didn’t<br />
want to face the crisis <strong>of</strong> simply saying no to something<br />
that could have raised $600 million, so they<br />
voted, 101-51, to -- you guessed it -- appoint a 17-<br />
member commission to study the issue over the<br />
summer and report back by December what to do.<br />
One member <strong>of</strong> the House called the decision “a<br />
facade, a phony one at best”, but another defended<br />
the study, saying, “It’s a giant issue. I’m hoping<br />
that this commission will take a hard look at it,<br />
and give us the ability to produce a bill that addresses<br />
all <strong>of</strong> our concerns. The House’s action<br />
reminded us <strong>of</strong> the old story <strong>of</strong> the jury foreman<br />
who came in and told the judge, “Your honor, we’ve<br />
studied this thing up and down, listened to the prosecutor<br />
and the defense attorney, and we’ve decided<br />
we don’t want to get mixed up in this damn<br />
thing.” So it’s back to the drawing board for<br />
Plainridge Racecourse, Suffolk Downs and Massachusetts’<br />
dog tracks, all <strong>of</strong> whom will have to<br />
wait at least until January <strong>of</strong> 2003 to take<br />
another shot at slots.<br />
May 10, <strong>2002</strong><br />
The vote on the slots-at-tracks issue was a bit<br />
closer 94-58, and although proponents pointed out<br />
that it would allow the state’s four tracks to stay<br />
afloat, generate revenue and save jobs, opponents<br />
said it was a way “to make a few wealthy track<br />
owners even richer.” One House member, John<br />
Slattery, a backer <strong>of</strong> casino gaming in Massachusetts,<br />
answered that by saying, “We don’t need<br />
people denouncing race track owners as<br />
greedy.....because we’re doing the same things<br />
ourselves with the lottery.”<br />
AN INSURANCE REALITY CHECK<br />
With all tracks everywhere invited to participate<br />
in next week’s Wagering Insurance North<strong>America</strong><br />
(WIN) meeting in Bermuda, which will consider<br />
reactivation <strong>of</strong> the <strong>of</strong>f-shore captive in the face <strong>of</strong><br />
skyrocketing insurance costs, a West Virginia development<br />
underscores the threats that can come<br />
from anywhere. Penn National Gaming has been<br />
named a defendant in a $20 million damage suit in<br />
a bizarre case in which the plaintiffs are using dram<br />
shop charges. They contend that waitresses at<br />
Penn National’s Charles Town Races and Slots continued<br />
to provide free cocktails and wine to a<br />
woman patron for six hours while she played the<br />
slots there two years ago, although the woman was<br />
“visibly intoxicated.” With an alcohol content level<br />
more than three times the state limit, the woman<br />
slammed into the plaintiffs’ car while driving on<br />
the wrong side <strong>of</strong> the road. She was sentenced for<br />
up to 5 years for DUI and causing injuries. If interested<br />
in WIN, call counsel Dan O’Leary at 312-<br />
251-1000.<br />
HAPPIER PENN NATIONAL NEWS<br />
Retired Penn National VP Bill Bork filed with the<br />
SEC to sell 160,667 shares <strong>of</strong> Penn National common<br />
stock, which he valued at $6 million. CEO<br />
Peter Carlino filed to sell 300,000 shares,<br />
which he valued at $11.3 million, both under<br />
insider trading rules.
HARNESS TRACKS OF AMERICA<br />
Executive Newsletter<br />
A daily fax and e-mail report on racing and gaming developments in North <strong>America</strong> and beyond<br />
Stanley F. Bergstein, Editor<br />
MACH THREE AND MONEY<br />
With Western Shooter and Louie Louie Too both<br />
gone, Mach Three clearly is the horse to beat in<br />
this year’s 3-year-old pacing division. He acted<br />
like the best again Saturday night winning the<br />
$300,000 Berry’s Creek at the Meadowlands. But<br />
a controversial side <strong>of</strong> the Mach Three story came<br />
to light Saturday when Standardbred Canada editor<br />
Harold Howe, writing in the Hamilton, Ontario<br />
Spectator, told <strong>of</strong> an apparent disagreement, or at<br />
least an abrupt change <strong>of</strong> mind, between Linda<br />
Magid, owner <strong>of</strong> the colt, and a four-member group<br />
headed by major breeder Peter Heffering which<br />
thought they had bought Mach Three. Heffering<br />
told Howe the group had already wired the money<br />
to Ms. Magid, and he said the price was “a very<br />
large sum.” That was not surprising since Mach<br />
Three had won $954,708 as a 2-year-old last season<br />
and a half-interest reportedly was priced at<br />
$750,000 in recent weeks. Unaware <strong>of</strong> all this,<br />
Mach Thee looked supremely at ease and confident<br />
in winning Saturday night, and Ms. Magid --<br />
apparently feeling the same -- now says the horse<br />
is not for sale.<br />
THE HIGH COST OF RUNOFF<br />
The <strong>America</strong>n Horse Council has been working<br />
for a year or more with the Environmental Protection<br />
Agency, the federal bureau controlling effluent<br />
limitation guidelines and water pollution. Racetracks<br />
have fallen under the agency’s purview, and<br />
just how expensive this can be was illustrated last<br />
week with completion <strong>of</strong> Portland Meadows’<br />
project to prevent storm water run<strong>of</strong>f from the<br />
track’s stable area. The job cost $750,000, and<br />
horses are starting to return to the track’s backstretch<br />
today, three months after the track was<br />
forced to end its meeting two and a half-months<br />
early because the EPA said it was not in<br />
compliance. Magna Entertainment, which<br />
leases the track, plans to build a new one<br />
nearby after the lease expires in 2005.<br />
May 13, <strong>2002</strong><br />
THE FEDS AND NYRA CLERKS<br />
The Albany Times Union reported yesterday that<br />
the Internal Revenue Service has launched “a<br />
widespread investigation” into Saratoga Race<br />
Course mutuel clerks who allegedly borrowed<br />
money regularly from their cash drawers but did<br />
not report the money as income. An unidentified<br />
teller told the newspaper that colleagues ‘shorted’<br />
their cash drawers, and if they were unable to pay<br />
back the shortages by week’s end, they filled out<br />
a ‘short slip’ to have that amount taken out <strong>of</strong> their<br />
NYRA paychecks. NYRA provided clerks a yearend<br />
summary <strong>of</strong> how much NYRA was reimbursed<br />
by the clerks for the shortages, but the clerks reportedly<br />
then did not report those ‘loans’ as income.<br />
“If they shorted $30,000 and didn’t report<br />
it, they would only have $20,000 taxable instead<br />
<strong>of</strong> $50,000,” the clerk told the Times Union. If<br />
the investigation was a surprise to the newspaper,<br />
it was not to the New York State Racing and Wagering<br />
Board, nor to NYRA, both <strong>of</strong> which said<br />
they were aware <strong>of</strong> investigations that have been<br />
ongoing for some time. Mike Hoblock, chairman<br />
<strong>of</strong> the racing board, said the federal investigation<br />
has been underway for two years, and that the<br />
board has cooperated with federal authorities.<br />
NYRA said both state and federal investigations<br />
are underway and continuing, but would not discuss<br />
specifics.<br />
HONG KONG HITS OFFSHORE<br />
It won’t be <strong>of</strong>ficial until May 22, but insiders say it<br />
is certain that legislation to prohibit <strong>of</strong>fshore bookmakers<br />
from taking bets from Hong Kong residents,<br />
and to make it illegal for residents to place<br />
such bets, will pass on that date. One close observer<br />
said, “It’s pretty much a done deal.” When<br />
asked, in view <strong>of</strong> the same issue pending in North<br />
<strong>America</strong>, how the government intended to monitor<br />
and catch <strong>of</strong>fenders, the answer was “Not<br />
surprisingly, the government has no real answer.”
HARNESS TRACKS OF AMERICA<br />
Executive Newsletter<br />
A daily fax and e-mail report on racing and gaming developments in North <strong>America</strong> and beyond<br />
Stanley F. Bergstein, Editor<br />
BEGGING TO BE TAXED?<br />
A British businessman is begging the United States<br />
government for taxation without representation in<br />
an attempt to force U.S. authorities to regulate<br />
online gaming. Nigel Payne, chief executive <strong>of</strong><br />
London-based Sportingbet, has placed advertisements<br />
in a number <strong>of</strong> <strong>America</strong>n newspapers featuring<br />
an Englishman holding an umbrella under<br />
the slogan: “Please sir, can I pay some tax?” In a<br />
case <strong>of</strong> the Boston Tea Party in reverse, he has<br />
even hired an <strong>America</strong>n lobbying firm to try to<br />
persuade Congress to force his company to pay<br />
money annually into U.S. c<strong>of</strong>fers. The move follows<br />
attempts by several in Congress, chief among<br />
them Rep. Robert Goodlatte <strong>of</strong> Florida, to ban<br />
online gambling in the United States. Sportingbet’s<br />
Payne said the U.S. should follow the British example<br />
where the government has enforced strong<br />
regulation on the business and takes billions <strong>of</strong><br />
dollars <strong>of</strong> taxes in return. “This is a massive, massive<br />
industry which cannot be stopped,” Payne said.<br />
“It is far more sensible to regulate it and take billions<br />
<strong>of</strong> dollars <strong>of</strong> taxes in return.” According to<br />
published reports, half <strong>of</strong> the world’s regular<br />
Internet gamblers live in the U.S. Sportingbet<br />
alone admits to having over 360,000 active U.S.<br />
customers.<br />
ARIZ. TRIBES WILL TRY BALLOT<br />
Arizona’s Indian tribes are taking their case for<br />
continued casino gaming directly to the voters,<br />
proposing to give the state up to eight percent <strong>of</strong><br />
their proceeds in exchange for the exclusive right<br />
to operate slot machines. The tribes filed their initiative<br />
late yesterday afternoon, setting the state<br />
for a likely confluence <strong>of</strong> competing gambling measures<br />
on the Nov. 5 general election ballot. The<br />
initiative contains the same basic elements as the<br />
bill that Gov. Jane Hull has been trying to<br />
sell to lawmakers:<br />
an eight percent return to the state, contain-<br />
May 14, <strong>2002</strong><br />
ment <strong>of</strong> casino-style gambling on Arizona’s Indian<br />
reservations and a 10-year compact duration that<br />
can be lengthened to 23 years. The biggest difference<br />
is that the tribal initiative would allocate the<br />
money to specific causes (primarily education and<br />
health care) while the legislation proposed by the<br />
governor would pour tribal revenues into the state’s<br />
general fund.<br />
ROSECROFT TO HOST POLICE<br />
Law enforcement representatives from around the<br />
country will converge on Washington, D.C., for the<br />
annual National Law Enforcement Memorial ceremony<br />
tomorrow, May 15. This year, the special<br />
ceremonial parade will feature 200 mounted police<br />
<strong>of</strong>ficers on horseback from all over North<br />
<strong>America</strong>. The <strong>of</strong>ficers are in Washington to honor<br />
their fellow <strong>of</strong>ficers who lost their lives in 2001 in<br />
the line <strong>of</strong> duty, including those who lost their lives<br />
in the tragic events <strong>of</strong> Sept. 11. Rosecr<strong>of</strong>t Raceway<br />
will be home from May 11 through May 16 to<br />
the equine parade participants. The mounted police<br />
units will leave Rosecr<strong>of</strong>t in parade fashion at<br />
7:30 a.m. tomorrow and make the journey into<br />
Washington, D.C. Their route will take them onto<br />
the Washington Beltway to I-295 North. The uniformed<br />
riders will then proceed into the city via<br />
the 7th street exit <strong>of</strong>f <strong>of</strong> I-395.<br />
TODAY’S DURABILITY NOTE<br />
Speed Pine, one <strong>of</strong> only a handful <strong>of</strong> 14-year-old<br />
horses still racing, posted his 90th career win last<br />
Wednesday at HTA member Pompano Park in<br />
Pompano Beach, Florida, leading from start to finish<br />
in the track’s 11th race. Driven by Bruce<br />
Ranger, Speed Pine covered the mile in 2:00.3 for<br />
his sixth win <strong>of</strong> the year. The race was Speed Pine’s<br />
304th career start. A gelding by Nearly Perfect,<br />
Speed Pine is trained by Jake Huff and is owned<br />
by Rosalie Huff and Gary Berbere <strong>of</strong><br />
Deerfield Beach.
HARNESS TRACKS OF AMERICA<br />
Executive Newsletter<br />
A daily fax and e-mail report on racing and gaming developments in North <strong>America</strong> and beyond<br />
Stanley F. Bergstein, Editor<br />
CHANGE TO IHA PROPOSED<br />
Congressman Frank Pallone (D-NJ) has introduced<br />
legislation that would fundamentally alter<br />
the Interstate Horseracing Act (IHA). The bill,<br />
entitled the “Live Horseracing Protection Act <strong>of</strong><br />
<strong>2002</strong>,” would amend the IHA to require an additional<br />
consent, that <strong>of</strong> the “<strong>of</strong>f-track horsemen’s<br />
group,” under the federal law before an interstate<br />
<strong>of</strong>f-track wager could be accepted. The new consent<br />
would be in addition to those <strong>of</strong> the host<br />
horsemen’s group, the host racing commission and<br />
the <strong>of</strong>f-track racing commission which are currently<br />
required under the IHA. The bill defines the “<strong>of</strong>ftrack<br />
horsemen’s group” to mean: “The breedspecific<br />
group representing the majority <strong>of</strong> owners<br />
and trainers in an <strong>of</strong>ftrack State that corresponds<br />
to the breed <strong>of</strong> horse in the races subject<br />
to the interstate <strong>of</strong>f-track wager on any racing<br />
day.” The proposed legislation also makes the <strong>of</strong>ftrack<br />
horsemen’s group eligible for damages for<br />
violations <strong>of</strong> the IHA and adds them to the group<br />
that may bring a civil action for violations. Congressman<br />
Pallone did not <strong>of</strong>fer any introductory<br />
remarks explaining the purpose <strong>of</strong> the legislation.<br />
The bill has been referred to the House Commerce<br />
Committee. For a copy <strong>of</strong> the bill visit the HTA<br />
Web site at www.harnesstracks.com or call the HTA<br />
<strong>of</strong>fices at 520-529-2525.<br />
SENECAS APPROVE CASINOS<br />
The Seneca Nation <strong>of</strong> Indians on Tuesday voted<br />
“yes” to casinos in western New York by a margin<br />
<strong>of</strong> 101 votes. The vote was 1,077 in favor and 976<br />
against signing the casino compact with New York<br />
state. The compact will allow the Senecas to operate<br />
up to three casinos in western New York. Seneca<br />
President Cyrus Schindler said the tribal council<br />
will move quickly to finalize the 14-year<br />
compact with Gov. George Pataki and the<br />
U.S. Bureau <strong>of</strong> Indian Affairs.<br />
May 15, <strong>2002</strong><br />
AGA NOW BACKS NET BAN<br />
The casino gaming industry’s chief lobbying group<br />
abruptly switched course Tuesday and endorsed<br />
Rep. Bob Goodlatte’s bill to prohibit Internet gambling,<br />
according to the Las Vegas Review-Journal.<br />
Frank Fahrenkopf, president <strong>of</strong> the <strong>America</strong>n<br />
Gaming Association, said the group will support<br />
the ban because <strong>of</strong> two changes the congressman<br />
made at the AGA’s request. “Fundamentally, he<br />
has met all our concerns,” Fahrenkopf said. The<br />
most significant change to the legislation addresses<br />
the AGA’s concern that Goodlatte’s bill would infringe<br />
on state regulation <strong>of</strong> gambling. Under the<br />
revised version, if a state ever legalizes Internet<br />
gambling, it would be allowed to take bets over<br />
the Web from residents in other states that also<br />
permit online wagering. The other change would<br />
allow Nevada sports books to continue common<br />
pooling bets on horse races in other states. Without<br />
that revision, Fahrenkopf said, casinos would<br />
be at a disadvantage to the horse racing industry,<br />
which has an exemption from the Goodlatte bill.<br />
“Candidly, we prepared the (revised) language on<br />
common pool wagering,” Fahrenkopf said. “On the<br />
states’ rights issue, we think each state should have<br />
the right to determine what goes on within its borders.”<br />
FELONY COUNTS IN KANSAS<br />
Richard J. Boushka, former co-owner <strong>of</strong> The<br />
Woodlands racetrack in Kansas, has been indicted<br />
in Wichita on 61 felony counts, many <strong>of</strong> which allege<br />
he falsified loan documents. Boushka was an<br />
original partner in The Woodlands, owning 40 percent<br />
<strong>of</strong> the track from the time it was built until<br />
1994. An audit released in 1995 showed that during<br />
the years he was a partner, Boushka made<br />
more than $12 million in salary, consulting fees,<br />
Woodlands stock dividends and Hollywood Park<br />
stock holdings.
HARNESS TRACKS OF AMERICA<br />
Executive Newsletter<br />
A daily fax and e-mail report on racing and gaming developments in North <strong>America</strong> and beyond<br />
Stanley F. Bergstein, Editor<br />
REJECTION AGAIN IN ILLINOIS<br />
The Illinois Gaming Board has rejected a $330<br />
million <strong>of</strong>fer from Emerald Casino <strong>Inc</strong>. to settle<br />
the dispute over the company’s stalled effort to<br />
open a casino in Rosemont, according to the Chicago<br />
Sun-Times. Emerald asked the Board to let<br />
MGM Mirage buy out Emerald for $615 million,<br />
with $330 million from those proceeds to be paid<br />
to the state, and operate a casino in Rosemont.<br />
“We expected that the gaming board would reject<br />
the $330 million <strong>of</strong>fer and then there would be further<br />
negotiations,” Larry Suffredin, one <strong>of</strong> MGM<br />
Mirage’s attorneys told the Sun-Times. Gene<br />
O’Shea, spokesman for the gaming board, said the<br />
state agency will continue to negotiate with Emerald.<br />
The effort to open a casino in the Chicago suburb<br />
appears headed to an appeal before an administrative<br />
law judge.<br />
CASINO COULD PAY $1M FINE<br />
Belterra Casino could face more than $1 million in<br />
fines and possible probation following complaints<br />
that the Ohio River casino arranged for prostitutes<br />
to entertain wealthy gamblers, according to a report<br />
in the Merrillville Post-Tribune. The Indiana<br />
Gaming Commission held a hearing on the allegations<br />
Monday at Harrah’s Casino in East Chicago.<br />
Jack Thar, the commission’s executive director,<br />
said a company <strong>of</strong>ficial brought prostitutes from<br />
California on his private plane for a golf outing<br />
last June. Belterra is owned by California-based<br />
Pinnacle Entertainment. Company <strong>of</strong>ficials reportedly<br />
<strong>of</strong>fered to pay $1 million in fines to settle the<br />
complaint, but Thar suggested the final deal would<br />
be more expensive an could involve probation for<br />
the casino. Belterra, which opened in October<br />
2000, is one <strong>of</strong> seven casinos owned by Pinnacle.<br />
The investigation by commission staff and the Indiana<br />
State Police came in April after two<br />
female employees alleged that a casino<br />
<strong>of</strong>ficial told them to entice wealthy men on a<br />
May 16, <strong>2002</strong><br />
golf outing into the casino. They said the casino<br />
provided the golfers with eight to 12 prostitutes.<br />
The gaming commission also Monday gave tentative<br />
approval to an agreement that will force<br />
Pinnacle’s founder and former chairman, R.D.<br />
Hubbard, to pay a $740,000 fine and give up his<br />
license to operate a casino in Indiana. Pinnacle<br />
underwent a management shake-up last week in<br />
which Daniel R. Lee replaced both chief executive<br />
<strong>of</strong>ficer Paul Alanis and Hubbard.<br />
VERNON DOWNS BOARD GAMES<br />
Six board members appointed by Las Vegas investor<br />
Shawn Scott, who recently loaned the track<br />
$8.5 million, were asked by the state to vacate their<br />
positions. According to SEC filings and racetrack<br />
President Justice Cheney, directors were asked<br />
to vacate their positions because <strong>of</strong> an order that<br />
was slapped on the track concerning Scott. A release<br />
from the state’s Racing and Wagering Board<br />
stated that participation by individuals or entities<br />
associated with Scott would result in termination<br />
<strong>of</strong> the temporary license granted to Vernon in<br />
April. On July 6, the racing board will announce<br />
whether or not they will grant Scott a license to<br />
operate racing and gaming facilities in New York<br />
based on the results <strong>of</strong> their investigation <strong>of</strong> him.<br />
“We will not fill the vacancies until the racing and<br />
wagering board makes a decision whether to license<br />
Scott or not,” Cheney told the Oneida Dispatch.<br />
In other news from the Empire State, a plan for<br />
the state to give racetracks a greater share <strong>of</strong> proceeds<br />
from VLTs is collapsing in state budget talks,<br />
according to an article in the Buffalo News.<br />
Sources close to the negotiations said the sides in<br />
the talks could not decide from which pot <strong>of</strong> funds<br />
the proposed additional five percent in revenue to<br />
tracks should come.
HARNESS TRACKS OF AMERICA<br />
Executive Newsletter<br />
A daily fax and e-mail report on racing and gaming developments in North <strong>America</strong> and beyond<br />
Stanley F. Bergstein, Editor<br />
HELP FOR TRACKS IN NY?<br />
New York lawmakers yesterday approved an $89<br />
billion budget for the state. As part <strong>of</strong> the budget,<br />
lawmakers agreed to extend the franchise <strong>of</strong> the<br />
New York Racing Association (NYRA) for an extra<br />
five years, through 2012, contingent on NYRA<br />
having VLTs up and running at Aqueduct by next<br />
April. The agreement also extends the initial approval<br />
period for VLTs at all tracks until Dec. 31,<br />
2007, up from the original three-year period approved<br />
earlier. One potentially important provision<br />
in the budget legislation will permit any track<br />
in the state to enter “into an agreement with its<br />
horsemen’s organization to reduce the percentage<br />
<strong>of</strong> [the horsemen’s] fee dedicated to enhancing<br />
purses at such track during the initial three years<br />
<strong>of</strong> participation by such track.” The revenue from<br />
the reduction then could be added to the track’s<br />
share and used to help fund casino construction at<br />
the tracks.<br />
IMPACT OF TRIBAL CASINOS<br />
Finally, somebody has produced a complete picture<br />
<strong>of</strong> the <strong>America</strong>n Indian gaming industry. What<br />
it shows, in a nutshell, is that last year 212 tribes<br />
operated 340 gaming facilities in 30 states. The<br />
casinos paid $5.5 billion in wages to 298,000 employees<br />
out <strong>of</strong> $11.9 billion in gaming revenue and<br />
$1.2 billion in nongaming revenue. “The (total combined)<br />
revenue was $13 billion. However, when you<br />
look at the multipliers and indirect effects, it comes<br />
to $32 billion, so a large portion <strong>of</strong> the whole business<br />
is benefiting not just the tribes, but also benefiting<br />
the whole economy,” said Alan Meister,<br />
author <strong>of</strong> “The Economic Impact <strong>of</strong> Indian Gaming<br />
in the United States.” Meister is a Californiabased<br />
economist with InteCap, a consulting firm<br />
that specializes in economic and valuation issues.<br />
Meister said his study was neither funded<br />
nor sponsored by any pro- or anti-gambling<br />
interest.<br />
May 17, <strong>2002</strong><br />
GEMSTAR EXECS RESIGN<br />
Four Gemstar-TV Guide International <strong>Inc</strong>. executives<br />
resigned to join the company’s former cochief<br />
operating <strong>of</strong>ficer, Peter Boylan, at a new interactive<br />
television company, the Wall Street Journal<br />
reported. Mark Allen, one <strong>of</strong> the departing<br />
executives, was in charge <strong>of</strong> licensing Gemstar’s<br />
“interactive program guide” technology to cable<br />
operators, the paper said. Corporate development<br />
executive Toby DeWeese, Chief Technology Officer<br />
William Thomas and Senior Vice President<br />
Craig Wagge also resigned, the paper said. They<br />
all worked closely with Boylan, who now heads<br />
Liberty Broadband Interactive Television <strong>Inc</strong>. The<br />
Tulsa, Oklahomabased company, which is backed<br />
by John Malone’s Liberty Media Corp., plans to<br />
<strong>of</strong>fer interactive services to the cable television<br />
and satellite industries.<br />
ARIZ. GOV. WANTS SESSION ENDED<br />
Arizona Gov. Jane Hull called Thursday for the<br />
legislature to end its special session on Indian gaming,<br />
but lawmakers are pressing ahead with their<br />
deliberations. Hull and 17 tribes have negotiated<br />
a deal to extend casino operation agreements for<br />
up to 29 years. Legislators have been considering<br />
a bill with those provisions for the past six weeks.<br />
The Senate passed it without the two-thirds majority<br />
necessary to protect it from a referendum<br />
election. It is still pending in the House. Without<br />
approval from the legislature this week, Hull said<br />
new casino agreements could not obtain needed<br />
approvals from the U.S. District Court and the U.S.<br />
Dept. <strong>of</strong> the Interior before the deadline for filing<br />
signatures to place an initiative on the fall ballot.<br />
“The Legislature has failed to act and it is now<br />
time for the tribes to pursue other options,” Hull<br />
wrote in a letter to legislators. “The people <strong>of</strong> Arizona<br />
will make the final decisions on November<br />
and I trust them to make a good one.”
HARNESS TRACKS OF AMERICA<br />
Executive Newsletter<br />
A daily fax and e-mail report on racing and gaming developments in North <strong>America</strong> and beyond<br />
Stanley F. Bergstein, Editor<br />
PRICE OF POOL GOING UP<br />
VLTs and slots may level the playing field, which<br />
usually is cited as the reason for their need, but<br />
the price <strong>of</strong> acquiring them is going up. Last week<br />
the Illinois Gaming Board turned down an <strong>of</strong>fer <strong>of</strong><br />
$330 million to allow the owners <strong>of</strong> the stalemated<br />
Emerald Casino to sell its license to MGM/Mirage.<br />
Now come the Wampanoags <strong>of</strong> Massachusetts,<br />
<strong>of</strong>fering the state up to $100 million as an<br />
upfront cash advance if it will allow them to build a<br />
giant Indian casino in southeastern Massachusetts<br />
as a buffer to the exodus <strong>of</strong> citizens <strong>of</strong> that state<br />
who travel to neighboring Connecticut to gamble<br />
in the two hugely successful Indian casinos there.<br />
The Wampanoags are pointing out to legislators<br />
that Connecticut has a budget shortfall <strong>of</strong> only<br />
$200 million or so, while Massachusetts has one<br />
in the $2 billion range. The outlook for the<br />
Wampanoags, however, does not appear much<br />
brighter than for the four race tracks in Massachusetts,<br />
which saw their bid for VLTs shot down<br />
in the legislature in recent days. The<br />
Wampanoags, while <strong>of</strong>fering the $100 million<br />
upfront to help the state while they build their casino,<br />
estimate annual taxes from the venture would<br />
produce more than $200 million a year once up<br />
and operating. The chairman <strong>of</strong> the Massachusetts<br />
House’s powerful Government Regulations<br />
committee, Rep. Daniel Bosley, takes a dim view<br />
<strong>of</strong> the proposal. He told the Boston Herald that<br />
the Wampanoag <strong>of</strong>fer “sounds like a bad movie<br />
where you borrow money from the gambling interests<br />
and they come after you later when you don’t<br />
pay.” It would seem he either sees too many mob<br />
movies or too many Westerns. A more credible<br />
source, the Rev. Richard McGowan, a Boston College<br />
pr<strong>of</strong>essor called “a gaming expert” by the<br />
Herald says he doubts a Massachusetts casino<br />
would do as well as those in Connecticut.<br />
“In economics,” McGowan says, “it is<br />
what we call the first mover advantage.”<br />
May 20, <strong>2002</strong><br />
EPO ‘PROHIBITED SUBSTANCE’<br />
In a welcome move in the right direction, the board<br />
<strong>of</strong> the Association <strong>of</strong> Racing Commissioners recently<br />
announced a drug classification change <strong>of</strong><br />
significance. Under a heading <strong>of</strong> “Prohibited Practices,”<br />
the RCI announced that possession or use<br />
<strong>of</strong> erythoropoietin and its derivative darbepoetin<br />
now fall into that category. The two controversial<br />
drugs are prohibited under a rule change covering<br />
“The possession and/or use <strong>of</strong> a drug, substance<br />
or medication, on the premises <strong>of</strong> a facility under<br />
the jurisdiction <strong>of</strong> the regulatory body for which a<br />
recognized analytical method has not been developed<br />
to detect and confirm the administration <strong>of</strong><br />
such a substance; or the use <strong>of</strong> which may endanger<br />
the health and welfare <strong>of</strong> the horse or endanger<br />
the safety <strong>of</strong> the rider or driver, or the use <strong>of</strong><br />
which may adversely affect the integrity <strong>of</strong> racing.”<br />
Now for the next, and urgent, step: to develop<br />
“a recognized analytical method” to detect<br />
the two prohibited substances.<br />
ELSEWHERE ON THE TRAIL<br />
While the rest <strong>of</strong> the country struggles toward unanimity<br />
in medication rules, 6 <strong>of</strong> the 13 horses in<br />
the PREAKNESS ran on “adjunct bleeder medications”<br />
allowed in Maryland......After $4 million<br />
in renovations to the 128-year-old RED MILE,<br />
managing partner Joe Costa says “We’re ready<br />
to cook.” In addition to a new $1 million lighting<br />
system, the track has new underground audio/visual<br />
wiring and transformers, a new track surface,<br />
repaired fences, a paved parking lot, ro<strong>of</strong> renovations<br />
and other infrastructure improvements.<br />
Opening weekend drew 6,000, compared to 2,225<br />
last spring......SUFFOLK OTB president Mea<br />
Knapp said “we smiled when we saw the bid,” after<br />
selling a long-vacant OTB in Patchogue for $1.7<br />
million....veteran tote executive KEVIN O’KEEFE<br />
is retiring May 31 as executive VP and CEO<br />
<strong>of</strong> United Tote.
HARNESS TRACKS OF AMERICA<br />
Executive Newsletter<br />
A daily fax and e-mail report on racing and gaming developments in North <strong>America</strong> and beyond<br />
Stanley F. Bergstein, Editor<br />
CLASSIC MATCHUP IN ELITLOPP<br />
The two biggest names in world trotting last year -<br />
- Varenne <strong>of</strong> Italy, winner <strong>of</strong> the 2001 Breeders<br />
Crown for older trotters, and Scarlet Knight,<br />
Sweden’s winner <strong>of</strong> the 2001 Hambletonian -- have<br />
drawn into separate eliminations for the May 25<br />
Elitlopp at Solvalla in Stockholm, and are likely to<br />
meet for the first time in the final <strong>of</strong> the rich Swedish<br />
classic. Both world leaders are by <strong>America</strong>n<br />
sires, Varenne being by Waikiki Beach and Scarlet<br />
Knight being a son <strong>of</strong> Pine Chip, and both have<br />
become national sports heroes in their countries.<br />
The race will be simulcast in North <strong>America</strong> through<br />
a hub at Hippodrome de Montreal, and details can<br />
be obtained from Yvon Giguere at 514-739-2741,<br />
or by e-mail at ygiguere@total.net.<br />
MARYLAND SALE “NEAR”<br />
Although the parties are saying little, both the<br />
Baltimore Sun and Washington Times are reporting<br />
that the purchase <strong>of</strong> the Maryland Jockey<br />
Club’s Pimlico and Laurel operations by Magna<br />
Entertainment is in an advanced negotiation stage,<br />
and that Magna is close to buying the properties<br />
for $105 million. The reports say that the role <strong>of</strong><br />
Maryland Jockey Club president Joe DeFrancis<br />
and his sister Karin, who is senior vice president<br />
<strong>of</strong> the operation, is a sticking point, but that minority<br />
partners Leucadia National corporation and<br />
well-known harness horse owner Lou Guida both<br />
would sell to Magna. Maryland Racing Commission<br />
approval also is required with 15-day notice<br />
<strong>of</strong> the proposed sale, and although one member <strong>of</strong><br />
the 9-man commission has expressed displeasure<br />
with Magna, it seems likely commission approval<br />
would be forthcoming. This is not the first time<br />
DeFrancis has been close to selling the tracks,<br />
however, and there is no assurance that the deal<br />
will close now. A sale would give Magna<br />
another important link in its ambitious simulcast<br />
network plans.<br />
May 21, <strong>2002</strong><br />
IN CHICAGO, GLOVES COME OFF<br />
Now the fun really gets underway. The Illinois<br />
Gaming Board begins opening arguments this<br />
week in Chicago, defending its decision not to allow<br />
the Emerald Casino to move forward with its<br />
plans in suburban Rosemont. The hearing before<br />
an administrative law judge in the chambers <strong>of</strong> the<br />
state Supreme Court in downtown Chicago, has<br />
taken some strange turns. It originally was requested<br />
by Emerald <strong>of</strong>ficials, but faced with what<br />
the Chicago Tribune calls “a string <strong>of</strong> embarrassing<br />
revelations,” Emerald’s lawyers have been trying<br />
to stop the hearing with appeals and legal maneuvers,<br />
and are calling the proceedings “a kangaroo<br />
court.” The gaming board, for its part, appears<br />
ready to produce witnesses and documents<br />
that could uphold its chairman’s charge that the<br />
case “presents one <strong>of</strong> the more striking examples<br />
<strong>of</strong> misconduct by a regulated entity to be found in<br />
the recent annals <strong>of</strong> Illinois business history.” A<br />
deal could cut the festivities short, but it seems<br />
more likely that the board now will plow ahead.<br />
LIVELY TIMES IN ARIZONA, TOO<br />
The Arizona House <strong>of</strong> Representatives was set to<br />
vote today on whether the state’s 17 Indian tribes<br />
get legislative approval for gaming agreements,<br />
and it is certain it will be an all-out battle. The<br />
tribes won a preliminary vote last night, but they<br />
were 10 votes short <strong>of</strong> the 40 needed to pass the<br />
bill, and its floor leader said, “It’s going to be a<br />
long night tonight to get the 40 votes.” The Indians<br />
and two other groups, one supported by Gov.<br />
Jane Hull, are circulating petitions to put the Indian<br />
gaming issue on the ballot Nov. 5.<br />
NO SLOTS FOR MONTICELLO?<br />
That’s what the Middletown Times Herald-Record<br />
says, reporting that the Bureau <strong>of</strong> Indian Affairs<br />
will support the Mohawk faction that prefers<br />
Kutshers Sports Academy nearby, backed<br />
by Park Place Entertainment.
HARNESS TRACKS OF AMERICA<br />
Executive Newsletter<br />
A daily fax and e-mail report on racing and gaming developments in North <strong>America</strong> and beyond<br />
Stanley F. Bergstein, Editor<br />
WAPLES BACK, ON WEG TERMS<br />
After five months <strong>of</strong> exile -- four <strong>of</strong> it self-imposed<br />
-- Canada’s leading driver, Randy Waples, returns<br />
to Woodbine tomorrow when night action returns<br />
to the huge Toronto track. Waples was suspended<br />
for 30 days last December for abusive behavior in<br />
the Woodbine paddock, and the ban was continued<br />
when Waples refused to sign an agreement<br />
promising civil behavior in the future. He not only<br />
refused to sign, but filed an $11 million suit against<br />
Woodine Entertainment. Suffering serious financial<br />
loss and legal expense, Waples now has agreed<br />
to Woodbine’s terms, and has withdrawn the lawsuit.<br />
He has not driven at Woodbine or its sister<br />
WEG track Mohawk in <strong>2002</strong>. Last year he won a<br />
record 417 races at the two tracks, and piloted the<br />
winners <strong>of</strong> more than $10 million in purse money.<br />
With the million dollar North <strong>America</strong> Cup for 3-<br />
year-old pacers and other rich races coming up in<br />
Woodbine’s summer meeting and the Mohawk<br />
meeting that follows, Waples apparently decided<br />
it was too costly to continue the Randy Rebellion.<br />
GOOD NEWS IN PENNSYLVANIA<br />
At least half good news. Ed Rendell, the former<br />
mayor <strong>of</strong> Philadelphia, yesterday cashed in on<br />
record support from his home base in southeastern<br />
Pennsylvania and won the Democratic nomination<br />
for governor. He will face Republican attorney<br />
general Mike Fisher in November. Rendell<br />
swept past his primary opponent, auditor general<br />
Bob Casey Jr., by garnering four out <strong>of</strong> every five<br />
votes cast in his Philadelphia area, which produced<br />
the biggest voter turnout in decades. Rendell has<br />
promised to lower property taxes and raise state<br />
funding for education, and has said he will pay for<br />
those goals by putting 15,000 slot machines at<br />
Pennsylvania’s five horse tracks, doubling the<br />
cigarette tax and cutting government<br />
waste.<br />
May 22, <strong>2002</strong><br />
THAT’S OUR LINE, FRANK<br />
Frank Fahrenkopf, president <strong>of</strong> the <strong>America</strong>n<br />
Gaming Association representing Las Vegas and<br />
other casinos, says he has reached agreement with<br />
Rep. Bob Goodlatte that will enable the AGA to<br />
support Goodlatte’s proposed Internet gambling<br />
ban. Fahrenkopf, in explaining the agreement,<br />
sounded like he was speaking for racing as well.<br />
“You’ve got to fundamentally remember,” he said,<br />
“that under our constitution, under the 10th amendment,<br />
each state has the right to make a determination<br />
as to what type <strong>of</strong> gambling they are going<br />
to have within their state borders and how they’re<br />
going to regulate it and how they’re going to tax it.<br />
What the Goodlatte bill did went against that because<br />
it was fundamentally saying that even if two<br />
states decided that they wanted to have Internet<br />
gambling, to license and control, they wouldn’t be<br />
allowed to.” Thanks for speaking up, Frank.<br />
PRAIRIE GETS 8-YEAR LEASE<br />
It appears the bickering and stalemate over a lease<br />
at Prairie Meadows Racetrack and Casino in<br />
Altoona, Iowa, is over. The Racing Association <strong>of</strong><br />
Central Iowa, which runs the track owned by Polk<br />
county, is expected to sign an 8-year lease this<br />
afternoon, after county supervisors yielded to demands<br />
<strong>of</strong> Vision Iowa, a state board that is building<br />
to assure getting the money to go forward. The<br />
lease will give the county $20 million a year for<br />
the first five years Some interesting quotes came<br />
from the negotiations. After a community activist<br />
said the county supervisors’ insistence on building<br />
the Events Center was “tinged with self-interest<br />
and corruption,” one supervisor responded,<br />
“I’ve seen egomaniacs. I’ve seen bad decisions.<br />
I’ve seen people who are not too smart. But I<br />
haven’t seen corruption. What we do is what we<br />
think is for the best.” Come to think <strong>of</strong> it, that<br />
might be a good inscription to hang on the<br />
halls <strong>of</strong> Congress. .
HARNESS TRACKS OF AMERICA<br />
Executive Newsletter<br />
A daily fax and e-mail report on racing and gaming developments in North <strong>America</strong> and beyond<br />
Stanley F. Bergstein, Editor<br />
INDY PULL TABS GET A BOOST<br />
Electronic pull-tabs, which Hoosier Park and Indianapolis<br />
Downs are counting on to provide substantial<br />
income, got a first step boost yesterday<br />
when the Indiana House Ways and Means Committee<br />
passed a measure including the pull-tabs,<br />
19 to 6. The chairman <strong>of</strong> the committee, Democrat<br />
B. Patrick Bauer, had his troops well in hand,<br />
and 16 <strong>of</strong> them voted for the measure. Bauer presided<br />
over four days <strong>of</strong> hearings on the bill, which<br />
also addresses dockside gambling and a casino for<br />
French Lick and increases in sales, cigarette and<br />
gambling taxes, and had warned that he needed<br />
Republican help to get it through the committee.<br />
He got it, with 3 Republicans joining to pass the<br />
measure. Bauer had told his committee, “I think<br />
it’s time to move the train out <strong>of</strong> the station,” and<br />
it now goes to the floor <strong>of</strong> the full House when that<br />
body returns June 3 after a Memorial Day holiday<br />
recess. If the bill passes the House, where it<br />
also needs Republican support, and ultimately<br />
becomes law, it will provide up to 700 pull-tab machines<br />
for Hoosier Park and Indianapolis Downs<br />
and two Indianapolis OTBs.<br />
AZ HOUSE KILLS GOV’S BILL<br />
An irate governor Jane Hull lashed out at legislators<br />
last night after the Arizona House <strong>of</strong> Representatives<br />
killed her bill that would have expanded<br />
gambling at 17 reservations in the state. The bill<br />
failed to win even a simple majority, falling 28-25<br />
in the 60-member House, with 7 members absent.<br />
“This bill wasn’t defeated,” Gov. Hull said, “it was<br />
mugged by track lobbyists who want casino gaming<br />
to spread <strong>of</strong>f the reservation.” With the bill<br />
dead, the decision now will rest with the voters <strong>of</strong><br />
Arizona next November. Those voters and their<br />
elected representatives <strong>of</strong>ten have disagreed in<br />
the past, with the legislature disregarding<br />
their expressed will and proceeding on its<br />
own. The tribes are organizing for a major<br />
push in the fall.<br />
May 23, <strong>2002</strong><br />
DOGS FACE ANOTHER SCANDAL<br />
Greyhound racing has another major problem on<br />
its hands, after the remains <strong>of</strong> as many as 2,000<br />
racing dogs were found on a farm in Lillian, Alabama,<br />
and the owner said he has been paid to kill<br />
dogs for 40 years. The Humane Society <strong>of</strong> the<br />
United States has called for a state investigation,<br />
and an HSUS spokesman said, “The greyhound<br />
racing industry has vehemently denied its involvement<br />
in the disposal <strong>of</strong> unwanted animals for years.<br />
This case <strong>of</strong>fers the best opportunity yet to investigate<br />
potential ties between the industry and the<br />
cruel and illegal killing <strong>of</strong> greyhound dogs.” Robert<br />
Rhodes, who admits shooting the dogs, says<br />
he killed animals brought to him by greyhound<br />
trainers for 40 years, shooting them for $10 each.<br />
One <strong>of</strong>ficial called his farm “a Dachau for dogs.”<br />
Pensacola Greyhound’s racing director notified authorities<br />
<strong>of</strong> rumors <strong>of</strong> the mass killings. The Humane<br />
Society, acknowledging that fact, said that it<br />
suspects ties between track <strong>of</strong>ficials and Rhodes,<br />
saying “It’s inconceivable to think that this had<br />
been going on for years without track <strong>of</strong>ficials having<br />
knowledge <strong>of</strong> the fate <strong>of</strong> thousands <strong>of</strong> dogs.”<br />
A Humane Society senior vice president called the<br />
incident “the ugly underbelly <strong>of</strong> the greyhound<br />
racing industry,” and said the HSUS was asking<br />
Florida governor Jeb Bush to veto legislation favorable<br />
to greyhound racing.<br />
MILTON ROVINE DIES AT 81<br />
Milton Rovine, a major owner and breeder in harness<br />
racing in the late 1970s and 1980s, has died<br />
at 81 after a long illness. Rovine’s Shady Stable<br />
partnerships introduced scores <strong>of</strong> new owners to<br />
the sport, and campaigned such good Meadowlands<br />
performers as Keystone Sixty, Glen<br />
Almahurst and Tuff Choice. His horses were<br />
trained at his Shady View Farm in Middletown,<br />
Delaware, by his son David, now director <strong>of</strong><br />
marketing at Gulfstream Park in Florida.
HARNESS TRACKS OF AMERICA<br />
Executive Newsletter<br />
A daily fax and e-mail report on racing and gaming developments in North <strong>America</strong> and beyond<br />
Stanley F. Bergstein, Editor<br />
STRIKE AT HAWTHORNE?<br />
Larry Hamel, writing in today’s Chicago Sun-<br />
Times, reports that the Illinois <strong>Harness</strong><br />
Horsemen’s Association is threatening a strike <strong>of</strong><br />
the revived harness meeting at Hawthorne Race<br />
Course, due to open a 37-night meeting on June 7.<br />
Quoting the IHHA’s lead negotiator, driver Tony<br />
Morgan, Hamel says the issue is over Hawthorne’s<br />
earlier guarantee <strong>of</strong> $116,000 a night in purses.<br />
Illinois’purse recapture law, which rebates money<br />
to tracks, could be in danger because <strong>of</strong> a state<br />
budget crisis, and Hamel speculates that if that<br />
happened, Hawthorne might lose more than<br />
$200,000 in the last 13 nights <strong>of</strong> its meeting. Morgan<br />
contends that Hawthorne and the IHHA had<br />
agreed on $116,000 a night regardless <strong>of</strong> recapture<br />
or any other developments.<br />
THE EMERALD CASINO, AGAIN<br />
Like a long-running soap opera, only with hundreds<br />
<strong>of</strong> millions at stake, the Emerald Casino fiasco in<br />
Chicago took another turn yesterday, with the lawyer<br />
for Emerald’s investors saying they have<br />
agreed to sell out for no pr<strong>of</strong>it, which would mean<br />
the state could reap up to $500 million if it allowed<br />
the sale. Under the proposed deal, according to<br />
the Chicago Tribune, shareholders in the venture<br />
not accused <strong>of</strong> any wrongdoing would divide $13<br />
million in pr<strong>of</strong>its in addition to getting back their<br />
original investment <strong>of</strong> roughly $52 million. Illinois’<br />
attorney general, Jim Ryan, reacted to the effort,<br />
which still would locate the casino in suburban<br />
Rosemont, by calling the Rosemont effort “a<br />
tainted deal” and promising to take legal action to<br />
block any settlement that might be negotiated before<br />
the start <strong>of</strong> a long-delayed hearing, now scheduled<br />
to start next Wednesday. Ryan reportedly<br />
wants to examine allegations <strong>of</strong> wrongdoing against<br />
top Emerald <strong>of</strong>ficials, notably former<br />
Waste Management executive Donald<br />
Flynn and his son Kevin.<br />
May 24, <strong>2002</strong><br />
ON THE BUSY TRACK BEAT<br />
TOM CHOLAKIS, president and CEO <strong>of</strong> HTA’s<br />
associate member Capital District Regional OTB,<br />
based in Schenectady, NY, has announced he plans<br />
to retire at the end <strong>of</strong> the year after five pr<strong>of</strong>itable<br />
years <strong>of</strong> running the OTB operation. Cholakis said,<br />
“I’m sailing <strong>of</strong>f into the sunset,” to spend more<br />
time with his wife Kathy, who has been wintering<br />
in Florida for three years. A search committee<br />
has been named, according to OTB chairman<br />
James Accattato, with a salary in the $115,000 to<br />
$125,000 range. Accattato said that under<br />
Cholakis’ regime Capital handle rose from $216<br />
million to $229.4 million, and the share to the 17<br />
communities served by the OTB rose from $5 million<br />
to $9.2 million.......Good news for<br />
ROSECROFT RACEWAY and OCEAN DOWNS<br />
and their horsemen. They will share in a $4.5 million<br />
windfall, instead <strong>of</strong> a lowered $3 million fund,<br />
as a result <strong>of</strong> a Wednesday meeting in which it<br />
was agreed that the full amount originally earmarked<br />
for purses by the Maryland legislature<br />
would be made available to Maryland’s tracks July<br />
1........Under the revised eight-year lease negotiated<br />
by and for PRAIRIE MEADOWS RACE-<br />
TRACK AND CASINO, Polk county, which owns<br />
the track property, will receive $147 million during<br />
the next eight years. It is the third version <strong>of</strong><br />
the lease, which has been adjusted and revised for<br />
the last two months......MAGNA ENTERTAIN-<br />
MENT and POMONA FAIRPLEX have agreed<br />
to move the 17-day Los Angeles County Fair thoroughbred<br />
meeting to Santa Anita, subject to California<br />
Horse Racing Board approval. If approved<br />
at the board’s June 6 meeting, it will mark the end<br />
<strong>of</strong> 63 seasons <strong>of</strong> racing at Pomona. Hollywood<br />
Park, which failed to reach agreement earlier with<br />
Pomona, says it will oppose the<br />
transfer......Business Week reports rumors that<br />
DOVER DOWNS may be the target <strong>of</strong> a<br />
buyout bid by MAGNA or PARK PLACE.
HARNESS TRACKS OF AMERICA<br />
Executive Newsletter<br />
A daily fax and e-mail report on racing and gaming developments in North <strong>America</strong> and beyond<br />
Stanley F. Bergstein, Editor<br />
MAGEE BIG MAN IN MONTREAL<br />
Dave Magee is a longtime hero to harness racing<br />
fans in Chicago, and now he is known and respected<br />
by followers <strong>of</strong> the sport in Montreal as<br />
well. Magee, HTA’s Driver <strong>of</strong> the Year in 1994,<br />
won both eliminations Saturday night for this<br />
week’s $501,450 (Canadian) Prix de Montreal at<br />
Hippodrome de Montreal. Catch-driving Henry<br />
Clay for regular driver Andy Miller, Magee sizzled<br />
home in 1:51.3, and then returned with his regular<br />
mount Mini Me to win the second elimination in<br />
1:52.1. Henry Clay was winning for the fourth time<br />
in five starts this year. Mini Me chased home the<br />
season’s top-rated 3-year-old pacer, Mach Three,<br />
in two starts at the Meadowlands before Saturday<br />
night’s victory. The field for the half-million dollar<br />
race, in alphabetical order, is Armbro Wave,<br />
Ashlee’s Big Guy, Canbec Mustang, Five Card<br />
Cam, Henry Clay, Mini Me, Montego Angus, Red<br />
River Hanover, Third Straight and Up Front Western.<br />
VARENNE HOT, BUT NO CROWN<br />
The world’s greatest trotter, Varenne, captured his<br />
second straight Elitlopp in Stockholm yesterday,<br />
setting world records <strong>of</strong> 1:53.2 and 1:53 for a fiveeighths<br />
mile track in taking both his elimination<br />
and the final <strong>of</strong> the Swedish classic. His connections<br />
said their plans do not include a defense <strong>of</strong><br />
the Breeders Crown at the Meadowlands in July,<br />
shooting instead for a $1.9 million bonus if he can<br />
win all five World Cup trots this year. The Italian<br />
owned trotter, by the <strong>America</strong>n sire Waikiki Beach,<br />
is a hero in his home country, and already has the<br />
Prix d’Amerique in Paris, the Gran Premio della<br />
Lotteria in Milan, and now the Elitlopp, under his<br />
belt this year. He will start in the World Cup trot<br />
in San Siro, Milan in June, will race in Scandinavia<br />
in July and August, return to Paris for a<br />
major August race there, and then defend<br />
his Trot Mondial crown in Montreal Sept.<br />
28.<br />
May 27, <strong>2002</strong><br />
NEW BILL ‘CONCERNS’ HBPA<br />
Race tracks are not the only ones concerned about<br />
a bill, initiated by New Jersey thoroughbred horsemen<br />
wanting to amend the 1978 Interstate Horse<br />
Racing Act to require consent <strong>of</strong> a receiving track’s<br />
horsemen’s association. The national president<br />
<strong>of</strong> the Horsemen’s Benevolent and Protective Association,<br />
John Roark, also has expressed concern,<br />
saying that while he is all for live racing --<br />
which the New Jersey horsemen say is their primary<br />
motivation in getting Rep. Frank Pallone to<br />
introduce the bill -- the proposed amendment could<br />
give <strong>of</strong>f-track horsemen’s groups “a trump card”<br />
over horsemen at the originating host track. The<br />
bill has been referred to the House Subcommittee<br />
on Commerce, Trade and Consumer Protection.<br />
MAGNA ON THE MOVE, AGAIN<br />
Magna Entertainment is proposing another major<br />
racing/entertainment center, this one at the site <strong>of</strong><br />
its Golden Gate property in Albany and Berkeley,<br />
California. Magna is proposing replacing and relocating<br />
the Golden Gate stable area and building<br />
a 300,000 square-feet commercial, retail and entertainment<br />
facility; a 300,000 square-feet event<br />
center for 10,000; a new parking structure; and a<br />
100,000 square-feet expansion <strong>of</strong> its simulcasting<br />
facility. Hotels also could be part <strong>of</strong> the overall<br />
package. The proposal has triggered a review by<br />
the two communities that is expected to take two<br />
or three years.<br />
SUPREME COURT FOR COHEN?<br />
Jay Cohen, the former operator <strong>of</strong> an <strong>of</strong>f-track<br />
betting site in Antigua, has petitioned to have his<br />
1990 New York conviction on violation <strong>of</strong> the Interstate<br />
Wire Act reviewed by the United States<br />
Supreme Court. He has enlisted major legal aid,<br />
being represented by the powerful Washington<br />
D.C. law firm <strong>of</strong> Jenner and Block.
HARNESS TRACKS OF AMERICA<br />
Executive Newsletter<br />
A daily fax and e-mail report on racing and gaming developments in North <strong>America</strong> and beyond<br />
Stanley F. Bergstein, Editor<br />
CHICAGO MERGER ON TRACK<br />
The proposed merger <strong>of</strong> Sportsman’s Park and<br />
Hawthorne Race Course, the nation’s only backto-back<br />
racetracks, is progressing, according to<br />
Hawthorne’s director <strong>of</strong> operations, HTA director<br />
Tom Carey III. Carey told Jim O’Donnell <strong>of</strong> the<br />
Chicago Sun-Times that “everything is fluid, moving<br />
forward, the exchanges are all positive, and I<br />
am convinced we will move into the dates hearing<br />
as a single racing entity.” There still are significant<br />
hurdles to clear, however, including legislation<br />
to allow Sportsman’s National Jockey Club to<br />
retain certain tax entitlements, potential riverboat<br />
royalties and rights to OTB licenses in the Chicago<br />
area.<br />
TAKEOUT HIKE ABANDONED<br />
The idea <strong>of</strong> having California track patrons pay<br />
part <strong>of</strong> the cost <strong>of</strong> increased workers’ compensation<br />
premiums has been abandoned. Jack Liebau,<br />
director <strong>of</strong> Magna Entertainment’s racing operations<br />
at Santa Anita, Golden Gate Fields and Bay<br />
Meadows, said that strong negative reaction to<br />
the idea <strong>of</strong> increasing takeout has led to an alternative<br />
plan, diverting monies from funds already<br />
in existence for vanning and stabling and marketing.<br />
That idea requires legislative approval, however,<br />
and Blood-Horse reports Liebau as saying<br />
“It’s hard to get the legislature to hear us right<br />
now. They’ve got their attention on their own budget.”<br />
THE CATS MEOW AT POMPANO<br />
There will be a new type <strong>of</strong> fund raiser at Pompano<br />
Park tomorrow night, when vets, horse owners<br />
and track personnel compete in a 9 Lives miniature<br />
horse race to raise money for -- we’re serious<br />
-- cats on the backstretch. More than<br />
$1,000 has already been raised to pay vets<br />
to test, immunize, spay and neuter the cats.<br />
Kids will benefit, too, with free rides behind<br />
Pompano’s miniature horses.<br />
May 28, <strong>2002</strong><br />
BIG MAC ATTACK IN ONTARIO<br />
The McIntosh brothers -- Bob and Doug -- are<br />
raising havoc in Ontario stakes competition. Sunday<br />
at Windsor Raceway, Lady Graceful and Miss<br />
Frizzle, both trained by Bob McIntosh, finished 1-<br />
2 in the $130,000 Gold Series final for 3-year-old<br />
pacing fillies. Saturday, at Western Fair Raceway<br />
in London, Ryan Hall and Semper Fi Hall, both<br />
trained by Bob’s older brother Doug, finished 1-2<br />
in the $130,000 final for 3-year-old trotting colts.<br />
It’s a Cam Lie, trained by Bob, won a division <strong>of</strong><br />
the Ontario Grassroots Series for 3-year-old pacers<br />
yesterday at Dresden Raceway, and last Friday<br />
I’m a Camedian and Watering Hole, two more<br />
Bob McIntosh trainees, won Grassroots divisions<br />
at Elmira Raceway. While all <strong>of</strong> this was going on,<br />
Trainforthefuture, also trained by Bob McIntosh,<br />
won the $170,513 Dexter Cup at Freehold Raceway<br />
in New Jersey.<br />
SWIATEK GETTING MAJOR INK<br />
If pre-event publicity means anything, HTA’s<br />
former president John Swiatek has a winner with<br />
his Washington Wild Things, a class A Frontier<br />
League newcomer that plays its first regular season<br />
game tomorrow in a new 3,200-seat field in<br />
North Franklin, near Pittsburgh. The game,<br />
against the Canton, Ohio, Coyotes sold out 47 minutes<br />
after ticket sales began. Swiatek, former vice<br />
president <strong>of</strong> Ladbroke Racing Pennsylvania, which<br />
owned The Meadows before Magna Entertainment<br />
bought the track, is managing partner <strong>of</strong> the<br />
Wild Things. He and other investors from Washington,<br />
PA, bought and relocated the team, formerly<br />
known as the Canton Crocodiles. Another<br />
group <strong>of</strong> Ohio investors then bought the London,<br />
Ontario, Werewolves and relocated them to Canton<br />
as the Coyotes. Swiatek says his team has<br />
sold the equivalent <strong>of</strong> 1,300 to 1,400 season<br />
ticket plans which range from $210 to $420<br />
each, and he hopes to draw 2,200 to 2,400<br />
for each home game.
HARNESS TRACKS OF AMERICA<br />
Executive Newsletter<br />
A daily fax and e-mail report on racing and gaming developments in North <strong>America</strong> and beyond<br />
Stanley F. Bergstein, Editor<br />
STILL HOPING FOR VARENNE<br />
Although his connections in Italy have announced<br />
an all-European schedule for Varenne for the summer,<br />
with a return trip to Hippodrome de Montreal<br />
to defend his Trot Mondial crown Sept. 28, <strong>of</strong>ficials<br />
at the Meadowlands still have hopes the<br />
world’s best trotter may return there for the<br />
$800,000 Breeders Crown, which he won last year<br />
with one <strong>of</strong> the great performances <strong>of</strong> the season.<br />
Hambletonian Society president and CEO Tom<br />
Charters, who spoke to Varenne’s owners and<br />
trainer in Stockholm last Sunday, where Varenne<br />
won Sweden’s Elitlopp for the second year in a row,<br />
said, “We were told by trainer Jori Turja that their<br />
final decision will be made after the $200,000<br />
UNIRE World Cup at San Siro in Milan June 25.”<br />
Meadowlands vice president and general manger<br />
(and HTA president) Chris McErlean noted that if<br />
Varenne competed in the Breeders Crown July 27<br />
and the $500,000 Nat Ray the following week, he<br />
would have the opportunity to set trotting’s all-time<br />
earning record and possibly break the 1:51 barrier,<br />
something no trotter has ever done. Varenne<br />
currently has won 57 <strong>of</strong> 67 career starts and<br />
$5,262,127, second only to Moni Maker’s record<br />
$5,589,256.<br />
MERGER BILL PASSES SENATE<br />
The Illinois Senate has passed a bill, and sent it to<br />
the House, that would permit Sportsman’s Park<br />
and Hawthorne Race Course to merge. If the measure<br />
clears the House and is signed into law by<br />
Gov. George Ryan, it could result in eight months<br />
<strong>of</strong> racing at Hawthorne. There also was unwelcome<br />
Senate news for Chicago-area tracks, however.<br />
Republicans shuffled Ryan’s budget plan and voted<br />
30-26, the minimum needed, to strip millions from<br />
the Chicago teachers’ pension fund, city colleges<br />
and a regional transportation system, and<br />
replace it with higher casino taxes but<br />
hundreds <strong>of</strong> new slots for four Chicago-area<br />
casinos.<br />
May 29, <strong>2002</strong><br />
One Democratic senator called it “punishment to<br />
Cook county and the city <strong>of</strong> Chicago,” and the<br />
move seemed certain to precipitate strong reaction<br />
in the Democratic controlled House.<br />
ELSEWHERE IN RACING.....<br />
Dire times in Detroit and MICHIGAN, where<br />
handle on horse racing dropped almost $25 million<br />
last year, from $399.3 million in 2000 to $374.5<br />
million last year, the lowest level since simulcasting<br />
was introduced six years ago. Northville Downs<br />
and Hazel Park <strong>Harness</strong> were the two tracks hardest<br />
hit. Despite that drop, racing commissioner<br />
Annette Bacola said companies continued to express<br />
interest in building a thoroughbred track in<br />
Detroit, which currently is without one. “In the last<br />
few months,” Mrs. Bacola said, “viable companies<br />
have come to me to talk about a track license<br />
in Detroit, and Magna was one <strong>of</strong> them.”......in<br />
CALIFORNIA, a federal judge has awarded<br />
trainer BOB BAFFERT $102,780 for legal expenses<br />
incurred in defending himself against the<br />
California Horse Racing Board on the positive<br />
morphine test back in May <strong>of</strong> 2000. If War Emblem<br />
wins the Belmont a week from Saturday and<br />
picks up $5.6 million in purse and bonus, it will be<br />
a good fortnight for the white-haired wonder........in<br />
KENTUCKY, the Blood-Horse reports that unless<br />
a two-year budget is in place by July 1, harness<br />
and thoroughbred tracks in the state will lose tax<br />
breaks, which could mean as much as $800,000 to<br />
Churchill Downs.......the recent mixed card at the<br />
MEADOWLANDS, with two thoroughbred races<br />
preceding the regular harness card, brought a reminder<br />
from PLAINRIDGE RACE COURSE <strong>of</strong><br />
another interesting experiment conducted at that<br />
HTA member seven years ago. The track <strong>of</strong>fered<br />
a coast-to-coast mixed daily double, with the first<br />
race a live harness race at Foxboro and the second<br />
a running race from Del Mar in California.
HARNESS TRACKS OF AMERICA<br />
Executive Newsletter<br />
A daily fax and e-mail report on racing and gaming developments in North <strong>America</strong> and beyond<br />
Stanley F. Bergstein, Editor May 30, <strong>2002</strong><br />
POMPANO SUES FLORIDA<br />
As all concerned know, simulcasting plays a major<br />
role in the life and times <strong>of</strong> race tracks these days.<br />
So much so, in the case <strong>of</strong> Pompano Park, that the<br />
track has filed suit against the state <strong>of</strong> Florida and<br />
its Department <strong>of</strong> Business and Pr<strong>of</strong>essional Regulations,<br />
Division <strong>of</strong> Pari-Mutuel wagering, for forcing<br />
the track and Gulfstream Park to suspend the<br />
cross-breed simulcasting agreement the two tracks<br />
had entered in March. The tracks had agreed to<br />
exchange their live racing simulcasts and races<br />
from other harness and thoroughbred tracks<br />
across North <strong>America</strong>, and actually began the exchange<br />
before the Division <strong>of</strong> Pari-Mutuel wagering<br />
ordered them to stop, which they did.<br />
Pompano’s general manager, Dick Feinberg, says,<br />
“When we entered into our agreement with<br />
Gulfstream Park, we thought we had a compelling<br />
legal argument and clear statutory authority to<br />
exchange signals. We continue to think so, and are<br />
looking forward to our day in court.”<br />
In another Florida development, the state’s governor,<br />
Jeb Bush, pausing between visits to the oval<br />
<strong>of</strong>fice <strong>of</strong> his better known brother to buy <strong>of</strong>fshore<br />
oil rights from wealthy companies, vetoed a measure<br />
to help find homes for struggling greyhounds<br />
(and at the same time extend gambling hours and<br />
limits for Florida’s dog tracks). The bill started as<br />
an aid to dog racing’s greyhound adoption program,<br />
but also included expansion <strong>of</strong> card room<br />
hours and the amounts that could be bet. Opponents<br />
<strong>of</strong> greyhound racing, including members <strong>of</strong><br />
the Massachusetts-based Grey2K, objected loudly<br />
to the measure and applauded the veto. A lobbyist<br />
for south Florida dog tracks claimed the veto could<br />
cause some tracks to close, but Bush said his decision<br />
was consistent with his longstanding<br />
view that an expansion <strong>of</strong> gambling is bad<br />
public policy.<br />
DOWN AND DIRTY IN ILLINOIS<br />
The long awaited hearing over licensing or<br />
nonlicensing <strong>of</strong> the Emerald Casino project in<br />
Chicago’s suburban Rosemont finally got underway<br />
yesterday, and lived up to its billing as a theater<br />
for nastiness. Gaming board lawyers said<br />
Emerald’s owners created “a virtual culture <strong>of</strong> dishonesty,”<br />
and ensured the infiltration <strong>of</strong> organized<br />
crime into its operation. A lawyer for the Emerald<br />
group said the allegations <strong>of</strong> mob influence was<br />
patently false, and called it “a shameless, outrageous,<br />
vile allegation without any support whatsoever.”<br />
He said the case was based on “abuse <strong>of</strong><br />
power, revenge, bias and pr<strong>of</strong>iteering.” And that<br />
was just for openers. In a two-hour opening statement,<br />
Emerald’s lawyer, Michael Ficaro, said<br />
Emerald CEO Kevin Flynn and his father, former<br />
Waste Management executive Donald Flynn,<br />
should not be penalized because casino stock was<br />
sold to two people allegedly linked to organized<br />
crime. “Do we have to check out the guy who delivers<br />
pizza to the construction site?” he asked<br />
sarcastically. “After all, he might be associated<br />
with someone who is associated with someone who<br />
ate spaghetti with a member <strong>of</strong> organized crime.”<br />
The Gaming Board’s lawyer, Robert E. Shapiro,<br />
had a different view. “The evidence will reveal,”<br />
he told administrative law judge Herbert L.<br />
Holzman, who is conducting the hearing, “a corporate<br />
culture so arrogant Emerald Casino never<br />
found a regulation they felt they had to comply<br />
with.”<br />
HTA REPORTS ON LEGAL CASES<br />
HTA’s May executive report, presenting five recent<br />
legal developments <strong>of</strong> interest and importance<br />
to all track executives, is online today in the members’<br />
section <strong>of</strong> HTA’s Web site,<br />
www.harnesstracks.com. The report, by HTA<br />
general counsel Paul Estok, can be downloaded<br />
from the site, but also is being mailed<br />
to HTA directors and track legal counsel.
HARNESS TRACKS OF AMERICA<br />
Executive Newsletter<br />
A daily fax and e-mail report on racing and gaming developments in North <strong>America</strong> and beyond<br />
Stanley F. Bergstein, Editor<br />
INTERNET BILL ON CALENDAR<br />
The <strong>America</strong>n Horse Council says the Goodlatte<br />
Internet prohibition bill (H.R. 3215) is on the Judiciary<br />
committee calendar this week, and probably<br />
will be considered on Thursday. That leaves<br />
time to contact members <strong>of</strong> the committee, if not<br />
already done, to let them know your views on<br />
the importance <strong>of</strong> preserving the racing provisions<br />
<strong>of</strong> the bill, and opposition to the Cannon<br />
amendment that would eliminate them. For our<br />
members, that means Congressmen Ric Keller<br />
and Robert Wexler in Florida; Henry Hyde,<br />
John Hostettler and Mike Pence, Illinois; Barney<br />
Frank, William Delahunt and Marty Meehan,<br />
Massachusetts; John Conyers Jr., Michigan;<br />
Jerrold Nadler and Anthony David Weiner, New<br />
York; Steve Chabot, Ohio; and George W. Gekas<br />
and Melissa A. Hart in Pennsylvania.<br />
ANOTHER FLAW FOR EMERALD<br />
The Illinois General Assembly concluded its twoday<br />
weekend budget session yesterday, and<br />
tacked another nail in the legislative c<strong>of</strong>fin <strong>of</strong> the<br />
beleaguered Emerald Casino project in<br />
Chicago’s suburban Rosemont. A bill had been<br />
introduced in the Illinois Senate which would<br />
have given control <strong>of</strong> the license to the state and<br />
permitted the state to put the license up at auction<br />
with a minimum bid <strong>of</strong> $500 million. That<br />
bill, had it passed, would have enabled some<br />
original investors to recoup their investments, but<br />
it was defeated in the Senate 30 to 21. So the<br />
battle <strong>of</strong> Rosemont goes on, with the state gaming<br />
board holding firm on not licensing or giving<br />
any recuperative breaks to the Flynn family,<br />
major investors in the project, contending they<br />
lied to state investigators. Charges <strong>of</strong> alleged ties<br />
to organized crime also are a factor in the<br />
board’s hard stand on the issue. As for<br />
the Illinois budget, the Assembly tossed<br />
the ball to Gov. George Ryan, passing new<br />
taxes on cigarettes and riverboat casinos.<br />
June 3, <strong>2002</strong><br />
PHONE BETS ILLEGAL IN NEB.<br />
The Nebraska Supreme Court declared phone<br />
betting at its five state tracks illegal last Friday,<br />
agreeing with the state’s attorney general, who<br />
had challenged the 1992 law passed by the legislature.<br />
The AG’s <strong>of</strong>fice had argued that when<br />
Nebraska voters approved pari-mutuel betting<br />
68 years ago the amendment to the state constitution<br />
specified that “the wagering which may<br />
be allowed...is limited to wagering that takes<br />
place inside the confines <strong>of</strong> a racetrack.” Nebraska<br />
tracks noted that courts elsewhere had<br />
held that since telephone bets are recorded at a<br />
track, that technically fufilled the constitutional<br />
requirement, but the Supreme Court brushed<br />
that aside and agreed with the attorney general.<br />
The AG also had argued that a majority <strong>of</strong> Nebraska<br />
citizens wanted to maintain the 1934 status<br />
quo, pointing out that they had voted against<br />
<strong>of</strong>f-track betting in the state in 1995. The legislature<br />
had approved telephone wagering and<br />
OTB ten years ago, but OTB was declared unconstitutional<br />
in 1994 and voters rejected the idea<br />
a year later.<br />
OHIO LEGISLATORS NIX VLTS<br />
They didn’t exactly vote against them, they just<br />
ignored them. That was the fate <strong>of</strong> track VLTs<br />
in Ohio last week, but their principal backer,<br />
Senator Louis Blessing, says that by next January<br />
1 “we will introduce and pass a VLT bill.”<br />
The Ohio legislature took the same route as Illinois,<br />
imposing sharp increases on cigarette taxes<br />
to raise money, but Blessing doesn’t think that<br />
will solve Ohio’s budget crisis and he says there<br />
is no way that an income tax will be passed.<br />
TWO MILLIONAIRES RETIRED<br />
Two millionaire pacing warhorses have been retired.<br />
Principal owner David Scharf has announced<br />
that Red Bow Tie, winner <strong>of</strong> $2.6<br />
million, and Riverboat King, winner <strong>of</strong><br />
$1.2 million, have raced their last miles.
HARNESS TRACKS OF AMERICA<br />
Executive Newsletter<br />
A daily fax and e-mail report on racing and gaming developments in North <strong>America</strong> and beyond<br />
Stanley F. Bergstein, Editor<br />
TUMULT IN ILLINOIS GAMING<br />
There are some very unhappy people in Illinois<br />
these days. Riverboat and casino operators for<br />
openers. Some <strong>of</strong> them, like MGM Mirage, said<br />
they are pulling out, forgetting about spending<br />
$600 million or more to enter the Chicago casino<br />
derby. All this occurred after the state<br />
legislature’s action Sunday in raising progressive<br />
tax rates on riverboat gambling from 35%<br />
<strong>of</strong> revenue over $100 million to 50% over $200<br />
million, and increasing admission taxes to the<br />
boats from $2 to $3, without allowing more slots<br />
and table games. Casino stock shares fell sharply<br />
on Wall Street yesterday, ranging from losses <strong>of</strong><br />
6.4% for Mandalay to 20% for Argosy, and by<br />
day’s end there was talk <strong>of</strong> legal action from the<br />
Illinois Casino Gaming Association. If Gov.<br />
George Ryan signs the bill, the increases would<br />
take effect July 1, and the governor did not seem<br />
intimidated by the threats <strong>of</strong> lawsuits. His<br />
spokesman said the governor believes the tax increases<br />
could withstand any sort <strong>of</strong> constitutional<br />
challenge, and is prepared to defend the actions.<br />
Things were no better for the embattled Emerald<br />
Casino. The Illinois Gaming Board flatly<br />
turned down its request for a new administrative<br />
law judge in the licensing hearing currently<br />
underway, and also denied the casino’s appeal<br />
to disqualify the Gaming Board chairman from<br />
voting in the matter.<br />
There were some lumps for horse racing, too.<br />
The Sunday afternoon massacre saw the temporary<br />
death by neglect <strong>of</strong> the proposed merger <strong>of</strong><br />
Sportsman’s Park and Hawthorne Race Course,<br />
with intertrack squabbling -- not unusual in<br />
Chicago -- hastening the demise. The legislature<br />
not only failed to act on that but also on the Illinois<br />
budget, so it will continue in session.<br />
Chances for new measures now grow slimmer,<br />
since a supermajority will be needed to<br />
pass legislation.<br />
June 4, <strong>2002</strong><br />
NYOTBS WANT NIGHT RUNNERS<br />
Buffalo, NY, racing writer Tom Precious, writing<br />
for Blood-Horse, reports that an unidentified “OTB<br />
<strong>of</strong>ficial” says the state’s OTBs are running out <strong>of</strong><br />
patience and want New York legislators to allow<br />
them to carry thoroughbred signals at night. “We<br />
think this is good for everyone. It’s not to be<br />
greedy, but to make life better for everybody,” the<br />
unnamed source told Precious. Everybody who?<br />
Everybody in OTB? Everybody in harness racing?<br />
The sport was guaranteed protection under<br />
hold harmless provisions when OTB came into<br />
being 31 years ago. The unidentified OTB <strong>of</strong>ficial<br />
told Precious, “We’ve really been very, very<br />
patient.” So have we, waiting for some <strong>of</strong> those<br />
hold harmless provisions to kick in. We would hate<br />
to lose what we still have left, which are the nights,<br />
without some generous form <strong>of</strong> compensation for<br />
giving up that exclusivity.<br />
A DANGEROUS MIRACLE?<br />
Among the salves, ointments, notions, potions ,<br />
preparations and beyond used on race horses,<br />
one has been singled out by the federal government<br />
as potentially dangerous, and ordered recalled.<br />
It is Miracle Leg Paint, marketed by the<br />
Equine Miracle Corporation <strong>of</strong> Grapeland,<br />
Texas. The Federal Drug Adminstration says the<br />
substance, used for the punishing old practice <strong>of</strong><br />
‘blistering’ a lame horse’s legs, contains a mercuric<br />
chloride agent. Mercury is toxic and can<br />
cause illness and even death in humans. The FDA<br />
began investigating after an Alabama vet reported<br />
the death and autopsy <strong>of</strong> a horse that died<br />
after application <strong>of</strong> Miracle Leg Paint. No direct<br />
link has been proved, but the FDA is investigating,<br />
and says Equine Miracle was selling an<br />
unapproved drug. Georgia Brown, the co-owner<br />
<strong>of</strong> the company with her husband, was angry that<br />
the FDA had not notified her earlier, but<br />
agreed to the recall.
HARNESS TRACKS OF AMERICA<br />
Executive Newsletter<br />
A daily fax and e-mail report on racing and gaming developments in North <strong>America</strong> and beyond<br />
Stanley F. Bergstein, Editor<br />
MAGNA BUYING FLAMBORO<br />
Charlie Juravinski, who has performed somersaults<br />
in winner’s circles from the Meadowlands<br />
to Woodbine, has real cause to do one now....and<br />
cartwheels as well. Frank Stronach’s Magna Entertainment<br />
has agreed to buy Juravinski’s racetrack,<br />
Flamboro Downs, for $47 million (U.S.). The<br />
move, in a sense, completes a racing circle for<br />
Stronach, who left the then Ontario Jockey Club<br />
in disagreement a few years back and now, after a<br />
wild buying spree <strong>of</strong> major and minor tracks in the<br />
U.S., returns to Ontario with his first Canadian<br />
acquisition. Stronach says his purchase <strong>of</strong><br />
Flamboro “represents another important step in<br />
MEC’s program <strong>of</strong> expanding its North <strong>America</strong>n<br />
racing operations,” and Juravinski says he thinks<br />
Magna will be able to fulfill his vision <strong>of</strong> making<br />
Flamboro a major tourist and family destination.<br />
“I have the vision, but I don’t have the energy,”<br />
says Juravinski, who says he is “in my 73d year.”<br />
He says he can see Magna adding a hotel complex<br />
and perhaps a spa at the 230-acre site he and<br />
his wife, who own Flamboro under their Flamboro<br />
Downs Holding Ltd., are selling. In addition to<br />
the property and the track, Magna will get its share<br />
<strong>of</strong> revenue from the 750 slot machines operated<br />
at Flamboro by the Ontario Lottery and Gaming<br />
corporation, along with seven <strong>of</strong>f-track betting sites<br />
operated by Flamboro. Last year’s handle at the<br />
track was $140 million Canadian, with 260 programs<br />
year-round. The sale involves $21 million<br />
in cash and assumption <strong>of</strong> a $21 million mortgage.<br />
Flamboro’s record handle came on August 27,<br />
1995, when the track handled $1,033,538, and its<br />
attendance record <strong>of</strong> 8,282 was set on August 28,<br />
1988. It’s major race, the $600,000 Confederation<br />
Cup, attracts some <strong>of</strong> the sport’s best 3-yearold<br />
pacers. The half-mile track, which opened in<br />
1975, is located on Highway 5 in Dundas,<br />
Ontario, some 45 miles from Toronto.<br />
June 5, <strong>2002</strong><br />
ARIZONA SLOTS TO VOTERS<br />
With the governor and the president <strong>of</strong> the state<br />
senate taking bitterly opposing views on the issue<br />
<strong>of</strong> gaming in Arizona, the state’s Indians have<br />
taken the matter in their own hands and are bypassing<br />
the politicians and going straight to the<br />
voting public. Gov. Jane Hull wanted gaming restricted<br />
to the state’s Indian casinos. Senate president<br />
Randall Gnant -- who campaigned on the platform<br />
<strong>of</strong> taking politics out <strong>of</strong> politics -- wanted the<br />
state’s racetracks to share in having slots, and<br />
blocked Hull’s bill. Now the Colorado River tribes<br />
in western Arizona have filed nearly 30 boxes <strong>of</strong><br />
petitions, with 165,222 signatures, aiming to put<br />
the measure before voters in November. If 101,762<br />
<strong>of</strong> the signatures are validated by the secretary <strong>of</strong><br />
state’s <strong>of</strong>fice, they will get their wish.<br />
YOUBET ON THE MOVE<br />
Youbet.com’s new CEO, David Marshall, is losing<br />
no time in moving his company forward with aggressive<br />
marketing. He announced a licensing deal<br />
with Winnercomm, which controls horse racing content<br />
on ESPN.com, that could put live odds and<br />
online audio and video streaming <strong>of</strong> selected races<br />
on that carrier as early as the end <strong>of</strong> this week,<br />
and also announced a co-marketing content agreement<br />
with the California Authority <strong>of</strong> Racing Fairs,<br />
better known as CARF. That group conducts racing<br />
meetings at county fairs at San Joaquin,<br />
Alameda, Solono, Sonoma, Humboldt and San<br />
Mateo, as well as the California State Fair and<br />
Fresno District Fair. Marshall said the California<br />
fair agreement will provide broad Youbet.com exposure<br />
on CARF tracks and on its simulcast signals,<br />
and he said the Winnercomm deal could generate<br />
7,000 to 9,000 unique visitors to Youbet.com’s<br />
Web site. “This is right in line with the new marketing<br />
philosophy we adopted six months ago <strong>of</strong><br />
working with industry partners to attract new<br />
fans to the sport,” Marshall said.
HARNESS TRACKS OF AMERICA<br />
Executive Newsletter<br />
A daily fax and e-mail report on racing and gaming developments in North <strong>America</strong> and beyond<br />
Stanley F. Bergstein, Editor<br />
HERVE FILION RETURNS<br />
The world’s leading race winner in horse racing <strong>of</strong><br />
any breed -- Herve Filion -- returns from six and<br />
one-half years <strong>of</strong> exile next week, intent at 62 on<br />
reaching the 15,000-victory plateau. Filion, out <strong>of</strong><br />
action in New York and New Jersey, is being<br />
granted a one-year conditional license in Pennsylvania,<br />
and will return to racing, probably at Pocono<br />
Downs. Filion was involved in a 1995 situation at<br />
Yonkers Raceway, where recorded telephone calls<br />
with an owner, Danny Kramer, were interpreted<br />
to attach him to illegal betting schemes there.<br />
Filion told Dave Little <strong>of</strong> the New York Daily News<br />
that “I have no guilt about the calls. The guy asked<br />
me about a couple <strong>of</strong> races and I ‘yessed’ him to<br />
death. I did not advise him about anything to do<br />
with betting on races.” Those charges were dismissed<br />
after five years <strong>of</strong> legal bickering, and after<br />
Filion pleaded guilty to a misdemeanor income<br />
tax charge. Regulators in New York and New Jersey<br />
then denied him a license on “character and<br />
general fitness” grounds. The New York Racing<br />
and Wagering Board denied him a license on Feb.<br />
2, 2001, and New Jersey also declined to license<br />
him. The New York board again denied him a license<br />
in late November, 2001, and Filion appealed<br />
and turned to Pennsylvania. Anton Leppler, executive<br />
director <strong>of</strong> the Pennsylvania <strong>Harness</strong> Racing<br />
Commission, told TIMES:in harness that “after<br />
careful inquiry and investigation, we could not<br />
find any reason not to grant him a license. We<br />
honor reciprocity, but when a case is under appeal,<br />
as it is New York now, we feel reciprocity does not<br />
apply.” Filion, elected to harness racing’s Hall <strong>of</strong><br />
Fame in 1975, has won 14,783 races -- over 4,000<br />
more than any driver or jockey in horse racing --<br />
and he was harness racing’s leading race-winning<br />
driver 15 years and <strong>Harness</strong> <strong>Tracks</strong> <strong>of</strong><br />
<strong>America</strong>’s Driver <strong>of</strong> the Year 10 times. No<br />
other driver has won that honor more than<br />
three times.<br />
June 6, <strong>2002</strong><br />
Filion’s appeal in New York will be heard July 17.<br />
Herve says he can’t wait to return to driving, and<br />
added that he thinks he has “three to five good<br />
years left.” No one who watched him and his phenomenal<br />
talents during his glory years would doubt<br />
it.<br />
COMING SOON: AN EPO TEST<br />
Reports have been spreading quietly through the<br />
scientific community in racing in recent weeks that<br />
a test was close at hand for the blood-enhancer<br />
erythropoietin, or EPO. They became public news<br />
today when Matt Hegarty wrote about them in<br />
Daily Racing Form. Hegarty reports that joint<br />
research by Dr. George Maylin at Cornell, Dr. Ken<br />
McKeever at Rutgers in New Jersey, and by Dr.<br />
Phil Lorimer <strong>of</strong> the New Jersey State Police laboratory,<br />
has resulted in detecting antibodies produced<br />
by a horse’s immune system in response to<br />
EPO administration. Hegarty reports that a second<br />
test, using transferin receptors that help transport<br />
minerals, also is in development. checking<br />
levels that rise and stay elevated for weeks after<br />
administration. If there are tremors in racing’s<br />
training community, regardless <strong>of</strong> breed, it is understandable,<br />
and it could herald the much discussed<br />
“more level playing field” for racing. In a<br />
related development at Belmont Park, the NYRA<br />
overnight sheet alerted horsemen to the fact that<br />
possession <strong>of</strong> blood-doping agents such as EPO,<br />
Procrit and Aranesp “is strictly forbidden,” since<br />
they have no legitimate value in racetrack practice.<br />
NYRA’s chief operating <strong>of</strong>ficer, Terry<br />
Meyocks, said regulators would continue conducting<br />
spot checks <strong>of</strong> trainers and veterinarians. He<br />
also said all horses on Saturday’s Belmont Stakes<br />
card would be required to be on the grounds at<br />
Belmont by 8 a.m. instead <strong>of</strong> noon. Both moves<br />
are encouraging signs <strong>of</strong> a new day dawning, and<br />
the introduction <strong>of</strong> the EPO test is awaited<br />
eagerly.
HARNESS TRACKS OF AMERICA<br />
Executive Newsletter<br />
A daily fax and e-mail report on racing and gaming developments in North <strong>America</strong> and beyond<br />
Stanley F. Bergstein, Editor<br />
ONE DOWN IN INDIANA<br />
The Indiana House yesterday afternoon approved,<br />
by a narrow 51-47 vote, its complex budget bill<br />
that includes 700 slot-like pull-tab machines for<br />
tracks and OTBs, and sent it to the Senate, where<br />
it faces an uncertain fate. In a move that is hard<br />
to evaluate as to consequences, the chairman <strong>of</strong><br />
the House Ways and Means committee, Democrat<br />
B. Patrick Bauer, chose senator Robert<br />
Meeks, rather than longtime Senate Finance chairman<br />
Larry Borst, to shepherd the bill through the<br />
Republican-controlled Senate. Borst, whose attitude<br />
toward the bill, at least in these quarters, is<br />
enigmatic, still will have an opportunity to fine tune<br />
the bill when his finance committee considers it.<br />
Asked why he chose Meeks rather than Borst --<br />
who has been a key figure in all racing legislation<br />
in Indiana -- to handle the bill in the Senate, Bauer<br />
said, “We’re in deep, deep trouble, and we do have<br />
to act now.” If the big budget bill, designed to help<br />
Indiana out <strong>of</strong> a serious budget crisis, passes the<br />
Senate in the form approved by the House, Hoosier<br />
Park and Indianapolis Downs and <strong>of</strong>f-track<br />
betting parlors in Indianapolis and Marion county<br />
would receive 700 pull-tab machines each. Indiana<br />
governor Frank O’Bannon termed yesterday’s<br />
House vote “a win for Hoosiers” and warned that<br />
if he doesn’t receive a bill to consider by the end<br />
<strong>of</strong> this month, he will call the legislature back for<br />
another 40-day special session until he gets one.<br />
NO GOODLATTE VOTE...AGAIN<br />
The expected House Judiciary committee vote on<br />
Virginia congressman Bob Goodlatte’s Internet<br />
gambling prohibition bill was postponed again yesterday,<br />
this time at the request <strong>of</strong> Goodlatte. He<br />
said consensus had been reached and, speaking<br />
<strong>of</strong> Indian opposition to the bill, said it was n o t<br />
designed to put all gambling on the same<br />
footing.<br />
June 7, <strong>2002</strong><br />
RUNNERS AT FLAMBORO?<br />
The Hamilton, Ontario, Spectator, quoting Magna<br />
Entertainment’s vice president and chief financial<br />
<strong>of</strong>ficer Graham Orr, says runners might<br />
be added to the menu at the half-mile Ontario track<br />
MEC is buying from owner Charlie Juravinski for<br />
$47 million (U.S.). Orr told the newspaper’s Jennifer<br />
Chiu “There may be an opportunity to run<br />
standardbred and thoroughbred (meetings) in the<br />
future. We are not certain at this point.” Orr said<br />
it was too premature to say how Flamboro might<br />
be changed, which would seem a requisite to accommodate<br />
runners.<br />
BIG RACES THIS WEEKEND<br />
War Emblem and the Belmont hold center stage<br />
without reservation, but some major rich races are<br />
on tap in harness racing this weekend as well. At<br />
The Meadowlands, four $250,000 finals <strong>of</strong> the<br />
Classic Series for older horses and two $50,000<br />
New Jersey Sire Stakes for 3-year-old pacing colts<br />
anchor a rich million-dollar plus card. Camotion is<br />
favored in the Pacing Classic for older pacers;<br />
Casual Breeze is the favorite in the Classic Oaks<br />
for trotting mares; Plesac is a narrow top choice<br />
over Lyell Creek in the Trotting Classic; and 2001<br />
Horse <strong>of</strong> the Year Bunny Lake has been installed<br />
as morning line favorite for the Classic Distaff for<br />
pacers, despite a slow start this season.<br />
In Cleveland, Northfield Park’s Miller Lite Cleveland<br />
Classic has been split into two $111,100 divisions,<br />
with full fields <strong>of</strong> eight in each. Noble Cam<br />
is favored in the first, a narrow choice over Henry<br />
Clay, and Western Maverick is the 8-5 favorite in<br />
the second division. Attesting to his popularity at<br />
Northfield, champion driver Walter Case Jr. was<br />
named on four <strong>of</strong> eight horses in the first division<br />
before choosing Noble Cam. Purses total more<br />
than $420,000 for the 13-race card.
HARNESS TRACKS OF AMERICA<br />
Executive Newsletter<br />
A daily fax and e-mail report on racing and gaming developments in North <strong>America</strong> and beyond<br />
Stanley F. Bergstein, Editor<br />
RACING MARKS TIED & BROKEN<br />
Plesac and Emma Hanover won the $250,000<br />
Classic Series Finals on Saturday night at the<br />
Meadowlands, with Plesac establishing a new<br />
North <strong>America</strong>n race record, while Life Source,<br />
who equaled a North <strong>America</strong>n race record, and<br />
Bunny Lake, also won in Classic Series action.<br />
Plesac covered 1 1/16th miles in 2:00, setting a<br />
North <strong>America</strong>n record for the distance, with a onelength<br />
victory over Lyell Creek N in the $250,000<br />
Trotting Classic. It was another neck back to<br />
Magician in third. The Illinois horse <strong>of</strong> the year,<br />
named for Philadelphia Phillies pitcher Dan Plesac,<br />
claimed the lead before the half and kept Magician<br />
in the pocket while Lyell Creek N was sent firstover.<br />
“I don’t know if he was better than last week,<br />
but I raced him a different trip--on top,” said Mike<br />
Lachance, who was also behind Plesac in a comefrom-behind<br />
win last week. “He was awesome...a<br />
pleasure to drive.” It was Plesac’s fourth win in<br />
10 starts this year. The 5-year-old son <strong>of</strong> Armbro<br />
Charger owned by Richard Balog <strong>of</strong> Saint Charles,<br />
Ill., has banked $1,735,531 lifetime.<br />
In the $250,000 Classic Oaks Final, Emma<br />
Hanover equaled Fern’s former North <strong>America</strong>n<br />
record <strong>of</strong> 2:01.1 for the 1 1/16th mile distance,<br />
broken on Sunday by Plesac, winning by three<br />
quarters <strong>of</strong> a length over Dresden Dolly in a four<br />
mare dash to the wire. The Jimmy Takter-trained<br />
Emma Hanover, a 4-year-old Donerail mare now<br />
has one win, four seconds and two thirds in nine<br />
starts this year, and career earnings <strong>of</strong> $239,923.<br />
In the $250,000 Pacing Classic, Life Source found<br />
room in the stretch and caught 2-5 shot Camotion<br />
for a one-length victory in 1:57.1, matching the<br />
North <strong>America</strong>n Race record for 1 1/16th miles<br />
set by Big Tom. LCB was third by one<br />
and a half lengths. Life Source, a 5-year-<br />
June 10, <strong>2002</strong><br />
old gelded son <strong>of</strong> Life Sign, picked up his sixth win<br />
in 16 starts this year, pushing his career bankroll<br />
to $522,635.<br />
In the $250,000 Classic Distaff Final, 4-year-old<br />
Bunny Lake paced the 1 1/16th mile in a stakes<br />
and track record <strong>of</strong> 1:58, finishing three quarters<br />
<strong>of</strong> a length ahead <strong>of</strong> Milly Can Do It. Bunny Lake,<br />
who had won 19 <strong>of</strong> 21 starts last year and is the<br />
reigning <strong>Harness</strong> Horse <strong>of</strong> the Year, was slow to<br />
regain her form against a formidable division <strong>of</strong><br />
older pacing mares in <strong>2002</strong>. She had two seconds<br />
and two thirds in her first five starts <strong>of</strong> the year.<br />
Bunny Lake, who has earned $1,585,744 for W.<br />
Springtime Racing Stable and trainer-driver John<br />
Stark Jr., will be making her next start in this<br />
coming Friday night’s eliminations for the Lady<br />
Liberty at the Meadowlands.<br />
In racing news from Woodbine, Real Desire<br />
showed he is back in ideal form -- and in a<br />
breathtaking manner. In just the second start <strong>of</strong><br />
his highly anticipated 4-year-old campaign, the<br />
multimillionaire pacer tied Woodbine’s all-age<br />
track record <strong>of</strong> 1:48.3 in Saturday evening’s<br />
$60,000 free for all event. Real Desire, the 2001<br />
Meadowlands Pace and Breeders Crown<br />
champion, now has lifetime earnings <strong>of</strong> $2,130,024.<br />
NO CROWN FOR WAR EMBLEM<br />
In New York, War Emblem, winner <strong>of</strong> this year’s<br />
Kentucky Derby and Preakness, failed in his bid<br />
to become thoroughbred racing’s 12th Triple<br />
Crown winner when he finished a well-beaten<br />
eighth in Saturday’s Belmont Stakes. The race<br />
attracted a record crowd <strong>of</strong> more than 103,000.<br />
Conspicuous by his absence was War Emblem’s<br />
owner, Saudi Arabian Prince Ahmed bin Salman,<br />
who reportedly watched the race on cable<br />
television in Riyadh, Saudi Arabia.
HARNESS TRACKS OF AMERICA<br />
Executive Newsletter<br />
A daily fax and e-mail report on racing and gaming developments in North <strong>America</strong> and beyond<br />
Stanley F. Bergstein, Editor<br />
ADVERSE RULING FOR AQHA<br />
A Texas judge reaffirmed an earlier ruling that<br />
found one <strong>of</strong> the <strong>America</strong>n Quarter Horse<br />
Association’s breeding rules violated Texas<br />
antitrust laws and hampered industry competition.<br />
Horse breeders sought to overturn the rule, which<br />
limits foal registration. After reviewing issues in<br />
the case, Judge Pat Pirtle said in a letter to<br />
attorneys that he will stick by his earlier pre-trial<br />
decision. “The rule is an unreasonable restraint<br />
<strong>of</strong> trade which violates the Texas Free Enterprise<br />
and Anti-Trust Act <strong>of</strong> 1983,” Pirtle said. A group<br />
<strong>of</strong> Texas horse breeders had sued the AQHA in<br />
June 2000 in an attempt to quash an association<br />
rule limiting the number <strong>of</strong> foals a breeder can<br />
register annually. Pirtle had sided with the breeders<br />
in his December ruling. An embryo produced by<br />
one mare is placed inside a surrogate mare through<br />
embryo transfer. That mare then produces a foal.<br />
Papers filed in the lawsuit had contended that<br />
several embryo-transferred foals, the <strong>of</strong>fspring <strong>of</strong><br />
AQHA-registered stallions and mares, are<br />
ineligible for registration because <strong>of</strong> the rule.<br />
Horse breeders had argued that numerous<br />
superiorly bred, embryo-transfer horses, the<br />
<strong>of</strong>fspring <strong>of</strong> AQHA-registered stallions and mares,<br />
were ineligible for registration because <strong>of</strong> the rule.<br />
NEW ALBANY LAW WEB SITE<br />
Albany Law School’s racing and wagering law<br />
program has a new presence on the school’s Web<br />
site. The new Web page at http://www.als.edu/glc/<br />
wagering provides information about charitable<br />
wagering, lottery issues, Indian gaming,<br />
commercial casinos and horse racing. It also<br />
features links to state and federal gambling<br />
legislation and court cases. In addition to the new<br />
Web page, a daily update on New York and<br />
national racing and wagering issues<br />
appears at http://www.geocities.com/<br />
nywagering. The racing and wagering<br />
June 11, <strong>2002</strong><br />
program grew out <strong>of</strong> a conference on racing and<br />
wagering law sponsored by Albany Law School’s<br />
Government Law Center.<br />
PUBLIC LIFE FOR USTA’S CRAMER<br />
The indefatigable Carol Cramer, who for many<br />
years has been an expert on stakes racing as<br />
editor <strong>of</strong> the USTA’s Stakes Guide, is now going<br />
to be an expert on politics. Cramer was recently<br />
appointed to the Bloomingburg, Ohio, Village<br />
Council by mayor Jim Babian to fill a vacant but<br />
unexpired term <strong>of</strong> <strong>of</strong>fice. Cramer has lived all her<br />
life in the Ohio town located south <strong>of</strong> Columbus,<br />
populated by 800 people and 400 horses -- most <strong>of</strong><br />
them harness horses at Midland Acres. Cramer’s<br />
father, Clyde B. Cramer, was mayor <strong>of</strong><br />
Bloomingburg in the late 1950s and early 1960s.<br />
LOOKING TO RE-ENTER RACING<br />
An experienced business executive and harness<br />
and thoroughbred racing executive who possesses<br />
a broad understanding <strong>of</strong> the various interest<br />
groups within the racing industry is seeking to reenter<br />
racing after several years pursuing ventures<br />
outside the sport. Those with an interest in such<br />
an individual can contact Stan Bergstein at HTA<br />
(520-529-2525) for additional resume and contact<br />
details.<br />
VARENNE TO BE SYNDICATED<br />
The world’s best trotter, Varenne, is going to be<br />
syndicated, but only for breeding purposes. Plans<br />
are to sell 70 shares priced at about $63,000 for<br />
lifetime breeding rights. Reports indicate that 40<br />
shares will be sold in Europe and 30 will be sold in<br />
the U.S. On the commercial market, frozen semen<br />
from Varenne will be sold for a fee <strong>of</strong> about<br />
$13,230. Italian sources say that Varenne will<br />
continue to race but will have his semen<br />
collected in Oct. and Nov.
HARNESS TRACKS OF AMERICA<br />
Executive Newsletter<br />
A daily fax and e-mail report on racing and gaming developments in North <strong>America</strong> and beyond<br />
Stanley F. Bergstein, Editor<br />
AHC ADDRESSES IHA CHANGES<br />
Members <strong>of</strong> the <strong>America</strong>n Horse Council’s Racing<br />
Advisory Committee on Tuesday voted to oppose<br />
the Pallone amendment to the Interstate<br />
Horseracing Act <strong>of</strong> 1978 (IHA). (See HTA<br />
Executive Newsletter <strong>of</strong> May 15, <strong>2002</strong>.) The<br />
amendment would have required an additional<br />
approval (by the horsemen’s organization <strong>of</strong> the<br />
same breed as the simulcast in the receiving<br />
jurisdiction) for interstate simulcasting. Committee<br />
members agreed that any possible changes to the<br />
IHA should be discussed fully and openly by all<br />
segments <strong>of</strong> the racing industry before such<br />
changes are proposed to Congress. Since the<br />
Pallone legislation had not been discussed<br />
industry-wide, the committee voted to oppose the<br />
legislation. In addition, the committee agreed that<br />
issues not currently dealt with by the IHA might<br />
best be handled at the state level or contractually.<br />
AQHA SUIT SETTLED<br />
The <strong>America</strong>n Quarter Horse Association (AQHA)<br />
reached an out-<strong>of</strong>-court settlement Tuesday that<br />
will allow horse breeders to register embryo-transfer<br />
foals, according to the Associated Press. (For<br />
more on the case see the HTA Executive Newsletter<br />
<strong>of</strong> June 11, <strong>2002</strong>.) Attorneys involved in the<br />
settlement said the AQHA agreed to amend its<br />
rules, and horse breeders agreed to drop millions<br />
<strong>of</strong> dollars in damage claims against the association.<br />
District Judge Pat Pirtle approved the deal<br />
that requires the AQHA to pay $550,000 in legal<br />
fees. In 2000, several horse breeders sued the<br />
AQHA, saying the association would not register<br />
numerous superiorly bred, embryo-transferred<br />
horses, a rule that seriously damaged the value <strong>of</strong><br />
their horses. Under the AQHA’s embryo-tranfer<br />
rule, a mare could only produce one foal per<br />
year eligible for AQHA registration. By<br />
transferring embryos from one mare to a<br />
surrogate, a breeder can produce multiple<br />
June 12, <strong>2002</strong><br />
foals per year, but only one foal was eligible for<br />
AQHA registration each year. Under the settlement,<br />
the AQHA agreed to change its rules effective<br />
immediately. The AQHA said any foals produced<br />
by the embryo-transfer technique will be eligible<br />
for registration if they meet other registration<br />
requirements.<br />
PRAIRIE WINS BIG TAX CASE<br />
A split Iowa Supreme Court on Wednesday struck<br />
down a state law that taxes land-based casinos<br />
more heavily than floating riverboat gambling operations.<br />
The decision could punch an $8 million<br />
hole in an already strapped state budget. “The<br />
essence <strong>of</strong> the tax is that it treats racetrack slot<br />
machines differently than riverboat slot machines,”<br />
the court said. “Where the same activity is being<br />
taxed at significantly different rates, a mere difference<br />
in location is not sufficient to uphold the<br />
discriminatory tax.” Dissenters in the 4-3 decision<br />
argued that the legislature ought to be free to<br />
structure a tax system as it sees fit. Under state<br />
law, riverboat casinos initially paid a tax <strong>of</strong> 20 percent<br />
on receipts over $3 million, since raised to 22<br />
percent. Casinos located at racetracks are currently<br />
taxed at a 32 percent rate that is scheduled<br />
to increase to 36 percent. The court ordered that<br />
both forms <strong>of</strong> gambling be taxed at 22 percent.<br />
LIVERMAN TO CANADIAN HALL<br />
Prominent Canadian harness owner and breeder<br />
Irving Liverman has been elected to the Canadian<br />
Horse Racing Hall <strong>of</strong> Fame. Liverman, who will<br />
be inducted at a ceremony in Toronto on Aug. 29,<br />
is one <strong>of</strong> four additions on the harness racing side,<br />
along with horseman William (Bud) Fritz and horses<br />
Staying Together and Super Wave. Thoroughbred<br />
inductees include owner and breeder (and racetrack<br />
owner) Frank Stronach, trainer Mac Benson,<br />
jockey Ted Atkinson and racehorse Chief<br />
Bearhart.
HARNESS TRACKS OF AMERICA<br />
Executive Newsletter<br />
A daily fax and e-mail report on racing and gaming developments in North <strong>America</strong> and beyond<br />
Stanley F. Bergstein, Editor<br />
TVG BUYS INTO YOUBET.COM<br />
Youbet.com, the online live event and wagering<br />
company, today announced that TVG, the subsidiary<br />
<strong>of</strong> Gemstar-TV Guide International, <strong>Inc</strong>. and<br />
the 24-hour interactive horse racing network available<br />
nationwide on cable and satellite systems, has<br />
exercised its first warrant to purchase 3,884,650<br />
shares at $.001 per share. The purchase represents<br />
approximately 16.6 percent <strong>of</strong> the number<br />
<strong>of</strong> Youbet.com common shares outstanding after<br />
giving effect to the exercise. Youbet.com entered<br />
into an agreement with TVG on May 18, 2001,<br />
pursuant to which Youbet.com licensed certain<br />
track content and intellectual property from TVG<br />
and agreed to pay fees to TVG based on the handle<br />
generated by Youbet.com from wagering activity.<br />
In addition to the first warrant, Youbet.com issued<br />
to TVG a second warrant to purchase up to 51 percent<br />
<strong>of</strong> the number <strong>of</strong> Youbet.com common shares<br />
outstanding on the date the warrant is exercised.<br />
TROUBLE FOR INDIANA BILL<br />
Republicans who control the Indiana Senate said<br />
Tuesday they won’t expand gambling to erase the<br />
state’s budget deficit, according to a story in the<br />
Indianapolis Star. A Republican lawmaker said relying<br />
on tax revenue from dockside gambling, a<br />
casino in southern Indiana or slotlike machines at<br />
racetracks would put the state’s finances permanently<br />
in the grip <strong>of</strong> gambling interests. Instead,<br />
GOP lawmakers will unveil a proposal that’s devoid<br />
<strong>of</strong> gambling <strong>of</strong>ferings, a plan the Star notes is<br />
“virtually certain to <strong>of</strong>fend the Democrat-controlled<br />
House.”<br />
CHANGE AT GREAT LAKES<br />
Magna Entertainment announced that Chris<br />
Dragone, formerly chief <strong>of</strong> staff at New<br />
Jersey’s Monmouth Park, has replaced<br />
Richard Wallington as general manager<br />
<strong>of</strong> Great Lakes Downs in Michigan.<br />
June 13, <strong>2002</strong><br />
ACTION SLOW ON ’NET BILL<br />
The U.S. House <strong>of</strong> Representatives Judiciary Committee<br />
resumed its mark-up <strong>of</strong> the Rep. Bob<br />
Goodlatte’s Internet gambling prohibition legislation<br />
today but recessed until next week without<br />
completing action. Among other issues the committee<br />
will take up next week is an amendment<br />
<strong>of</strong>fered by Goodlatte that would permit interstate<br />
wagering on gambling “expressly authorized” by<br />
the states involved.<br />
A MARKETING FIX IN VEGAS?<br />
The integrity <strong>of</strong> the Nevada casino industry could<br />
be harmed by allegations that Venetian Hotel and<br />
Casino marketers rigged a promotional giveaway<br />
for an Asian high roller, according to a state gaming<br />
regulator. The question is how deeply could<br />
the episode cut into the state’s reputation for <strong>of</strong>fering<br />
legitimate games <strong>of</strong> chance? “That’s central<br />
to Vegas. We might as well close all our shops<br />
down if people think the games are dishonest,”<br />
said University <strong>of</strong> Nevada, Las Vegas Pr<strong>of</strong>essor<br />
Bill Thompson. At issue is an episode that appears<br />
to have resulted in a disgruntled high roller<br />
winning an invitation-only drawing for a Mercedes-<br />
Benz. The unidentified gambler had lost $5 million<br />
during a recent visit. The incident led to last<br />
week’s departure <strong>of</strong> four Venetian casino employees,<br />
including the property’s number two executive.<br />
Word <strong>of</strong> the investigation prompted University<br />
<strong>of</strong> Nevada, Reno Pr<strong>of</strong>essor Bill Eadington to<br />
question why Venetian executives didn’t simply<br />
give a free car to the gambler. “If this [was] just a<br />
way to placate a gambler without defrauding anybody,<br />
it’s just very bad judgment,” Eadington said.<br />
“On the other hand if it were a broader based raffle<br />
marketed to more than one person then you have<br />
a parallel to game fixing and race fixing, and then<br />
it becomes much more serious. In Nevada,<br />
there is almost a paranoia about the integrity<br />
<strong>of</strong> the games.”
HARNESS TRACKS OF AMERICA<br />
Executive Newsletter<br />
A daily fax and e-mail report on racing and gaming developments in North <strong>America</strong> and beyond<br />
June 14, <strong>2002</strong><br />
Stanley F. Bergstein, Editor<br />
N.A. CUP ELIMS SATURDAY<br />
The best 3-year-old pacers on the continent will<br />
line up Saturday night at Woodbine in three eliminations<br />
to determine the field for the CN$1.5 million<br />
Pepsi North <strong>America</strong> Cup to be held on June<br />
22. The Pepsi North <strong>America</strong> Cup is the<br />
penultimate event <strong>of</strong> Woodbine’s annual Festival<br />
<strong>of</strong> Racing Week, which concludes with the historic<br />
running <strong>of</strong> the Queen’s Plate for thoroughbreds<br />
on Sunday, June 23. This year’s elims have attracted<br />
all <strong>of</strong> the major contenders for divisional<br />
honors, headed by Mach Three, Mcardle, Red<br />
River Hanover and Royal Mattjesty. Twenty-four<br />
pacers entered the three $35,000 eliminations.<br />
The top three in each plus a fourth-place horse,<br />
drawn by lot, will qualify for the 19th edition <strong>of</strong> the<br />
classic pace.<br />
OTB PROPOSAL FOR MICHIGAN?<br />
Are money woes tempting lawmakers in Michigan<br />
to consider legalizing <strong>of</strong>f-track betting and<br />
gaming devices at racetracks? Perhaps, according<br />
to an article in today’s edition <strong>of</strong> the Detroit<br />
Free Press. The paper reports that Rep. Judith<br />
Scranton is fine-tuning bills that would allow <strong>of</strong>ftrack<br />
betting as well as slot machines, keno and<br />
pokers games at the state’s seven racetracks.<br />
While Gov. John Engler remains opposed to slot<br />
machines at tracks, he is receptive to other proposals,<br />
a spokesman said. Scranton said her primary<br />
aim is to “grow horse racing in Michigan,”<br />
which has been hurt badly by casinos in Detroit<br />
and expanded Indian casinos elsewhere.<br />
SWEDES GO ONLINE<br />
According to Onlinecasinonews.com, the Swedish<br />
parliament has voted in favor <strong>of</strong> allowing Internet<br />
lotteries, bingo and casino games. The<br />
country’s horse racing organization AB<br />
Trav och Galopp and non-pr<strong>of</strong>it charities<br />
will be able to feature online gambling as well.<br />
MORE ON GOODLATTE...<br />
As reported yesterday, once again the House Judiciary<br />
Committee concluded a weekly markup<br />
without reaching a final vote on H.R. 3215, the bill<br />
addressing online gaming sponsored by Rep. Bob<br />
Goodlatte, but it did manage to vote on a contentious<br />
amendment opposed by Goodlatte that failed<br />
15-15. Despite the bill’s running saga and the close<br />
vote on the amendment, Goodlatte told reporters<br />
after the markup that he wasn’t about to give up<br />
after five years <strong>of</strong> work on the issue and he was<br />
“absolutely” sure the bill eventually would clear<br />
the committee. Thursday saw an introduction <strong>of</strong> a<br />
substitute bill by Goodlatte that assuaged some<br />
concerns <strong>of</strong> the gaming industry but didn’t seem<br />
to make an impact on some <strong>of</strong> the fierce opposition<br />
he faced in his own committee. Goodlatte’s<br />
substitute addressed concerns <strong>of</strong> ISPs by ensuring<br />
that they wouldn’t be deputized as law enforcement<br />
agents required to monitor Web sites for links<br />
to illegal gambling sites. Instead, he said it would<br />
permit state law enforcement <strong>of</strong>ficials, upon receipt<br />
<strong>of</strong> a court order, to have an ISP break such a<br />
link. Rep. Robert Wexler <strong>of</strong> Florida continued his<br />
crusade for the dog racing and jai alai industries<br />
in his district with an amendment that would permit<br />
online gambling for any activity legal in a single<br />
state. In what he called “an appeal for fairness<br />
and equity,” Wexler urged his colleagues to support<br />
his amendment and prevent “a boondoggle<br />
for certain industries that have cachet in Congress”<br />
-- by which it can safely be assumed he<br />
meant the horse racing industry. Goodlatte said<br />
Wexler “completely mischaracterized” the bill, and<br />
that any special treatment for horse racing came<br />
from other laws already passed in favor <strong>of</strong> horse<br />
racing, undoubtedly a reference to the Interstate<br />
Horseracing Act. The Wexler amendment failed<br />
15-15. It is unclear when the full committee will<br />
take up H.R. 3215 again.
HARNESS TRACKS OF AMERICA<br />
Executive Newsletter<br />
A daily fax and e-mail report on racing and gaming developments in North <strong>America</strong> and beyond<br />
Stanley F. Bergstein, Editor<br />
CITIBANK<br />
TO BLOCK ’NET BETS<br />
Citibank, the nation’s largest credit card issuer,<br />
said Friday it has joined New York Attorney General<br />
Eliot Spitzer in signing an agreement to block<br />
Visa and Mastercard consumer credit transactions<br />
that are identified by those two companies as involving<br />
Internet gambling. “The steps required<br />
to block those transactions are not in place,”<br />
Citibank spokeswoman Maria Mandler said.<br />
Citibank said it wanted to “help alleviate concerns<br />
raised by the Attorney General about the impact<br />
gambling on credit may have on New York residents.”<br />
Spitzer said the agreement would reduce<br />
illegal, underage and potentially addictive Internet<br />
gambling. Blocking online gambling transactions<br />
will be applied to all states, not just in New York,<br />
Spitzer added. Other companies such as Bank <strong>of</strong><br />
<strong>America</strong>, Chase Manhattan Bank and MBNA also<br />
started their gambling transactions, he said. As<br />
part <strong>of</strong> the agreement, Citibank will contribute<br />
$400,000 to one or more nonpr<strong>of</strong>it organizations<br />
that provide gambling counseling and related services,<br />
Mendler said. Bank <strong>of</strong> <strong>America</strong> has been<br />
blocking authorizations that can be identified as<br />
Internet gambling since July 2001, said spokesman<br />
Brad Russel: “It’s strictly a liability and risk<br />
management issue. It’s too much <strong>of</strong> an exposure<br />
to the bank to allow” online gambling transactions.<br />
It is unclear at this time how Citibank’s decision<br />
might impact pari-mutuel account wagering operations<br />
located in the U.S. and <strong>of</strong>fshore.<br />
BANKR<br />
ANKRUPT<br />
UPTCY FOR EMERALD?<br />
Officials in Rosemont, Illinois, on Thursday asked<br />
a federal judge to declare the troubled Emerald<br />
Casino bankrupt and set in motion a liquidation <strong>of</strong><br />
Emerald’s assets, including its state gambling license.<br />
The winning bidder, village <strong>of</strong>ficials hope,<br />
would be allowed to run a casino, subject<br />
to Illinois Gaming Board approval, with<br />
June 17, <strong>2002</strong><br />
proceeds from the bankruptcy sale going first to<br />
Rosemont – which built a parking garage for the<br />
casino – and four other creditors to which Emerald<br />
owes $46.7 million. The filing last week by <strong>of</strong><br />
the “involuntary bankruptcy petition” with federal<br />
Judge Susan Pierson Sonderby stopped an administrative<br />
hearing called to decide if the Gaming<br />
Board was wrong to refuse to renew Emerald’s<br />
casino license in January 2001. Emerald has 20<br />
days to respond to the petition. Judge Sonderby<br />
could hold a hearing and rule on the petition in the<br />
next four to six weeks.<br />
DEAL ON TAXES IN IOWA?<br />
A?<br />
Iowa gambling industry leaders say they are willing<br />
to make a deal to settle the state’s racetrack<br />
and casino tax problem. “We want to be sensitive<br />
to the state community, so I don’t think anything<br />
is <strong>of</strong>f the table,” Thomas Flynn, a lawyer for Prairie<br />
Meadows Racetrack and Casino told the Associated<br />
Press. A split Iowa Supreme Court on<br />
Wednesday struck down a state law that taxes landbased<br />
casinos like Prairie Meadows at a higher<br />
rate than riverboat gambling operations (see HTA<br />
Executive Newsletter <strong>of</strong> June 12). The change is<br />
expected to cost the state $38.7 million in reduced<br />
racetrack taxes for the fiscal year beginning July<br />
1. As it stands now, the state may be forced to<br />
refund nearly $110 million in excess taxes that<br />
racetrack casinos in Iowa had paid since 1997.<br />
Prairie Meadows and Bluffs Run Casino and<br />
Greyhound Park are expected to receive $49 million<br />
in repayment, while Dubuque Greyhound Park<br />
and Casino may receive about $11.5 million. Jerry<br />
Crawford, an attorney working for the Iowa Greyhound<br />
Association said it’s possible that the tracks<br />
and state will settle the issue before it ever reaches<br />
the district court. Prairie Meadows has paid the<br />
most taxes <strong>of</strong> the 13 racetracks, riverboats and<br />
casinos.
HARNESS TRACKS OF AMERICA<br />
Executive Newsletter<br />
A daily fax and e-mail report on racing and gaming developments in North <strong>America</strong> and beyond<br />
Stanley F. Bergstein, Editor<br />
THE WORST FEARS REALIZED<br />
Disaster struck in Washington this morning when<br />
the House Judiciary Committee stripped horse<br />
racing’s exemption from the Goodlatte Internet<br />
prohibition bill and reported the measure out <strong>of</strong><br />
committee, 15 to 12. As passed by the committee,<br />
the bill makes gambling on the Internet, including<br />
horse racing, illegal, but it carries an even<br />
greater potential danger. If it were to pass the<br />
House and Senate in its present form, and get<br />
signed into law, it would end telephone account wagering<br />
in the 13 states in which it now is legal.<br />
There has been a gnawing fear in these quarters<br />
for months that an exemption for horse racing could<br />
not withstand the pressures <strong>of</strong> opposition from both<br />
inside and outside the industry. It is no consolation<br />
that those fears turned out to be accurate, and<br />
no likelihood that the exemption can be restored.<br />
So it would seem that horse racing now must muster<br />
whatever strength it can to make certain that<br />
the Goodlatte Bill -- H.R. 3215 -- does not pass.<br />
NO REVIEW IN OFFSHORE CASE<br />
The United States Supreme Court yesterday refused<br />
to review the conviction <strong>of</strong> Jay Cohen, the<br />
New York operator <strong>of</strong> an Antigua <strong>of</strong>fshore bookmaking<br />
operation. Although the operation -- World<br />
Sports Exchange -- advertised worldwide that all<br />
bets were to take place at its Internet server in<br />
Antigua, the U.S. government filed a criminal complaint.<br />
Cohen reported his income to the government,<br />
called his business “wagering” and paid<br />
taxes on it, and waived Antigua’s protection from<br />
extradition. He voluntarily returned to New York<br />
and was arrested and charged with conspiracy and<br />
illegal gambling. He was convicted and sentenced<br />
to 21 months in jail. After a federal appeals court<br />
upheld the conviction he asked the Supreme<br />
Court for review. Yesterday it rejected his<br />
petition, without comment.<br />
June 18, <strong>2002</strong><br />
WAR EMBLEM IN COURT<br />
Not the horse, but the million dollar bonus that he<br />
won for romping in the Illinois and Kentucky Derbies.<br />
Sportsman’s Park in Cicero, Illinois, filed<br />
suit yesterday in federal court, asking that it not<br />
have to pay the bonus until Russell Reineman and<br />
Bob Baffert’s sheik settle who is entitled to what.<br />
Reineman sold 90% <strong>of</strong> War Emblem to Prince<br />
Ahmed bin Salman <strong>of</strong> Saudi Arabia for $900,000<br />
after War Emblem won the Illinois Derby at<br />
Sportsman’s. Inexplicably, neither <strong>of</strong> the big<br />
money men addressed the specific issue <strong>of</strong> how to<br />
split the million dollar bonus. Perhaps the idea <strong>of</strong><br />
the colt winning the Kentucky Derby was so remote<br />
in their minds that neither thought it important.<br />
It is now, and Sportsman’s wants out <strong>of</strong> the<br />
middle.<br />
RICKMAN GETS MD OTB<br />
In another court matter, a judge in Dorchester<br />
county, Maryland, upheld a decision by the city<br />
zoning appeals board <strong>of</strong> Cambridge, MD, to allow<br />
William Rickman, owner <strong>of</strong> HTA member Ocean<br />
Downs and Delaware Park, to open a satellite simulcast<br />
facility in a shopping center he owns in<br />
Cambridge. Gambling opponents had been fighting<br />
the idea.<br />
KY, INDIANA STILL ON EDGE<br />
Budget stalemates in Kentucky and Indiana are<br />
threatening tracks in those states. In Kentucky,<br />
tax breaks for Churchill Downs and Keeneland that<br />
amount to $960,000 for the former and $372,000<br />
for the latter are endangered and will expire if a<br />
new state budget is not adopted by July 1, the end<br />
<strong>of</strong> Kentucky’s fiscal year. In Indiana, the political<br />
dogfight over new taxes roars on. The Senate<br />
stripped pull-tabs for tracks out <strong>of</strong> its bill, and it<br />
seems possible that the measure in that form<br />
might pass both houses without any conference<br />
committee action to alter the situation.
HARNESS TRACKS OF AMERICA<br />
Executive Newsletter<br />
A daily fax and e-mail report on racing and gaming developments in North <strong>America</strong> and beyond<br />
Stanley F. Bergstein, Editor<br />
FILION BACK AT HARRINGTON<br />
Herve Filion, who has won more races than anyone<br />
in world racing, regardless <strong>of</strong> breed, returns<br />
to action this coming Sunday at HTA member<br />
Harrington Raceway. Filion, who has been left<br />
hanging in legal limbo for six and one-half years<br />
without a conviction in New York state for allegations<br />
arising from conversations with bookmaker<br />
Danny Kramer, has been licensed in Delaware and<br />
Pennsylvania, and returns Sunday with 9 drives<br />
as he sets out on a quest to reach 15,000 victories.<br />
His current total is 14,783, and Filion, now 62, says,<br />
“Even though I haven’t driven in a while, I’ve<br />
been working with horses right along. I’m in top<br />
physical condition and I’m ready to go.” Herve’s<br />
son Brandon, when informed that a Canadian journalist<br />
questioned Filion’s physical ability to compete<br />
at 62, said, “He knows how to race horses.<br />
That’s one thing he will take to his grave.”<br />
Bennett Liebman, the former New York racing<br />
commissioner and distinguished author <strong>of</strong> <strong>Harness</strong><br />
<strong>Tracks</strong> <strong>of</strong> <strong>America</strong>’s 2001 “Law <strong>of</strong> Racetrack Exclusions,”<br />
who now is coordinator <strong>of</strong> the Albany<br />
Law School’s program on Racing and Wagering<br />
Law, recently wrote a lengthy report lamenting “the<br />
hole in the curtain <strong>of</strong> reciprocity” torn by the decision<br />
<strong>of</strong> Pennsylvania and Delaware commissions<br />
to license Filion in the manner they did, instead <strong>of</strong><br />
following procedures that could have avoided that<br />
circumstance. Liebman’s lamentation is understandable<br />
legally, but the personal view <strong>of</strong> the editor<br />
is that Filion was the subject <strong>of</strong> equally damaging<br />
distortions <strong>of</strong> justice during his exile, and that<br />
he deserves a chance to return to the pr<strong>of</strong>ession<br />
at which he was a master. The New York Racing<br />
and Wagering Board has steadfastly refused to<br />
grant that opportunity, citing “character and fitness<br />
issues,” a somewhat inconsistent<br />
stand in view <strong>of</strong> the board’s inaction, inability<br />
or unconcern about others charged<br />
June 19, <strong>2002</strong><br />
with serious <strong>of</strong>fenses inimicable to the best interests<br />
<strong>of</strong> racing who still are racing in the state.<br />
Although seasoned observers like editor Harold<br />
Howe <strong>of</strong> Standardbred Canada’s Trot magazine<br />
and publicity director John Pawlak <strong>of</strong> the United<br />
States Trotting Association have stated publicly<br />
that Filion has lost his reflexes and “has been away<br />
too long in a young guy’s game” the feeling here<br />
is that at 62 he still will drive circles around the<br />
caliber <strong>of</strong> competition he will be facing in his return.<br />
He may not be able to drive at his former<br />
l<strong>of</strong>ty level against the stars <strong>of</strong> the Meadowlands<br />
(and even that is a questionable premise) but he is<br />
not driving against them as he returns to the sport<br />
he dominated for so long.<br />
One <strong>of</strong> the most difficult honors to win in harness<br />
racing is <strong>Harness</strong> <strong>Tracks</strong> <strong>of</strong> <strong>America</strong>’s Driver <strong>of</strong><br />
the Year title. John Campbell, Mike Lachance and<br />
Walter Case Jr. each have won it three times; Dave<br />
Palone, Tony Morgan, Luc Ouellette, Bill<br />
O’Donnell and Ron Waples have won it twice.<br />
Herve Filion has won it 10 times, most recently in<br />
1989 when he was 49. He was the sport’s leading<br />
race-winning driver 15 times and runner-up on<br />
three other occasions. You can bet on the bobtailed<br />
nag. We’ll bet on Filion. Welcome back,<br />
Herve.<br />
DIVINE GUIDANCE FOR ESTOK<br />
HTA’s general counsel, Paul Estok, is driving to<br />
Toronto with this year’s Messenger Award for<br />
Jane Holmes and Caretaker <strong>of</strong> the Year award for<br />
Linda Coleman, both to be presented on North<br />
<strong>America</strong> Cup day Saturday. He stopped in Amarillo<br />
last night, and on the way to the exercise room<br />
was engulfed in a revival meeting <strong>of</strong> the Great<br />
Plains Pentacostal Ministries, urging him and 200<br />
faithful to “let Jesus in.” He left Amarill-<br />
Oh-My-God for Toronto this morning, driving<br />
the true path.
HARNESS TRACKS OF AMERICA<br />
Executive Newsletter<br />
A daily fax and e-mail report on racing and gaming developments in North <strong>America</strong> and beyond<br />
Stanley F. Bergstein, Editor<br />
BORST BLOCKS INDIANA BILL<br />
As a Sunday night deadline approaches, the fate<br />
<strong>of</strong> pull-tab legislation for tracks in Indiana remains<br />
in serious doubt. A former friend <strong>of</strong> racing and<br />
one <strong>of</strong> Indiana’s most powerful legislators, Senate<br />
Finance chairman Larry Borst, says he will not<br />
accept proposals that expand gambling in the state,<br />
and that includes the slot-like pull-tabs for Hoosier<br />
Park and Indianapolis Downs. This stumbling<br />
block appears key to any settlement in the Republican<br />
controlled Senate and Democratic controlled<br />
House by Sunday night, the deadline for<br />
the special session to adjourn. Indiana’s governor,<br />
Frank O’Bannon, has not indicated whether<br />
he would veto a bill providing for the pull-tabs, but<br />
one senator, Robert Weeks, said he thought<br />
O’Bannon would let a bill with pull-tabs in it become<br />
law without his signature. Whether such a<br />
bill reaches O’Bannon’s desk is far from certain.<br />
BAD SLOT NEWS IN OHIO, TOO<br />
A special committee formed to study the impact <strong>of</strong><br />
gambling in Ohio is about to throw cold water on<br />
the project. A draft report <strong>of</strong> the committee claims<br />
the costs <strong>of</strong> problem gambling if slots were introduced<br />
at Ohio tracks would outweigh the economic<br />
benefits to the state, and also says it believes an<br />
economic study on the issue done two years ago<br />
overstated the economic benefits. The eight-member<br />
committee is due to deliver the report to Gov.<br />
Bob Taft by June 30, and three members say they<br />
won’t agree to the committee recommendations.<br />
Senator Louis Blessing, a Cincinnati Republican<br />
and a prime backer <strong>of</strong> slots in Ohio, says the state<br />
is losing huge sums <strong>of</strong> money through Ohioans<br />
traveling to Indiana, West Virginia and other<br />
nearby states to gamble, leaving the problems but<br />
none <strong>of</strong> the potential benefits. As for economic<br />
benefits, Blessing says he doesn’t<br />
care if it’s $200 million or $500<br />
million...he’s for it.<br />
June 20, <strong>2002</strong><br />
RACING CRISIS IN AUSTRALIA<br />
Thoroughbred racing in Australia could come to a<br />
halt on July 1 if no solution is found to the refusal<br />
<strong>of</strong> insurance companies to cover jockeys in that<br />
country. The situation has reached crisis proportions,<br />
with the spokesman for the Australian Jockeys<br />
Association saying, “If we don’t have a policy,<br />
there won’t be any racing on the first <strong>of</strong> July.” A<br />
spokesman for the Workers Union said talks with<br />
insurance companies during the past week indicated<br />
premiums could rise by 200%, if the companies<br />
were willing to <strong>of</strong>fer any coverage at all. The<br />
jockeys had been covered for a total <strong>of</strong> $20 million,<br />
with each paying $460 a year for that coverage.<br />
They were told this year the premiums would<br />
be $1,000 to $1,500 a year, if available. There<br />
was a sell-<strong>of</strong>f <strong>of</strong> shares in Australia’s listed betting<br />
organizations -- TAB, Tabcorp and TAB<br />
Queensland -- yesterday as investors braced for<br />
the fallout from the stalemate. The issue affects<br />
jockeys in New South Wales, Victoria, South Australia<br />
and Western Australia. Coverage expires<br />
June 30 in all <strong>of</strong> those states, sites <strong>of</strong> the major<br />
thoroughbred racing in the country.<br />
NEW PICK 4 AT CHURCHILL<br />
Churchill Downs has announced a series <strong>of</strong> new<br />
Pick 4s, combining races at four <strong>of</strong> its far-flung<br />
tracks. With a $1 minimum and 19% takeout, the<br />
first three weekly rounds will include races from<br />
Churchill, Calder Race Course, Arlington Park and<br />
Hollywood Park. The fourth will combine races<br />
from Calder, Arlington, Hollywood and Ellis Park.<br />
EDGAR JOINS YOUBET BOARD<br />
Former Illinois governor Jim Edgar has joined the<br />
board <strong>of</strong> directors <strong>of</strong> Youbet.com. A longtime racing<br />
enthusiast, Edgar breeds both harness horses<br />
and thoroughbreds, and is a close personal friend<br />
<strong>of</strong> USTA director and breeder Dr. Ken Walker.
HARNESS TRACKS OF AMERICA<br />
Executive Newsletter<br />
A daily fax and e-mail report on racing and gaming developments in North <strong>America</strong> and beyond<br />
Stanley F. Bergstein, Editor<br />
‘EXPERTS’ SAY H.R. 3215 DOA<br />
You can take it for consolation if you wish, or fidget<br />
nervously or fiddle while Rome burns, but highly<br />
placed sources in racing and interactive wagering<br />
are saying that H.R. 3215 has all the chances <strong>of</strong> a<br />
snowball in hell <strong>of</strong> passing as approved by the Judiciary<br />
committee. One source told Interactive<br />
Gaming News that with the racing and other exemptions<br />
stripped from the bill, he didn’t see how<br />
Goodlatte could bring the bill successfully to the<br />
House floor. “Certainly,” that source said, “given<br />
the time frame in Congress and all the other things<br />
they have to deal with, the prospects <strong>of</strong> getting it<br />
done are...dim.” Another ‘insider’ said that without<br />
the support <strong>of</strong> the <strong>America</strong>n Gaming Association<br />
and the horse racing industry, “the bill has<br />
about a 10% chance <strong>of</strong> being put to a vote before<br />
the full House.”<br />
You can be comfortable with all <strong>of</strong> that if you wish,<br />
but this corner remains nervous. Perhaps we have<br />
less confidence in the wisdom <strong>of</strong> Congress than<br />
others, or less confidence in the ability <strong>of</strong> our industry<br />
to be effectively proactive rather than reactive,<br />
but a 10% chance <strong>of</strong> extinction, if that percentage<br />
is accurate, is not within our comfort level.<br />
As for Congressman Goodlatte, he either likes to<br />
whistle in the dark or is feigning confidence after<br />
Congressman Cannon <strong>of</strong> Utah submarined him and<br />
his bill. “We are pleased,” Goodlatte said, “to<br />
have reported such a strong bill out <strong>of</strong> the Judiciary<br />
Committee and look forward to working with<br />
the House leadership to bring this bill to the floor<br />
for a vote.” Maybe that’s just how they talk in<br />
Washington, but it sure does nothing to assuage<br />
our concerns. As a survivor <strong>of</strong> the after-midnight<br />
proceedings in New York in 1971 that gave us OTB,<br />
we have proceded in politics keeping our left up<br />
ever since. Call it cynicism or caution, we<br />
walk warily on this one.<br />
June 21, <strong>2002</strong><br />
INTERESTING DEVELOPMENTS<br />
Around the circuit.....PRAIRIE MEADOWS, in the<br />
wake <strong>of</strong> last week’s Iowa Supreme Court decision<br />
that leveled the tax playing field in Iowa between<br />
riverboats and casinos and lowered the track’s tax<br />
from 32% to 22% <strong>of</strong> gross revenues on slots, is<br />
reviving plans for a $25 million expansion.<br />
Bossman Bob Farinella says the expansion could<br />
include a multipurpose banquet hall and concert<br />
auditorium, a buffet area, restaurant and sports<br />
bar. Under the Supreme Court decision, Iowa<br />
could have to refund as much as $110 million that<br />
Iowa tracks have paid in taxes since 1997.......<br />
NORTHLANDS PARK in Edmonton has a wish<br />
list <strong>of</strong> its own. It is considering lengthening its<br />
track from its present 5/8ths <strong>of</strong> a mile to 6 1/2 furlongs<br />
and building a two-story expansion to house<br />
500-600 slots. GM Ken Knowles says there is<br />
speculation over a lot <strong>of</strong> things, “but nothing concrete<br />
at this point.”(No pun intended.).......West<br />
Virginia’s state tourism commission approved $2.5<br />
million in advertising matching grants this week,<br />
and in an enlightened acknowledgement <strong>of</strong> where<br />
the money came from, $1.26 million will go to<br />
MOUNTAINEER RACE TRACK AND GAM-<br />
ING RESORT and $909,895 to CHARLES TOWN<br />
RACES for major campaigns to promote the tracks<br />
as tourist destinations.......the DELAWARE<br />
COUNTY FAIR is considering adding as many<br />
as four beer gardens to its attractions this year,<br />
which should assure a full LITTLE BROWN JUG,<br />
the fair’s premier attraction......MAGNA ENTER-<br />
TAINMENT is unveiling the latest in voice recognition<br />
technology, allowing phone bettors to place<br />
their bets by speaking, without the need <strong>of</strong> a live<br />
operator. The system, called XpressBet Betty, has<br />
been tested for several months with 8,000 customers<br />
in Magna’s The Meadows telephone account<br />
network. It currently updates account information<br />
and soon will provide odds, results and<br />
other racing data.
HARNESS TRACKS OF AMERICA<br />
Executive Newsletter<br />
A daily fax and e-mail report on racing and gaming developments in North <strong>America</strong> and beyond<br />
Stanley F. Bergstein, Editor<br />
SUPERSTARS ARE NEWS<br />
That is not a startling revelation, as Tiger Woods<br />
and Michael Jordan and the Williams Sisters have<br />
reaffirmed so conclusively, but it was there for all<br />
in harness racing to see in this morning’s New York<br />
Times. Herve Filion, one <strong>of</strong> the true superstars <strong>of</strong><br />
the sport, returned to action at Harrington Raceway,<br />
and the Times played it big, with a four-column<br />
headline and strong story by Bill Finley and a<br />
three-column picture. Finley alluded to “numerous<br />
fixing scandals,” which is news here, but his<br />
story still was remarkable coverage for <strong>America</strong>’s<br />
foremost newspaper, which ignores the sport on a<br />
daily basis (not a line, for example, on Canada’s<br />
richest horse race, the $1.5 million North <strong>America</strong><br />
Cup, won by 3-year-old pacer Red River Hanover<br />
Saturday night). But Filion returning is a remarkable<br />
story, in view <strong>of</strong> how the law and the New<br />
York Racing and Wagering Board have handled<br />
him over the last six plus years. Although cynics<br />
doubt his reflexes and skills, he smiled them <strong>of</strong>f<br />
and quickly won three races, boosting his lifetime<br />
total to 14,786. He has only 214 to go to reach his<br />
goal <strong>of</strong> 15,000, and there is little doubt he will do<br />
it, jogging. There also is little doubt that he will<br />
keep on going from there. Perhaps the highest<br />
tribute paid Herve on his return, along with the<br />
Times feature, was a generous story on Blood-<br />
Horse Interactive, the Internet service <strong>of</strong> thoroughbred<br />
racing’s weekly Blood-Horse magazine.<br />
Herve Filion is back racing, contending that he did<br />
nothing wrong and would not hurt the sport that<br />
has been his life and livelihood. A crowd that<br />
Harrington general manager Jim Boese called “the<br />
biggest in the years I’ve been here” surged forward<br />
to acclaim Filion, and some 50 people<br />
crowded the winner’s circle to congratulate him after<br />
his first victory. Harrington’s $544,764 handle<br />
was the biggest Sunday in the track’s history,<br />
up $150,000 over last year without<br />
much help from simulcasting.<br />
June 24, <strong>2002</strong><br />
NO JOY BACK HOME IN INDIANA<br />
If there was celebrating in Delaware, there was<br />
none in Indiana, where -- after a first vote in the<br />
House failed to pass a compromise budget bill without<br />
pull-tabs for tracks -- 9 legislators changed<br />
their votes, 12 Republicans joined 39 Democrats,<br />
and the required 51 votes were reached to send<br />
the bill to governor Frank O’Bannon, who said he<br />
would sign it immediately. So Hoosier Park and<br />
Indianapolis Downs were deprived <strong>of</strong> the slot-like<br />
machines, as Senator Larry Borst had promised<br />
they would be. Even worse, the legislators did pass<br />
permission for Indiana’s riverboats to remain open<br />
while docked, allowing customers to come and go<br />
as they wish without having to board for cruising.<br />
<strong>Inc</strong>reased taxes on the riverboat casinos, and on<br />
sales, cigarettes and gasoline, are expected to fill<br />
$600 million <strong>of</strong> Indiana’s budget deficit, but that<br />
still leaves a $400 million gap. Gov. O’Bannon<br />
called the bill, which passed 51-45 on the next to<br />
last day <strong>of</strong> his special session, “monumental.” It<br />
remains to be seen just how monumental it turns<br />
out to be.<br />
ROSEMONT BATTLES ON<br />
The Battle <strong>of</strong> Rosemont rages on. The northwest<br />
Chicago suburb announced over the weekend that<br />
it will sue to stop a proposal that the Illinois Gaming<br />
Board says it has worked out with the Emerald<br />
Casino and will unveil this Wednesday. The Chicago<br />
Sun-Times says the proposal calls for<br />
Emerald’s license to be auctioned <strong>of</strong>f through a<br />
board-controlled process that could shift the casino<br />
out <strong>of</strong> Rosemont. The village’s mayor, Donald<br />
Stevens, has vowed that won’t happen, and it appears<br />
the village and other creditors will pull out<br />
all stops to see that it doesn’t. Rosemont’s attorney<br />
says he will subpoena all documents related<br />
to the proposed settlement. The gaming board’s<br />
administrator says despite that all signals are<br />
go.
HARNESS TRACKS OF AMERICA<br />
Executive Newsletter<br />
A daily fax and e-mail report on racing and gaming developments in North <strong>America</strong> and beyond<br />
Stanley F. Bergstein, Editor<br />
MORE FROM INDIANA<br />
It didn’t take long for investors to boost the stocks<br />
<strong>of</strong> companies with Indiana riverboat casinos after<br />
the Hoosier legislature gave them the gift <strong>of</strong><br />
dockside gambling, converting them into full blown<br />
free-standing casinos. Despite an increase in taxes<br />
that accompanied the measure, Boyd Gambling<br />
was up $1.25 to $13.85, Harrah’s shares rose 27<br />
cents to $46.54, Park Place was up 1 cent at<br />
$10.25, Argosy rose $1.45 to $27.75, and Trump<br />
Hotels and Casino Resorts shares rose by 4 cents<br />
to $2.25. Indiana’s riverboat casinos currently pay<br />
a flat 20% tax on all revenue. Under the new bill<br />
those with annual revenues <strong>of</strong> $50 million to $75<br />
million will pay 25%, those with revenues from $75<br />
million to $100 million will pay 30%, and on all<br />
revenue over $150 million the tax rate will be 35%.<br />
In those counties that do not allow dockside gaming,<br />
the tax will still go up, from 20% to 22.5%.<br />
The $3 a head admission tax remains, and Hoosier<br />
Park still will receive 65 cents from each admission,<br />
capped at <strong>2002</strong> numbers despite casino<br />
dockside gains.<br />
SLEEPLESS IN SARATOGA<br />
Skip Carlson, general manager <strong>of</strong> HTA’s Saratoga<br />
Equine Sports Center member, is staying up late<br />
at night these days, working with seven other New<br />
York tracks to try to get the hours for forthcoming<br />
slots broadened. The law that was passed, and is<br />
now being challenged in court, provides for operating<br />
hours from 10 a.m. to 10 p.m. Sunday through<br />
Thursday, and noon to midnight Friday and Saturday.<br />
The consortium <strong>of</strong> tracks want the hours extended<br />
from 10 p.m. to 2 a.m., or preferably even<br />
3 a.m. Carlson says the hours from 10 until 2 a.m.<br />
“are very important hours. That would be great if<br />
it happens.” Barry Schwartz, chairman and<br />
CEO <strong>of</strong> the New York Racing Association,<br />
says “the most productive hours are after<br />
midnight.”<br />
June 25, <strong>2002</strong><br />
AND IN THIS CORNER......<br />
If you like heavyweight championship fights, forget<br />
about Lennox Lewis and the 6-foot-7 and 6-<br />
foot-8 Russian brothers who want to challenge him,<br />
or any <strong>of</strong> the other pugs waiting in line. A real<br />
world class championship is shaping up in Macau,<br />
where Steve Wynn signed a deal yesterday to build<br />
a hotel casino next door to one operated by the<br />
longtime ruler <strong>of</strong> Macau gambling, Stanley Ho.<br />
Wynn, in Macau, was modest and humble, saying<br />
all he could think <strong>of</strong> were “the challenges ahead”<br />
competing with Ho, who has had a stranglehold on<br />
gambling there for the last 40 years. Wynn called<br />
Ho “a very intelligent, canny businessman,” which<br />
is understatement on a grand scale. Ho’s flagship<br />
casino, the Lisboa, is modest by Las Vegas standards.<br />
We’re not sure what Wynn plans to build<br />
on the six lots that the government has granted<br />
him next door to the Lisboa, but we’re certain it<br />
won’t be modest or unpretentious. Wynn has been<br />
given a 20-year contract and must invest $497.8<br />
million within seven years and finish the first phase<br />
<strong>of</strong> construction by 2006. Winnings in his casino<br />
will be taxed at 35%, but an additional 4% for<br />
Macau charities and infrastructure, with a $3.7 million<br />
annual fee to government starting in June,<br />
2005, and unspecified taxes on each table game<br />
and slot machine. The Associated Press, interviewing<br />
Hong Kong gamblers enroute on the ferry from<br />
Hong Kong to Macau to gamble, quoted them as<br />
saying “the competition should make it more fun<br />
and at least things will be cheaper,” and “Stanley<br />
Ho won’t be able to have his own way all the time<br />
any more.” The annual Macau win is estimated<br />
at $2 billion, and a JP Morgan analyst said the<br />
enormous market “is a wonderful opportunity for<br />
a developer with Wynn’s experience, particularly<br />
with the Asian high-end market.” A third Macau<br />
license has been awarded to Galaxy Casino company,<br />
controlled by Venetian hotel owner<br />
Sheldon Adelson.
HARNESS TRACKS OF AMERICA<br />
Executive Newsletter<br />
A daily fax and e-mail report on racing and gaming developments in North <strong>America</strong> and beyond<br />
Stanley F. Bergstein, Editor<br />
UPSAN DOWNS AT CHURCHILL<br />
Interesting developments at Churchill Downs. The<br />
city <strong>of</strong> Louisville’s board <strong>of</strong> aldermen have introduced<br />
a plan for the city to take title <strong>of</strong> Churchill<br />
for 30 years, then lease the track back to Churchill<br />
for $1 a year. The deal will remove Churchill from<br />
city, county and state property tax rolls, and<br />
Churchill in turn will make annual payments <strong>of</strong><br />
some $250,000 a year to the Jefferson county<br />
board <strong>of</strong> education and hold Louisville harmless<br />
from any liability. That comes to some $7.5 million<br />
over the 30-year span, and will help Churchill<br />
finance phase 2 <strong>of</strong> its $130 million renovation program.<br />
Phase 2 will include 12 new corporate suites,<br />
a 1,700-seat satellite wagering facility, new track<br />
lighting for night racing, a new dining facility and<br />
turf club, new premium box seats, a new track<br />
entryway, a new press box, and a new sports bar<br />
and lounge. The lease-back arrangement is the<br />
second big score for Churchill this month. The aldermen<br />
earlier voted to make the track a special<br />
taxing district, with returns to Churchill <strong>of</strong> up to<br />
80% <strong>of</strong> new sales and occupational tax revenue<br />
generated by the track expansion. That break<br />
could return as much as $150,000 a year to<br />
Churchill. Less pleasing to Churchill was the news<br />
that two Louisville horse owners, Tim McCall and<br />
David Holloway, have announced plans to build a<br />
$20 million quarter horse track in southeastern<br />
Kentucky, not too far distant from Knoxville, Tennessee,<br />
to conduct three days <strong>of</strong> live quarter horse<br />
racing a year, and <strong>of</strong> course simulcasting year round<br />
for those Tennesseans deprived <strong>of</strong> gambling in<br />
their state. As preposterous as that may sound, it<br />
has caught the attention and indignation <strong>of</strong> Churchill<br />
Downs president Alex Waldrop, who noted that<br />
three Kentucky OTB facilities are near the proposed<br />
quarter horse track. “This would be a<br />
sucker punch to Kentucky racing,”<br />
Waldrop was quoted as saying about the<br />
proposed track.<br />
June 26, <strong>2002</strong><br />
NYRA EMPLOYEES CHARGED<br />
New York Newsday reports this morning that 16<br />
employees <strong>of</strong> the New York Racing Association<br />
have pleaded guilty to filing false income tax returns,<br />
and that federal prosecutors are investigating<br />
“what they believe has been mass tax evasion<br />
for more than two decades by employees.” The<br />
prosecution involves mutuel tellers at the track,<br />
and according to the report the thrust <strong>of</strong> the evasion<br />
scheme involved workers taking between<br />
$9,000 to $25,000 a year out <strong>of</strong> the track cash drawers<br />
for personal use, then having track <strong>of</strong>ficials<br />
give them statements saying they were short <strong>of</strong><br />
the money at the end <strong>of</strong> the day. According to the<br />
newspaper, “tellers are responsible for making up<br />
missed amounts out <strong>of</strong> their own pockets, but under<br />
federal tax laws the amounts can be written<br />
<strong>of</strong>f as unreimbursed business expenses.” The<br />
paper said that “sources familiar with the probe<br />
say that the amount <strong>of</strong> money involved may run<br />
up to as much as $20 million, and as many as 200<br />
employees <strong>of</strong> the tracks are believe to have been<br />
involved.” Newsday said the complex evasion<br />
scheme was described as a kind <strong>of</strong> illegal fringe<br />
benefit, and a source told the paper that it “was<br />
started by employees and <strong>of</strong>ficials in an attempt<br />
to buy labor peace during bitter management-employee<br />
strife in the 1970s.” NYRA’s response to<br />
the story is expected today. Tellers charged face<br />
up to 3 years in prison, according to Newsday.<br />
CAL INTERNET BILL FAILS<br />
A bill to ban Internet gambling in California failed<br />
for the third year in a row yesterday, when the<br />
measure died without a vote after no member <strong>of</strong> a<br />
Senate committee would second the motion to consider<br />
it. Indian interests have vigorously opposed<br />
the proposed measure. It may be dreaming, but it<br />
can be hoped the action is a precursor <strong>of</strong> similar<br />
action in the U.S. House and Senate.
HARNESS TRACKS OF AMERICA<br />
Executive Newsletter<br />
A daily fax and e-mail report on racing and gaming developments in North <strong>America</strong> and beyond<br />
Stanley F. Bergstein, Editor<br />
AROUND THE CIRCUIT.....<br />
The New Jersey Racing Commission has moved<br />
to adopt regulations that would make possession<br />
or use <strong>of</strong> EPO a prohibited practice. The announcement<br />
<strong>of</strong> intentions states “No recognized analytical<br />
method has been developed to detect and confirm<br />
the administration <strong>of</strong> such substances, which<br />
are believed to endanger the health and welfare<br />
<strong>of</strong> the horse, the safety <strong>of</strong> the competitors and<br />
adversely affect the integrity <strong>of</strong> racing.” California<br />
has taken similar action to follow the lead <strong>of</strong><br />
the Association <strong>of</strong> Racing Commissioners International,<br />
and Kentucky has announced it is considering<br />
similar action. The chairman <strong>of</strong> the New<br />
Jersey commission, John J. Tucker, said, “Until<br />
tests are developed to identify such harmful substances,<br />
all regulatory bodies should follow the lead<br />
<strong>of</strong> the RCI by adoption <strong>of</strong> similar regulations banning<br />
them from racing.”<br />
In Indiana, state casino regulators dropped the<br />
anvil on R. D. Hubbard, former chairman <strong>of</strong><br />
Belterra Resort and Casino (and once <strong>of</strong> Hollywood<br />
Park). The state gaming commission fined<br />
Hubbard $740,000 over allegations that the casino<br />
flew in California prostitutes to entertain VIP<br />
guests at a weekend golf outing last year. Hubbard<br />
earlier was forced to sell his stock in Belterra and<br />
give up his Indiana casino license, and he and Pinnacle<br />
Entertainment CEO Paul Alanis resigned<br />
shortly after a lawsuit was filed by two former female<br />
employees who sued seeking punitive damages<br />
for emotional distress and lost and future<br />
wages. No penalty has been levied yet against<br />
the casino, but one is promised.<br />
In Maryland, an attorney for the Maryland Jockey<br />
Club told the House Ways and Means committee,<br />
“There is no agreement now,” in response<br />
to reports that Magna was buying<br />
Pimlico and Laurel.<br />
June 27, <strong>2002</strong><br />
In Illinois, Gov. George Ryan’s line veto <strong>of</strong> the<br />
recapture provision that has compensated tracks<br />
substantially since 1995 will have an immediate<br />
effect on purses. Arlington Park has told its horsemen<br />
it will downsize average daily purses for its<br />
Festival <strong>of</strong> Racing from $260,000 a day to $240,000<br />
a day as a direct result <strong>of</strong> the veto. Recapture has<br />
been a stop loss provision guaranteeing tracks<br />
1994 pre-full card simulcasting figures. A total <strong>of</strong><br />
$56 million has been disbursed since 1995, and Arlington<br />
was to have received another $3.7 million<br />
this year. Sportsman’s Park, which already has<br />
dispersed its purse money based on recapture expectations,<br />
was to have received $3.5 million, and<br />
HTA’s Hawthorne member, currently conducting<br />
harness racing, was in line for $2 million in recapture<br />
funds, according to the Chicago Sun-Times.<br />
In New Jersey, the Thoroughbred Horsemen’s Association<br />
continues its political warfare. First it<br />
aimed at changing the Internet Horseracing Act in<br />
Congress. Now its target is the state racing commission,<br />
and it found a New Jersey legislator who<br />
introduced a bill that would restructure the commission,<br />
with four <strong>of</strong> the nine members to be horsemen,<br />
and with the prohibition on commission members<br />
owning horses removed. Mike Farrell, writing<br />
in the Bergen Record, said, “The prospect <strong>of</strong><br />
being legislated out <strong>of</strong> their current positions does<br />
not thrill the sitting commissioners.” One indication<br />
<strong>of</strong> the accuracy <strong>of</strong> that observation was the<br />
commissioners action, issued without comment,<br />
to approve only $133,000 <strong>of</strong> the horsemen’s association<br />
budget request, saying it would like more<br />
details on the remaining $427,000, which includes<br />
political donations and lobbying expenses.<br />
In New York, Newsday reports that the 16 NYRA<br />
employees who pleaded guilty to tax fraud are still<br />
working at the track.
HARNESS TRACKS OF AMERICA<br />
Executive Newsletter<br />
A daily fax and e-mail report on racing and gaming developments in North <strong>America</strong> and beyond<br />
Stanley F. Bergstein, Editor June 28, <strong>2002</strong><br />
INDY DOWNS INVESTIGATION<br />
Joe Gorajec, executive director <strong>of</strong> the Indiana<br />
Horse Racing Commission, has notified Indianapolis<br />
Downs, currently building a track near the capitol<br />
city, that it is under investigation and that he<br />
has recommended it be fined $1.2 million for nondisclosure<br />
<strong>of</strong> information that has “seriously tarnished<br />
the reputation and the image <strong>of</strong> the Commission.”<br />
The allegations concern seven findings <strong>of</strong> fact<br />
charging nondisclosure involving the role and actions<br />
<strong>of</strong> Larry Mohr, who the commission says<br />
acted as advisor and consultant for Indianapolis<br />
Downs during its license application hearings. The<br />
allegations contend Mohr had improper communications<br />
with commission members on at least five<br />
occasions during that period. The track contends<br />
Mohr’s services and those <strong>of</strong> DSB Associates, the<br />
firm with which he was affiliated, were “fully disclosed<br />
to the Commission in Indianapolis Downs’<br />
February 2001 Shelby county permit application.”<br />
Gorajec calls that statement “an insult to the intelligence<br />
<strong>of</strong> the Commission, its staff, the horse<br />
racing community in Indiana and the general public,”<br />
and says “There is simply no reasonable way<br />
to arrive at the conclusion suggested by Indianapolis<br />
Downs when a fair and objective analysis<br />
is made <strong>of</strong> facts which have been long known to<br />
them but which have only recently been provided<br />
to the Commission.”<br />
Gorajec’s recommendation to the Commission<br />
calls for a $1 million fine for nondisclosures, and a<br />
$200,000 fine for “attempting to perpetrate a misrepresentation<br />
on the Commission.” His letter to<br />
Indianapolis Downs’ attorneys called the charges<br />
“a very serious <strong>of</strong>fense,” and he closed his letter<br />
by saying, “When it comes to disclosing<br />
required information, you don’t play ‘hideand-seek’<br />
with the Indiana Horse Racing<br />
Commission.”<br />
HOW ABOUT A BILLION?<br />
As expected, the Illinois Gaming Board unveiled<br />
a plan yesterday to hold an open, competitive auction<br />
<strong>of</strong> the state’s last gaming license, one that<br />
could bring a casino to the immediate Chicago area.<br />
The auction sale, regardless <strong>of</strong> what it brought,<br />
would compensate the investors in the embattled<br />
and stalemated Emerald Casino only what they had<br />
invested, and no more. The gaming board is expected<br />
to vote on the proposal next Monday. While<br />
new money would not enrich the original investors,<br />
the proposal calls for the successful buyer to pick<br />
up as much as $150 million in lawyers’ fees and<br />
other liabilities incurred by Emerald during the last<br />
three years <strong>of</strong> bitter litigation. That money includes<br />
a parking garage already built and a steel skeleton<br />
<strong>of</strong> the stalled casino in suburban Rosemont,<br />
which may or may not be the location <strong>of</strong> the casino,<br />
when it finally gets built. No commitment<br />
has been made on that, but the fact that the successful<br />
buyer would have to pay for the garage<br />
and existing steel structure, and has a favorable<br />
city management behind the idea, now makes it<br />
seem that Rosemont may wind up with the casino<br />
after all. Gaming board chief Philip Parenti thinks<br />
the bidding process will determine if the $669 million<br />
<strong>of</strong>fered earlier by MGM/Mirage could be “the<br />
high water mark or whether it could be higher,”<br />
and the attorney for the board thinks the license<br />
might be worth a billion dollars. The managing<br />
director <strong>of</strong> J.P. Morgan in New York, Harry Curtis,<br />
disagrees strongly. He says, “if they think they’re<br />
going to get someone to pay a billion dollars in a<br />
state where the legislature is clearly anti-gaming,<br />
then they’re smoking something. For them to use<br />
the gaming industry as a whipping boy by taking<br />
their tax rate up 10% is going to scare any potential<br />
buyer from paying a premium for that license.”<br />
MGM/Mirage already dropped out <strong>of</strong> the bidding<br />
after the tax hike on riverboat casinos.
HARNESS TRACKS OF AMERICA<br />
Executive Newsletter<br />
A daily fax and e-mail report on racing and gaming developments in North <strong>America</strong> and beyond<br />
Stanley F. Bergstein, Editor<br />
A DIFFERENCE OF OPINION<br />
Developments in California and Oklahoma in<br />
recent days illustrate the wide gap in the status<br />
<strong>of</strong> Internet betting. In Oklahoma, the attorney<br />
general announced that since anything not specifically<br />
permitted is automatically illegal, and<br />
that the state’s strict antigambling laws do not<br />
permit Internet or telephone betting, it is illegal<br />
to place or take a bet on horse racing by phone<br />
or Internet in the state. A similar result was<br />
reached in Nebraska last month when the state<br />
Supreme Court agreed with the attorney general<br />
on the same issue.<br />
In California, however, where Indian tribes now<br />
have huge influence through political contributions,<br />
not one legislator would second a motion<br />
to ban Internet wagering in the state senate, as<br />
reported here last week. The Los Angeles Times,<br />
commenting on this, said, “Alas, politicians are<br />
reluctant to seek any such limits on the tribes,<br />
which are among their top campaign contributors.”<br />
The issue is more than academic, for the bills now<br />
floating around in Washington present a real and<br />
present danger to racing. Most observers now<br />
doubt an Internet ban will pass, but the threat<br />
lies in the possibility <strong>of</strong> a compromise. Frank<br />
Fahrenkopf, president <strong>of</strong> the <strong>America</strong>n Gaming<br />
Association which now opposes the Goodlatte bill<br />
after last week’s Chris Cannon amendment,<br />
thinks the House Republican leadership doesn’t<br />
want to have two Internet bills, and that there<br />
will be an attempt to come up with something<br />
acceptable to both Goodlatte and Jim Leach <strong>of</strong><br />
Iowa, who wants to outlaw credit cards and bank<br />
instruments in connection with gaming. Rep.<br />
Mike Oxley <strong>of</strong> Ohio, chairman <strong>of</strong> the<br />
House Financial Services committee,<br />
appears to oppose the Leach bill, and has<br />
asked for time to debate it.<br />
July 1, <strong>2002</strong><br />
The 14 members <strong>of</strong> the House Gaming Caucus,<br />
meanwhile, are scheduled to meet during the<br />
coming fortnight to formulate their stand on<br />
Internet gambling. There is no way for racing<br />
to rest easy.<br />
NO BOYCOTT AT HOLLYWOOD<br />
A boycott <strong>of</strong> the entry box, threatened at Hollywood<br />
Park Saturday, was avoided yesterday following<br />
talks between track management and<br />
horsemen. The issue involves huge increases in<br />
workers compensation insurance rates. It is not<br />
clear what horsemen thought tracks could do to<br />
solve a national insurance crisis, and apparently<br />
that message got through and a race-less Wednesday<br />
was avoided.<br />
Other tracks lost cards, however. The Meadowlands<br />
had to cancel after three races in a furious<br />
thunderstorm last Thursday night, and Rosecr<strong>of</strong>t<br />
Raceway in Maryland lost its Saturday program<br />
through a power outage and loss <strong>of</strong> its lighting<br />
system. CEO Tom Chuckas Jr. said he waited<br />
as long as he could before cancelling, but made<br />
the call in deference to guests, horsemen and employees<br />
after the local power company was unable<br />
to correct the underground problem in time<br />
for Saturday night’s card.<br />
BOB CAREY DIES AT 67<br />
Chicago racing lost one <strong>of</strong> its most popular figures<br />
Saturday night when Robert F. Carey Jr.<br />
died as a result <strong>of</strong> injuries suffered in a fall last<br />
November. Carey was assistant to his older<br />
brother Tom, president <strong>of</strong> Hawthorne. HTA<br />
sends its deepest sympathy to Tom, Tom III and<br />
the entire Carey family.<br />
WINDSOR NEEDS RACING SECY.<br />
Windsor Raceway is looking for a full-time<br />
racing secretary, preferably a Canadian citizen.
HARNESS TRACKS OF AMERICA<br />
Executive Newsletter<br />
A daily fax and e-mail report on racing and gaming developments in North <strong>America</strong> and beyond<br />
Stanley F. Bergstein, Editor<br />
VERNON CLEAR FOR THE YEAR<br />
The New York State Racing and Wagering Board<br />
this morning cleared the way for Vernon Downs to<br />
celebrate its 50th anniversary Saturday, and go<br />
on beyond that to finish out its <strong>2002</strong> season running<br />
through Nov. 9 with live racing and simulcasting.<br />
The board granted a temporary license that<br />
permits Mid-State Raceway, Vernon’s parent, to<br />
honor the terms <strong>of</strong> its contract with Shawn Scott,<br />
lifting restrictions imposed on April 8. Those restrictions<br />
had prevented contact between Vernon<br />
and Scott. Under today’s action, the board requires<br />
the licensing <strong>of</strong> John Baldwin, an associate <strong>of</strong><br />
Scott’s, and the creation <strong>of</strong> a segregated escrow<br />
account to ensure that purses are paid in light <strong>of</strong><br />
Vernon’s projected $1.7 million deficit from racing<br />
operations. The board has been reviewing Scott’s<br />
status since a significant amount <strong>of</strong> financial influence<br />
over the operation and business practices <strong>of</strong><br />
the track are being transferred to Scott and his<br />
associates, who loaned Vernon $8.5 million in April.<br />
Presuming all goes well, Scott will get to appoint<br />
half <strong>of</strong> Mid-State’s board <strong>of</strong> directors, giving him<br />
control <strong>of</strong> Vernon. Saturday’s anniversary celebration<br />
will be clouded a bit by a lawsuit filed yesterday<br />
in New York City on behalf <strong>of</strong> the Eric Cherry<br />
group that tried to buy Vernon for $9 million last<br />
year. The suit against the track and several major<br />
stockholders alleges fraud and breach <strong>of</strong> contract,<br />
the Syracuse Post-Standard reports.<br />
A CHANGE OF SCENERY<br />
Indiana Horse Racing Commission member Nick<br />
Stein, an attorney who was one <strong>of</strong> the commission<br />
members allegedly contacted by lobbyists for Indianapolis<br />
Downs during that track’s licensing hearings,<br />
has been moved from the racing commission<br />
to the Indiana Criminal Justice Institute’s board<br />
at the request <strong>of</strong> Gov. Frank O’Bannon.<br />
Stein was formerly chairman <strong>of</strong> the racing<br />
commission.<br />
July 2, <strong>2002</strong><br />
CIANCHETTES IN THE NEWS<br />
Ival (Bud) Cianchette is a well known figure in<br />
Maine harness racing, having been involved with<br />
the sport there for more than 40 years and having<br />
once served as chairman <strong>of</strong> the state’s harness<br />
racing commission. He also is a long time director<br />
<strong>of</strong> the United States Trotting Association. Currently<br />
he is in the news because his son Peter is<br />
the Republican candidate for governor <strong>of</strong> the state.<br />
Bud has paid $10,000 to sponsor races that are<br />
‘sold’ by the Maine <strong>Harness</strong> Racing Promotion<br />
Board, and he is running ads helping promote 13<br />
races that are part <strong>of</strong> three series at fairs and<br />
tracks across the state. His son’s opponents are<br />
screeching that Bud “is trying to buy the kid the<br />
governorship.” Bud says Peter “knew absolutely<br />
nothing about it,” and says his son’s candidacy was<br />
“absolutely not my motivation” when he agreed<br />
to sponsor the races. The board had voted 8-to-1<br />
to accept Bud’s sponsorship <strong>of</strong> the three racing<br />
series. The ads will not mention Peter Cianchette’s<br />
name or his candidacy, so date campaign finance<br />
laws do not apply, according to the executive director<br />
<strong>of</strong> the state’s Commission on Governmental<br />
Ethics and Election Practices.<br />
THAT EMERALD GLOW IS PEACE<br />
A year and a half <strong>of</strong> warfare in Chicago between<br />
the backers <strong>of</strong> the Emerald Casino and the Illinois<br />
Gaming board has ended, as far as the two combatants<br />
are concerned. The board voted to settle<br />
with the Emerald investors, allowing them to recoup<br />
their original investments but not make a<br />
pr<strong>of</strong>it, and try to sell their license to a new buyer.<br />
The board vote was 4-0, and the decision was immediately<br />
attacked by Donald Stephens, mayor <strong>of</strong><br />
Rosemont, where the casino -- stalled for five<br />
years --is still nothing more than a steel skeleton.<br />
The board and shareholders may agree, but there<br />
is much more to come in this story, including<br />
high controversy.
HARNESS TRACKS OF AMERICA<br />
Executive Newsletter<br />
A daily fax and e-mail report on racing and gaming developments in North <strong>America</strong> and beyond<br />
Stanley F. Bergstein, Editor<br />
PENNSYLVANIA KO’S EPO<br />
Pennsylvania is the latest state to drop the hammer<br />
on the possession or use <strong>of</strong> EPO. The thoroughbred<br />
commission has banned erythropoietin,<br />
darbepoietin, and perfluorocarbon emulsions that<br />
also can act as blood enhancers. While still awaiting<br />
completion <strong>of</strong> a test for those substances, the<br />
commission action puts the <strong>of</strong>fenders on the side<br />
<strong>of</strong> illegality, and hopefully both thoroughbred and<br />
harness racing will be able to get rid <strong>of</strong> some <strong>of</strong><br />
the most flagrant users.<br />
INDY DOWNS IN EVANSVILLE<br />
Indianapolis Downs got some good news for a<br />
change, when the Indiana Horse Racing Commission<br />
yesterday granted unanimous approval for its<br />
application for an OTB parlor in Evansville, the<br />
first license granted for southern Indiana. Indy<br />
GM Gil Short says the track plans to spend $1.2<br />
million to renovate a former food supermarket in<br />
a shopping center on Evansville’s east side, a location<br />
that met with hearty approval from commission<br />
executive director Joe Gorajec. The parlor<br />
will feature an upscale restaurant, bar, concessions<br />
and betting facilities for up to 400 people,<br />
and puts Indianapolis Downs in direct competition<br />
with Churchill Downs’ Ellis Park, on the Ohio river<br />
in Henderson, KY. Short says the site could be<br />
ready when the track opens, currently scheduled<br />
for December.<br />
NEW ILLINOIS BOARD BOSS<br />
Dennis Bookshester, a former chairman <strong>of</strong> famed<br />
Chicago retailer Carson Pirie Scott and more recently<br />
head man <strong>of</strong> Fruit <strong>of</strong> the Loom, has been<br />
named chairman <strong>of</strong> the Illinois Racing Board, succeeding<br />
Ralph Gonzalez. Gonzalez will remain on<br />
the board, but departing is Jim Kane, who<br />
chaired the 1995 task force on racing<br />
named by former governor Jim Edgar.<br />
Kane reportedly left at the request <strong>of</strong> current<br />
governor George Ryan.<br />
July 3, <strong>2002</strong><br />
AROUND THE CIRCUIT.....<br />
Penn National Gaming has picked up another 587<br />
slot machines for its Charles Town Races operation,<br />
bringing the total at that track to 2,587. With<br />
state approval for 3,500 already granted, the track<br />
will add almost a thousand more at various intervals<br />
throughout 2003, and it has opened a 1,500-<br />
car parking facility at Charles Town.......Iowa’s<br />
attorney general has filed a 10-page petition seeking<br />
a reversal <strong>of</strong> the Iowa Supreme Court’s decision<br />
two weeks ago that Prairie Meadows Racetrack<br />
and Casino is entitled to a $49 million tax<br />
refund. The decision was based on the differential<br />
treatment <strong>of</strong> race tracks and riverboat casinos<br />
in the state. The court will decide in a month<br />
or two whether it will conduct a<br />
rehearing.............News Corp has declined to comment<br />
on whether it will seek a breakup <strong>of</strong> Gemstar-<br />
TV Guide and try for control <strong>of</strong> Gemstar’s prime<br />
asset, TV Guide magazine......the Bureau <strong>of</strong> Indian<br />
Affairs has granted recognition to the<br />
Paucatuck Eastern Pequots and the Eastern<br />
Pequots as a single tribe, opening the possibility<br />
<strong>of</strong> a third Indian casino in Connecticut, where the<br />
Pequots share a 225-acre reservation less than 10<br />
miles from Foxwoods Resort Casino, which is<br />
owned by the Mashantucket Pequots. The Eastern<br />
Pequots have a deal with Donald Trump, signed<br />
three years ago, for The Donald to develop the<br />
site if they build a casino.......Interactive Gaming<br />
News reports that CyberSource is rolling out a new<br />
program called eGaming Compliance Solution,<br />
which reportedly will provide age and residency<br />
verification, detect fraud, process electronic payments,<br />
and manage player acceptance based on<br />
specific jurisdictional rules and regulations.<br />
HAPPY HOLIDAY!<br />
In a burst <strong>of</strong> patriotic fervor, HTA’s staff will enjoy<br />
a holiday until next Monday, and the editor<br />
is <strong>of</strong>f to Goshen. The Executive Newsletter<br />
will resume Monday.
HARNESS TRACKS OF AMERICA<br />
Executive Newsletter<br />
A daily fax and e-mail report on racing and gaming developments in North <strong>America</strong> and beyond<br />
Stanley F. Bergstein, Editor<br />
HEARING FOR AZ GAMING CASE<br />
Attorneys for the State <strong>of</strong> Arizona and the racing<br />
industry are scheduled to meet in a San Francisco<br />
courtroom today to argue the future <strong>of</strong> casino-style<br />
gambling in Arizona. The hearing before the 9th<br />
U.S. Circuit Court <strong>of</strong> Appeals comes a year after a<br />
federal judge drastically altered the Indian gaming<br />
landscape, and as three gaming campaigns<br />
sharpen their appeals to Arizona voters. “The<br />
shape <strong>of</strong> gaming in Arizona in years to come will<br />
be a consequence <strong>of</strong>...the initiatives and how this<br />
court question is resolved,” Scott Bales, who is<br />
arguing the case for the state, told The Arizona<br />
Republic. While it’s difficult to predict what the<br />
appeals court ruling will mean, a few things are<br />
clear. First, it’s too late for a ruling to derail the<br />
three gaming initiatives on the general election<br />
ballot. In addition, if the court reverses last July’s<br />
decision by U.S. District Judge Robert Broomfield<br />
before the Nov. 5 election, Gov. Jane Hull would<br />
have the authority to sign new gaming compacts<br />
with Arizona tribes, something she would likely<br />
jump at the chance to do. The Court has advised<br />
the parties that it can take three to 12 months for<br />
a ruling. “The probability is they won’t have a<br />
decision before the election,” said Neil Wake, an<br />
attorney for <strong>America</strong>n Greyhound Racing <strong>Inc</strong>.,<br />
owner <strong>of</strong> Phoenix Greyhound Park and one <strong>of</strong> the<br />
parties that sued the state. Both the tracks and<br />
the state appealed Broomfield’s ruling. The state<br />
is arguing that Broomfield was wrong to conclude<br />
that the governor doesn’t have the authority to<br />
negotiate gaming compacts. It also wants the court<br />
to overturn Broomfield’s decision that the state<br />
cannot allow slot machines at Indian casinos without<br />
permitting them elsewhere in the state. The<br />
state will also argue that the Arizona tribes are<br />
“indispensable parties” and were wrongly excluded<br />
from the racetracks’ original complaint,<br />
making the legal case moot. The<br />
tracks will argue against Broomfield’s rul-<br />
July 8, <strong>2002</strong><br />
ing that Arizona’s gaming laws are legal under equal<br />
protection laws.<br />
SCIOTO O CHANGES SCHEDULE<br />
Effective this week, Scioto Downs has changed its<br />
racing schedule to five nights per week. The<br />
change means Scioto drops its Monday night cards<br />
in favor <strong>of</strong> a Tuesday through Saturday live racing<br />
schedule.<br />
MARSHALL HANNON DIES<br />
Marshall Hannon, father <strong>of</strong> HTA member Associates<br />
Racing Association’s executive Jim Hannon,<br />
passed away last night. HTA wishes to convey<br />
deep condolences to Jim and his family. Expressions<br />
<strong>of</strong> sympathy also can be sent to Jim Hannon<br />
at 21397 Chadwick Circle, Frankfort, IL 60423.<br />
NEW A.C. CASINO ON SCHEDULE<br />
Construction is on schedule for a summer 2003<br />
opening for The Borgata, a $1 billion casino entertainment<br />
resort in Atlantic City. The project, the<br />
first new hotel casino to be built in Atlantic City in<br />
13 years, was topped <strong>of</strong>f in late June. The development<br />
is a joint venture <strong>of</strong> Boyd Gaming Corp.<br />
and MGM Mirage. When it opens, The Borgata<br />
will be the largest hotel in the market. The resort<br />
will feature 2,010 hotel rooms, a 120,000 square<br />
foot casino, 10 retail shops, 11 restaurants and a<br />
variety <strong>of</strong> entertainment venues. MGM Mirage<br />
plans to build its own hotel casino adjacent to The<br />
Borgata. That development is slated for completion<br />
in 2005.<br />
NEW CEO FOR WORLD GAMING<br />
The gaming s<strong>of</strong>tware maker and interactive betting<br />
technology vendor World Gaming plc, formerly<br />
known as Starnet International, has a new CEO.<br />
Jim Mackay was appointed to the position after<br />
the resignation <strong>of</strong> Michael Aymong from the<br />
post.
HARNESS TRACKS OF AMERICA<br />
Executive Newsletter<br />
A daily fax and e-mail report on racing and gaming developments in North <strong>America</strong> and beyond<br />
Stanley F. Bergstein, Editor<br />
VERNON GETS NEW CHIEF EXEC<br />
Andrew Goodell, a corporate lawyer and<br />
Chautauqua county executive from 1990 to 1997,<br />
is the new president and CEO <strong>of</strong> Vernon Downs.<br />
He is not a stranger to the track, having served as<br />
the New York Racing and Wagering Board’s compliance<br />
monitor four years ago, after the track had<br />
been cited by the board for 411 violations and fined<br />
$45,000. Goodell takes over for Justice M.<br />
Cheney, who will remain as a consultant, with a<br />
new board <strong>of</strong> directors in command at Mid-State<br />
Raceway, Vernon’s parent. In other changes David<br />
Jensen was named as chairman <strong>of</strong> the board and<br />
James R. Wise was named treasurer and CFO.<br />
Newcomers on the board include Jerry Mottern,<br />
Joan Parker, John Stone and Victoria Scott, the<br />
mother <strong>of</strong> Shawn Scott, the new majority shareholder<br />
<strong>of</strong> Mid-State. Former HTA executive assistant<br />
Jim Mango remains on the reconstituted<br />
board.<br />
Goodell told TIMES:in harness that the new<br />
group’s goals include marketing the track’s signal<br />
and account wagering -- which <strong>of</strong>fers points for<br />
betting -- nationwide, and installing video slots. He<br />
feels Vernon’s seven-eighths mile track will give<br />
it a marketing advantage with horse players everywhere.<br />
Knowledgeable about the Vernon situation<br />
in relation to racing in New York state,<br />
Goodell brings valuable experience with the racing<br />
board to Vernon.<br />
MORE INTRIGUE IN KENTUCKY<br />
Although its current president and the former president<br />
<strong>of</strong> the national Horsemen’s Benevolent and<br />
Protective Association want a full inquiry, the board<br />
<strong>of</strong> directors <strong>of</strong> the Kentucky HBPA chapter have<br />
voted to end an inquiry into the participation <strong>of</strong><br />
three <strong>of</strong> its <strong>of</strong>ficials, Don Sturgill, Rick<br />
Hiles and Marty Maline. in a private contract<br />
involving Indian simulcasting.<br />
July 9, <strong>2002</strong><br />
INDY DOWNS FIGHTS BACK<br />
Indianapolis Downs, facing a $1.2 million fine recommendation<br />
from the executive director <strong>of</strong> the<br />
Indiana Horse Racing Commission, is challenging<br />
the charge, and two former members <strong>of</strong> the commission<br />
are joining the track in saying the charges<br />
are flawed and motivated by prejudice. In motions<br />
filed with the commission, Indianapolis Downs is<br />
seeking to have the charges dismissed and are<br />
asking sanctions against Joe Gorajec, the executive<br />
director, and asking that he be disqualified<br />
from any proceedings involving the track. Gorajec<br />
charged that after investigating he had determined<br />
that a lobbyist for the track had contacted commission<br />
members during the time Indy Downs’ application<br />
was being considered, and had “seriously<br />
tarnished” the commission’s reputation (HTA Executive<br />
Newsletter, June 28). In an affidavit filed<br />
yesterday, former commission chairman Nick Stein<br />
contends that Gorajec’s charges were “motivated<br />
by personal prejudice, bias, hostility and contempt<br />
toward Indianapolis Downs” and the track’s attorney<br />
said “ Indianapolis Downs has sadly concluded<br />
that Mr. Gorajec will strike again when we next<br />
appear on substantive matters before the commission.”<br />
Gorajec charged that paid lobbyist Larry<br />
Mohr had called former commissioner Janet<br />
Bozzelli several times during the Indy Downs application<br />
process, and had lunch with Stein and<br />
Bozelli during that time, without the commission’s<br />
knowledge. The commissioners acknowledged<br />
that Mohr joined them in an Indianapolis restaurant<br />
during that period, but contend the meeting<br />
was strictly by chance and “there was absolutely<br />
no discussion <strong>of</strong> Indianapolis Downs’ permit proceedings<br />
during the luncheon meeting.”<br />
FILION WINS AT POCONO<br />
Herve Filion, now driving at Pocono Downs, added<br />
victory 14,791 to his total in his first appearance<br />
there since 1995.
HARNESS TRACKS OF AMERICA<br />
Executive Newsletter<br />
A daily fax and e-mail report on racing and gaming developments in North <strong>America</strong> and beyond<br />
Stanley F. Bergstein, Editor<br />
ADVISORY PANEL FOR M’LANDS<br />
A panel <strong>of</strong> nine legislators, mayors and union <strong>of</strong>ficials<br />
from Bergen county in New Jersey will be<br />
announced tomorrow, and they apparently will provide<br />
input on future plans for the New Jersey<br />
Sports and Exposition Authority. State legislators<br />
from the area so far have blocked funding <strong>of</strong> a<br />
proposed new $355 million sports arena in Newark,<br />
wanting first to know what plans are for the<br />
existing Continental Airlines arena adjacent to the<br />
Meadowlands. The committee, members <strong>of</strong> which<br />
have not yet been announced, will hear Monday<br />
from companies interested in NJSEA development,<br />
and preliminary proposals will be due in September.<br />
Finalists will be announced a month later, and<br />
the winning developer will be chosen a month after<br />
that, before the year is out. NJSEA CEO<br />
George Z<strong>of</strong>finger said the fast track program was<br />
needed because “There are a lot <strong>of</strong> things we could<br />
put there, and we can’t sit back and do nothing.”<br />
BUMP IN ROAD AT CHURCHILL<br />
The happy arrangement between Churchill Downs<br />
and the city <strong>of</strong> Louisville (Executive Newsletter<br />
June 26) which would have the city take over title<br />
to the track and lease it back to Churchill for $1 a<br />
year, thus removing it from city, county and state<br />
property tax rolls, has encountered a bump in the<br />
road. The city’s board <strong>of</strong> aldermen wants Churchill<br />
to agree to a labor agreement that would standardize<br />
working conditions for all union workers employed<br />
in the track’s $100 million first phase renovation<br />
program. Not only did the aldermen make<br />
the demand, but they imposed a short time deadline<br />
on a Churchill response, saying they needed<br />
to know by noon Friday or the arrangement dies.<br />
The track had agreed on Monday <strong>of</strong> this week to<br />
pay “prevailing wages” but apparently that did<br />
not satisfy labor union reps, and the aldermen<br />
agreed.<br />
July 10, <strong>2002</strong><br />
INDIANA BOATS RUSH TO DOCK<br />
It didn’t take long for the operators <strong>of</strong> Indiana’s<br />
riverboat casinos to take advantage <strong>of</strong> the new<br />
law passed last month, enabling them to stay<br />
docked and pay higher taxes for the privilege <strong>of</strong><br />
letting customers come and go at their leisure.<br />
Officials <strong>of</strong> 7 <strong>of</strong> the state’s 10 riverboats told <strong>of</strong>ficials<br />
they would like to do so, and it appears likely<br />
they will be able to get underway as early as next<br />
month. The casinos must submit by Friday their<br />
plans for surveillance; ticketing and turnstile<br />
counts; security, with an emphasis on admission<br />
<strong>of</strong> people under 21; and estimates <strong>of</strong> new employees<br />
who will require licensing. Under the new<br />
graduated taxing arrangement, boats with revenues<br />
above $150 million will be taxed at a 35%<br />
rate, rather than the 20% now levied on all revenues.<br />
If boats continue cruising, the tax rate will<br />
be 22.5%.<br />
SCRAMBLED EGGS ON MENU<br />
A federal judge in Michigan has overturned an<br />
appeals court decision that would have required<br />
reopening <strong>of</strong> bidding and put existing Detroit casinos<br />
under a court-appointed conservator. The<br />
judge, Robert Holmes Bell, said there was no evidence<br />
that the Lac Vieux Desert Band <strong>of</strong> Lake<br />
Superior Chippewas had been badly harmed by the<br />
Detroit licensing procedure, and that, “Simply put,<br />
the egg cannot be unscrambled at this late date.”<br />
Bell also said he could <strong>of</strong>fer no compensation for<br />
the tribe. The Lac Veiux, however, do not plan to<br />
live on scrambled eggs. Their attorney said, “We<br />
are confident the Court <strong>of</strong> Appeals, on review, will<br />
see things differently.”<br />
PENN NATIONAL IN TALKS<br />
Hollywood Casino corporation may sell out to Penn<br />
National Gaming, according to Reuters. The news<br />
service says that a $280 million purchase price,<br />
plus assumption <strong>of</strong> $435 million in debt, could<br />
make it a $700+ million acquisition.
HARNESS TRACKS OF AMERICA<br />
Executive Newsletter<br />
A daily fax and e-mail report on racing and gaming developments in North <strong>America</strong> and beyond<br />
Stanley F. Bergstein, Editor<br />
KEY REPUB. OPPOSES ’NET BILL<br />
An influential House Republican leader opposes<br />
the current form <strong>of</strong> H.R. 3215, the Combating Illegal<br />
Gambling Reform and Modernization Act,<br />
and will resist efforts to advance the legislation to<br />
the House floor this year, according to a report<br />
published in the Las Vegas Review-Journal. House<br />
Majority Whip Tom DeLay <strong>of</strong> Texas does not favor<br />
Internet gambling, but is concerned that the<br />
prohibition proposed by Rep. Bob Goodlatte (R-<br />
VA) would diminish states’ rights, spokesman<br />
Jonathan Grella said. “As far as moving forward,<br />
Congressman DeLay wants to see all interested<br />
parties work together on a ban that would not infringe<br />
on states’ rights,” Grella said. With the bill<br />
now opposed by Congressional leaders like DeLay<br />
as well as by most gambling groups, the individual<br />
states and several credit card companies -- who<br />
feel the bill puts the onus <strong>of</strong> regulating the Internet<br />
on them -- the House leadership will be hesitant<br />
about bringing the legislation to the floor, several<br />
lobbyists working on Internet gaming predicted.<br />
Instead, legislation that came out <strong>of</strong> the Financial<br />
Services committee, co-sponsored by James Leach<br />
(R-IA) and Mike Oxley (R-OH) might have a better<br />
shot. While several lobbyists say prohibiting<br />
online gaming in the United States would only lead<br />
to the increased use <strong>of</strong> <strong>of</strong>fshore gaming sites, the<br />
Leach-Oxley bill takes another approach by prohibiting<br />
credit cards and other financial institutions<br />
from collecting on those charges. And while some<br />
credit card companies have already instituted policies<br />
prohibiting online gambling with their cards,<br />
the Leach-Oxley bill would likely force others to<br />
follow suit.<br />
VICTORY TILLY COMING TO U.S.<br />
The connections <strong>of</strong> Swedish trotting champion Victory<br />
Tilly have accepted an invitation to<br />
compete in the $500,000 Nat Ray Trot on<br />
Aug. 3 at the Meadowlands.<br />
July 11, <strong>2002</strong><br />
IOWA SUP. CT. SEEKS ADVICE<br />
The Iowa Supreme Court has asked racetrack<br />
operators to join the debate on its tax ruling last<br />
month favoring the racetracks. In a brief order,<br />
the court said interested parties have until July 24<br />
to answer the state’s claim that the ruling was<br />
flawed and should be reversed. Legal experts said<br />
the order was unusual and an indication that the<br />
justices, divided 4-3 on the tax ruling, were getting<br />
ready to take another look at both sides <strong>of</strong><br />
the issue. In mid-June, the state high court struck<br />
down a state law that allowed racetrack slot machines<br />
to be taxed more than riverboat gambling<br />
revenues. The court’s majority said the situation<br />
was contrary to the equal protection clause and<br />
therefore unconstitutional. In a strongly worded<br />
petition filed on June 26, the Iowa attorney general,<br />
representing the state, said the court intruded<br />
on the authority <strong>of</strong> lawmakers, especially in the<br />
area <strong>of</strong> taxes. “Courts must not pass on the reasonableness<br />
<strong>of</strong> a tax by assessing its impact on a<br />
particular business,” the petition said. Historians<br />
note that the Iowa Supreme Court has reversed<br />
itself only twice in the past decade while writing<br />
about 2,000 opinions. The court is expected to consider<br />
the attorney general’s petition in August.<br />
TRUMP BUYS INTO VEGAS STRIP<br />
New York-New Jersey real estate developer and<br />
casino boss Donald Trump recently purchased a<br />
9.8 percent stake in the Riviera casino’s parent<br />
company, Riviera Holdings, in a deal he says was<br />
solely done for “investment purposes.” The purchase<br />
follows Trump’s announcement in April <strong>of</strong><br />
plans to join with casino operator Phil Ruffin to<br />
build a $350 million, 60-story condominium just <strong>of</strong>f<br />
the Strip, near Ruffin’s New Frontier casino and<br />
the Fashion Show Mall. For now, The Donald says<br />
he has no plans to purchase or jointly operate<br />
the 2,254-room Riviera after making the<br />
stock buy.
HARNESS TRACKS OF AMERICA<br />
Executive Newsletter<br />
A daily fax and e-mail report on racing and gaming developments in North <strong>America</strong> and beyond<br />
Stanley F. Bergstein, Editor<br />
BIG M READY FOR PACE<br />
Mach Three, the Berry’s Creek winner and North<br />
<strong>America</strong> Cup runner up, has been installed as the<br />
8-5 morning line favorite from post one in the $1<br />
million Meadowlands Pace tomorrow night at the<br />
Meadowlands. The track’s signature event, and<br />
the richest <strong>of</strong> all races for pacers, the Meadowlands<br />
Pace tops a weekend <strong>of</strong> stakes action that<br />
also includes the $400,000 Stanley Dancer Trot<br />
and the $400,000 Del Miller Memorial tonight.<br />
The Pace is slated as the seventh race on<br />
Saturday’s card, with a post time <strong>of</strong> 9:59 p.m. The<br />
field for the <strong>2002</strong> Meadowlands Pace in post position<br />
order (with drivers’ names in parentheses)<br />
include: Mach Three (John Campbell); Three<br />
Olives (Dale Hiteman); Brad’s Gold (Ron Pierce);<br />
Mini Me (Dave Magee); Million Dollar Cam<br />
(David Miller); Royal Mattjesty (Luc Ouellette);<br />
Allamerican Ingot (Cat Manzi); McArdle (Mike<br />
Lachance); Pacific Titan (Eric Ledford); and Yankee<br />
Sensation (Ray Paver Jr.).<br />
MORE TROUBLE<br />
AT T KHBPA<br />
The president and attorney <strong>of</strong> the Kentucky<br />
Horsemen’s Benevolent and Protective Association<br />
both resigned this week as a result <strong>of</strong> a continuing<br />
dispute over free-lance work by other association<br />
<strong>of</strong>ficers. Alex Harthill, the KHBPA president,<br />
said the KHBPA board should not have called<br />
<strong>of</strong>f its investigation <strong>of</strong> Century Consultants, the<br />
consulting group formed by former KHBPA president<br />
Rick Hiles, current executive director Marty<br />
Maline and former counsel Don Sturgill. Harthill<br />
originally ordered the investigation to determine<br />
whether the consulting group had violated association<br />
rules when it received $125,000 in consulting<br />
fees from Choctaw Racing Services in Oklahoma.<br />
Harthill also disclosed that the KHBPA has<br />
so far refused to pay interim counsel Joseph<br />
Cohen, who was hired following<br />
Sturgill’s resignation, and that Cohen has<br />
also resigned.<br />
July 12, <strong>2002</strong><br />
NY AG SUBPOENAS PAYP<br />
YPAL<br />
PayPal, the Internet payment processor purchased<br />
this week by eBay, has received a subpoena from<br />
the New York attorney general’s <strong>of</strong>fice asking for<br />
details <strong>of</strong> Internet gamblers using its system. After<br />
the announcement <strong>of</strong> the PayPal purchase,<br />
eBay said that it will close <strong>of</strong>f PayPal’s relationship<br />
with Internet gaming firms. PayPal <strong>of</strong>ficials<br />
said the New York attorney general’s <strong>of</strong>fice asked<br />
for information about online gaming payments that<br />
occurred through its network and said that it would<br />
conduct investigations.<br />
BINGO! THE BRAIN BOOSTER<br />
The next time you’re tempted to make fun <strong>of</strong> the<br />
crowd <strong>of</strong> blue-haired old ladies feverishly marking<br />
their cards at the local church or bingo parlor,<br />
remember this. Playing bingo can keep the mind<br />
trim -- and the older you are the more agile you<br />
may be, researchers have found. Tests showed<br />
bingo players were faster and more accurate than<br />
non-bingo players in a range <strong>of</strong> tests measuring<br />
mental speed, memory and the ability to pick up<br />
information from the environment around them.<br />
Players have to be able to check numbers <strong>of</strong>f<br />
quickly and need rapid hand-eye coordination. And<br />
unlike chess, bridge and backgammon, which need<br />
skills stored in the brain and remembered when<br />
needed, bingo requires speedy identification within<br />
time constraints. Julie Winstone, from the University<br />
<strong>of</strong> Southampton’s Centre for Visual Cognition,<br />
has been testing bingo players’ mental agility<br />
over the last year. Winstone’s research shows<br />
what has been suspected for some time, that longterm<br />
mental activity -- and particularly bingo --<br />
could stave <strong>of</strong>f the decline <strong>of</strong> cognitive abilities<br />
such as speed, accuracy and recognition <strong>of</strong> patterns.<br />
While Winstone tested old and young bingo<br />
players as well as people who did not play the<br />
game, older bingo players performed better<br />
at many <strong>of</strong> the required tasks.
HARNESS TRACKS OF AMERICA<br />
Executive Newsletter<br />
A daily fax and e-mail report on racing and gaming developments in North <strong>America</strong> and beyond<br />
Stanley F. Bergstein, Editor<br />
MAGNA, DEFRANCIS IN PACT<br />
The long-discussed acquisition <strong>of</strong> the Maryland<br />
Jockey Club by Magna Entertainment has been<br />
completed, with Magna, Joe DeFrancis and his<br />
sister Karin DeFrancis today announcing an “alliance”<br />
under which they will share ownership <strong>of</strong><br />
Pimlico Race Course and Laurel Park. Joe<br />
DeFrancis will continue as president and CEO <strong>of</strong><br />
the two tracks, with full authority and responsibility<br />
for operations subject to normal corporate oversight<br />
<strong>of</strong> their boards <strong>of</strong> directors. Joe and Karin<br />
will serve on those boards, with Karin continuing<br />
as executive vice president, working primarily on<br />
the Preakness, and Joe will be proposed for election<br />
to Magna Entertainment’s board <strong>of</strong> directors.<br />
Magna will purchase a 51% equity share and voting<br />
interest in the Maryland Jockey Club, and controlling<br />
shares in the rest <strong>of</strong> the convoluted ownership<br />
<strong>of</strong> Laurel and Pimlico. Those entities include<br />
the Laurel Racing Association Limited Partnership,<br />
<strong>of</strong> which Magna will buy 51% voting interest<br />
and 58% equity interest in the general partner and<br />
manager, and the entire limited partner interest <strong>of</strong><br />
the Laurel Guida Group, involving former major<br />
harness owner Lou Guida. Magna’s acquisitions<br />
will give it a 79% economic interest in the LRALP,<br />
for an aggregate <strong>of</strong> some $50.6 million in cash, <strong>of</strong><br />
which some $49 million will be paid to LUK Flats<br />
LLC, Martin Jacobs and the Laurel Guida Group<br />
to acquire the entire ownership interests presently<br />
held by them. In addition, LUK Flats LLC, Martin<br />
Jacobs, the Laurel Guida Group, the DeFrancis<br />
family and the Maryland Jockey Club have agreed<br />
to form a joint venture to pursue development <strong>of</strong><br />
other business opportunities in Maryland, including<br />
the potential development and management <strong>of</strong><br />
gaming ventures, if they become authorized by<br />
state law. Frank Stronach called the acquisition<br />
“an important milestone in our strategic<br />
program <strong>of</strong> growth.”<br />
July 15, <strong>2002</strong><br />
SOLID NUMBERS WORLDWIDE<br />
The Meadowlands was the world capital <strong>of</strong> horse<br />
racing on Saturday, regardless <strong>of</strong> breed. With the<br />
$1 million Meadowlands Pace for 3-year-olds, won<br />
by the $2.2 million purchase Mach Three as the<br />
feature, the track had on-site attendance <strong>of</strong> 22,473,<br />
the nation’s largest, with its sister track Monmouth<br />
Park next with 12,522. The Meadowlands also<br />
had its highest handle <strong>of</strong> the season, $6,677,154.<br />
In Chicago, HTA member Suburban Downs at<br />
Hawthorne closed its first meeting in five years<br />
with a Saturday night card featuring $375,000 in<br />
purses, and up 55% in on-track handle over its<br />
previous harness meeting.<br />
And in Mikkeli, Finland, a crowd <strong>of</strong> 26,100 turned<br />
out to see the world’s greatest trotter, Varenne,<br />
win again in world record time, picking up another<br />
$50,000 as he set a new world mark <strong>of</strong> 151.3 for a<br />
mile on a five-eighths mile track.<br />
45-SECOND CYCLES WORK FINE<br />
A test conducted last week by the Thoroughbred<br />
Racing Associations in conjunction with the three<br />
major tote companies -- AmTote, Autotote and<br />
United Tote -- reportedly was a rousing success.<br />
The test, conducted at Delaware Park, involved<br />
45-second cycling <strong>of</strong> the tote board, rather than<br />
60-second cycling, and TRA executive vice president<br />
Chris Scherf says the new s<strong>of</strong>tware worked<br />
well enough that Saratoga Race Course plans to<br />
use it when it opens July 24. It is hoped it will<br />
provide more accurate betting trends for patrons.<br />
SCOTT TO BUY BANGOR<br />
Bangor Raceway in Maine reportedly is being sold<br />
to Capital One LLC, the Las Vegas real estate<br />
company owned by Shawn Scott, now major<br />
owner <strong>of</strong> Vernon Downs.
HARNESS TRACKS OF AMERICA<br />
Executive Newsletter<br />
A daily fax and e-mail report on racing and gaming developments in North <strong>America</strong> and beyond<br />
Stanley F. Bergstein, Editor<br />
THE KEY ISSUE STILL IN DOUBT<br />
Of all <strong>of</strong> the tracks that Frank Stronach’s Magna<br />
Entertainment has bought, none generated as much<br />
ink as yesterday’s acquisition <strong>of</strong> control <strong>of</strong> Pimlico<br />
and Laurel. Tens <strong>of</strong> thousands <strong>of</strong> words poured<br />
forth from Maryland, including the hugs and kisses<br />
between Joe and Karin DeFrancis and Magna <strong>of</strong>ficials<br />
who explained the extremely complex arrangement<br />
that will transfer control <strong>of</strong> the tracks<br />
to Magna without disturbing egos while still generously<br />
enlarging personal fortunes.<br />
While badly needed physical improvements were<br />
touched on, the most significant words <strong>of</strong> all came<br />
from the two political candidates who will determine<br />
the Maryland Jockey Club’s future. With<br />
Parris Glendening leaving the governor’s <strong>of</strong>fice<br />
next winter, intractable to the end on the issue <strong>of</strong><br />
slots, the issue <strong>of</strong> what happens next hangs over<br />
Magna’s intentions to turn Pimlico and Laurel into<br />
“tourist destinations.” Lt. Gov. Kathleen Kennedy<br />
Townsend, the Democratic candidate, has made it<br />
clear she plans to follow the Glendening line, and<br />
she says she is deeply opposed to slots at tracks.<br />
A spokesman said yesterday after announcement<br />
<strong>of</strong> the sale, “The lieutenant governor believes that<br />
the long-term future <strong>of</strong> the horse racing industry<br />
in Maryland should not be tied to slots, that there<br />
are other solutions. We believe that this deal<br />
(Magna’s purchase) makes it more feasible to find<br />
those other solutions.” Townsend’s Republican<br />
opponent, Robert L. Ehrlich Jr., does favor slots<br />
at tracks, although it was unnerving to hear him<br />
talking about the state’s three thoroughbred tracks<br />
without mentioning Rosecr<strong>of</strong>t Raceway. Hopefully<br />
he knows it is there. Ehrlich thinks “there’s a lot<br />
<strong>of</strong> momentum” for slots, and hopefully he will see<br />
that they arrive for all tracks if he wins. Jim<br />
McAlpine made Magna’s intentions clear.<br />
“We’re going to aggressively do whatever<br />
July 16, <strong>2002</strong><br />
is necessary to make the business a success,” he<br />
said, and added that if slot machines are determined<br />
to be essential to the success <strong>of</strong> Laurel and<br />
Pimlico, Magna would seek them.<br />
One other voice was heard from in the press tumult<br />
following yesterday’s announcement. It was<br />
that <strong>of</strong> the Rev. Thomas A. Grey, the Illinois abolitionist<br />
who heads the National Coalition Against<br />
Gambling Expansion. Speaking <strong>of</strong> Magna boss<br />
Frank Stronach, Grey said, “He didn’t just wake<br />
up one day and say, ‘My mission in life is to save<br />
Pimlico and Laurel.’” The good reverend obviously<br />
sees those cherries and bars spinning in front<br />
<strong>of</strong> him, and the vision reaches all the way to Rockford,<br />
Illinois, and unnerves him in his lair.<br />
If Grey is worried, he has something much closer<br />
to home to concern him. Aldermen in Chicago’s<br />
northwest suburb <strong>of</strong> Des Plaines, most <strong>of</strong> whom<br />
who have opposed gambling since the town’s<br />
burghers voted it down eight years ago, voted yesterday<br />
to explore the idea <strong>of</strong> a casino in that town,<br />
quiet except for the roar <strong>of</strong> planes taking <strong>of</strong>f and<br />
landing at nearby O’Hare airport. The aldermen<br />
met last week with “a very reputable and very<br />
large” casino investor group, according to the<br />
Chicago Tribune, and were obviously interested<br />
in what the group had to say. Among the things<br />
they said is that they could put up $350 million to<br />
win a license for Des Plaines, and that the city would<br />
take in $20 million a year in tax revenues if they<br />
were successful. One alderman said his colleagues<br />
still recognized past opposition to gambling, but<br />
the city’s current financial strain made it prudent<br />
to study the possibility <strong>of</strong> a casino. The Rev. Grey<br />
had something to say about this, too. “It’s sort <strong>of</strong><br />
unbelievable,” he intoned. “This is a sign <strong>of</strong> how<br />
powerful the lure <strong>of</strong> casino money is to communities.”<br />
What else is new, Reverend?
HARNESS TRACKS OF AMERICA<br />
Executive Newsletter<br />
A daily fax and e-mail report on racing and gaming developments in North <strong>America</strong> and beyond<br />
Stanley F. Bergstein, Editor<br />
AN ALL-NEW MEADOWLANDS?<br />
That was the headline in today’s Newark Star-Ledger,<br />
over a feature by staffer Sid Dorfman, commenting<br />
on remarks by New Jersey Sports and<br />
Exposition Authority CEO George Z<strong>of</strong>finger.<br />
Dorfman said Z<strong>of</strong>finger has noted Universal<br />
City in California, which calls itself .the nation’s<br />
premier entertainment center,. and a similar one<br />
in Orlando, and that he is intrigued with the possibility<br />
<strong>of</strong> replicating them on the 104 acres <strong>of</strong> prime<br />
land controlled by the NJSEA just eight miles from<br />
Times Square. Dorfman quotes Z<strong>of</strong>finger as saying,<br />
“We should think big,” in connection with<br />
NJSEA redevelopment, and says his thoughts include<br />
“a movie studio and theaters, and restaurants<br />
at every level, and <strong>of</strong>fice buildings, bowling<br />
centers, retail stores, night clubs, beer gardens,<br />
and a few innovations <strong>of</strong> our own.” Dorfman also<br />
says Z<strong>of</strong>finger may listen closely to the idea <strong>of</strong> an<br />
auto racetrack. If that is so, a trip to Chicago’s<br />
Sportsman’s Park might be in order, where a huge<br />
auto raceway, built at the expense <strong>of</strong> once highly<br />
successful horse racing, has proved the biggest<br />
white elephant in recent Chicago sports history, a<br />
total flop that leaves a 70,000 seat stadium sitting<br />
unused. Dorfman spared no venom in writing<br />
about a new arena in Newark for the Nets and<br />
Devils. He wrote, “We are now in a vacuum before<br />
the next political free-for-all breaks out over<br />
an arena in Newark. The last one started as insanity<br />
and then went downhill. If it had been filmed,<br />
it would have been X-rated. The futile effort in<br />
the legislature to barter an entire state budget for<br />
a sports arena in Newark was about as close as<br />
you get to political pornography. The only thing<br />
the state legislature lacked was a big comic finish,<br />
such as if the arena had passed and the budget<br />
failed.” Dorfman says Z<strong>of</strong>finger feels every effort<br />
should be made to keep the Nets and<br />
Devils in New Jersey, and no good<br />
Jerseyan would argue with that.<br />
July 17, <strong>2002</strong><br />
AN INTERESTING SIDELIGHT<br />
In the massive outpouring <strong>of</strong> coverage following<br />
Magna Entertainment’ $117 million acquisition —<br />
half in hard cash changing hands —<strong>of</strong> the rights<br />
and property <strong>of</strong> the Maryland Jockey Club, one<br />
interesting sidelight came to light. It was that Art<br />
Modell, owner <strong>of</strong> the Baltimore Ravens, had committed<br />
to contributing $40 million to a $100 million<br />
bid for Pimlico and Laurel from Churchill Downs.<br />
Modell told the Baltimore Sun that he had<br />
partnered with Churchill to bid on the MJC tracks,<br />
and that the deal fell through not just because <strong>of</strong><br />
money but because <strong>of</strong> the reluctance <strong>of</strong> Joe<br />
DeFrancis and his sister Karin to give up an active<br />
role in management <strong>of</strong> the tracks. Under<br />
the deal with Magna, they remain as president and<br />
vice president <strong>of</strong> Pimlico and Laurel with fiveyear<br />
management contracts. The deal Churchill<br />
<strong>of</strong>fered, Modell said, involved bringing in its own<br />
management team.<br />
GIVING UP THE RIVER<br />
In an interesting switch, the Casino Rock Island<br />
gambling riverboat has asked the Illinois Gaming<br />
Board for permission to leave the Mississippi river<br />
for an inland sight on a small lake next to a highway<br />
cloverleaf three miles from the river. The<br />
move was rejected by the legislature last spring,<br />
but according to the Chicago Tribune lawmakers<br />
friendly to the casino insert the same language<br />
in a 153-page budget implementation bill that also<br />
included the Abraham Lincoln Presidential Library<br />
and Museum. Wave that flag and abandon<br />
ship!<br />
In another fascinating Illinois development, political<br />
friends <strong>of</strong> Gov. George Ryan have set up a<br />
private trust fund that can be tapped to pay his<br />
legal bills. A campaign fund <strong>of</strong> the governor is<br />
being legally challenged and $1 million <strong>of</strong> it was<br />
frozen by court order. The new fund is<br />
backed by a supporter whose son is an investor<br />
in the Emerald Casino project.
HARNESS TRACKS OF AMERICA<br />
Executive Newsletter<br />
A daily fax and e-mail report on racing and gaming developments in North <strong>America</strong> and beyond<br />
Stanley F. Bergstein, Editor<br />
WEG AND THE BIG VALBOWSKI<br />
Vince McMahon has discovered Canada, and his<br />
World Wrestling Entertainment, once known as the<br />
World Wrestling Federation, is pushing hard to<br />
establish a major base there. Ten <strong>of</strong> wrestling’s<br />
superstars will congregate at Woodbine Racetrack<br />
this weekend, and will sign autographs and<br />
raise money for Variety, the Children’s Charity.<br />
The ten will meet and mingle with the crowd at the<br />
track’s main entrance, then repair to a fund-raising<br />
luncheon in Woodbine’s newest attraction, its<br />
eastside V.I.P. Tent, where the hulks will regale<br />
invited guests with stories <strong>of</strong> their conquests. In<br />
the second race, a seven furlong maiden allowance<br />
event for 3- and 4-year-olds, the horses will be renamed<br />
for the grapplers, but the betting will be<br />
real. At a drawing yesterday, the field was matched<br />
with the grapplers in a special draw presided over<br />
by WWE Superstar Trish Stratus, and going<br />
postward Saturday will be Stacy Keibler, Test,<br />
Christian, The Big Valbowski, Mark Henry, Randy<br />
Orton, Jazz, Rhyno, Scotty 2 Hotty and Spike<br />
Dudley. Woodbine and its co-sponsor <strong>of</strong> the tag<br />
team promotion, the Ontario Lottery and Gaming<br />
Corporation, hope to raise $175,000 for the kids’<br />
charity. Vince McMahon hopes to strengthen<br />
WWE’s ties with Canadian federal and provincial<br />
governments in an effort to see if “taxes, synergies,<br />
government partnerships and advertising and<br />
tourism campaigns” can be merged for mutual benefit.<br />
A NEW STAR IN THE MAKING?<br />
A quarter <strong>of</strong> a century ago or so, a United States<br />
Trotting Association publicist wrote a story about<br />
an orgy <strong>of</strong> employees on the backstretch orchard<br />
<strong>of</strong> the Little Brown Jug, where revelry used to run<br />
rampant after the classic race for 3-year-old<br />
pacers. The story ran big in a Sunday<br />
edition <strong>of</strong> the Columbus Dispatch, and it<br />
got the publicist fired.<br />
July 18, <strong>2002</strong><br />
He struggled to New York, found work with<br />
Newsweek, then People, then became editor <strong>of</strong> US,<br />
and now is executive editor <strong>of</strong> Sports Illustrated.<br />
Today comes word that the board members <strong>of</strong> the<br />
Delaware County Agricultural Society have approved<br />
liquor and beer sales, under strict supervision,<br />
for this year’s Jug and Jugette. We’ll be there,<br />
on the lookout for a new scribe who may write about<br />
events, get fired for doing it, and find that there is<br />
life after USTA.<br />
CAMPBELL REFLECTS ON 9,000<br />
Whether it happened Saturday night, as Standardbred<br />
Canada claims, or Tuesday night, as the<br />
Meadowlands claims, John Campbell now is past<br />
9,000 winning drives and counting. With some $206<br />
million in the till from horses he has driven, harness<br />
racing’s Mr. Everything says 9,000 is okay,<br />
but he doesn’t dwell on numbers. He was thrilled,<br />
however, that “the people out front and all the way<br />
back to the paddock were very enthusiastic in their<br />
congratulations. For a Tuesday night crowd, that’s<br />
more the hard-core fans and the gamblers, so I<br />
felt good about that.” Right now, however,<br />
Campbell says he doesn’t set goals or even think<br />
about career highlights. “I’m sure I will when I<br />
slow down and look back,” he said, “but right now<br />
I’m in the present tense and looking to the future.”<br />
COLONIAL GETS EXTRA DAYS<br />
The Virginia Racing Commission has given tentative<br />
approval to an expanded harness racing meet<br />
for Colonial Downs this fall. The track was scheduled<br />
to race 17 days, but when John Holland, who<br />
held a meeting at his Oak Ridge Estates last year,<br />
gave up the 14 days he was allocated this year,<br />
Colonial said it would pick some <strong>of</strong> them up and<br />
race 24 dates, Saturdays through Tuesdays, from<br />
Oct. 5 until Nov. 12. The commission voted unanimously<br />
to grant preliminary approval.
HARNESS TRACKS OF AMERICA<br />
Executive Newsletter<br />
A daily fax and e-mail report on racing and gaming developments in North <strong>America</strong> and beyond<br />
Stanley F. Bergstein, Editor<br />
CAL TELEPHONE WAGERING<br />
Interesting advance deposit wagering figures from<br />
California. Through July 6, $66.3 million had been<br />
bet through ADW, representing 5.7% <strong>of</strong> total California<br />
wagering <strong>of</strong> $1.1 billion since January 25.<br />
California residents bet $28.2 million, or 42.66%<br />
<strong>of</strong> the ADW handle, through TVG; $21.2 million,<br />
or 32% <strong>of</strong> the total, through Magna<br />
Entertainment’s XpressBet; and $9.4 million, or<br />
14.2% <strong>of</strong> the total, through Youbet.com. Out <strong>of</strong><br />
state residents bet $3.5 million, or 5.4% <strong>of</strong> the total,<br />
on TVG; $519,136, or 0.78% <strong>of</strong> the total, on<br />
XpressBet; and $3.3 million, or 4.96% <strong>of</strong> the total,<br />
on Youbet.com. Out-<strong>of</strong>-state betting was<br />
11.13% <strong>of</strong> ADW.<br />
IN CANADA, A PARADE OF $$$$<br />
The eight years from 1992 to 2000 produced some<br />
remarkable numbers in Canadian gambling. A<br />
survey by Statistics Canada shows that the<br />
government’s revenue from gambling, which was<br />
$2.7 billion in 1992, had risen to $10.7 billion by<br />
the end <strong>of</strong> 2000, and presumably continues to rise<br />
with the addition <strong>of</strong> new venues. Of the $10.7 billion<br />
two years ago, $6 billion was pr<strong>of</strong>it, up more<br />
than three and one-half times over eight years<br />
earlier. Casinos accounted for 32% <strong>of</strong> the gambling<br />
revenue in 2000, lotteries 30%, VLTs 25%,<br />
and slots outside casinos 13%. The average gambling<br />
expenditure for every person 18 or older in<br />
Canada in 2000 was $424 (Cdn) For the purposes<br />
<strong>of</strong> the report, numbers from pari-mutuel wagering<br />
were tabulated separately.<br />
AN INVOLVED COMMISSIONER<br />
It’s refreshing when a racing commissioner gets<br />
involved with media in a positive way. It also can<br />
be productive. Ed Rogers is a proactive<br />
member <strong>of</strong> the Pennsylvania <strong>Harness</strong><br />
Racing Commission. He struck up an acquaintance<br />
with Mary Klaus, a reporter for<br />
July 19, <strong>2002</strong><br />
the Harrisburg Patriot-News, and invited her to a<br />
fair harness meeting at Gratz, PA. The result was<br />
a huge story with big color pictures, covering half<br />
a page on the front page <strong>of</strong> the B section <strong>of</strong> the<br />
July 15 Patriot-News, and another third <strong>of</strong> the back<br />
page <strong>of</strong> the section, with a large black and white<br />
photo, under a headline reading “Streaking to the<br />
finish line” and a subhead, “Gratz Fair harness<br />
event called slice <strong>of</strong> <strong>America</strong>na.” Ironically, the<br />
headline at the top <strong>of</strong> the page, referring to a<br />
smaller story on mass baptism, appears at first<br />
glance to have a connection with the four-column<br />
color photo <strong>of</strong> a horse turning for home below. It<br />
reads, “Following Jesus’ example.” Good score,<br />
Commissioner Rogers, and thanks!<br />
THE WOLF WITH NINE LIVES<br />
That could only be one wolf: Frank Wolf, Republican<br />
<strong>of</strong> Virginia, who refuses to die despite defeat<br />
after defeat in Congress. His most recent resounding<br />
loss came Wednesday, when the House killed<br />
his latest fiasco, calling for a national commission<br />
to study Indian gaming, by a vote <strong>of</strong> 273-151. One<br />
Congresswoman, Shelley Berkley, a Nevada<br />
Democrat, said she voted against the bill because<br />
it came from Wolf, and that she is suspicious <strong>of</strong><br />
any gambling related legislation he proposes. “He<br />
is looking for the worst aspects <strong>of</strong> gaming, and<br />
when the National Impact Study Commission report<br />
did not yield the results he wanted, he thought<br />
he would try a different approach and this is it,”<br />
Rep. Berkley said.<br />
Rep. J. D. Hayworth, an Arizona Republican, led<br />
the opposition to the Wolf measure, saying there<br />
already have been 73 federal studies <strong>of</strong> Indian<br />
gambling, including six requested by Wolf.<br />
YESTERDAY’S QUIZ ANSWER<br />
We did not intend it as a mystery quiz, but we made<br />
it one by omission. The writer who made the leap<br />
from USTA expatriate to executive editor<br />
<strong>of</strong> Sports Illustrated is Charlie Leehrsen.<br />
Sorry about that.
HARNESS TRACKS OF AMERICA<br />
Executive Newsletter<br />
A daily fax and e-mail report on racing and gaming developments in North <strong>America</strong> and beyond<br />
Stanley F. Bergstein, Editor<br />
JUDGE APPOINTED IN INDIANA<br />
The Indiana Racing Commission appointed an<br />
administrative law judge to hear evidence in an<br />
investigation involving the state’s second parimutuel<br />
racetrack. Joe Gorajec, the commission’s<br />
executive director, issued reports on June 27 accusing<br />
<strong>of</strong>ficials <strong>of</strong> Indianapolis Downs with failing<br />
to disclose details about Larry Mohr, a paid lobbyist<br />
and consultant. The reports alleged Mohr<br />
made several phone calls to commission member<br />
Janet Bozzelli and met with her and Nicholas Stein,<br />
also a commissioner at the time, during a threeday<br />
period in May 2001 when the panel was considering<br />
Indianapolis Downs’ application. Gorajec<br />
has recommended that the track under construction<br />
southeast <strong>of</strong> Indianapolis in Shelby County<br />
be fined $1.2 million. Indianapolis Downs <strong>of</strong>ficials<br />
have maintained they met disclosure requirements<br />
and want the fine and the allegations behind it dismissed.<br />
If administrative law judge Bernard Pylitt<br />
accepts the case, he will hear evidence and make<br />
a recommendation to the commission on whether<br />
actions should be taken. Indianapolis Downs wants<br />
someone else appointed to hear the case because<br />
Pylitt played a part in the investigation as an administrative<br />
law judge. The track is also seeking<br />
sanctions against Gorajec and wants him disqualified<br />
from any proceedings involving the track. It<br />
has filed affidavits from two former commission<br />
members who said the investigation was flawed,<br />
in part because Gorajec was prejudiced against<br />
the track. The commission postponed consideration<br />
<strong>of</strong> the allegations against Gorajec until the law<br />
judge makes a recommendation on the other matters.<br />
Commission Chairman Richard Darko said<br />
he could not give a timeline for having the disciplinary<br />
matters resolved, but said it was important<br />
other regulatory proceedings continue. A commission<br />
attorney defended Gorajec’s actions<br />
as “fair and even-handed.”<br />
July 22, <strong>2002</strong><br />
ISLE OF CAPRI TO SELL CASINO<br />
Isle <strong>of</strong> Capri Casinos, the Biloxi, Miss., riverboat<br />
casino operator and parent company <strong>of</strong> HTA member<br />
Pompano Park, has announced it will sell the<br />
Lady Luck casino in downtown Las Vegas to AMX<br />
Nevada for an undisclosed price. In a statement,<br />
Isle <strong>of</strong> Capri Chairman Bernard Goldstein said the<br />
Lady Luck Las Vegas never really fit into the<br />
company’s core business model. “This sale, if consummated,<br />
will allow the Isle <strong>of</strong> Capri Casinos to<br />
return its focus to what we know best, operating<br />
regional casinos outside <strong>of</strong> Las Vegas and Atlantic<br />
City.” Terms <strong>of</strong> the deal were not disclosed.<br />
N.J. NEXT FOR MAGNA???<br />
The Bergen Record reports that the Meadowlands<br />
Racetrack and Monmouth Park, the New Jersey<br />
Sports and Exposition Authority’s two racetracks,<br />
may be the next steps in a current buying spree by<br />
Frank Stronach’s Magna Entertainment<br />
Corporation. George Z<strong>of</strong>finger, president <strong>of</strong> the<br />
Sports Authority, told the Record’s John Brennan,<br />
“If Magna would like to enter into discussions with<br />
regard to the racetracks, we would have an open<br />
ear at the appropriate time. Right now is not yet<br />
the appropriate time, because we are in the process<br />
<strong>of</strong> looking at the overall development <strong>of</strong> the<br />
Meadowlands.”<br />
SAUDI PRINCE DEAD AT 43<br />
Prince Ahmed bin Salman bin Abdulaziz, owner <strong>of</strong><br />
<strong>2002</strong> Kentucky Derby winner War Emblem and<br />
the powerful Thoroughbred Corp. racing stable<br />
died Monday <strong>of</strong> an apparent heart attack at age<br />
43. According to the Associated Press, Ahmed, a<br />
nephew <strong>of</strong> King Fahd <strong>of</strong> Saudi Arabia and chairman<br />
<strong>of</strong> a Saudi publishing empire, died in the capital<br />
<strong>of</strong> Riyadh. Last year, Ahmed’s elder brother,<br />
Prince Fahd, died <strong>of</strong> a heart attack at age 46.
HARNESS TRACKS OF AMERICA<br />
Executive Newsletter<br />
A daily fax and e-mail report on racing and gaming developments in North <strong>America</strong> and beyond<br />
Stanley F. Bergstein, Editor<br />
DIDGERIDOO IN BERGSTEIN PACE<br />
With HTA Executive Vice President Stan “Mr.<br />
<strong>Harness</strong> Racing” Bergstein in attendance, a sharplooking<br />
field <strong>of</strong> six 3-year-olds took up position<br />
behind the starting gate for the $26,900 Stan<br />
Bergstein Pace Final on Monday, July 22 at<br />
Plainridge Racecourse in Plainville, Mass. When<br />
the smoke cleared, Didgeridoo, owned by the Fox<br />
Ridge Stable, emerged triumphant in a dramatic<br />
three-horse driving finish over Cancun Hanover<br />
and Golden Boy in 1:54.4. “It was a very exciting<br />
race and competitive as could be,” said Bergstein,<br />
who was in the Plainridge winner’s circle to make<br />
the trophy presentation to winning driver Dave<br />
Ingraham and trainer Kelly Case. Prior to the<br />
race, Bergstein was on the receiving end <strong>of</strong> a<br />
winner’s circle presentation by the New England<br />
<strong>Harness</strong> Writers Association.<br />
NV. CASINOS TO OPPOSE RULE<br />
Nevada gambling regulators looking to modernize<br />
the state’s casino antimonopoly regulation are<br />
expected to hear numerous reasons tomorrow why<br />
the casino industry doesn’t support a draft proposal<br />
by Gaming Control Board member Scott<br />
Scherer submitted two months ago, according to<br />
the Las Vegas Review Journal. Scherer’s draft<br />
rule would toughen the existing regulation, which<br />
contains no “bright-line” level to which regulators<br />
could point in determining that a casino purchase<br />
or merger would give an operator an unfair competitive<br />
advantage. Scherer’s draft includes market-share<br />
thresholds. But regulators are likely to<br />
hear at a Las Vegas meeting that the state’s casino<br />
industry opposes the bright-line limits. Station<br />
Casinos’ CFO Glenn Christenson said Las<br />
Vegas consumers don’t need additional antitrust<br />
protection. “We’ve got 150,000 machines in<br />
Las Vegas,” Christenson said. “It’s not<br />
like the power company where consumers<br />
have only one source.” Scherer said he’s<br />
July 23, <strong>2002</strong><br />
not aware <strong>of</strong> a single company that backs the<br />
bright-line limits in his first draft, but he’s not worried.<br />
The existing rules were created in the 1960s<br />
after the U.S. Department <strong>of</strong> Justice threatened<br />
to intervene to block Howard Hughes’ planned<br />
purchase <strong>of</strong> the Stardust on antitrust grounds after<br />
he had already bought the Desert Inn, Sands,<br />
Castaways, Silver Slipper and Frontier casinos on<br />
the Strip. A 1969 state law ratified the commission<br />
antitrust rules, but in 33 years they have never<br />
been used to block a purchase or merger.<br />
HBPA ISSUES REPORT<br />
A task force set up by the National Horsemen’s<br />
Benevolent and Protective Association (HBPA)<br />
found no evidence <strong>of</strong> criminal wrongdoing by two<br />
Kentucky HBPA (KHBPA) <strong>of</strong>ficials who were<br />
involved with a consulting group while they held<br />
positions with the national association. But the<br />
HBPA’s Conflict <strong>of</strong> Interest Task Force did find<br />
evidence <strong>of</strong> a conflict on the part <strong>of</strong> the two, former<br />
KHBPA counsel Don Sturgill and former president<br />
Rick Hiles. The report also found that while<br />
KHBPA Executive Director Marty Maline, who<br />
also helped for the consulting group, “showed poor<br />
judgment” he did nothing to warrant any sort <strong>of</strong><br />
criminal or civil liability.<br />
KY. WON’T GIVE UP ON SLOTS<br />
The racing industry is not giving up on its effort to<br />
bring VLTs to Kentucky racetracks, according to<br />
an article in the Kentucky Post. Convinced that<br />
the slots bill that died in the <strong>2002</strong> General Assembly<br />
is a good bill and that legislators will support it<br />
once they know more about it. “The issue is not<br />
dead,” Alex Waldrop, president <strong>of</strong> Churchill Downs<br />
told the Kentucky Post. “We are clearly looking<br />
to 2003 as a possible next step. We don’t have<br />
concrete plans yet. There’s lots <strong>of</strong> work that<br />
needs to be done between now and the next<br />
time the issue is taken up.”
HARNESS TRACKS OF AMERICA<br />
Executive Newsletter<br />
A daily fax and e-mail report on racing and gaming developments in North <strong>America</strong> and beyond<br />
Stanley F. Bergstein, Editor<br />
BIG INTEREST IN M’LANDS SITE<br />
Nearly 70 developers interested in building at the<br />
Meadowlands sports complex have met with <strong>of</strong>ficials<br />
<strong>of</strong> the New Jersey Sports and Exposition<br />
Authority within the past two weeks, according to<br />
the Associated Press. Earlier this month, 43 firms<br />
sent representatives to a preliminary meeting with<br />
sports authority brass to ask questions about what<br />
the state wants to see built there. On Tuesday,<br />
another 25 attended a similar meeting. “This obviously<br />
indicates to us there’s a tremendous<br />
amount <strong>of</strong> interest in this request for proposals,”<br />
said NJSEA CEO George Z<strong>of</strong>finger.<br />
SUIT AGAINST SLOTS IN NEB.<br />
A video slot machine proposal should be kept <strong>of</strong>f<br />
the November ballot because <strong>of</strong> flaws in the way it<br />
was drafted, an anti-gambling group argues in a<br />
lawsuit. “This lawsuit will reveal just how insidious<br />
and self-serving this proposal is,” Pat Loontjer,<br />
executive director <strong>of</strong> Gambling With the Good Life,<br />
said Tuesday. Gaming proponents this month submitted<br />
nearly 180,000 petition signatures in support<br />
<strong>of</strong> a constitutional amendment to legalize<br />
video slot machines and other “player-activated<br />
electronic gambling devices.” But opponents say<br />
the petition violated a 1998 state law requiring that<br />
initiatives be limited to a single subject. The suit<br />
says the petition “amends or impacts at least seven<br />
existing provisions in five different sections <strong>of</strong> the<br />
Nebraska Constitution.” Among other things, the<br />
gambling proposal would create a state gambling<br />
commission with elected constitutional <strong>of</strong>ficers,<br />
provide for local gaming boards, prohibit the state<br />
from taxing the gambling proceeds and require<br />
local governments to use gambling funds to reduce<br />
property taxes. Opponents argue that all <strong>of</strong> those<br />
changes make the proposal more than just a<br />
“gambling amendment.” The suit raises<br />
several other challenges to the petition as<br />
well.<br />
July 24, <strong>2002</strong><br />
STAR<br />
ART MAKING PLANS NOW!<br />
HTA Executive Vice President Stan Bergstein today<br />
completed his advance planning trip to the<br />
Westin Diplomat Resort and Spa in Hollywood,<br />
Florida, and reports that attendees are in for a treat<br />
when HTA members convene at the beautiful<br />
beachfront facility. Bergstein also was able to secure<br />
the banquet facility at the Diplomat Country<br />
Club for the gala HTA Nova Awards Banquet on<br />
Friday, March 15. Those planning to attend the<br />
2003 HTA Annual Meeting should schedule arrival<br />
for Tuesday, March 12, 2003.<br />
HELP FOR HIALEAH?<br />
Dave Joseph <strong>of</strong> the Fort Lauderdale Sun-Sentinel<br />
reports that the New York Racing Association<br />
(NYRA) and the New Jersey Thoroughbred<br />
Horsemen’s Association (NJTHA) have confirmed<br />
they have separately looked into the feasibility <strong>of</strong><br />
running a winter meet at Hialeah Park, which has<br />
been dormant for some 14 months. “We’ve actually<br />
spoken to [Hialeah owner John Brunetti] a<br />
couple times about exploring the possibility <strong>of</strong> a<br />
winter circuit that would include horsemen from<br />
New Jersey, New York and Florida,” said Dennis<br />
Drazin, legal counsel for the NJTHA. NYRA’s<br />
Terry Meyocks acknowledged that there have<br />
“been conversations over the last year,” but said<br />
the talks have “never gotten that far.” Drazin told<br />
the Sun-Sentinel he envisioned a Saratoga-like<br />
meet for Hialeah. “We would run head-to-head<br />
with Gulfstream. Maybe we’d run on<br />
[Gulfstream’s] dark day...put together special programs<br />
with New Jersey-breds, New York-breds,<br />
grass races.” Meyocks was less optimistic. “We<br />
want to do what’s best for the horsemen but, really,<br />
we’ve never gotten that far with it. We’re not<br />
even to the stage <strong>of</strong> discussions. I just don’t think<br />
it could happen right now because we’ve got so<br />
much on our plate.”
HARNESS TRACKS OF AMERICA<br />
Executive Newsletter<br />
A daily fax and e-mail report on racing and gaming developments in North <strong>America</strong> and beyond<br />
Stanley F. Bergstein, Editor<br />
DON MILLAR DEAD AT 89<br />
Don R. Millar, executive vice president <strong>of</strong> the<br />
United States Trotting Association during its period<br />
<strong>of</strong> explosive growth from 1948 until 1967, and<br />
vice president <strong>of</strong> giant Hanover Shoe Farm after<br />
that, died yesterday at his home in Columbus,<br />
Ohio, at 89. During his USTA tenure, early computerization<br />
and the Sires and Dams book were<br />
introduced and the first edition <strong>of</strong> the hugely successful<br />
Care and Training <strong>of</strong> the Trotter and Pacer<br />
was published. Millar was instrumental in introducing<br />
the Ohio Sires Stakes program and was an<br />
outstanding small breeder, with three<br />
Hambletonian winners to his credit, Timothy T in<br />
1970, Christopher T in 1974 and Steve Lobell in<br />
1976. HTA extends sympathy to his wife Varley<br />
and the Millar family.<br />
NEW POST FOR WALDROP<br />
In an effort to bring cohesion and coordination to<br />
the effort to oversee government relations for its<br />
far-flung empire, Churchill Downs is realigning its<br />
top management, and Alex Waldrop, track president<br />
since 1999 and its general manager as well,<br />
will take over as senior vice president for public<br />
affairs. Waldrop, 45, is an attorney who joined<br />
Churchill 10 years ago as general counsel, rose to<br />
president and GM, and led the campaign for slots<br />
at tracks in Kentucky last year, an effort he says<br />
is far from over and will require intensive lobbying<br />
in the next few years. Waldrop said, “Right<br />
now, the political stakes are high at both the state<br />
and federal level for this industry. Some <strong>of</strong> the<br />
greatest challenges we face deal with public policy<br />
issues, and in many respects the horse industry<br />
can’t grow without enabling legislation.” Churchill<br />
CEO Tom Meeker did not immediately appoint a<br />
new president, but announced that COO John<br />
Long will oversee day-to-day operation<br />
and Jim Gates, who has served as VP <strong>of</strong><br />
administration, will be interim GM.<br />
July 25, <strong>2002</strong><br />
BIG MONEY & HOPES AT BIG M<br />
Three Breeders Crown events, worth $1.85 million,<br />
are scheduled for decision Saturday at the<br />
Meadowlands, along with eliminations for next<br />
week’s Hambletonian and Hambletonian Oaks.<br />
The Breeders Crown events are the $1 million Trot<br />
for older horses, ninth race on the Meadowlands’<br />
Saturday card; the $500,000 Pace, for older pacers,<br />
to be raced as the 11th race on the 14-race<br />
card; and the $350,000 Mare Pace, 13th race on<br />
the program. Fool’s Goal has been installed as<br />
the 9-to-5 favorite in the Trot, but he faces a severe<br />
test from the invading Swedish star Victory<br />
Tilly, a winner <strong>of</strong> $2.6 million, to be driven by<br />
Scandinavia’s most brilliant horseman, Stig<br />
Johansson. The pacing field is led by a powerful<br />
Brittany Farms entry <strong>of</strong> Real Desire and Capital<br />
Request, but the field includes 2000 Horse <strong>of</strong> the<br />
Year Gallo Blue Chip, hoping to raise his lifetime<br />
earnings above $4 million. In the mare pace, 2001<br />
Horse <strong>of</strong> the Year Bunny Lake is morning line favorite,<br />
but she faces an all-star field including Eternal<br />
Camnation and Frightening P, supplemented<br />
to the championship for $40,000, and the hard-hitting<br />
Molly Can Do It, who just might.<br />
TWO MORE WINNERS<br />
In the graphics department, not on the track. Recently<br />
arrived here, a dandy media guide and<br />
record book from Hoosier Park, attractively covered<br />
in green, purple and tan, spiral bound for easy<br />
reference, and containing full info on both harness<br />
and thoroughbred racing at the Indiana track. Also<br />
in recently, Ellen Taylor’s 2003 edition <strong>of</strong> the <strong>Harness</strong><br />
Horse Youth Foundation’s Equine School and<br />
College Directory, compiled by Susan Lewis. This<br />
valuable book includes U.S. and Canadian schools,<br />
colleges and universities <strong>of</strong>fering equine-related<br />
education, vet and farrier schools, scholarship<br />
sources and other related information. Good<br />
job!
HARNESS TRACKS OF AMERICA<br />
Executive Newsletter<br />
A daily fax and e-mail report on racing and gaming developments in North <strong>America</strong> and beyond<br />
Stanley F. Bergstein, Editor<br />
BIG CHANGES FOR SARATOGA<br />
All plans have not been finalized, but HTA member<br />
Saratoga Equine Sports Center will be different<br />
in the near future. Perhaps very different. For<br />
one thing, the name <strong>of</strong> the track will change again.<br />
Once known as Saratoga Raceway, then as<br />
Saratoga <strong>Harness</strong>, and now as the Saratoga Equine<br />
Sports Center, the track will change its name once<br />
again. General manager Skip Carlson isn’t saying<br />
just what the new name will be, but it will not<br />
be the Equine Sports Center. It also will not be a<br />
half-mile track. Carlson says the idea <strong>of</strong> changing<br />
the size, after 61 years, is to make Saratoga the<br />
only five-eighths mile track in New York state, and<br />
he says that with that “the racing will be much<br />
more competitive” and eliminate the bias <strong>of</strong> halfmile<br />
track post positions. Saratoga also is contracting<br />
with a gaming company to manage its slots<br />
operations, and Carlson says the company -- unidentified<br />
but “an experienced player in the industry,”<br />
will bear the major portion <strong>of</strong> the $6 million<br />
cost to install the machines and their site at the<br />
track.<br />
CAPITAL OTB UPGRADING, TOO<br />
While Skip Carlson was outlining Saratoga’s plans<br />
to the board <strong>of</strong> the Capital District Regional OTB<br />
at the Gideon Putnam in Saratoga Springs,<br />
Capital’s CEO Tom Cholakis was announcing some<br />
major new plans <strong>of</strong> his own. He revealed that the<br />
HTA associate member is following Magna<br />
Entertainment’s lead in contracting with an Australian<br />
company, VeCommerce, to provide a voice<br />
recognition system for accepting bets. Magna has<br />
contracted with the Sydney-based company to install<br />
its system at Magna tracks, and Capital will<br />
begin negotiations to utilize the system -- which<br />
takes verbal bets -- including amount, type and<br />
number automatically -- to improve its<br />
wagering operations. Capital hopes to<br />
lease the system, with cost calculated as a<br />
percentage <strong>of</strong> volume <strong>of</strong> handle.<br />
July 26, <strong>2002</strong><br />
DOVER, PENN NAT’L, FLYING<br />
The stock market may be careening crazily, but<br />
Dover Downs Gaming and Entertainment and Penn<br />
National Gaming are not feeling the pressure.<br />
Dover reported record second quarter earnings<br />
yesterday, with gross revenues up to $56.2 million<br />
compared with $46.4 million a year ago. Penn<br />
National posted a 40% increase in net income for<br />
the second quarter, much <strong>of</strong> it the result <strong>of</strong> increased<br />
earnings at its West Virginia Charles Town<br />
Races gaming operation. Penn National now has<br />
almost 2,600 machines in operation there, with<br />
another 900 approved. Magna Entertainment,<br />
whose stock dropped to its yearly low <strong>of</strong> $4.46<br />
yesterday, down 30% in the turbulent market since<br />
Magna announced acquisition plans for Pimlico<br />
and Laurel, will announce second quarter results<br />
next Wednesday.<br />
CODEY NEW FREEHOLD GM<br />
Don Codey, who has served in various harness<br />
racing capacities at the Meadowlands and the New<br />
Jersey Racing Commission and has served as general<br />
manager <strong>of</strong> Rosec<strong>of</strong>t Raceway and Ocean<br />
Downs, and most recently as presiding judge at<br />
Freehold Raceway, was named this morning as the<br />
new general manager <strong>of</strong> Freehold. Rich Orbann,<br />
who has been handling those duties in addition to<br />
his role as president <strong>of</strong> Freehold and president <strong>of</strong><br />
racing operations <strong>of</strong> Penn National Gaming, is<br />
turning over the GM duties to Codey and made<br />
the announcement today. Codey spent 15 years<br />
at the Meadowlands in various managerial and<br />
racing <strong>of</strong>ficial capacities from 1976 to 1991, then<br />
served as assistant director <strong>of</strong> the New Jersey<br />
Racing Commission from 1991 to 1995. He was<br />
general manager at Rosecr<strong>of</strong>t Raceway in 1995<br />
and 1996, and COO and general manager <strong>of</strong> Ocean<br />
Downs from 1997 to 2000. Rich Orbann said<br />
Codey’s credentials and enthusiasm made<br />
him a natural for his new post.
HARNESS TRACKS OF AMERICA<br />
Executive Newsletter<br />
A daily fax and e-mail report on racing and gaming developments in North <strong>America</strong> and beyond<br />
Stanley F. Bergstein, Editor<br />
BATAVIA BACK AFTER 5 YEARS<br />
Batavia Downs returns from the dead tonight, back<br />
in action after five years <strong>of</strong> idleness, thanks to the<br />
vision and persistence <strong>of</strong> Marty Basinait, president<br />
and CEO <strong>of</strong> Western Regional Off-Track<br />
Betting. Basinait was determined to see Batavia<br />
back in business, and he spent several years <strong>of</strong><br />
effort with the New York legislature, and with the<br />
support <strong>of</strong> his Western OTB board, in first acquiring<br />
the track and then clearing all the hurdles to<br />
reopening. His dream comes true with first post<br />
at 7:35 tonight, nine races on tap, admission free,<br />
and the track still under renovation and reconstruction.<br />
The grand opening will not be until Oct. 9,<br />
when construction should be completed after $8<br />
million <strong>of</strong> renovations following the $2.5 million<br />
purchase price. The town <strong>of</strong> Batavia has strongly<br />
supported the reopening, and Batavia’s director<br />
<strong>of</strong> community development, Edward Flynn, says<br />
everyone will be a winner. “The restaurants will<br />
benefit, the hotels, even some <strong>of</strong> the little things<br />
like laundry service will benefit. The people in<br />
the city are definitely excited.” Basinait is too.<br />
“This place was a gnat’s hair from being a Home<br />
Depot or a home development,” he said. “It would<br />
have been a shame for this to become some residential<br />
subdivision. There’s plenty <strong>of</strong> dirt around<br />
for development. There are not a lot <strong>of</strong> Batavia<br />
Downs.” The Rochester Democrat and Chronicle,<br />
noted, “This is not your father’s Batavia Downs.<br />
Or your grandfather’s.” And Basinait added, “It’s<br />
not 1947 anymore, it’s new. We’re still working,<br />
but our dust is our destiny. We’re trying to give<br />
this whole thing a different look.” <strong>Inc</strong>luded in his<br />
plans is stringent observance <strong>of</strong> the rules. “I’ve<br />
already told our horsemen if they don’t play<br />
straight, they’ll be gone. This is a perception<br />
game. The people want a fair shake. My message<br />
to horsemen is race fair or pack your<br />
bags and your horses.” HTA welcomes<br />
back its longtime member.<br />
July 29, <strong>2002</strong><br />
CHANGES IN CLASSIC SERIES<br />
The Classic Series, harness racing’s highly successful<br />
series for older horses, has announced<br />
changes for 2003 after a board <strong>of</strong> directors meeting<br />
last Friday. Dr. J. Glen Brown takes over as<br />
president from Paul Spears, who has stepped down<br />
after running the series from its inception, but will<br />
continue on the board as first vice president. The<br />
directors announced the $250,000 finals in 2003<br />
will be raced at Dover Downs, with the entire series<br />
conducted during the fall months to accommodate<br />
Dover’s racing schedule. Each <strong>of</strong> the three<br />
preliminary legs will be raced at one mile, with the<br />
finals contested over the classic mile and a quarter<br />
distance. Tad Stockman, director <strong>of</strong> racing at<br />
the Meadowlands, becomes second vice president,<br />
and breeders George Segal and Tom Crouch retain<br />
their positions as treasurer and secretary.<br />
Canada’s Forest City Yearling Sale joins the<br />
Classic’s sponsors, and sales manager Brian<br />
Webster will join the Classic board.<br />
NETTIE’S TOUGH, 100 TIMES<br />
There were major developments on the racing front<br />
over the weekend, but none more satisfying than<br />
the victory <strong>of</strong> New Zealand-bred pacer Lady Netty<br />
N. at Pompano Park. When she made a threewide<br />
move on the final turn and rushed to victory<br />
in a 1:56.3 mile, it marked her fifth victory <strong>of</strong> the<br />
year.....but the 100th <strong>of</strong> her career. Iron tough and<br />
now 14 and in her final year <strong>of</strong> competition, she<br />
has won $245,411 after 11 seasons <strong>of</strong> racing. She<br />
is owned by Rosie Huff <strong>of</strong> Deerfield Beach,<br />
Florida, and trained by her husband, Jake.<br />
PRECIOUS IS PERFECT<br />
Largely overlooked this year, although she has<br />
never been beaten in 16 starts, Precious Delight<br />
zoomed to the top <strong>of</strong> pacing filly standings last Friday<br />
when she handed Worldly Beauty her second<br />
loss in 13 career starts. She now has<br />
won $725,000.
HARNESS TRACKS OF AMERICA<br />
Executive Newsletter<br />
A daily fax and e-mail report on racing and gaming developments in North <strong>America</strong> and beyond<br />
Stanley F. Bergstein, Editor<br />
BATAVIA BACK, WITH PEOPLE<br />
Batavia Downs reopened last night after four<br />
years, nine months and eleven days <strong>of</strong> darkness,<br />
and harness fans <strong>of</strong> western New York showed their<br />
happiness by turning out en masse. A crowd estimated<br />
at 5,000 was on hand for the return <strong>of</strong> harness<br />
racing to a community that was one <strong>of</strong> the<br />
first in <strong>America</strong> to welcome the sport in its modern<br />
guise 62 years ago, but has been without it since<br />
the plant was shuttered almost five years ago. The<br />
reopening was a revelation and a reward and vindication<br />
for Marty Basinait, president <strong>of</strong> Western<br />
Regional OTB and <strong>of</strong> the new track, which is owned<br />
by that New York <strong>of</strong>f-track betting corporation. “A<br />
lot <strong>of</strong> people have said this day would never come,”<br />
Basinait said last night. “I’m pleased. I’m excited.”<br />
The track’s renovation is only 75% complete,<br />
but Basinait said, “We’d like to have a<br />
couple more months, but unfortunately we signed<br />
up for these dates. It’s not the best, but it’s not<br />
too bad.” Horsemen were high in praise <strong>of</strong> the rebuilt<br />
racing strip, and Bruce Tubin, president <strong>of</strong><br />
the Western New York <strong>Harness</strong> Horsemen’s Association,<br />
said, “We’re thrilled to be back at<br />
Batavia Downs. When finished this will be one <strong>of</strong><br />
the nicest tracks in the industry.”<br />
MERGER IN CHICAGO<br />
In an historic merger between the only back-toback<br />
racetracks in <strong>America</strong>, Hawthorne Race<br />
Course and Sportsman’s Park have reached an<br />
agreement to merge business operations and race<br />
exclusively at Hawthorne. The agreement ends<br />
70 years <strong>of</strong> horse racing at Sportsman’s, and the<br />
track, which converted to auto racing three years<br />
ago by adding 70,000 seats, will be put up for sale.<br />
The sale is not part <strong>of</strong> the merger deal,<br />
which provides for Sportsman’s leasing from<br />
Hawthorne for its horse racing dates and<br />
splitting pr<strong>of</strong>its equally after the lease<br />
payments, according to Daily Racing<br />
Form.<br />
July 30, <strong>2002</strong><br />
INDIANS WIN BIG ON COAST<br />
A U.S. federal judge ruled yesterday that<br />
California’s agreements with Indian tribes are legal,<br />
a decision hailed by both the governor <strong>of</strong> California<br />
and the leader <strong>of</strong> the state’s Indian tribes.<br />
Gov. Gray Davis called the 97-page decision “a<br />
victory for California voters who overwhelmingly<br />
passed Proposition 1A” and said the decision protects<br />
more than 200,000 jobs in the casino industry<br />
in the state. Indian leaders were jubilant, and<br />
gambling expert and law pr<strong>of</strong>essor I. Nelson Rose<br />
<strong>of</strong> Whittier Law School said, “This year will be the<br />
year that California gambling will be bigger than<br />
the Las Vegas Strip.” In his decision, federal judge<br />
David F. Levi wrote, “Where the political branches<br />
and the people <strong>of</strong> California have adopted a policy<br />
that does not violate either federal law or the U.S.<br />
Constitution, that policy is entitled to prevail.” Levi<br />
rejected the contention <strong>of</strong> four Bay area card rooms<br />
challenging California’s granting <strong>of</strong> casino games<br />
on Indian reservations while barring them on nontribal<br />
lands, and the immediate result will be transformation<br />
<strong>of</strong> a card club in San Pablo, formerly<br />
owned by Ladbroke gaming, into a full casino by<br />
the Lytton Band <strong>of</strong> Pomo Indians. The fuller implications<br />
deeply affect California and Nevada<br />
gambling.<br />
HUGE FINES IN INDIANA<br />
The price <strong>of</strong> hookers has gone up. The Indiana<br />
Gaming Commission has fined Pinnacle Entertainment<br />
$2.25 million and former Pinnacle chairman<br />
R. D. Hubbard $750,000 in the wake <strong>of</strong> a golf tournament<br />
last year in which eight ladies <strong>of</strong> leisure<br />
reportedly were imported from Las Vegas to entertain<br />
VIP guests.<br />
BIG NEW MAGNA INVESTOR<br />
David A. Rocker, a New York investment executive,<br />
has bought 2.3 million shares, or 5.03%, <strong>of</strong><br />
Magna Entertainment class A common<br />
stock.
HARNESS TRACKS OF AMERICA<br />
Executive Newsletter<br />
A daily fax and e-mail report on racing and gaming developments in North <strong>America</strong> and beyond<br />
Stanley F. Bergstein, Editor<br />
July 31, <strong>2002</strong><br />
COHEN REACHES END OF LINE<br />
SPORT LOSES TWO VETERANS<br />
Jay Cohen, convicted <strong>of</strong> violating the Interstate Death has claimed two veteran participants in harness<br />
racing. Dick Sharbaugh, executive secretary<br />
Wire Act by operating an <strong>of</strong>fshore gambling site<br />
called World Sports Exchange in Antigua and <strong>of</strong> the Pennsylvania <strong>Harness</strong> Racing Commission<br />
Barbuda in the Caribbean, appears headed for jail. from 1986 to 1999, died at 72. He served under<br />
Cohen reached the end <strong>of</strong> the line when the United four commission chairman, Jesse Crabbs, Jim<br />
States Supreme Court declined to review his conviction,<br />
leaving him to face 21 months in prison, nois, Arthur Galt Jr. former president <strong>of</strong> Maywood<br />
Eckenrode Jr., Rod Piatt and Roy Wilt. In Illi-<br />
two years <strong>of</strong> supervised release, and a $5,000 fine. Park and the son <strong>of</strong> the developer <strong>of</strong> Florida’s<br />
Cohen had fought a long, hard and costly legal famed Galt Ocean Mile, died at 90.<br />
battle, and the government <strong>of</strong> Antigua and Barbuda<br />
had filed an amicus brief urging the Supreme Court<br />
HAMBO IN DAIL<br />
AILY RACING FORM<br />
to review the case. The Cohen case, and recent<br />
decisions by Citibank and Visa to crack down on<br />
gambling transactions, are the latest developments<br />
in Internet wagering. On the brighter side, columnist<br />
Andy Beyer checked in today with a glowing<br />
report on the improvement <strong>of</strong> Youbet.com, giving<br />
it high marks for new technology that has greatly<br />
transformed the quality <strong>of</strong> the product.<br />
RACING CRISIS IN OKLAHOMA<br />
Racetracks in Oklahoma have fallen on hard<br />
times, and state <strong>of</strong>ficials and track managers say<br />
that unless something is done to make the tracks<br />
more competitive with Indian gaming, the future<br />
is bleak. In five years handle at Oklahoma’s three<br />
tracks -- Remington Park, Fair Meadows and Blue<br />
Ribbon Downs -- has fallen from $302 million to<br />
$175 million. A fourth track, Will Rogers Downs,<br />
that had declared bankruptcy 11 years ago, reopened<br />
in 1998, but simulcasting ended there last<br />
year. Although a recent law change expanded incoming<br />
signals from six to as many as a track can<br />
handle, the state senator who introduced that legislation<br />
said he didn’t think the change would be<br />
enough to enable Remington or Blue Ribbon<br />
Downs to make money. He said that if the<br />
three tracks close, the state will lose its<br />
third largest industry.<br />
The east coast and Canadian editions <strong>of</strong> Daily<br />
Racing Form will carry the entire 15-race Meadowlands<br />
Hambletonian Day program, including<br />
past performances and handicapping information,<br />
this Saturday. Meadowlands’ general manager<br />
Chris McErlean, announcing the cooperative venture,<br />
noted that full fields will be the order <strong>of</strong> the<br />
day Saturday, and said he thought there would be<br />
special interest in the product on the part <strong>of</strong> thoroughbred<br />
handicappers. In addition to the $1 million<br />
Hambletonian, the card also features the<br />
$500,000 Hambletonian Oaks for 3-year-old trotting<br />
fillies; the $500,000 Nat Ray for older trotters;<br />
the $400,000 Mistletoe Shalee for 3-yearold<br />
pacing fillies; the $400,000 U.S. Pacing Championship<br />
for older pacers; and the $300,000 Oliver<br />
Wendell Holmes for 3-year-old pacing colts and<br />
geldings.<br />
ONLY IN THE NATION OF TEXAS<br />
Texas, as those who travel there know, is a country<br />
unto itself, in size, manners, mores and more.<br />
Where else, for example, could you find a racetrack<br />
promotion called “Don’t Pee Like a Racehorse.”<br />
That was the Sam Houston Race Track<br />
feature on July 20, when the last one still holding<br />
his or her bladder while drinking three bottles<br />
<strong>of</strong> water every hour and holding one hand<br />
on a giveaway truck got the truck. It was a<br />
pickup, naturally.
HARNESS TRACKS OF AMERICA<br />
Executive Newsletter<br />
A daily fax and e-mail report on racing and gaming developments in North <strong>America</strong> and beyond<br />
Stanley F. Bergstein, Editor<br />
INTERESTING DECISION IN PA<br />
In a court decision <strong>of</strong> particular interest to track<br />
managements, a Pennsylvania appeals court has<br />
upheld the five-year suspension <strong>of</strong> a jockey who<br />
was acquitted by a jury <strong>of</strong> fixing races at Penn<br />
National Race Course. The jockey, Felix E.<br />
Pinero, had been found innocent in a jury trial,<br />
but the Pennsylvania State Horse Racing Commission<br />
suspended him anyway, and three Commonwealth<br />
Court judges yesterday upheld that<br />
penalty, saying the suspension was supported<br />
with sufficient evidence. Four other jockeys were<br />
sentenced earlier for their roles in the bad race,<br />
with their sentences ranging from probation to<br />
six months in prison. Two horse owners also were<br />
convicted in the case.<br />
SACCO BACK, AND LOCKED UP<br />
Already a winner with the U.S. Supreme Court’s<br />
refusal to review the Jay Cohen <strong>of</strong>fshore gaming<br />
case, federal authorities have arrested another<br />
<strong>of</strong>fshore operator, Ronald Sacco, and put him under<br />
lock and key after he apparently encountered<br />
visa problems in Nicaragua. Sacco was in the<br />
news eight years ago when he was sent to prison<br />
for four years for involvement with a Dominican-based<br />
gambling ring. The Justice Department<br />
at the time said he ran the largest bookmaking<br />
operation in the Dominican Republic,<br />
and after he went on CBS and discussed the case<br />
he was thrown out <strong>of</strong> that country. Gambling<br />
authority I. Nelson Rose, speaking <strong>of</strong> the case,<br />
said, “He had the guts to go on 60 Minutes to<br />
basically thumb his nose at the FBI and say, basically,<br />
‘You can’t do anything about it.’”<br />
They’ve done something about it now. Sacco also<br />
was involved in an important case in 1974 as a<br />
defendant in a case in which the Ninth Circuit<br />
Court <strong>of</strong> Appeals handed down an en banc<br />
decision upholding federal anti-gambling<br />
laws as a proper exercise <strong>of</strong> Congress’s powers<br />
under the Commerce Clause.<br />
August 1, <strong>2002</strong><br />
DATE BATTLES IN CHI...AGAIN<br />
No kidding! Those friendly folks in Chicago racing<br />
are at it again, or more accurately, at one<br />
another’s throats. Date applications for 2003<br />
were filed yesterday with the Illinois Racing<br />
Board, and someone is going to be disappointed.<br />
On the harness front, Balmoral has asked for 205<br />
dates during the entire year, racing Sundays,<br />
Tuesdays, Thursdays and Saturdays and splitting<br />
the year with its sister track Maywood Park,<br />
which would race Mondays, Wednesdays and<br />
Fridays for 157 days. Hawthorne, which returned<br />
to the racing calendar this year in successful<br />
fashion, is asking for 107 harness dates<br />
from June 13 to September 27.<br />
The thoroughbred picture is just as scrambled.<br />
Sportsman’s Park wants to race January 1 to<br />
June 8 at Hawthorne; Hawthorne is asking for<br />
dates from May 5 thru June 8 and Oct. 1 thru<br />
Dec. 31; Balmoral wants to return with runners<br />
March 1 to May 10; and Arlington has applied<br />
for May 5 to October 7. The racing board will<br />
hold hearings Sept. 19 and then set the schedule<br />
for next year.<br />
2001 WORST NYRA YEAR EVER<br />
The Schenectady Daily Gazette in New York, obtaining<br />
figures from the New York State Racing<br />
and Wagering Board under the Freedom <strong>of</strong> Information<br />
Law, announced today that the New<br />
York Racing Association had lost $11.3 million<br />
last year, the largest deficit in NYRA’s history.<br />
NYRA reported, however, that the first six<br />
months <strong>of</strong> <strong>2002</strong> produced an increase <strong>of</strong> $3.4<br />
million in gross revenue, which -- combined with<br />
$800,000 in lower expenses -- puts the association<br />
$3.5 million under budget. Closure due to<br />
the 9/11 disaster and legal fees <strong>of</strong> $3.2 million,<br />
much <strong>of</strong> them in an unsuccessful attempt<br />
to buy New York City OTB, contributed<br />
to the heavy NYRA losses last year.
HARNESS TRACKS OF AMERICA<br />
Executive Newsletter<br />
A daily fax and e-mail report on racing and gaming developments in North <strong>America</strong> and beyond<br />
Stanley F. Bergstein, Editor<br />
YOUTH LEAGUE KIDS AT HAMBO<br />
Five <strong>of</strong> the outstanding students at this year’s<br />
HTA/<strong>Harness</strong> Racing Youth Foundation Youth<br />
League Camps get their rewards tomorrow: a<br />
chance to participate in a ‘championship’ race before<br />
30,000 or more at the Meadowlands. The<br />
five standouts, selected by HHYF director Ellen<br />
Taylor on the basis <strong>of</strong> intensity <strong>of</strong> effort and willingness<br />
to learn, will take to the track at 11 a.m.,<br />
paired with five <strong>of</strong> the top drivers in the world. The<br />
five campers -- all between 11 and 13 years old --<br />
and their co-pilots behind the HHYF’s trotting ponies,<br />
supplied by 1987 Hambletonian winner and<br />
Youth League supporter Mal Burroughs, are:<br />
Emily Vincent <strong>of</strong> Harrington, Delaware, from the<br />
Harrington Raceway camp, will be driving with<br />
Stephane Bouchard. Ellen Taylor says, “Her bubbling,<br />
outgoing personality is easy to like, but her<br />
serious efforts to learn about a new discipline were<br />
the deciding factor in her selection as the<br />
Harrington representative.”<br />
Daniel Stephenson <strong>of</strong> Pendleton, Indiana, from the<br />
Hoosier Park camp, driving with John Campbell.<br />
Daniel has attended county fair harness racing with<br />
his grandparents and his intensity and work ethic<br />
earned him the trip.<br />
Cassandra Chornoboy <strong>of</strong> Rockwood, Ontario,<br />
from the Mohawk/Woodbine camp, paired with<br />
Daniel Dube. Cassandra had never seen a horse<br />
race until attending camp, but she showed a deep<br />
understanding with her essay that gained her entrance<br />
by realizing that a lot <strong>of</strong> people besides drivers<br />
are involved in making the sport work.<br />
Lily Wood <strong>of</strong> Wayne, Pennsylvania, from The<br />
Downs at Pocono camp, driving with Ron Pierce.<br />
Lily’s great-grandfather owned harness<br />
horses, but she has only photos to remind<br />
her <strong>of</strong> family involvement in the sport.<br />
August 2, <strong>2002</strong><br />
Lily has been riding horses for four years and recently<br />
got her first horse, and wrote that she<br />
“couldn’t even imagine how much different, exciting<br />
and thrilling it would be to have a partnership<br />
with a horse while driving behind it.” She can now.<br />
Dustin Parella <strong>of</strong> Lexington, Ohio, from The<br />
Meadows camp, who will share his two-seat jog<br />
cart with Luc Ouellette. Dustin’s father was a<br />
former trainer and driver and is thinking <strong>of</strong> reentering<br />
the sport. As for Dustin, he plans to be<br />
racing by 18 and also plans to win the Little<br />
Brown Jug.<br />
Ms. Taylor, who conducts all <strong>of</strong> the camps and<br />
does an incredible job teaching the kids the fundamentals<br />
<strong>of</strong> harness racing, says, “These are<br />
dynamite kids. They will charm everybody.”<br />
Speaking <strong>of</strong> dynamite, Ellen Taylor is the dynamic<br />
lady <strong>of</strong> each summer, and provides a huge<br />
service to the sport. This year she taught 60 kids,<br />
12 at each venue, and sent them home filled with<br />
harness racing lore and knowledge. While Ellen<br />
is the force driving the camps, others need to be<br />
recognized. Besides Mal Burroughs, who came<br />
up with the original idea, owner Craig Lipka, a<br />
partner in the outstanding 3-year-old pacing filly<br />
Worldly Beauty, has guaranteed $5,000 a year<br />
for 10 years to the camps in memory <strong>of</strong> three<br />
friends who perished in the World Trade Center<br />
disaster. Martin Scharf, owner <strong>of</strong> 2000 Horse<br />
<strong>of</strong> the Year Gallo Blue Chip, has been a contributor.<br />
The Pennsylvania <strong>Harness</strong> Horsemen provided<br />
new helmets and vests this year. The<br />
Ontario <strong>Harness</strong> Horsemen ingeniously solved<br />
the insurance problem by making their camp<br />
kids members <strong>of</strong> OHHA; and all <strong>of</strong> the sponsoring<br />
tracks extended cordial hospitality and exceptional<br />
cooperation. We thank them all, and the<br />
Meadowlands for capping the season with<br />
the special performance on Hambletonian<br />
Day.
HARNESS TRACKS OF AMERICA<br />
Executive Newsletter<br />
A daily fax and e-mail report on racing and gaming developments in North <strong>America</strong> and beyond<br />
Stanley F. Bergstein, Editor<br />
FIRE DISASTER AT WOODBINE<br />
The greatest fear in racing -- fire -- struck Woodbine<br />
in Toronto early Sunday morning, with estimates<br />
<strong>of</strong> up to 32 thoroughbreds lost in the blaze.<br />
The count was uncertain, since some horses were<br />
turned loose from the 126 stalls in barns 7 and 7A<br />
that were destroyed at the track and others were<br />
taken to veterinary centers for treatment. One<br />
groom, 38-year-old Ernest Tambwe from Zaire, the<br />
father <strong>of</strong> five children, was hospitalized for smoke<br />
inhalation after being credited with saving 56<br />
horses. He lost $600 and a cell phone from his<br />
pocket during the 20 minutes he spent freeing<br />
horses after calling 911, and was most concerned<br />
in his hospital bed about buying school clothes and<br />
supplies that he had promised his children Sunday<br />
morning. Woodbine, which cancelled Sunday<br />
afternoon’s card, lost major revenue in addition to<br />
the two barns, but spokesman John Siscos said,<br />
“The last thing on our minds was the bottom line<br />
and how much money we’d be losing.” The loss to<br />
owners and trainers <strong>of</strong> the dead horses is incalculable.<br />
One trainer, Steve Owens, lost his entire<br />
14-horse stable, including the 4-year-old Highland<br />
Legacy, a $400,000 winner and Canada’s juvenile<br />
colt <strong>of</strong> the year two years ago, and Legal Heir, a<br />
$191,814 winner that won the last race on Saturday<br />
night’s card, missing the track record by a fifth<br />
<strong>of</strong> a second. As usual, a number <strong>of</strong> horses that<br />
had been released ran back into what they perceived<br />
as the security <strong>of</strong> their stalls and perished.<br />
Woodbine president David Willmot, a major owner<br />
himself, praised track security personnel and<br />
horsemen, saying, “It’s unbelievable how many<br />
horses were saved, thanks to the people <strong>of</strong> the<br />
backstretch, the security people, the fire department<br />
and the police department.” The only previous<br />
fatal stable area fire at Woodbine, on July 10,<br />
1990, ironically also occurred in barn 7A.<br />
Racing resumed today, a holiday in Canada.<br />
August 5, <strong>2002</strong><br />
HUGE LOTO SUIT IN QUEBEC<br />
A city lawyer who is a recovering gambling addict<br />
is filing a $700 million class action lawsuit in Quebec<br />
Superior Court against Loto-Quebec, the provincial<br />
lottery. Jean Brochu plans to claim damages<br />
and interest <strong>of</strong> $578.7 million, or $4,863 for<br />
each <strong>of</strong> the 119,000 claimants in the suit. Brochu<br />
also is seeking $119 million in exemplary damages,<br />
or $1,000 per compulsive gambler, and says that<br />
sum could be placed in a trust for a foundation that<br />
would subsidize research, prevention and treatment<br />
<strong>of</strong> gamblers addicted to using video lottery<br />
terminals. Brochu is a former municipal lawyer<br />
who defrauded his pr<strong>of</strong>essional association <strong>of</strong> some<br />
$50,000 to feed his gambling habit, according to<br />
the Toronto Star. Loto-Quebec’s attorney said the<br />
lawsuit “will be vigorously contested.”<br />
RAZE PIMLICO: STRONACH<br />
Frank Stronach, chairman <strong>of</strong> Magna Entertainment,<br />
is quoted in today’s Baltimore Sun as saying<br />
Pimlico Race Course, about to become part <strong>of</strong><br />
his racing empire, “needs to be torn down and totally<br />
rebuilt from scratch.” Stronach said he would<br />
like to see the track torn down after next year’s<br />
Preakness and have the Triple Crown classic raced<br />
at its sister track Laurel in 2004 while Pimlico is<br />
completely rebuilt. Stronach’s purchase <strong>of</strong> 51%<br />
controlling interest in Pimlico and Laurel is pending<br />
approval <strong>of</strong> the Maryland Racing Commission.<br />
NEW TEST IDEAS DOWN UNDER<br />
With support <strong>of</strong> the Australian Trainers Association,<br />
New South Wales’ thoroughbred racing board<br />
is about to introduce <strong>of</strong>f-competition testing between<br />
races. “It is the performance-enhancing<br />
drugs, such as EPO, that is the thrust <strong>of</strong> testing<br />
out-<strong>of</strong>-competition,” chief steward Ray Murrihy<br />
announced. Vets and owners also have approved<br />
the move.
HARNESS TRACKS OF AMERICA<br />
Executive Newsletter<br />
A daily fax and e-mail report on racing and gaming developments in North <strong>America</strong> and beyond<br />
Stanley F. Bergstein, Editor<br />
TODD ROBERTS STEPS UP<br />
The “Send” button had hardly been pushed on<br />
yesterday’s Executive Newsletter when the phone<br />
rang, with Todd Roberts <strong>of</strong> Roberts Communications<br />
Network on the line. He had read the account<br />
<strong>of</strong> 38-year old caretaker Ernest Rambwe<br />
from Zaire, who was hospitalized for smoke inhalation<br />
after being credited with saving 50 or more<br />
horses from the stable fire at Woodbine in Toronto<br />
early Sunday morning. Rambwe also lost $600 in<br />
the blaze, which he had intended to spend buying<br />
clothing and school supplies for his five children<br />
later Sunday morning. Roberts, touched by<br />
Rambwe’s plight, called to ask about contributing<br />
$1,000 to ease Rambwe’s situation. We had Woodbine<br />
<strong>of</strong>ficials contact him, since relief fund plans<br />
had not been finalized. They have been now. A<br />
Barn 7 Recovery Fund has been established, c/o<br />
HBPA <strong>of</strong> Ontario, Scotia Bank, 135 Queens Plate<br />
Drive, Etobicoke, Ontario M9W 6V1. The account<br />
number is 96032 00562 19, manager Michael<br />
Grimwood. Both the Ontario HBPA and Woodbine<br />
Entertainment have seeded the relief fund with<br />
$10,000 contributions. Thirty-two horses perished<br />
in the fire, and more have been humanely destroyed<br />
by veterinarians after suffering major<br />
smoke inhalation damage to their lungs and severe<br />
burns to their bodies. Several trainers lost<br />
their entire stables, or a majority <strong>of</strong> them, in the<br />
blaze.<br />
MORE SLOT TALK IN KEN-<br />
TUCKY<br />
Kentucky’s Lexington Herald-Leader fueled more<br />
talk about slots at tracks today, quoting governor<br />
Paul Patton as saying, “Kentucky should consider<br />
expanded gambling at racetracks if its revenue<br />
picture does not improve.” He said that if tax<br />
revenues are not adequate to fund a spending<br />
plan he introduced last month, “I would<br />
think we would have to look seriously at the<br />
subject <strong>of</strong> expanded gambling.”<br />
August 6, <strong>2002</strong><br />
SIMO CONFERENCE SET<br />
It hardly seems like nine years have passed, but<br />
the tenth annual TRA-HTA-AQHRTA-AGTOA Simulcast<br />
Conference is scheduled for September<br />
23-25 at the Sheraton Bal Harbour in Bal Harbour,<br />
Florida. When the first conference was held at<br />
the Dallas-Ft. Worth airport in 1993, simulcasting<br />
was in its infancy. Now it accounts for more than<br />
80% <strong>of</strong> turnover. Brochures are in the mail, and<br />
tracks should plan now to have representatives at<br />
the conference, which draws more than 400 annually.<br />
The registration fee, due before Sept. 13 for<br />
employees <strong>of</strong> the sponsoring organizations, is $95,<br />
and for others $325. The hotel room rate is $135<br />
single or double, plus 12.36% tax, and the hotel<br />
deadline for reservations is August 30. A number<br />
<strong>of</strong> sponsored social events are scheduled. The tentative<br />
agenda calls for a meeting <strong>of</strong> pari-mutuel<br />
regulators and the RCI tote standards committee<br />
to meet Sunday afternoon, Sept. 22; Simulcasting<br />
101 and a tentative 2020 committee meeting Monday<br />
morning, Sept. 23; opening conference sessions<br />
from 1:30 to 4:30 Monday afternoon, followed<br />
by a reception hosted by California race<br />
tracks and fairs. On Tuesday the conference will<br />
run from 8 a.m. to 3 p.m., with a reception following<br />
hosted by Churchill Downs Simulcast Network,<br />
Calder Race Course, Stevenson & Associates,<br />
Derby Lane Greyhound, and CORT furniture.<br />
Wednesday the concluding general session will run<br />
from 8:30 a.m. to noon. Entries for the annual<br />
award for best simulcast production are due by<br />
August 30. Six copies in VHS format should be<br />
sent to Simulcast Award Entries, TRA, 420 Fair<br />
Hill Drive, Suite 1, Elkton, MD 21921-2573, and<br />
registration for the conference should be made to<br />
the same address. Send inquiries to Tony DeMarco<br />
at the TRA <strong>of</strong>fice. Hotel reservations should be<br />
made directly with the hotel, 9701 Collins Ave.,<br />
Bal Harbour, 305-865-7511, and specify<br />
Simulcasting.
HARNESS TRACKS OF AMERICA<br />
Executive Newsletter<br />
A daily fax and e-mail report on racing and gaming developments in North <strong>America</strong> and beyond<br />
Stanley F. Bergstein, Editor<br />
FILION, CASE MEET AT N’FIELD<br />
The two leading race winners in North <strong>America</strong>n<br />
harness racing will meet in head-to-head competition<br />
at Northfield Park Friday and Saturday nights,<br />
August 30-31. In an aptly named promotion called<br />
Battle <strong>of</strong> the Best, Herve Filion, winner <strong>of</strong> 14,800<br />
races, and Walter Case, winner <strong>of</strong> 10,505, will drive<br />
against each other in 24 regularly scheduled<br />
Northfield races, with points awarded to those two<br />
on the basis <strong>of</strong> order <strong>of</strong> finish for $1,000 and $500<br />
prizes. Other drivers in the series will receive $200<br />
for each win. An autograph session with Filion and<br />
Case will be held both nights from 6 to 6:30 p.m.,<br />
with the $2 for one or $3 for both going to the New<br />
Vocations charity. Patrons also will be asked to<br />
pick the winner <strong>of</strong> the competition and his point<br />
total in a $1,000 winner-take-all, free-to-enter contest.<br />
Northfield has prepared a “Tale <strong>of</strong> the Tape”<br />
comparative fact sheet, showing Filion with<br />
$85,200,209 won by his mounts to $41,656,374 by<br />
Case’s; Case’s .399 career in-the-money batting<br />
average against Filion’s .313; and the age differential,<br />
Case’s 41 against Filion’s 62, among other<br />
facts.<br />
A TRIUMPH FOR LIEBMAN<br />
Bennett Liebman, now on the faculty <strong>of</strong> Albany<br />
Law School, scored a ten-strike with this year’s<br />
Saratoga Institute on Racing and Wagering Law<br />
sponsored by the school at the Gideon Putnam<br />
hotel in Saratoga Springs. Not only did he put together<br />
an all-star cast, but the Institute generated<br />
significant news coverage. Among the interesting<br />
developments were Jim McAlpine’s announcement<br />
that Magna Entertainment “was not going<br />
away” in its quest for New York City OTB; that<br />
organization’s president, Ray Casey, saying New<br />
York City “would take a breather” on selling<br />
NYCOTB, and that he would continue pushing<br />
for night thoroughbred signals; Saratoga<br />
Raceway’s Jim Featherstonehaugh calling<br />
August 7, <strong>2002</strong><br />
slots at tracks an issue <strong>of</strong> “the merits <strong>of</strong> necessity”;<br />
and New York Racing and Wagering Board<br />
chairman Mike Hoblock announcing that his board<br />
is developing a position on erythropoieten (EPO)<br />
and on shock wave therapy, a growing issue in thoroughbred<br />
racing. Paul Estok, general counsel and<br />
secretary <strong>of</strong> HTA, also was a speaker at the Institute.<br />
McAlpine, talking about Magna, which currently<br />
owns 14 tracks and 26 OTBs, either wholly or in<br />
partnerships that are pending, said, “A lot <strong>of</strong><br />
people think we operate on a whim,” but added<br />
that the company “has a good business plan” aimed<br />
at growing the business and making pr<strong>of</strong>its. “The<br />
business,” he said, “like all others, depends on<br />
customers. That’s what we’re all about. The key<br />
to us is total customer service. Horse racing is<br />
the heart.”<br />
MORE ON THE WOODBINE FIRE<br />
According to a spokesman for the Ontario division<br />
<strong>of</strong> HBPA, a $500,000 insurance policy could<br />
be split among those who suffered losses in the<br />
Sunday morning barn fire that killed 31 horses.<br />
The spokesman, Leslie Smith, said the policy would<br />
be paid in a lump sum and then divided by the association<br />
among the victims <strong>of</strong> the fire. He said<br />
HBPA was meeting with the insurers today, but<br />
the feeling was that equal shares would be the ultimate<br />
dispersal <strong>of</strong> the funds. The HBPA is providing<br />
clothing and hotel housing for ten backstretch<br />
workers affected by the blaze, and funding<br />
up to $1,500 to cover veterinarian bills for those<br />
with horses that were injured but survived. The<br />
fire still is under investigation by the Ontario fire<br />
marshal’s <strong>of</strong>fice. At one point 30 fire trucks were<br />
on hand battling the fire, and horses galloped loose<br />
down highway 27 after being liberated from their<br />
burning stalls.
HARNESS TRACKS OF AMERICA<br />
Executive Newsletter<br />
A daily fax and e-mail report on racing and gaming developments in North <strong>America</strong> and beyond<br />
Stanley F. Bergstein, Editor<br />
TRACK CASINOS WIN IN IOWA<br />
The Iowa Supreme Court yesterday announced<br />
that it will not review its June ruling that the state’s<br />
racetrack casinos are unjustly taxed in relation to<br />
the state’s riverboats. That ruling found that the<br />
Iowa legislature had illegally provided for higher<br />
taxes at the track casinos than at the riverboats,<br />
which have been paying 20% <strong>of</strong> gross revenues to<br />
the state. The track casinos have been paying<br />
32%, with a 2% increase a year to top out at 36%<br />
in 2004. The June high court 4-3 decision turned<br />
back the state attorney general’s argument that<br />
the differential fell within the authority <strong>of</strong> the legislature,<br />
saying such taxation was arbitrary and<br />
discriminatory. The state petitioned for another<br />
hearing, but the court now has rejected that request<br />
and remanded the matter to the trial court,<br />
with a Polk county judge to decide how much the<br />
state owes the tracks. Track operators think the<br />
number could be as much as $100 million, with an<br />
additional $10 million in interest. HTA member<br />
Prairie Meadows Racetrack and Casino alone<br />
thinks it is entitled to $54 million, but called that<br />
figure negotiable, given the state’s $217 million<br />
budget deficit. The state treasurer has proposed<br />
<strong>of</strong>fering tax credits over time rather than a cash<br />
refund. Iowa’s governor, Tom Vilsack, up for reelection,<br />
thinks the legislature should consider<br />
raising taxes equally among all casinos in order to<br />
restore $39 million in annual gaming revenue lost<br />
through the Supreme Court decision. State <strong>of</strong>ficials<br />
have estimated that a uniform 24.5% tax rate<br />
would keep revenue steady, according to the Des<br />
Moines Register, but the legislature is likely to<br />
consider establishing a new statewide casino tax<br />
during its next session, which convenes in January.<br />
In another Iowa development, the Register<br />
reports that a telephone poll <strong>of</strong> 3,635 people<br />
found that 38.3% -- or almost 4 out <strong>of</strong> 10 --<br />
Iowans said they had gambled in the last 12<br />
months.<br />
August 8, <strong>2002</strong><br />
PENN NATIONAL EXPANDS<br />
Penn National Gaming has expanded again, announcing<br />
a $780 million buyout <strong>of</strong> Hollywood Casino<br />
corporation, which owns gaming properties in<br />
Aurora, Illinois; Shreveport, Louisiana; and Tunica,<br />
Mississippi. The first includes the Chicago<br />
market, the second serves Dallas, Texas, and the<br />
third draws from the Memphis market. Penn National<br />
CEO Peter Carlino calls the acquisition,<br />
which involves $347.5 million in stock (at a 20%<br />
premium over closing price yesterday) and assumption<br />
<strong>of</strong> $569 million in debt and $136 million<br />
in cash and cash equivalents “a significant growth<br />
and expansion opportunity for Penn National that<br />
is attractive both strategically and financially.”<br />
Carlino says he expects the Aurora operation will<br />
contribute 30% <strong>of</strong> Penn National sales, compared<br />
to 23% <strong>of</strong> its business currently supplied by its<br />
Charles Town Races operation in West Virginia.<br />
That track was involved in a settlement announced<br />
yesterday in which Penn National and the West<br />
Virginia Department <strong>of</strong> Environmental Protection<br />
agreed the track will discontinue its present sewage<br />
treatment system and connect with the city <strong>of</strong><br />
Ransom’s system, build a manure storage area and<br />
horse washing stalls, and pave and curb a stable<br />
area within the next 90 days.<br />
WOODBINE DEVELOPMENTS<br />
The Woodbine fire <strong>of</strong> last Sunday morning continues<br />
to generate major news in Toronto. The<br />
Ontario <strong>Harness</strong> Horse Association has voted to<br />
donate $10,000 to the Barn 7 Recovery Fund, and<br />
Woodbine says its is reevaluating its safety procedures,<br />
including the issue <strong>of</strong> sprinklers, which<br />
the burned barns did not have, as “good, prudent<br />
business practice.” The cause <strong>of</strong> the fire still has<br />
not been determined, and Woodbine and a sprinkler<br />
system supplier differed over the issue <strong>of</strong><br />
whether sprinklers could have prevented<br />
the devastation.
HARNESS TRACKS OF AMERICA<br />
Executive Newsletter<br />
A daily fax and e-mail report on racing and gaming developments in North <strong>America</strong> and beyond<br />
Stanley F. Bergstein, Editor<br />
August 9, <strong>2002</strong><br />
TIME TO BID ON CHI CASINO Illinois attorney general Jim Ryan, who had threatened<br />
to block the settlement, relented, saying his<br />
Now’s your chance if you would like to bid on having<br />
a casino in the immediate Chicago suburbs.<br />
<strong>of</strong>fice’s aggressive stand had resulted in a much<br />
stronger deal for the state. “It is not a perfect<br />
Or perhaps even closer. The Illinois Gaming Board<br />
agreement,” he said, “but it is one that could be in<br />
yesterday revealed that it is close to finalizing a<br />
the state’s best interest, provided its terms are<br />
deal under which the father and son team <strong>of</strong> Donald<br />
adhered to and aggressive oversight is in place.”<br />
and Kevin Flynn, lead investors in the ill-starred<br />
Among the terms is that the Flynns will have to<br />
Emerald Casino in suburban Rosemont, will be<br />
spend an estimated $7 million to tear down the<br />
barred from all future involvement in Illinois casino<br />
gambling, and the license <strong>of</strong> the last casino in<br />
steel skeleton <strong>of</strong> the Emerald in Rosemont that<br />
was erected before the Gaming Board put a halt<br />
Illinois will be put up for competitive bidding.<br />
to all operations.<br />
The administrator <strong>of</strong> the Gaming Board, Philip<br />
Parenti, made his feelings crystal clear on the<br />
Flynns, whom he accused <strong>of</strong> “egregious conduct”<br />
and lying in their dealings with his board. “We<br />
wanted the Flynns out <strong>of</strong> Illinois in every respect,”<br />
he said. They may be out <strong>of</strong> Illinois, but without<br />
any formal finding <strong>of</strong> wrongdoing they can pursue<br />
gaming interests elsewhere, including neighboring<br />
Indiana where Kevin Flynn’s firm Fleet Street <strong>Inc</strong>.<br />
is paid $500,000 a year by Blue Chip Casino, according<br />
to the Chicago Tribune, to block a planned<br />
Indian casino from being built just across the Indiana<br />
state line with Michigan. If the tribe does not<br />
open its planned casino by June, 2004, Fleet Street<br />
stands to reap a $5 million bonus. That deal, which<br />
had been a secret when Boyd Gaming bought Blue<br />
Chip from a Flynn controlled company in 1999, resulted<br />
in a $1 million fine for the casino, and was<br />
used by Illinois in its push to oust the Flynns from<br />
Emerald. They’re out now, but other shareholders<br />
still have to approve the settlement, which will<br />
return $63 million (but no pr<strong>of</strong>it) to original investors,<br />
more than a million to the Gaming Board for<br />
legal fees and expenses, and the remaining proceeds<br />
from sale <strong>of</strong> the license to the state <strong>of</strong> Illinois<br />
for the loss <strong>of</strong> hundreds <strong>of</strong> millions in revenues<br />
during the years <strong>of</strong> litigation over<br />
Emerald.<br />
Although all conditions have not been made public,<br />
bidders for the vacated Emerald license will be<br />
judged not on money alone, but on economic benefit<br />
to surrounding communities, commitments to<br />
charitable giving, affirmative action plans and <strong>of</strong>fers<br />
to fund programs for compulsive gamblers.<br />
BIG AND BUSY WEEK IN RACING<br />
Starting with the opening <strong>of</strong> the summer/fall meeting<br />
at Freehold Raceway this afternoon, under the<br />
guidance <strong>of</strong> new general manager Don Codey, a<br />
busy weekend <strong>of</strong> harness racing is on tap. Codey<br />
is adding a Pick-4 and Pick-7, both with carryovers,<br />
to the betting mix, along with superfectas in the<br />
fifth and last race <strong>of</strong> each day’s card. The meet<br />
runs through the end <strong>of</strong> the year.<br />
Elsewhere, the $150,000 Adioo Volo for 3-yearold<br />
filly pacers and the $450,000 Adios for 3-yearold<br />
pacing colts are on the card at The Meadows<br />
tonight and tomorrow; a $1,573,200 program, led<br />
by the $500,000 Hoosier Cup with McArdle and a<br />
$100,000 pace for older horses, is on tap at Hoosier<br />
Park tomorrow night, making it the richest<br />
night <strong>of</strong> horse racing in Indiana; Northfield Park<br />
features its $150,000 Battle <strong>of</strong> Lake Erie Saturday<br />
night with Peruvian Hanover and Gallo Blue<br />
Chip as favorites; and Varenne meets Scarlet<br />
Knight in the mile and a sixteenth Jubilee<br />
Trophy Trot in Stockholm.
HARNESS TRACKS OF AMERICA<br />
Executive Newsletter<br />
A daily fax and e-mail report on racing and gaming developments in North <strong>America</strong> and beyond<br />
Stanley F. Bergstein, Editor<br />
HTA ART CATALOG ONLINE<br />
HTA’s <strong>2002</strong> art catalogue -- the 25th anniversary<br />
edition -- now is online on our Web site,<br />
www.harnesstracks.com. One hundred and twenty<br />
works <strong>of</strong> art have been accepted for show and sale<br />
this year, with a new category -- Treasures <strong>of</strong> the<br />
Past -- <strong>of</strong>fering 28 pre-owned paintings, including<br />
8 by the late Philip Berkeley, one <strong>of</strong> the most popular<br />
artists ever to participate in the HTA competition.<br />
The catalogue will be bound into 15,000 copies<br />
<strong>of</strong> the September issue <strong>of</strong> Ho<strong>of</strong> Beats magazine,<br />
and the work will be displayed in the Red<br />
Mile grandstand from Monday, September 23<br />
through Saturday, September 28, Kentucky Futurity<br />
Day. All 120 works <strong>of</strong> art will be sold the following<br />
morning, Sunday, September 29, at auction<br />
in the Tattersalls Sales Arena adjacent to the Red<br />
Mile. Advance bidding will be accepted at the HTA<br />
<strong>of</strong>fice, 4640 E. Sunrise Drive, Tucson, Arizona,<br />
85718, by phone, fax or e-mail, and telephone bidding<br />
will be available on sale day starting at 8:15<br />
a.m. All net proceeds from the sale go to the HTA<br />
College Scholarship Fund for children <strong>of</strong> participants<br />
in the sport, or participants themselves.<br />
TOM SHEHAN DIES AT 91<br />
Tom Shehan, who covered racing and other major<br />
sports in this country and abroad for 75 years, died<br />
Friday in a nursing home in Scarborough, Maine.<br />
He was 91, and had fought cancer through 12 surgeries<br />
over the past decade. Shehan possessed<br />
one <strong>of</strong> the most remarkable memories in sports,<br />
and the mention <strong>of</strong> a name --in racing, golf, boxing,<br />
baseball or football -- would unleash a treasure<br />
trove <strong>of</strong> stories and anecdotes. He never<br />
played golf, but ghost wrote Ben Hogan’s Power<br />
Golf, and other works on Byron Nelson and<br />
Sam Snead. Shehan had been a track manager,<br />
state steward, presiding judge, and<br />
publicity man par excellence.<br />
August 12, <strong>2002</strong><br />
His managerial work covered six tracks in harness,<br />
thoroughbred and greyhound racing, and he<br />
also served, during his long career, as executive<br />
secretary <strong>of</strong> both <strong>Harness</strong> Horsemen International<br />
and the Horsemen’s Benevolent and Protective Association.<br />
Editor <strong>of</strong> that association’s Horseman’s<br />
Journal for 15 years, he took the magazine’s circulation<br />
from 650 to 18,000. An aggressive battler<br />
for horsemen’s causes, he once was barred<br />
from Hollywood Park for leading a strike for higher<br />
purses. He was inducted into the Writers Corner<br />
<strong>of</strong> the <strong>Harness</strong> Racing Hall <strong>of</strong> Fame in Goshen in<br />
1987, was honored by HTA a year later, and was<br />
pr<strong>of</strong>iled in Ho<strong>of</strong> Beats magazine last March. HTA<br />
sends its deepest condolences to his widow, Peggy.<br />
NEW PENNSYLVANIA TRACK?<br />
A company headed by former Pocono Downs president<br />
and HTA director Joe Lashinger Jr. says it is<br />
committed to building a harness track along the<br />
Delaware river in Chester, Pennsylvania, just south<br />
<strong>of</strong> Philadelphia. Lashinger says his firm, Chester<br />
Downs and Marina LLC, will redevelop the former<br />
site <strong>of</strong> the Sun Shipbuilding and Dry Dock company<br />
with a track, marina, restaurant and amphitheater,<br />
and will apply to the Pennsylvania <strong>Harness</strong><br />
Racing Commission for a license this month.<br />
Pending approval, Lashinger says construction<br />
could start as early as next spring, with simulcasting<br />
starting next fall and live racing beginning on<br />
Memorial Day, 2004. Lashinger, 49, was vice<br />
president and general counsel <strong>of</strong> Penn National<br />
Gaming until his resignation a few months ago, and<br />
was a Pennsylvania state legislator from the late<br />
1970s until 1990. His partners are Kevin Flynn,<br />
head <strong>of</strong> a Philadelphia construction company that<br />
will help build the facility, and George Miller, a<br />
New Jersey gambling authority who wrote the gambling<br />
law curriculum at Widener University Law<br />
School.
HARNESS TRACKS OF AMERICA<br />
Executive Newsletter<br />
A daily fax and e-mail report on racing and gaming developments in North <strong>America</strong> and beyond<br />
Stanley F. Bergstein, Editor<br />
FEDS WANT INPUT...SORT OF<br />
The Internal Revenue Service, “as part <strong>of</strong> its continuing<br />
effort to reduce paperwork and respondent<br />
burden,” is soliciting comments concerning Form<br />
W2-G, Certain Gambling Winnings. Before you<br />
get your hopes too high, IRS is not considering<br />
“reducing paperwork” or doing away with W2-G.<br />
According to the <strong>America</strong>n Horse Council, IRS is<br />
not asking if the withholding tax is a good idea,<br />
only on how the form that currently is used might<br />
be improved. If you have any thoughts on this, by<br />
all means fire them <strong>of</strong>f immediately to Glenn<br />
Kirkland, Internal Revenue Service, Room 6411,<br />
1111 Constitution Avenue NW, Washington, DC<br />
20224. Glenn needs them on or before August 19<br />
--next Monday -- which doesn’t give you much<br />
time. The original request appeared in the Federal<br />
Register <strong>of</strong> June 18, but was just discovered<br />
by the AHC. Sorry about that. Better late than<br />
never.<br />
NO NY FOR FILION UNTIL 2004<br />
Speaking <strong>of</strong> unawareness, we were unaware <strong>of</strong> the<br />
following development until we found it buried in<br />
USTA fines and suspensions. The item is reported<br />
in full from the New York State Racing and Wagering<br />
Board, dated July 16, <strong>2002</strong>: “Having withdrawn<br />
his appeal <strong>of</strong> the refusal <strong>of</strong> the NYSR&W<br />
Board to issue him a 2001 license, the Board hereby<br />
rescinds its refusal to issue a license. Herve Filion<br />
agrees that he shall not reapply, prior to the year<br />
2004, for a license. This stipulation shall not constitute<br />
any evidence that in the future he may or<br />
may not be issued a license by the NYSR&W<br />
Board.” Herve, meanwhile, prepares for his 24-<br />
race showdown against Walter Case at Northfield<br />
Park in Ohio, that event set for August 30-31. The<br />
promotion, titled Battle <strong>of</strong> the Best, matches the<br />
two leading race winners in North <strong>America</strong>n<br />
harness racing, with more than 25,000 wins<br />
between them. Filion has 14,800 and Case<br />
has 10,505.<br />
August 13, <strong>2002</strong><br />
TRUMP SUING? YOU’RE JOKING<br />
Not The Donald. Surely you jest. And certainly<br />
not the same Donald who not too many years ago<br />
said Indian casino claims were phony. Now he<br />
wants to be a blood brother, and said if he isn’t<br />
included he’ll tie up the whole deal in Connecticut<br />
in court for years. The issue is an internal battle<br />
between the Eastern Pequot tribe and a rival faction,<br />
the Paucatuck Eastern Pequots. The two<br />
were federally recognized as one tribe to negotiate<br />
for a gaming compact in Connecticut, but two<br />
outside developers -- Trump and one David A.<br />
Rosow -- entered the act. Trump has a seven-year<br />
contract with the Paucatuck Easterns, and Rosow<br />
is allied with the Eastern tribe, the far larger <strong>of</strong><br />
the two with some 1,000 members. With federal<br />
recognition as one tribe, they have to form one<br />
tribal government and decide who they want to finance<br />
their casino, which will be the third in Connecticut<br />
behind the huge Foxwoods and Mohegan<br />
Sun. Trump says that if the Easterns try to pick<br />
Rostow over him, “nobody will get anything”. He<br />
says he has spent a lot <strong>of</strong> money and time and<br />
effort and “we’ve been loyal to the tribe. All <strong>of</strong> a<br />
sudden, when they’re merged, the larger tribe<br />
seemingly wants to take it themselves. That will<br />
end up in a very large, huge litigation. It will be<br />
sad for everybody.” Ugh! White man speak with<br />
forked tongue.<br />
MOM DOESN’T LIKE VARENNE<br />
In Italy, everyone likes the world’s best trotter,<br />
Varenne. He is the kind <strong>of</strong> real national hero that<br />
Laura Hillenbrand tried to make out <strong>of</strong> Seabiscuit<br />
in her semi-fictional book. There is one Italian<br />
mother, however, who demurs. After her husband<br />
raced to the records <strong>of</strong>fice <strong>of</strong> their small town while<br />
mom was still in the hospital and named their newborn<br />
son Varenne Giampalo, for the horse and its<br />
driver, the mother went to court and said<br />
she wanted the kid to be named Christian.<br />
A decision is pending.
HARNESS TRACKS OF AMERICA<br />
Executive Newsletter<br />
A daily fax and e-mail report on racing and gaming developments in North <strong>America</strong> and beyond<br />
Stanley F. Bergstein, Editor<br />
9-11 OR 7-11?<br />
Nevada casino gambling suffered a 4% drop in<br />
the past fiscal year, the worst decline in 17 years<br />
<strong>of</strong> record keeping for the 343 casinos operating in<br />
the Silver State. Concerned industry leaders<br />
turned to academe, naturally, for an explanation,<br />
and Keith Schwer, a pr<strong>of</strong>essor <strong>of</strong> economics at the<br />
University <strong>of</strong> Nevada Las Vegas, told them the<br />
decline was the result <strong>of</strong> a worldwide economic<br />
slowdown and the post September 11 travel decline,<br />
combined with the fact that no new flavor <strong>of</strong><br />
the month was available, inasmuch as no new<br />
megaresort opened in Las Vegas in the last year,<br />
although at least one was torn down.<br />
Since the welfare <strong>of</strong> Nevada is tied closely to its<br />
casinos, there was a drop in state gambling taxes<br />
as well, the state getting $554.6 million during the<br />
fiscal year, down $10.4 million from the $565 million<br />
<strong>of</strong> a year earlier. Since the state had estimated<br />
that tax collections would be up 5.9% during<br />
the period and had budgeted accordingly, it was<br />
left with a $40 million shortfall. Pr<strong>of</strong>essor Schwer<br />
pointed out that was the danger in states that rely<br />
on cyclical revenue sources such as gambling and<br />
sales taxes. While 9-11 can be blamed for much<br />
<strong>of</strong> Nevada’s --and the nation’s -- woes, it is now 11<br />
months since that disaster, and the latest figures<br />
from Vegas show the drop is continuing. June gambling<br />
revenues were down 8%, with Vegas strip<br />
casinos reporting a 13.9% decline in winnings.<br />
Some might read these figures as a trend in gambling,<br />
rather than the result <strong>of</strong> 9-11, but others<br />
pointed out that a $22.6 million Megabucks jackpot<br />
won by a Bally’s slot player, combined with a<br />
huge drop in baccarat win from $204 million to<br />
$80.3 million, created the June losses. Whatever<br />
the cause, there is more bad news for the casinos.<br />
Nevada regulators are considering new<br />
online metering systems for better control<br />
<strong>of</strong> slots, which if mandated will cost them a<br />
bundle.<br />
August 14, <strong>2002</strong><br />
OKIE TRACKS WANT SLOTS<br />
Oklahoma’s racetracks, hard hit by competition<br />
from Indian gaming, say they can’t make it without<br />
some type <strong>of</strong> gaming, and are hoping the legislature<br />
may give them some. Only three horse<br />
tracks -- Remington Park, Fair Meadows and Blue<br />
Ribbon Downs -- have applied for licenses this<br />
year, and Fair Meadows general manager Ron<br />
Shotts says he doesn’t see any way to make it without<br />
slots. Will Rogers Downs in Claremore apparently<br />
doesn’t plan to race in 2003. Shotts says<br />
giving three tracks slots wouldn’t amount to much<br />
<strong>of</strong> a proliferation <strong>of</strong> gambling, given the amount <strong>of</strong><br />
tribal gaming now going on.<br />
YOUBET NOW A SMALLCAP<br />
It is still UBET on the ticker symbol, but<br />
Youbet.com has had its stock listing moved from<br />
the Nasdaq National Market to the Nasdaq<br />
SmallCap Market as <strong>of</strong> last Friday. The move<br />
came after Youbet’s stock price did not stay above<br />
$1 for 10 consecutive trading days, a requirement<br />
for Nasdaq big board listing. The company viewed<br />
the change with hope, saying it believed the transfer<br />
affords it additional time to operate as a<br />
Nasdaq-traded company and maintain liquidity for<br />
shareholders.<br />
MAGNANIMOUS DOINGS<br />
Magna Entertainment president Jim McAlpine is<br />
accumulating huge mileage points these days, flying<br />
coast-to-coast reporting on Magna’s racing<br />
plans. He told folks in Albany, NY, that there still<br />
is a possibility that Magna might develop the 800<br />
acres <strong>of</strong> land it quietly acquired two years ago in<br />
the town <strong>of</strong> Porter in Niagara county, NY, although<br />
it is “not a high priority.” On the west coast, he<br />
told residents <strong>of</strong> Dixon, where Magna also owns<br />
land, “No way did we buy the land just for the real<br />
estate.” And in Texas, the racing commission<br />
is reviewing plans for Magna to operate<br />
Lone Star Park while the city retains<br />
ownership <strong>of</strong> the property.
HARNESS TRACKS OF AMERICA<br />
Executive Newsletter<br />
A daily fax and e-mail report on racing and gaming developments in North <strong>America</strong> and beyond<br />
Stanley F. Bergstein, Editor<br />
EPO BAN LIKELY ON COAST<br />
The California Horse Racing Board meets next<br />
Wednesday, and it appears certain, given staff approval<br />
and no adverse comments, that it will formalize<br />
making the possession or use <strong>of</strong> erythropoietin<br />
and darbepoietin a prohibited veterinary<br />
practice in the state. The ban falls under interesting<br />
language, noting that the two are in a category<br />
“for which a recognized analytical method has not<br />
been developed to detect and confirm its administration;<br />
or the use <strong>of</strong> which may endanger the<br />
health and welfare <strong>of</strong> the horse, or the safety <strong>of</strong><br />
the rider or driver.” It has been the editor’s position<br />
that until “a recognized analytical method”<br />
has been developed, which appears to be close at<br />
hand, the happy face that has been put on drug<br />
testing results in this country is largely meaningless<br />
at worst, and misleading at best. California is<br />
to be congratulated, along with other states and<br />
organizations that are invoking prohibited practice<br />
status for EPO and its related derivatives.<br />
MIXED SIGNALS AT YOUBET<br />
Youbet.com posted healthy figures for its second<br />
quarter, with betting handle up 39% from $28.4<br />
million in 2001 to a record $39.6 million this year,<br />
and increasing monthly. In the six weeks since<br />
June 30, handle averaged $3.6 million a week, up<br />
from $3.1 million a year ago. The company’s net<br />
loss dropped, down 21% to $2.58 million from $3.25<br />
million a year ago. In its Form 10-QSB filing with<br />
the Securities and Exchange Commission, however,<br />
Youbet reported that it will require additional capital<br />
to fund its future cash requirements on a timely<br />
basis. Youbet noted that it has “suffered significant<br />
recurring operating losses and needs to raise<br />
additional funds to accomplish its objectives.<br />
These matters raise substantial doubt about<br />
the Company’s ability to continue as a going<br />
concern” and restructuring may be<br />
needed.<br />
August 15, <strong>2002</strong><br />
ROSECROFT “NOT FOR SALE”<br />
That was the word from Sharon Roberts, executive<br />
vice president <strong>of</strong> the Cloverleaf Standardbred<br />
Owners Association, which owns the HTA track,<br />
following a general membership meeting to discuss<br />
two unsolicited bids from suitors. One was<br />
from Greenwood Racing, which owns Philadelphia<br />
Park and is in partnership with Penn National<br />
Raceway in operation <strong>of</strong> Freehold Raceway, and<br />
the other was from Centaur, which owns a sizeable<br />
interest in Hoosier Park in Anderson, Indiana.<br />
Ms. Roberts said the two companies presented<br />
their proposals to Cloverleaf’s members, but<br />
“there was no vote, just a chance for the membership<br />
to have something to chew on.”<br />
THE BUSINESS BEAT<br />
With Bank <strong>of</strong> <strong>America</strong> and other banking firms<br />
using statement stuffers to let customers know<br />
they can’t use their credit cards for transactions<br />
like Internet gambling, online services are resorting<br />
to new technology. Ladbrokes, for instance,<br />
has signed an agreement with Earthport, a payment<br />
infrastructure company, to provide an e-wallet<br />
service to players. The device will enable customers<br />
to gamble online even when they are from<br />
countries where there is a reluctance to use credit<br />
cards for Internet purchases, according to Interactive<br />
Gaming News........Siemens <strong>of</strong> Germany is<br />
partnering with a new German s<strong>of</strong>tware company<br />
called Scaraboo to provide betting on sports events<br />
after they have begun. Frank Shoop, chairman <strong>of</strong><br />
the Kentucky Racing Commission, said the idea<br />
is worthy <strong>of</strong> discussion. “If someone wants to bet<br />
on a horse race after it’s begun, then let them bet,”<br />
Shoop says......Del Mar president Joe Harper and<br />
MGM Grand/Mirage chairman J. Terrence Lanni<br />
have resigned from the board <strong>of</strong> directors <strong>of</strong> Magna<br />
Entertainment, citing time constraints involving<br />
their own businesses.
HARNESS TRACKS OF AMERICA<br />
Executive Newsletter<br />
A daily fax and e-mail report on racing and gaming developments in North <strong>America</strong> and beyond<br />
August 16, <strong>2002</strong><br />
Stanley F. Bergstein, Editor<br />
THE CASINO BOYS AT WORK<br />
Just a few weeks after the Illinois state legislature<br />
increased taxes on casinos to help the state’s<br />
budget shortfall, power brokers for major casinos<br />
have met privately with Gov. George Ryan, urging<br />
him to rescind the increase. The Chicago Tribune<br />
reported on the casino interests’ internal<br />
confidential memo, dated July 26, which contains<br />
a 15-point plan “to prod lawmakers to roll back<br />
the tax increase by next summer and remove a<br />
limit on the number <strong>of</strong> slot machines and table<br />
games that casinos can operate.” The meeting<br />
with the governor, according to a spokeswoman<br />
for Argosy Gaming, which operates casinos in Joliet<br />
and Alton in Illinois, was between Ryan and Argosy<br />
chairman William Cellini, whom the Tribune<br />
identified as “a Republican powerbroker.” A<br />
spokesman for the governor said Ryan is willing<br />
“to take a look” at a rollback, contingent on opening<br />
the state’s 10th and final casino, a replacement<br />
for the ill-fated Rosemont Emerald operation now<br />
doomed by action <strong>of</strong> the Illinois Gaming Board.<br />
Once the Tribune’s Douglas Holt broke the story,<br />
casino interests claimed there was nothing secretive<br />
or nefarious about the internal memo. Jan<br />
Jones, a former Las Vegas mayor who is senior<br />
vice president for government relations and communications<br />
for Harrah’s, said, “We believe the<br />
tax is a punitive tax. It’s not good for business,<br />
not good for the industry and it’s not good for Illinois.”<br />
The memo, besides indicating that the current<br />
governor’s support was key to their effort,<br />
also urged support for Democratic gubernatorial<br />
candidate Rod Blagojevich, who is expected to win<br />
over Republican Jim Ryan in November. Democrats<br />
also are expected to take control <strong>of</strong> the Senate,<br />
and retain their majority in the House, in the<br />
coming election. A spokesman for Blagojevich,<br />
however, said he does not support the casinos’<br />
agenda and would not support or promote<br />
a casino tax rollback.<br />
TRIPLE CROWN TROT WINNER?<br />
There has not been a winner <strong>of</strong> trotting’s Triple<br />
Crown since 1972, when Super Bowl turned the<br />
trick for Stanley Dancer, but the owners <strong>of</strong> the<br />
winner <strong>of</strong> this year’s Hambletonian, Chip Chip<br />
Hooray, hope to end the 30-year drought. They<br />
are sending their small but fast colt to Yonkers<br />
Raceway for Saturday night’s $56,000 eliminations<br />
for the $338,000 Yonkers Trot, second leg <strong>of</strong> the<br />
Crown, which will be raced a week from Saturday<br />
night. If Eric Ledford can guide the Chuck<br />
Sylvester-trained 3-year-old to victory, only the<br />
Kentucky Futurity, to be raced at the Red Mile in<br />
Lexington Saturday, September 28, will stand in<br />
his way to a Triple Crown sweep.<br />
Another trotting sweep seems more assured.<br />
Varenne, now 13 for 13 for the year, starts next in<br />
the Coupe de Monde at Vincennes in Paris a week<br />
from tomorrow, the fourth leg <strong>of</strong> the European<br />
World Cup Series. A victory there would send him<br />
to Montreal for the final start <strong>of</strong> his career in the<br />
$500,000 Trot Mondial at Hippodrome de Montreal<br />
Saturday, September 28, the same day as the Kentucky<br />
Futurity for 3-year-olds in Lexington. There<br />
has been some talk <strong>of</strong> a world record attempt by<br />
Varenne at a mile at Lexington, but nothing more<br />
than talk at the moment. He missed a chance at<br />
that record by skipping the Breeders Crown at the<br />
Meadowlands to pursue the $1 million bonus in<br />
the World Cup, and in his absence the Swedish<br />
star Victory Tilly set a new world mark <strong>of</strong> 1:50.4.<br />
Money outranks time these days in harness racing,<br />
as it should, and Varenne has been a collection<br />
machine in asserting his world domination.<br />
MAINE CHANGES STRATEGY<br />
<strong>Harness</strong> racing interests in Maine have abandoned<br />
efforts for track slots by referendum, and instead<br />
will seek to obtain them through<br />
legislative action.
HARNESS TRACKS OF AMERICA<br />
Executive Newsletter<br />
A daily fax and e-mail report on racing and gaming developments in North <strong>America</strong> and beyond<br />
Stanley F. Bergstein, Editor<br />
HTA, TRA WILL MEET JOINTLY<br />
In a racing industry first, <strong>Harness</strong> <strong>Tracks</strong> <strong>of</strong><br />
<strong>America</strong> and the Thoroughbred Racing Associations<br />
will hold their annual meetings jointly next<br />
March. The two racetrack trade associations have<br />
announced that their 74 member organizations will<br />
hold joint general sessions Thursday and Friday,<br />
March 13 and 14, 2003, at the Westin Diplomat<br />
Resort and Spa in Hollywood, Florida. The TRA<br />
board <strong>of</strong> directors will meet on Wednesday afternoon,<br />
March 12, and the HTA’s board the following<br />
afternoon, but all delegates will convene jointly<br />
for morning sessions on Thursday and Friday.<br />
During the past year, the two associations have<br />
worked cooperatively and shared information for<br />
the benefit <strong>of</strong> both memberships, and the 2003 joint<br />
meeting represents a giant step forward in harness-thoroughbred<br />
cooperation. Chris McErlean,<br />
general manager <strong>of</strong> The Meadowlands, current<br />
president <strong>of</strong> HTA and an alternate director <strong>of</strong><br />
TRA, said the meeting represents a recognition<br />
<strong>of</strong> the mutual problems <strong>of</strong> track management in<br />
both breeds. Stan Bergstein and Chris Scherf, executive<br />
vice presidents <strong>of</strong> HTA and TRA, will<br />
jointly develop agendas for the general sessions,<br />
with industry leaders and authorities in and out <strong>of</strong><br />
racing as speakers, and subjects <strong>of</strong> common concern<br />
to all track owners and operators.<br />
NEW VOICE ON MEDICATION<br />
At racing industry meetings during the past year,<br />
Gary Biszantz, prominent owner and chairman <strong>of</strong><br />
the Thoroughbred Owners and Breeders Association,<br />
has spoken forcefully and consistently on the<br />
issue <strong>of</strong> medication that has plagued the industry.<br />
Yesterday, at the Jockey Club Round Table Conference<br />
on Matters Pertaining to Racing in<br />
Saratoga Springs, NY, he captured the spotlight,<br />
and the loudest and longest applause,<br />
when he told assembled racing leaders that<br />
the sport needed less medication.<br />
August 19, <strong>2002</strong><br />
Biszantz pulled no punches in his presentation,<br />
saying, “I personally believe that we were led<br />
astray years ago by some, just some, in the racing<br />
industry that led us to believe that increased medication<br />
use would increase field sizes, would allow<br />
us to race longer, that they would make more starts<br />
per year. The facts today clearly show that the<br />
reverse is true for every promise.” Biszantz called<br />
the widespread use <strong>of</strong> therapeutics “well intentioned<br />
but misdirected” and said some <strong>of</strong> the blame<br />
lay with veterinarians, noting that “the dollars<br />
speak so loud” and that all owners and trainers<br />
rely too much on vets to get their horses to the<br />
next race. “The permissive and injudicious use <strong>of</strong><br />
medication,” Biszantz said, “may get a horse to<br />
the next race with less pain, but the long-term results<br />
are disastrous for the horse.” He told the<br />
racing leaders that “We can’t just know what’s<br />
right. We need to do what’s right.” The fact that<br />
Biszantz chose to make his remarks at the prestigious<br />
conference and was greeted with loud applause<br />
is significant and a hopeful sign. Earlier this<br />
year, when prominent thoroughbred racing figures<br />
like Alice Chandler and Seth Hancock made similar<br />
remarks, they were greeted with relative silence,<br />
and Hancock was criticized in the racing<br />
press for shipping his horses out <strong>of</strong> Kentucky, in<br />
large part in protest to the state’s permissive medication<br />
rules.<br />
GETTING NASTY IN INDIANA<br />
The language is getting stronger in Hoosierland,<br />
where the racing commission and Indianapolis<br />
Downs are at odds over alleged dealings with a<br />
former chairman <strong>of</strong> the commission. An attorney<br />
for the commission filed a motion saying, “Indianapolis<br />
Downs insists on operating by its own rules<br />
and in its own sleazy way that does not pass the<br />
smell test.” An Indianapolis Downs attorney responded,<br />
“This document would be more<br />
fitting to be found in a supermarket<br />
checkout stand than in any court or administrative<br />
agency.”
HARNESS TRACKS OF AMERICA<br />
Executive Newsletter<br />
A daily fax and e-mail report on racing and gaming developments in North <strong>America</strong> and beyond<br />
Stanley F. Bergstein, Editor<br />
MIXED NEWS FROM INDIANA<br />
There is good news and bad from Hoosierland. The<br />
good news came from Hoosier Park, where sale <strong>of</strong><br />
the track’s racing signals increased by 43.7% at<br />
the meeting concluded last week, up to $367,529<br />
nightly. On-track handle also was up, by 8.4%,<br />
and average daily attendance increased by 6.7%.<br />
In Indianapolis, however, the bitter feud between<br />
the state’s racing commission and new track entrant<br />
Indianapolis Downs -- due to open in three<br />
months -- continued. The track filed a lawsuit in<br />
Marion county Superior Court asking to have the<br />
executive director <strong>of</strong> the commission, Joe Gorajec,<br />
barred from future participation in the investigation<br />
<strong>of</strong> Indianapolis Downs, and asking the court<br />
to halt the investigation <strong>of</strong> its relationships with<br />
regulators and lobbyists. The Downs claims<br />
Gorajec overstepped his authority by appointing<br />
an administrative law judge for the purpose <strong>of</strong> issuing<br />
a secret subpoena to obtain the phone<br />
records <strong>of</strong> lobbyist and consultant Larry Mohr,<br />
who Gorajec says met with two commissioners<br />
while the commission was considering the Indianapolis<br />
Downs application. The records were used<br />
as the basis <strong>of</strong> a $1.2 million fine against the track<br />
proposed by Gorajec. The lawsuit now filed claims<br />
Gorajec “exceeded the proper limits <strong>of</strong> his jurisdiction,<br />
power and authority under the law and has<br />
acted and continued to act in disregard <strong>of</strong> the minimal<br />
due-process rights which Indianapolis Downs<br />
must be afforded.” A hearing on the track request<br />
will be held Thursday. The chairman <strong>of</strong> the commission,<br />
Richard Darko, said he has not studied<br />
the track’s lawsuit, but expressed full confidence<br />
and support <strong>of</strong> his executive director. “If Indianapolis<br />
Downs is asking that Joe Gorajec be limited<br />
in his responsibilities to the commission,” he<br />
said, “the commission will strongly oppose<br />
that request.”<br />
August 20, <strong>2002</strong><br />
ESTOK TO TEACH AT U OF A<br />
HTA’s general counsel and secretary, Paul Estok,<br />
will take on additional duties this fall. He will teach<br />
a law course three hours a week on the Legal Environment<br />
<strong>of</strong> Business at the University <strong>of</strong> Arizona.<br />
Estok is a graduate <strong>of</strong> both the university’s<br />
Race Track Industry Program and its law school.<br />
The course, <strong>of</strong>fered during the fall semester, will<br />
cover the necessary foundations and a working<br />
knowledge <strong>of</strong> the legal system, regulatory law, employment<br />
law, consumer law and international law.<br />
Estok also is the proud owner <strong>of</strong> a fine new home,<br />
and will move in this weekend, after his HTA/RTIP<br />
colleagues finish painting the interior in bright new<br />
hues for their lawyer.<br />
USTA ABANDONS YEAR BOOK<br />
After 117 years, a revered tradition in harness<br />
racing has fallen victim to technology and the<br />
times. The United States Trotting Association has<br />
announced that it is discontinuing production <strong>of</strong> the<br />
annual Year Book, which contains results <strong>of</strong> all<br />
harness races in the U.S. The book has been an<br />
annual publication since John Wallace published<br />
the first volume in 1885. That edition, Volume 1<br />
<strong>of</strong> Wallace’s Year Book, now is a rare collector’s<br />
item. USTA published the book in Ho<strong>of</strong> Beats<br />
magazine from 1933 until 1938, and has issued it<br />
in bound book form annually since that time. It<br />
now will be made available through other means,<br />
and delivered in a more timely and cost-effective<br />
manner through USTA’s Internet-based services,<br />
primarily PATHWAY. John Pawlak, publicity/public<br />
relations director <strong>of</strong> USTA, said that controlling<br />
costs while maintaining a high level <strong>of</strong> service<br />
to members left USTA with the option <strong>of</strong> substantially<br />
raising the price <strong>of</strong> the book or making its<br />
information available electronically. Given the success<br />
and efficiency <strong>of</strong> USTA’s online services,<br />
the move seems a very good idea.
HARNESS TRACKS OF AMERICA<br />
Executive Newsletter<br />
A daily fax and e-mail report on racing and gaming developments in North <strong>America</strong> and beyond<br />
Stanley F. Bergstein, Editor August 21, <strong>2002</strong><br />
LATEST ROUNDS IN INDIANA Indianpolis Downs planned to race harness only,<br />
They haven’t used bikini-clad lovelies to carry the but the commission, at its latest meeting, said it<br />
round signs as yet, but the heavyweight battle between<br />
the Indiana Racing Commission and under-<br />
or turf, in 2003 and 30 days in 2004. The issue is<br />
could race a 20-day thoroughbred meeting, on dirt<br />
construction Indianapolis Downs took another bizarre<br />
turn when someone broke into the Downs Downs would forfeit one-half <strong>of</strong> its thoroughbred<br />
important, since without runners Indianapolis<br />
<strong>of</strong>fices early yesterday morning and stole hard simulcasting revenues to Hoosier Park. Both<br />
drives from three corporate computers. Gil Short, tracks must race a total <strong>of</strong> 120 days to qualify for<br />
the track’s general manager, called the burglary simulcasting.<br />
.<br />
“strictly a fact-finding mission,” and the sheriff’s<br />
department <strong>of</strong> Shelby county, where the track is NYC OTB TO CARRY RED MILE<br />
located and is just three months from completion, New York City Off-Track Betting Corporation has<br />
is investigating, along with the Indiana State Police.<br />
The Downs filed a lawsuit Monday asking a Circuit meeting at the historic Red Mile in Lex-<br />
announced that it will carry this year’s fall Grand<br />
superior court to halt the commission’s investigation<br />
<strong>of</strong> alleged improper contacts between the <strong>of</strong> the meeting on Labor Day, and will include all<br />
ington. The telecasts will begin with the opening<br />
former chairman <strong>of</strong> the commission and a second sessions with the possible exception <strong>of</strong> daytime<br />
commissioner with track lobbyists while Indianapolis<br />
Downs’ date application was being considered. card on Saturday, Sept. 28. Under New York law,<br />
racing, which would include the Kentucky Futurity<br />
The track lawyer who filed the suit, Robert W. daytime signals have to be approved by the New<br />
Hammerle, said yesterday that “I feel like I’m York Racing Association, and the Red Mile hopes<br />
representing the Democratic Party during to receive approval from NYRA. The NYCOTB<br />
Watergate,” and added that he will be “fascinated coverage is the latest in its cooperative new simulcasting<br />
approach under president Ray Casey,<br />
to see just how, when and where this stuff surfaces.”<br />
The burglars did not take the computers which includes carrying racing from Del Mar and<br />
themselves, but simply unhooked the hard drives the Breeders’ Cup in addition to the Red Mile simulcasts.<br />
and ransacked file cabinets containing GM Short’s<br />
personal notes. Hammerle said he was not accusing<br />
anyone, “just raising extremely grave concerns.<br />
They have got everything that was on the When racing jobs pay $100,000 a year, politicians<br />
NEW APPOINTEE, OLD STORY<br />
hard drives, every bit <strong>of</strong> information concerning are drawn to them like flies, and governors are<br />
the records <strong>of</strong> Indianapolis Downs. There is not a not averse to disbursing them as rewards for political<br />
service. The latest award is in Illinois, where<br />
blasted thing there that is <strong>of</strong> concern from a legal<br />
standpoint...but it was confidential information, outgoing Gov. George Ryan reportedly has given<br />
personal information to Indianapolis Downs.” The his blessing to the appointment <strong>of</strong> state senator<br />
track is alleging that commission executive Joe Walter Dudycz as the new executive director <strong>of</strong><br />
Gorajec is biased and has exceeded his authority. the Illinois Racing Board for a three-year term. A<br />
Gorajec has recommended that Indy Downs be spokesman for the governor said that lack <strong>of</strong> racing<br />
experience is not a concern, since Dudycz, a<br />
fined $1.2 million for failing to disclose what<br />
he considers improprieties during the application<br />
process.<br />
<strong>of</strong> the legislative process, the budget pro-<br />
former Chicago detective, has a knowledge<br />
cess, and “maybe not horse racing but<br />
certainly horse trading.”
HARNESS TRACKS OF AMERICA<br />
THIS OUTFIT LOVES MAGNA<br />
Magna Entertainment has been taking some media<br />
hits lately, but there also are signs that some<br />
people with money think highly <strong>of</strong> the organization.<br />
On August 13 Fair Enterprises, a company<br />
based in the Channel Islands that is controlled by<br />
Bergenie Anstalt, an associate <strong>of</strong> Frank<br />
Stronach’s, announced that it had purchased<br />
304,000 shares <strong>of</strong> Class A Subordinate Voting<br />
Stock <strong>of</strong> Magna Entertainment. Three days later<br />
Fair Enterprises was back in the market and acquired<br />
an additional 945,000 shares. With that purchase,<br />
Fair Enterprises now owns 2,831,000 shares<br />
<strong>of</strong> Magna, or 5.8% <strong>of</strong> the company’s class A voting<br />
stock. Fair Enterprises says it acquired the<br />
shares for investment purposes, and says it may<br />
purchase additional shares in the future. Mr.<br />
Stronach reportedly shares in the direction <strong>of</strong> Fair<br />
Enterprises’ shares, which would mean he has control<br />
over, or exercises direction over, more than 9<br />
million shares, or some 18.5% <strong>of</strong> Magna<br />
Entertainment’s Class A Subordinate voting stock.<br />
MILLS STILL HOT FOR NJ SITE<br />
The Mills Corporation, one <strong>of</strong> the nation’s largest<br />
developers <strong>of</strong> shopping malls, still is hot to trot<br />
with development plans for the Continental Arena<br />
site at the New Jersey Sports and Exposition Authority,<br />
and auto racing interests still are fascinated<br />
with the idea <strong>of</strong> a huge track there less than ten<br />
miles from Manhattan. Those are two prospects<br />
who seem certain to be considered September 16,<br />
the deadline for proposal submissions that NJSEA<br />
president and CEO George Z<strong>of</strong>finger has to consider.<br />
Z<strong>of</strong>finger told the Bergen Record’s John<br />
Brennan that he still doesn’t have a firm sense <strong>of</strong><br />
what he will find when the deadline arrives, but<br />
that “we’re doing everything we can to get them<br />
to submit things that are very creative.”<br />
More than 150 requests for proposals were<br />
sent out on June 30.<br />
Executive Newsletter<br />
A daily fax and e-mail report on racing and gaming developments in North <strong>America</strong> and beyond<br />
Stanley F. Bergstein, Editor<br />
August 22, <strong>2002</strong><br />
The requests were sent nationally and internationally,<br />
regarding development <strong>of</strong> 104 <strong>of</strong> the<br />
Authority’s 700 acres. Z<strong>of</strong>finger says that if 10<br />
responses are received by the deadline, he would<br />
be happy. “Of course,” he says, “it also depends<br />
on what is in them. If we get one that’s really good,<br />
that might seem like enough.” Whatever he gets,<br />
oral presentations will follow in early October, with<br />
two or three finalists hopefully selected to submit<br />
more detailed proposals by October 30, and a winner<br />
to be announced December 30.<br />
MGM LIKES CHICAGO, AGAIN<br />
Earlier this summer, when the Illinois legislature<br />
raised casino taxes, MGM Mirage pulled out <strong>of</strong><br />
the chase for the license <strong>of</strong> the ill-fated Emerald<br />
Casino. Whether it now believes that the tax will<br />
be rolled back, or whether it simply recognizes the<br />
huge potential <strong>of</strong> the Chicago market, high taxes<br />
or not, the company now is back looking for a<br />
location, perhaps in the near-O’Hare field suburb<br />
<strong>of</strong> Des Plaines. MGM Mirage’s Chicago counsel,<br />
Lawrence Suffredin, says the company now<br />
“is interested and willing to go forward.” Another<br />
suitor, developer Neil Bluhm, also hopes to land<br />
Des Plaines as a site, but Suffredin says MGM<br />
Mirage does not plan to join forces with him in<br />
any casino bid.<br />
LINCOLN SAYS IT’S US OR THEM<br />
Dan Bucci, general manager <strong>of</strong> Lincoln Park in<br />
Rhode Island, told the state’s Sherlock Commission<br />
on Gambling that if a Narragansett Indian<br />
casino is built in the middle <strong>of</strong> the state, as proposed,<br />
“it would shutter both Lincoln Park and the<br />
Newport Grand Jai Alai. It would decimate us.<br />
People would go by us like a freight train by a<br />
hobo.” The Sherlock Commission is a subcommittee<br />
<strong>of</strong> the House Finance Committee.<br />
Bucci said the state would be better <strong>of</strong>f<br />
giving the tracks more slot machines.
HARNESS TRACKS OF AMERICA<br />
Executive Newsletter<br />
A daily fax and e-mail report on racing and gaming developments in North <strong>America</strong> and beyond<br />
Stanley F. Bergstein, Editor<br />
PARK PLACE WINS, BIG<br />
It still is a few years away, but an Indian casino in<br />
the Catskills seems a good bet today after a federal<br />
judge yesterday dismissed a $1.8 billion lawsuit<br />
that an outfit called Catskill Development had<br />
brought against Park Place Entertainment. The<br />
Catskill group, which had hoped to work with the<br />
St. Regis Mohawks on a casino at Monticello<br />
Raceway, had claimed Park Place enticed the<br />
Mohawks to renege on that deal and locate at<br />
Kutshers Sports Academy instead, and had improperly<br />
interfered with its business. Ironically,<br />
one <strong>of</strong> Monticello’s founders was the late Milton<br />
Kutsher, whose family hotel has been a Catskill<br />
landmark for years. In dismissing the suit, U.S.<br />
District Judge Colleen McMahon said the Catskill<br />
Development group had not proved its claims and<br />
contentions, and granted summary judgment to<br />
dismiss all remaining claims. Park Place executive<br />
vice president and chief legal <strong>of</strong>ficer Kim<br />
Sinatra said the company was “delighted by the<br />
decision, which vindicates in unambiguous terms<br />
the position that Park Place had taken from the<br />
beginning: our dealings with the Saint Regis<br />
Mohawk Tribe were fair, proper and above board.”<br />
Park Place, which owns, manages or has an interest<br />
in 28 gaming properties operating under the<br />
Caesars, Bally’s, Flamingo, Grand Casinos, Hilton<br />
and Paris brand names, controls some 28,000 hotel<br />
rooms and has 55,000 employees worldwide.<br />
The company says it will build a world-class casino<br />
resort at Kutshers, but does not plan to begin<br />
construction until next year, after New York<br />
courts have ruled on a pending suit challenging<br />
the constitutionality <strong>of</strong> casino gambling in the state.<br />
Joseph Bernstein, an investor in Catskill Development,<br />
said that he plans to appeal the ruling on<br />
behalf <strong>of</strong> the company. Residents in the area hope<br />
the proposed casino can revive the area’s<br />
depressed and highly depressing economy.<br />
August 23, <strong>2002</strong><br />
LICENSING DELAYS IN NM<br />
In another development issue, the New Mexico<br />
Racing Commission announced that it is not yet<br />
ready to act on separate applications from R. D.<br />
Hubbard and Shawn Scott to build a new horse<br />
racing track in the city <strong>of</strong> Hobbs. Commission<br />
chairman Greg Drake said the commission could<br />
not make “a good rounded decision that would be<br />
best for racing in New Mexico at this time,” and<br />
said it would continue investigating circumstances<br />
<strong>of</strong> Hubbard’s huge fine and loss <strong>of</strong> license in Indiana<br />
and Scott’s legal battles in Louisiana. Hubbard<br />
was forced to resign as head <strong>of</strong> Pinnacle Entertainment<br />
and was fined $740,000 after it was alleged<br />
that prostitutes were imported to entertain<br />
VIP guests at Pinnacle’s Belterra Casino and Resort<br />
property in Indiana and Scott -- who recently<br />
became involved in majority ownership at Vernon<br />
Downs in New York and Bangor Raceway in Maine<br />
-- is involved in a contract dispute over a bonus<br />
issue in his purchase <strong>of</strong> Delta Downs, which he<br />
bought for $10 million and sold for $110 million or<br />
so two years later.<br />
CHANSKY OUT FOR GOOD IN NJ<br />
The New Jersey State Racing Commission, acting<br />
following the recommendation <strong>of</strong> the state’s<br />
Office <strong>of</strong> Administrative Law, has permanently<br />
revoked the license <strong>of</strong> trainer Richard Chansky,<br />
suspended a year and a half ago on charges <strong>of</strong><br />
possession and use <strong>of</strong> illegal substances. The ruling,<br />
effective next month, precludes any opportunity<br />
to ever re-apply.<br />
BIG RACES THIS WEEKEND<br />
Major racing on tap tomorrow night. At Yonkers,<br />
the second leg <strong>of</strong> the Triple Crown <strong>of</strong> trotting, the<br />
Yonkers Trot. At Balmoral in Chicago, Kadabra<br />
and Andover Hall in the <strong>America</strong>n-National and<br />
Cameron Hall in the filly division. At Freehold,<br />
Cane Pace elims, and at Woodbine<br />
the Fan Hanover and elims for the Metro<br />
and Canadian Pacing Derby.
HARNESS TRACKS OF AMERICA<br />
Executive Newsletter<br />
A daily fax and e-mail report on racing and gaming developments in North <strong>America</strong> and beyond<br />
Stanley F. Bergstein, Editor<br />
SPORTSMAN’S FOR SALE<br />
It’s now <strong>of</strong>ficial. Sportsman’s Park, a fixture on<br />
the Chicago racing scene for more than 70 years,<br />
is being <strong>of</strong>fered for sale as “an 80-acre redevelopment<br />
opportunity.” The real estate firm <strong>of</strong> Cushman<br />
& Wakefield have sent out flyers announcing that<br />
it has been retained to dispose <strong>of</strong> the track, which<br />
is located 8.5 miles from Chicago’s downtown Loop,<br />
2.5 miles north <strong>of</strong> Midway airport, and just a quarter<br />
<strong>of</strong> a mile from a major artery interchange <strong>of</strong> I-<br />
55 and Cicero Avenue. The flyer suggests that<br />
the property can be used for retail, <strong>of</strong>fice/industrial,<br />
hospitality, entertainment or healthcare development,<br />
located as it is with a population <strong>of</strong><br />
889,000 within a five-mile radius. The track was<br />
redesigned for auto racing a few years ago at staggering<br />
cost, with 70,000 seats, but the experiment<br />
was a failure and it appears that an era has ended<br />
at the Chicago racing landmark.<br />
NOVEL APPROACH AT RACEWAY<br />
Match races and head-to-head competition are not<br />
new, but innovation always is possible, even when<br />
the idea is borrowed. Raceway Park in Toledo,<br />
Ohio, did just that, borrowing Northfield Park’s<br />
Walter Case vs. Herve Filion championship driver<br />
format and then embellishing it with a creative twist<br />
<strong>of</strong> its own. The two drivers, most successful in<br />
North <strong>America</strong> in victories with more than 25,000<br />
winning drives and 13 <strong>Harness</strong> <strong>Tracks</strong> <strong>of</strong> <strong>America</strong><br />
Driver <strong>of</strong> the Year awards between them, will meet<br />
at Northfield Park in Cleveland next Friday and<br />
Saturday night and then move to Toledo for the<br />
Raceway feature Sunday, September 1. At Raceway,<br />
instead <strong>of</strong> racing for points based on finishing<br />
order, they will be given points based on the cumulative<br />
mutuel pay<strong>of</strong>f <strong>of</strong> their winning drives. A $3,<br />
2.80, 2.40 mutuel would earn 8.2 points, for<br />
example, and a $10.60 show price in the<br />
same race would earn 10.6 points. Racing director<br />
Scott Eggers’ idea.<br />
August 26, <strong>2002</strong><br />
VOTERS’ CALL AT PRAIRIE<br />
Voters in Polk county, Iowa, the home <strong>of</strong> Prairie<br />
Meadows Racetrack and Casino, will have the fate<br />
<strong>of</strong> the operation in their hands come November.<br />
A referendum will ask them to vote slot gambling<br />
at the racino up or down. If they approve -- and<br />
polls indicate they will -- prosperity will continue<br />
at Prairie. If they were to vote down slots, racing<br />
would die with them. Slots provide between $140<br />
and $150 million a year in pr<strong>of</strong>it on more than $2<br />
billion wagered on 1,500 machines. Horse racing<br />
at Prairie operates at a loss, and will be subsidized<br />
this year by $13 to $14 million from slot revenue.<br />
INTANGIBLES JUST THAT<br />
A state appeals board in Nevada has turned down<br />
a casino’s argument that its property taxes should<br />
be reduced 30% because <strong>of</strong> the value <strong>of</strong> the<br />
casino’s “intangible assets.” The Four Queens<br />
casino argued that the experience <strong>of</strong> its management<br />
and its name recognition among customers<br />
were part <strong>of</strong> those intangibles, but the appeals<br />
board said no dice. The board did accept a more<br />
tangible argument on appraisal, however, and lowered<br />
the county assessor’s $45.9 million appraisal<br />
<strong>of</strong> the 33-year-old property by $400,000.<br />
NEW FORUM AT SYMPOSIUM<br />
If you’re planning on attending the University <strong>of</strong><br />
Arizona’s Race Track Industry Program annual<br />
symposium in Tucson in December -- and we hope<br />
you are -- you might want to arrive a day early.<br />
The RTIP has announcd that GEM Communications<br />
will hold a one-day Racing and Gaming Summit<br />
on Tuesday, Dec. 10, a day before the Symposium<br />
gets underway. The gaming and wagering<br />
mix will be discussed in five seminars. Summit<br />
registration will be $295, or $595 for the<br />
Summit and Symposium combined, a<br />
$100 discount.
HARNESS TRACKS OF AMERICA<br />
Executive Newsletter<br />
A daily fax and e-mail report on racing and gaming developments in North <strong>America</strong> and beyond<br />
Stanley F. Bergstein, Editor<br />
August 27, <strong>2002</strong><br />
THE DONALD AND THE BIG M<br />
We’re not sure what an “interactive racing park”<br />
is, but that’s what the Associated Press says<br />
Donald Trump wants to build at the Meadowlands<br />
Sports Complex. We presume it may be carnival<br />
rides under a new-era name, but the AP says Trump<br />
also is working with International Speedway Corporation,<br />
the development arm <strong>of</strong> NASCAR, to<br />
build a speedway on the Sports Complex grounds.<br />
The “interactive park” would be NASCAR’s version<br />
<strong>of</strong> Disneyland, according to the story, which<br />
also said International Speedway’s plans for an<br />
auto track around the Meadowlands has been on<br />
hold because the company and the state <strong>of</strong> New<br />
Jersey have been unable to agree on who would<br />
foot the bill for the $400 million project. Enter<br />
The Donald.<br />
BALMORAL NIPS A PLOT<br />
Balmoral Park, south <strong>of</strong> Chicago, has held up on<br />
posting final results <strong>of</strong> last Saturday’s $50,000<br />
handicapping contest in the belief that the winner<br />
and fourth place finisher may have tried to rig the<br />
contest. Track president John Johnston says, “A<br />
couple <strong>of</strong> people who were in previous contests<br />
thought they could beat the system with fancy paperwork.”<br />
According to the Chicago Tribune, the<br />
plotters entered bets on color-coded sheets <strong>of</strong> paper<br />
that were numbered for each player. If a<br />
player’s win or exacta bet was successful, the dollar<br />
value was converted to points for the standings,<br />
with a top prize <strong>of</strong> $15,000. Fourth place was<br />
worth $1,500. Johnston says the suspected cheaters<br />
picked up their entry packets at 6 p.m., left<br />
the track to make photocopies, and then returned<br />
to the track. While the contest was in progress, it<br />
was discovered that there were more ballots used<br />
on a race than there were contestants. Johnston<br />
said the cheaters apparently assumed track<br />
<strong>of</strong>ficials would not look at the losing bets,<br />
and said charges will be brought if evidence<br />
warrants.<br />
MORE INSURANCE WOES<br />
HTA has received reports <strong>of</strong> member track’s starters<br />
having difficulty obtaining liability insurance<br />
coverage for their mobile starting gates. If your<br />
starter has the problem, or if he has successfully<br />
obtained coverage, please let the HTA <strong>of</strong>fice know<br />
at once.<br />
In another insurance development, the Blood-<br />
Horse reports that a new captive insurance program,<br />
similar to HTA’s long-standing company,<br />
hopefully will ease the serious workers’ compensation<br />
insurance woes in California racing. Trainers<br />
there have seen huge premium increases in<br />
state coverage, and a new program has been put<br />
together that may provide an alternative. It was<br />
hoped the program might be available Sept. 1, but<br />
Ed Halpern, the executive director <strong>of</strong> the California<br />
Thoroughbred Trainers said “factors within the<br />
insurance industry changed that,” and said the<br />
group now was not sure when it would have a deal.<br />
In an understatement, Halpern said the success<br />
<strong>of</strong> the program is dependent on “banding an industry<br />
together that doesn’t usually band together.”<br />
The insurance man trying to put the program<br />
into effect said, “We’re using the power <strong>of</strong><br />
the group policing itself for the good <strong>of</strong> everybody.<br />
It’s a lot like driver’s insurance. You keep a clean<br />
record and your rates will drop. The guys with<br />
bad records, it’s like any other business. Eventually,<br />
they won’t be able to stay in business because<br />
it will be too expensive for them. Their owners<br />
will go elsewhere.”<br />
The example is fine, except it doesn’t always work<br />
quite that way. In the case <strong>of</strong> harness racing starters,<br />
their loss experience is exemplary, with very<br />
few incidents or problems. Still, some are receiving<br />
non-renewals and are unable to find coverage.<br />
HTA is working on the problem,<br />
and we will appreciate input.
HARNESS TRACKS OF AMERICA<br />
Executive Newsletter<br />
A daily fax and e-mail report on racing and gaming developments in North <strong>America</strong> and beyond<br />
August 28, <strong>2002</strong><br />
Stanley F. Bergstein, Editor<br />
CASE WINS 9 AT NORTHFIELD<br />
Walter Case Jr., warming up for his Battle <strong>of</strong> the<br />
Best against Herve Filion at Northfield Park Friday<br />
and Saturday nights, won nine races Monday<br />
night at Northfield, the fourth time he has accomplished<br />
that remarkable feat, and only one short<br />
<strong>of</strong> his record ten victories on one card at the same<br />
track on May 26 three years ago. Case now has<br />
won 10,586 races, and Filion 14,813. Case has<br />
been red hot, winning 27 races since last Friday,<br />
22 <strong>of</strong> them at Northfield and a five-victory night at<br />
Raceway Park in Toledo. Case and Filion also<br />
have dominated HTA’s Driver <strong>of</strong> the Year honor,<br />
Filion winning it 10 times and Case 3 times, accounting<br />
for 38% <strong>of</strong> the sport’s most prestigious<br />
driving award since its inception in 1968.<br />
A WINNER BEFORE IT STARTS<br />
The <strong>Harness</strong> <strong>Tracks</strong> <strong>of</strong> <strong>America</strong> equine art auction<br />
is still a month away, but one <strong>of</strong> the top artists<br />
in the competition -- David Pavlak <strong>of</strong> Ohio -- is a<br />
winner already. Pavlak, who had four paintings<br />
accepted for this year’s show and sale, has been<br />
commissioned by the Red Mile to do an oil painting<br />
<strong>of</strong> this year’s winner <strong>of</strong> the historic Kentucky<br />
Futurity. Pavlak, a former trainer and breeder,<br />
has been one <strong>of</strong> the most popular artists in HTA’s<br />
annual competition.<br />
MIXED SIGNALS IN VEGAS<br />
With everything now measured from 9-11 , the big<br />
boys <strong>of</strong> Las Vegas are giving mixed reviews on<br />
recovery. MGM Mirage, bouncing back strongly,<br />
says it will move ahead with its planned $375 million,<br />
925-room tower expansion <strong>of</strong> the Bellagio,<br />
with construction to start in mid-2003 and completion<br />
scheduled for December, 2004. Mandalay<br />
Bay, however, says it is holding up on its construction<br />
<strong>of</strong> a new Strip megaresort, citing a 3.9%<br />
decline in second quarter earnings and blaming<br />
it in part on a summer room-rate war in<br />
Las Vegas.<br />
JACKSON NEXT TO CHAIR RCI<br />
William E. Jackson, a member <strong>of</strong> the Illinois Racing<br />
Board and current secretary-treasurer <strong>of</strong> Racing<br />
Commissioners International, has been named<br />
to fill the role <strong>of</strong> chairman <strong>of</strong> the association next<br />
April. Basil Plasteras <strong>of</strong> New Jersey, who died<br />
August 1, had been chair-elect <strong>of</strong> the organization,<br />
and Jackson was named to replace him yesterday<br />
at the RCI’s summer board meeting. Frank<br />
Zanzucci, executive director <strong>of</strong> the New Jersey<br />
racing commission, was elected to replace Jackson<br />
as secretary-treasurer.<br />
DEATHS IN THE RACING FAMILY<br />
Doris Scherf, mother <strong>of</strong> Thoroughbred Racing<br />
Associations executive vice president Chris<br />
Scherf, passed away Monday. A funeral mass will<br />
be held tomorrow at 10 a.m. at St. Mark’s Roman<br />
Catholic Church in Catonsville, MD.<br />
In Florida, Michael J. Perry Jr., a harness owner<br />
for 20 years and past president <strong>of</strong> the Florida chapter<br />
<strong>of</strong> U.S. <strong>Harness</strong> Writers, died at 63. A former<br />
basketball coach, he coached the Swedish national<br />
team to the Olympics in 1980 and recruited 7’4”<br />
Rik Smits from the Netherlands for Marist College.<br />
Smits later played for the Indiana Pacers in<br />
the NBA.<br />
HTA extends its sympathy to Chris and to Mike’s<br />
family.<br />
THE CHRISTMAS SPIRIT IN OHIO<br />
Remember when the lottery was a pocket change<br />
investment? It isn’t any longer. The Ohio Lottery,<br />
in the true spirit <strong>of</strong> the high religious holidays,<br />
has decided to roll out a new game in October<br />
called ‘Tis a Winning Season. Prizes will range<br />
from a guaranteed minimum <strong>of</strong> $5 to a 1-in-<br />
66,667 chance <strong>of</strong> winning one <strong>of</strong> 15 top<br />
prizes <strong>of</strong> $20,000. Tickets will cost $20.<br />
Merry Christmas!
HARNESS TRACKS OF AMERICA<br />
Executive Newsletter<br />
A daily fax and e-mail report on racing and gaming developments in North <strong>America</strong> and beyond<br />
Stanley F. Bergstein, Editor<br />
EPO TEST READY SOON IN NY<br />
Daily Racing Form reports today that a test for<br />
erythropoietin, or EPO, long sought and desperately<br />
needed by the racing industry, has been developed<br />
and will be implemented soon in New York<br />
state. The tests will begin, according to Matt<br />
Hegarty’s story, as soon as the board can formulate<br />
a policy <strong>of</strong> controlling them. They will be unique<br />
in that they will not be race day tests, but will be<br />
administered prior to race day, which is when EPO<br />
reportedly is administered. Hegarty reported that<br />
New York racing board members met with Dr.<br />
George Maylin, who has been working with other<br />
scientists on the tests, to discuss the plan, but no<br />
details were given on details <strong>of</strong> the discussion or<br />
the tests themselves. The tests could be a major<br />
breakthrough in detection <strong>of</strong> EPO and its derivatives<br />
and subsequent penalties against trainers<br />
using the substances.<br />
MORE RESEARCH NEWS IN KY<br />
While scientists were at work in New York and<br />
elsewhere on EPO, others were gathering in Kentucky<br />
for a two-day workshop on mare reproductive<br />
loss syndrome, or MRLS, which hit that state<br />
with disastrous results last year. Although no solutions<br />
or easy fixes emerged from the conference,<br />
it was felt that the two days <strong>of</strong> discussions set the<br />
stage and direction <strong>of</strong> future work and sound scientific<br />
approaches to MRLS.<br />
HARRAH’S BUYING LA DOWNS<br />
Harrah’s Entertainment has announced that it has<br />
signed a letter <strong>of</strong> intent to acquire 95% <strong>of</strong> Louisiana<br />
Downs in Bossier City, LA. The casino company<br />
said it will spend $157 million to buy the plant,<br />
make improvements, and install slot machines.<br />
Harrah’s already owns a riverboat casino in<br />
Shreveport, eight miles from the race track,<br />
and the company says the new acquisition<br />
represents its “further commitment to the market.”<br />
August 29, <strong>2002</strong><br />
WAR EMBLEM AS SAUDI PR<br />
In a major front page story, today’s New York Times<br />
reports that Saudi Arabia, concerned about its<br />
image and increased editorial comment on its relations<br />
with the United States and the war on terrorism,<br />
is spending millions on PR and is considering<br />
giving War Emblem, winner <strong>of</strong> the Kentucky<br />
Derby and Preakness and Saudi-owned, to the<br />
families <strong>of</strong> victims <strong>of</strong> the World Trade Center towers,<br />
destroyed by terrorists that included 15 Saudi<br />
nationals. War Emblem was purchased just weeks<br />
before this year’s Kentucky Derby from Chicago<br />
industrialist Russell Reineman by Prince Ahmed<br />
bin Salman, a member <strong>of</strong> the Saudi royal family<br />
who died <strong>of</strong> a reported heart attack in July.<br />
The Times itemized much <strong>of</strong> the more than $5 million<br />
that has been spent by the Saudis since September<br />
11 to repair their image, including payments<br />
to some <strong>of</strong> the nation’s most influential PR<br />
firms. One <strong>of</strong> them, Quorvis Communications,<br />
which is retained by the Saudis for $200,000 a<br />
month, produced an ad showing the U.S. and Saudi<br />
flags being raised together.<br />
The story appeared just one day after Times columnist<br />
Maureen Dowd wrote that vice president<br />
Dick Cheney had finally convinced her that we<br />
should go to war.....but against Saudi Arabia, not<br />
Iraq. Dowd was not the only influential columnist<br />
who has weighed in against the Saudis in recent<br />
weeks and months. After War Emblem had won<br />
the first two legs <strong>of</strong> the Triple Crown, columnist<br />
Jimmy Breslin wrote a strong piece urging Prince<br />
bin Salman not to attend the Belmont Stakes. The<br />
prince did not, citing business conflicts. The Saudis<br />
are spending the PR money representing themselves<br />
as U.S. allies <strong>of</strong> 60 years standing. Columnists,<br />
cartoonists and others are depicting<br />
them not as allies, but as valued suppliers<br />
<strong>of</strong> oil.
HARNESS TRACKS OF AMERICA<br />
Executive Newsletter<br />
A daily fax and e-mail report on racing and gaming developments in North <strong>America</strong> and beyond<br />
Stanley F. Bergstein, Editor<br />
DETROIT TRACK FOR MAGNA<br />
Magna Entertainment has announced lavish plans<br />
for a world class dual racing facility on a 220-acre<br />
site in the Detroit suburb <strong>of</strong> Romulus, close to Metropolitan<br />
Airport, and hopes to have the facility<br />
ready for racing in 2004. Jim McAlpine, Magna<br />
president and CEO, said, “We have always viewed<br />
Michigan as an important market for horse racing<br />
and the Detroit metroplex as the ideal location for<br />
the development <strong>of</strong> a modern racetrack facility.<br />
Architectural drawings <strong>of</strong> the proposed plant bring<br />
Colonial Downs in Virginia quickly to mind, with<br />
the same stately facade, and a Churchillian twist<br />
with not two but three spires atop the building.<br />
Michigan racing commissioner Annette Bacola said<br />
the new track could be a “huge boost to Michigan<br />
racing,” and said she would set up an internal review<br />
committee to study the project, hopefully by<br />
next week. Magna’s plans call for a mile and an<br />
eighth dirt track for thoroughbreds, with a mile turf<br />
track and 7/8ths mile harness track inside.<br />
In other Magna news, head man Frank Stronach<br />
was inducted into the Canadian Horse Racing Hall<br />
<strong>of</strong> Fame last night, along with harness owner Irving<br />
Liverman and harness trainer-driver Bud Fritz.<br />
And in California Jack Liebau, head <strong>of</strong> Magna’s<br />
California racing operations, said he expects<br />
Magna’s lease on Bay Meadows to be renewed<br />
or extended. The lease expires Dec. 31, but<br />
Liebau says he is optimistic.<br />
JUSTICE FIRM ON ’NET BAN<br />
The Department <strong>of</strong> Justice has reaffirmed its intractable<br />
stand in opposition <strong>of</strong> Internet gambling.<br />
Michael Chert<strong>of</strong>f, assistant attorney general,<br />
wrote a letter last week to Nevada regulators<br />
in which he made clear that the Bush administration<br />
has no intention <strong>of</strong> relaxing Internet<br />
casino gaming bans.<br />
August 30, <strong>2002</strong><br />
“As set forth in prior congressional testimony,”<br />
Chert<strong>of</strong>f wrote, “the Department <strong>of</strong> Justice believes<br />
that federal law prohibits gambling over the<br />
Internet, including casino-style gambling.”<br />
BIG WEEKEND OF RACING<br />
Major classics on a wide geographic front will provide<br />
top flight racing this Labor Day weekend. At<br />
Woodbine in Toronto, the C$1.1 million Metro Pace<br />
and the C$845,000 Canadian Pacing Derby feature<br />
another standout Woodbine Entertainment<br />
card. Real Desire, arguably the best pacer in the<br />
world at the moment, takes on Four Starzz Shark,<br />
Camotion, Life Source, Armbro Proposal and six<br />
others in the Pacing Derby, and a victory would<br />
send his earnings close to the $3 million mark. The<br />
Metro is a different matter, with no 2-year-old<br />
having yet established himself as the star <strong>of</strong> the<br />
season. Lasting Luck, undefeated in three starts<br />
for owner Jeffrey Snyder <strong>of</strong> New York, looks formidable,<br />
but Gone West, Bradley Hall and Keystone<br />
Rodeo will be trying to give Bob McIntosh,<br />
Canada’s seven-time leading trainer, his first<br />
Metro victory. Articulator, which had won his first<br />
four starts, was beaten by Lasting Luck last week,<br />
but still is a major factor. Ten go postward. In<br />
DuQuoin in far southern Illinois, an all-star field<br />
<strong>of</strong> 3-year-old trotting colts is poised for action Saturday<br />
afternoon. Kadabra, Illinois-bred and not<br />
eligible for the Hambletonian but winner <strong>of</strong> last<br />
week’s <strong>America</strong>n-National; Andover Hall, topranked<br />
in this year’s Experimental Handicap; and<br />
Chip Chip Hooray, winner <strong>of</strong> the Hambletonian but<br />
fourth in last week’s Yonkers Trot in New York, all<br />
are entered. At Balmoral Park, the $225,000<br />
<strong>America</strong>n-National open pace is on tap. At Freehold,<br />
the $369,188 Cane Pace will be raced on Labor<br />
Day Monday. At Hippodrome de Montreal,<br />
finals <strong>of</strong> the rich Coupe de l’Avenir and Coupe<br />
des Eleveurs series highlight Sunday’s<br />
card.
HARNESS TRACKS OF AMERICA<br />
Executive Newsletter<br />
A daily fax and e-mail report on racing and gaming developments in North <strong>America</strong> and beyond<br />
Stanley F. Bergstein, Editor<br />
A CASE OF TOO MUCH<br />
Herve Filion did well over the weekend in his<br />
double donnybrook against Walter Case at<br />
Northfield Park and Raceway Park, but not well<br />
enough in his return to Ohio racing. Filion<br />
started strong Friday night in the two-night competition<br />
at Northfield, winning three races, finishing<br />
second three times and third four times to<br />
take a 114-to-108 point lead over Case, who won<br />
four races on the card but had only two seconds<br />
in his other 10 drives. Then Case got serious on<br />
Saturday, winning three more races, finishing<br />
second three times and adding one third while<br />
Filion was shut out. Case, a Northfield regular,<br />
and Filion, in town for the special event, were<br />
assigned their mounts by Northfield racing secretary<br />
Gregg Keidel. The pair moved on to Raceway<br />
Park in Toledo Sunday night, and Case completed<br />
the blowout, winning seven races. Filion<br />
didn’t win, but finished in the money in 11 <strong>of</strong> the<br />
13 races in which he and Case drove. Both drivers<br />
were gracious, signing autographs and exchanging<br />
mutual compliments. Filion said he appreciated<br />
everyone’s hospitality and Case said,<br />
“Herve is great for the sport and I am very happy<br />
he is racing in Ohio. He is a true gentleman.”<br />
Filion, back in action this summer after six and<br />
a half years <strong>of</strong> enforced absence in New York,<br />
now has won 14,817 races and is determined to<br />
reach the 15,000 plateau. Case has won 10,603<br />
races and at 41 is 21 years younger than Filion,<br />
who had his first 100-win season the year after<br />
Case was born. Filion has won HTA’s Driver <strong>of</strong><br />
the Year honor 10 times, Case 3 times.<br />
SCIENTIFIC ATLANTA WINS TWO<br />
On successive days, a federal judge and the International<br />
Trade Commission last week<br />
ruled that Scientific-Atlanta’s Explorer<br />
cable TV set-top boxes did not infringe<br />
on patents held by Gemstar-TV Guide International,<br />
the parent <strong>of</strong> TVG.<br />
September 3, <strong>2002</strong><br />
It was a good week for Scientific-Atlanta, which<br />
also announced that its Latin <strong>America</strong>n subsidiary<br />
had been chosen to supply instant ticket<br />
games in El Salvador, Nicaragua and Mexico.<br />
WHEN IS A WIN NOT A WIN?<br />
We’re not exactly sure legally, but this might be<br />
a case. A Cook county judge has ruled that a<br />
1999 law that allows a defunct casino company<br />
to keep its license and relocate was not special<br />
legislation, which is barred by the Illinois constitution.<br />
The ruling was a win for the suburb <strong>of</strong><br />
Rosemont, which had hoped to be home for the<br />
defunct Emerald casino, which had begun relocating<br />
in Rosemont. The effect <strong>of</strong> the judge’s<br />
ruling, if any, is unclear, since the Illinois Gaming<br />
Board has ruled the company unfit to hold a<br />
license and is moving to put the license up for<br />
bids. Rosemont has filed suit to stop the bidding.<br />
GET THIS GUY’S STOCK PICKS<br />
Thank God there’s one financial planner out<br />
there who knows what he’s doing. Stephen Smith<br />
is a financial adviser in Ottawa, who in his spare<br />
time trains and grooms his own 2-horse stable.<br />
He advised his father, brother and a friend to<br />
join him and buy a $19,000 trotting colt two years<br />
ago, and yesterday the colt, Thechief<strong>of</strong>montana,<br />
won the $300,000 final <strong>of</strong> the Coupe de Eleveurs<br />
for 3-year-olds at Hippodrome de Montreal.<br />
That boosted his earnings to over $250,000. “The<br />
horse is an investment for me. I don’t do it just<br />
for my health,” Smith said following the victory.<br />
And all this time we thought that was the motivation<br />
<strong>of</strong> financial advisers recently. For their<br />
health, not necessarily that <strong>of</strong> their clients.<br />
HTA ART CATALOGS OUT<br />
The 20-page HTA art catalog for <strong>2002</strong> will be<br />
mailed to directors this week. It also is online<br />
at www.harnesstracks.com and 15,000 will<br />
be mailed as a pullout section in the September<br />
issue <strong>of</strong> Ho<strong>of</strong> Beats.
HARNESS TRACKS OF AMERICA<br />
Executive Newsletter<br />
A daily fax and e-mail report on racing and gaming developments in North <strong>America</strong> and beyond<br />
Stanley F. Bergstein, Editor<br />
WHICH EDITION DO YOU READ?<br />
What happens with the pending construction <strong>of</strong> an<br />
Indian casino in Niagara Falls, NY, is not an academic<br />
issue for HTA’s member Buffalo Raceway.<br />
If Buffalo CEO Dennis Lang and president Bill<br />
Richardson get confused reading their local newspaper,<br />
the Buffalo News, concerning what is or<br />
what is not happening with the Seneca Indians, it<br />
is understandable. The Seneca Nation signed a<br />
compact with New York governor George E.<br />
Pataki August 18, and declared its intention <strong>of</strong><br />
opening a casino in Niagara Falls by Jan. 1.<br />
Today’s City and Region section <strong>of</strong> the News says<br />
they could begin construction at the Niagara Falls<br />
Convention and Civic Center as early as Tuesday,<br />
provided they can take possession <strong>of</strong> the building<br />
by then. The compact provided for a takeover<br />
within 30 days. The city doesn’t know if it can get<br />
the building vacated by then, or if the Senecas have<br />
to complete any environmental reviews on the<br />
property before turning it into a casino. But that<br />
is only half <strong>of</strong> the story. In the same section <strong>of</strong><br />
today’s News, the paper’s Washington correspondent<br />
reports that a strongly anti-gambling western<br />
New York Congressman, Rep. John J. LaFalce,<br />
has written to Interior Secretary Gale Norton saying<br />
that a federal court decision this year renders<br />
them ineligible to build in Niagara Falls. LaFalce,<br />
a lawyer, contends that when U.S. Judge Richard<br />
J. Arcara ruled earlier this year that Niagara Falls<br />
is not part <strong>of</strong> the Senecas’ aboriginal land, it precluded<br />
them being approved for a casino by the<br />
Interior Department. The federal court ruling declared<br />
that “The Seneca Nation’s ancestral lands<br />
were located in the Genesee Valley, not in the<br />
Niagara region,” and LaFalce says that decision<br />
rules out the Senecas right to a Niagara Falls casino.<br />
“The arguments are so tenuous”, he says,<br />
“that Secretary Norton would jeopardize<br />
her credibility if she did that. A lawsuit<br />
would be filed immediately.”<br />
September 4, <strong>2002</strong><br />
OH, AND BY THE WAY.....<br />
In case Secretary Norton doesn’t agree with Congressman<br />
LaFalce and approves the Seneca casino,<br />
Niagara county has told Gov. George Pataki<br />
that it expects to be reimbursed for the 50 acres<br />
<strong>of</strong> downtown Niagara Falls that the compact gives<br />
to the Senecas. Not for the land, but for the taxes<br />
it will lose, since the properties currently there<br />
generate about $70,000 a year in property taxes,<br />
and the Senecas would be exempt from those<br />
taxes. A spokeswoman for Pataki says he would<br />
consider the request, but that the county will benefit<br />
far more from economic development related<br />
to the casino. Niagara county’s legislature chairman,<br />
Bradley E. Erck, sees it differently. “It’s<br />
kind <strong>of</strong> stupid,” he says, “that the city <strong>of</strong> Niagara<br />
Falls is going to reap millions, the state <strong>of</strong> New<br />
York tens <strong>of</strong> millions, the Senecas billions, and the<br />
county gets nothing.”<br />
INDIANS AHEAD IN AZ, TOO<br />
Voters in Arizona will be asked to choose this coming<br />
November whether they want to expand Indian<br />
gaming on 17 reservations and keep gambling<br />
there, or instead give gaming to the state’s race<br />
tracks. A poll <strong>of</strong> 602 registered voters by the Arizona<br />
Republic shows the Indian measure, proposition<br />
202, leading the track measure, proposition<br />
201, 35% to 10%, but 52% <strong>of</strong> those polled said<br />
they don’t know how they’ll vote.<br />
EXPERIENCED CFO AVAILABLE<br />
An experienced CFO/controller with major racetrack<br />
experience and credentials is available and<br />
looking to relocate. Contact HTA if you would like<br />
to see his resume.<br />
IZZO TO SOBA OF NJ<br />
Mike Izzo, executive director <strong>of</strong> <strong>Harness</strong> Horsemen<br />
International for 13 years, is leaving to become<br />
executive administrator <strong>of</strong> the Standardbred<br />
Breeders and Owners <strong>of</strong> New Jersey.
HARNESS TRACKS OF AMERICA<br />
Executive Newsletter<br />
A daily fax and e-mail report on racing and gaming developments in North <strong>America</strong> and beyond<br />
Stanley F. Bergstein, Editor<br />
OHIO CANDIDATE BACKS SLOTS<br />
Tim Hagan, the Democratic candidate for governor<br />
in Ohio, has endorsed electronic slots at the<br />
state’s racetracks. Hagan, who estimates he will<br />
inherit a $2.68 billion budget deficit if he is elected,<br />
says he thinks slots at tracks would raise $500<br />
million a year. “I cannot <strong>of</strong>fer a vision for this<br />
state’s future without dealing with the mess I will<br />
inherit from Bob Taft,” Hagan said, and added that<br />
he will not back a tax increase unless the state’s<br />
legislators refuse to support his budget plan, including<br />
track slots. Taft opposes the idea. Hagan<br />
currently is trailing Taft in polls by 8 percentage<br />
points. Hagan agrees that Ohio money is being<br />
bet elsewhere in slots, primarily in neighboring West<br />
Virginia and Indiana, and he says, “Anyone in this<br />
state who has any understanding <strong>of</strong> it knows what’s<br />
going on.”<br />
HERE COME THE BOYS AGAIN<br />
Congress is back, and so are Bob Goodlatte and<br />
Jim Leach and their buddies wanting to stifle<br />
Internet gambling. They apparently are joining<br />
forces, having drafted a letter to Majority leader<br />
Dick Armey saying they have a new mutually<br />
agreeable bill that “represents a carefully crafted,<br />
narrow approach to the problem.” House Financial<br />
Services chairman Michael Oxley <strong>of</strong> Ohio also<br />
signed the letter, which says their proposal “is<br />
simple. It would prohibit the use <strong>of</strong> a financial instrument<br />
-- a credit card, check or alternative payment<br />
system -- in unlawful Internet gambling transactions.<br />
It would require a determination by bank<br />
regulators or a court order that the transaction is<br />
unlawful and would prohibit the bank or credit card<br />
company from processing the transaction.” Perhaps<br />
the most ominous aspect <strong>of</strong> the letter is that<br />
it also was signed by Rep. Frank Wolf <strong>of</strong> Virginia,<br />
perhaps the most vocal -- and up<br />
until now the most futile -- opponent <strong>of</strong><br />
gambling in the U.S. Congress.<br />
September 5, <strong>2002</strong><br />
One influential Congressman, W. J. (Billy) Tauzin<br />
<strong>of</strong> Louisiana, called the new compromise “satisfying.”<br />
He said any bill can be improved, and he<br />
thinks the authors <strong>of</strong> the new measure “are moving<br />
in the right direction.” Should the bill pass the<br />
House, it still would face action in the Senate.<br />
COUNT TOTE MANAGERS IN<br />
The upcoming 10th annual International Simulcast<br />
Conference, jointly sponsored by TRA, HTA, and<br />
the <strong>America</strong>n Quarter Horse Race Track Association<br />
in conjunction with the <strong>America</strong>n Greyhound<br />
Track Operators Association, will feature<br />
special sessions for mutuel managers to discuss<br />
and devise solutions for tote-related issues. There<br />
will be two scheduled breakout sessions during the<br />
conference reserved for mutuel managers, and<br />
they also will be invited to discussions <strong>of</strong> the RCI<br />
Tote Standards Committee on Sunday, Sept. 22.<br />
The Conference itself starts Monday afternoon,<br />
Sept. 23 and ends Wednesday noon, the 25th. Account<br />
wagering, international betting, post time coordination,<br />
inter-departmental cooperation and<br />
communication, marketing to simulcast patrons<br />
through OTB outlets and the quality <strong>of</strong> telecasts<br />
also are on the Conference agenda. Registration<br />
deadline is Friday, Sept. 13, with the registration<br />
fee for HTA members $95, but the hotel group rate<br />
<strong>of</strong> $135, single or double, plus tax, at the Bal<br />
Harbour Sheraton in Bal Harbour, Florida, closes<br />
tomorrow. Visit www.tra-online.com or call Tony<br />
DeMarco at TRA, 410-392-9200, for further details<br />
on registration. The Bal Harbour Sheraton<br />
number for hotel reservations is 305-865-7511.<br />
FILION LIKED OHIO WELCOME<br />
Herve Filion, warmly welcomed at Northfield Park<br />
last weekend, returns to the track Saturday for 12<br />
more drives.
HARNESS TRACKS OF AMERICA<br />
Executive Newsletter<br />
A daily fax and e-mail report on racing and gaming developments in North <strong>America</strong> and beyond<br />
Stanley F. Bergstein, Editor<br />
STRONACH VISITS THE POST<br />
The number one newsmaker in <strong>America</strong>n racing<br />
showed up at the Washington Post yesterday for<br />
lunch with editors and writers, and Frank Stronach<br />
did not disappoint them. Racing writer Andy Beyer<br />
and news staffers Matthew Mosk and John<br />
Scheinman gave slightly different views <strong>of</strong><br />
Stronach’s visit, but both reported on his enthusiastic<br />
plans for Pimlico, which he says he will transform<br />
into a gleaming jewel <strong>of</strong> racing by 2005.<br />
Stronach said he will support both the Democratic<br />
and Republican candidates for governor <strong>of</strong> Maryland,<br />
one <strong>of</strong> whom, Democrat Kathleen Kennedy<br />
Townsend, opposes slots at tracks, and the other,<br />
Republican Robert Ehrlich, supports the idea.<br />
Stronach said, “We do not take political sides;<br />
we’re there to run a business.” He also repeated<br />
his view that “Slots are not the answer,” adding,<br />
“Would we take slots for now? Of course we would.<br />
But we have to be careful. We are not casino operators.”<br />
Discussing press skepticism at his plans<br />
as opposed to action to date, he recounted his success<br />
story as a 22-year-old immigrant in taking<br />
Magna International from a small machine shop<br />
in Toronto to a worldwide megacompany, and said<br />
no one in the world could say that he didn’t live up<br />
to his word, clearly implying he would with his racing<br />
empire as well. Concerning forlorn Pimlico,<br />
Stronach told the Post’s editors and writers, “We<br />
can’t easily fix what was neglected for 80 years.”<br />
But he said he would do it.<br />
While Stronach’s Post discussion concerned his<br />
Pimlico plans, neither Beyer nor the news side<br />
writers mentioned Stronach’s latest incursion, into<br />
Michigan, where not one but two Stronachs are<br />
planning tracks. Father Frank has unveiled plans<br />
for a huge $400 million supertrack at Romulus,<br />
near Detroit’s Metropolitan airport, and<br />
son Andy hopes to build a more modest<br />
undertaking near Lansing.<br />
September 6, <strong>2002</strong><br />
TIOGA AGAIN? ANOTHER TRY<br />
TrackPower, <strong>Inc</strong>., out <strong>of</strong> the news in recent months,<br />
returned yesterday with another press release, this<br />
one saying it had entered into a contract for the<br />
lease and option to purchase Tioga Downs, an<br />
abandoned quarter horse track near Binghamton,<br />
NY. TrackPower chairman and CEO John<br />
Simmonds said he plans a harness operation at<br />
the five-eighths mile track, which has been used<br />
for concerts and political gatherings since shuttering<br />
as a racetrack. Simmonds says he hopes to<br />
submit a license application to the New York State<br />
Racing and Wagering board immediately for a 2003<br />
license, and will undertake renovation <strong>of</strong> the property<br />
at once. He called Tioga’s demographics “excellent,”<br />
saying nearly half a million people lived<br />
within 30 miles in the tri-city area <strong>of</strong> Binghampton,<br />
Corning and Elmira, and that Syracuse, NY, and<br />
Scranton, PA, also are within his target area, which<br />
he said includes 2 million people within 100 miles.<br />
The track seats 3,100, has 14 barns and an auction<br />
facility, and can accommodate 600 horses.<br />
ON THE PROMOTIONAL FRONT<br />
Belmont Park, opening today, is starting an online<br />
contest asking fans to pick one horse to show each<br />
day <strong>of</strong> the 33-day meeting. It will cost $10 to play,<br />
with the money returned in prizes. Contestants<br />
will move to the next day’s program if they pick a<br />
successful show horse, and the ultimate winner will<br />
get 40% <strong>of</strong> the accumulated prize money, with the<br />
other 60% shared among the next nine finishers.<br />
In Las Vegas, meanwhile, Bally Gaming got initial<br />
approval for a slot machine called Cash for Life,<br />
which will link slots from a number <strong>of</strong> Nevada casinos<br />
and reward jackpot winners with $1,000 or<br />
more a week for the rest <strong>of</strong> their lives. A company<br />
spokesperson calls the idea “a life-changing<br />
event.”
HARNESS TRACKS OF AMERICA<br />
Executive Newsletter<br />
A daily fax and e-mail report on racing and gaming developments in North <strong>America</strong> and beyond<br />
Stanley F. Bergstein, Editor<br />
TENNIS PROS TO TEST FOR EPO<br />
The Association <strong>of</strong> Tennis Pr<strong>of</strong>essionals has voted<br />
to begin testing its players for erothropoiten -- EPO<br />
-- as soon as the World Anti-Doping Agency decides<br />
whether urine testing alone or urine and blood<br />
are preferable. The ATP board <strong>of</strong> three playing<br />
pr<strong>of</strong>essionals and three tournament representatives<br />
met during the U.S. Open last week and indicated<br />
they planned to approve the measure after<br />
some wording in the proposal was clarified. Some<br />
pros have been concerned about players who<br />
emerged from gruelling five-set matches fresh and<br />
invigorated, and the association has agreed to attempt<br />
to find out if EPO is involved.<br />
“DOWN A TRAIL TO FAILURE”<br />
Ogden Mills Phipps, chairman <strong>of</strong> the Jockey Club<br />
and a longtime foe <strong>of</strong> permissive medication, spoke<br />
out on the subject last Friday as he received the<br />
Thoroughbred Owners and Breeders Industry Service<br />
Award in Versailles, KY. Phipps said racing<br />
“is going down a trail that leads to failure” with its<br />
current liberal medication rules, and he called for<br />
a ban on Salix (Lasix) for 2-year-olds. The current<br />
use <strong>of</strong> the diuretic for 2-year-olds is a travesty<br />
and a scandal. Supposedly for bleeders, entire<br />
fields <strong>of</strong> the best juveniles in the sport have<br />
gone to the post in thoroughbred racing’s major<br />
test, the Breeders Cup, without protest or action<br />
from any <strong>of</strong> the sport’s major groups. <strong>Harness</strong><br />
racing’s Hambletonian Society has banned both<br />
Lasix and butazolidin in its premier race, the<br />
Hambletonian, by rule and edict. Phipps, talking<br />
about the fragmented nature <strong>of</strong> <strong>America</strong>n racing,<br />
said the various groups reminded him “<strong>of</strong> 12 male<br />
dogs meeting for the first time, all kicking dirt to<br />
establish their territory. Why can’t they understand<br />
that we can achieve more by working together<br />
than separately?” Nice idea, and<br />
it goes for all breeds working together, not<br />
just runners.<br />
September 9, <strong>2002</strong><br />
NTRA OFFERS 9/11 SERVICE<br />
On the subject <strong>of</strong> all-breed cooperation, the National<br />
Thoroughbred Racing Association, in conjunction<br />
with Del Mar Thoroughbred Club, is <strong>of</strong>fering<br />
a 9/11 memorial satellite feed this Wednesday<br />
afternoon from 4:10 to 4:20. The feed will<br />
include a flag ceremony, moment <strong>of</strong> silence, playing<br />
<strong>of</strong> the national anthem, and a video tribute to<br />
the World Trade Center disaster. Decodes are<br />
needed, and the NTRA is proposing that there be<br />
no racing or related activity during the 10-minute<br />
ceremony. Sportscaster Dick Enberg, fresh from<br />
the U.S. Open tennis tournament, will host the presentation.<br />
For further information contact Keith<br />
Chamblin at kchamblin@ntra.com or the NTRA<br />
at 859-245-6872, fax 859-245-6868, or NTRA<br />
Communications at 212-907-9280, fax 212-907-<br />
9281.<br />
ANOTHER SIDE OF THE COIN<br />
There has been a rush <strong>of</strong> USTA bashing in the<br />
wake <strong>of</strong> a frenzied debate on how many foals to<br />
allow to be registered in a year from embryo transplants.<br />
The arguments have largely been onesided,<br />
and a rebuttal now has been issued by attorney<br />
Joe Faraldo, vice chairman <strong>of</strong> the USTA<br />
board, joined by president Corwin Nixon and chairman<br />
Tony Abbatiello. At the heart <strong>of</strong> the problem<br />
is a lawsuit that was brought against the <strong>America</strong>n<br />
Quarter Horse Association, which was settled for<br />
half a million dollars. Faraldo’s long response outlines<br />
the legal position, and the likelihood <strong>of</strong> a<br />
USTA loss in litigation. It is discussed in this<br />
week’s HTA Track Topics.<br />
In that regard, Track Topics henceforth will be<br />
available only in the Members section <strong>of</strong> our HTA<br />
Web site, www. harness-tracks.com or by e-mail<br />
to the HTA executive list, as usual. If track personnel<br />
do not have, or have misplaced, their<br />
member’s username or password, contact<br />
Sable Downs at HTA.
HARNESS TRACKS OF AMERICA<br />
Executive Newsletter<br />
A daily fax and e-mail report on racing and gaming developments in North <strong>America</strong> and beyond<br />
Stanley F. Bergstein, Editor<br />
MINOR LEAGUES IN MAJOR SITE<br />
Take me out to the ball game.....at the Meadowlands.<br />
That’s the cry <strong>of</strong> political leaders in northern<br />
New Jersey, who want to bring minor league<br />
baseball -- and not automobile racing -- to the<br />
Meadowlands Sports Complex. The nice thing<br />
about it is that both the Republican incumbent as<br />
Bergen County executive, William (Pat) Schuber,<br />
and this year’s Democratic candidates for the post,<br />
think it’s a good idea. One, Dennis McNerney,<br />
announced he was in favor <strong>of</strong> it, and no sooner had<br />
done so when Schuber said he had been working<br />
on the deal for the last several weeks with a central<br />
New Jersey automobile dealer who is gung ho<br />
to go. More important by far, the Sports and Exposition<br />
Authority boss, George Z<strong>of</strong>finger, reportedly<br />
thinks it is “a great idea” and says he is excited<br />
by the prospect. State senator Henry<br />
McNamara, who is running against McNerney this<br />
fall, had the politician’s perfect answer to the proposal:<br />
“I’m not against it as long as we’re not<br />
paying for it.” McNerney had a few words about<br />
NASCAR at the Meadowlands, too. “The last<br />
thing Bergen County needs is a NASCAR racetrack<br />
with all the traffic, noise and pollution that<br />
comes with it. NASCAR does not work for the<br />
citizens <strong>of</strong> Bergen County.”<br />
BAD NEWS FOR BUFFALO<br />
Mickey Brown, the casino planner who was responsible<br />
for the development <strong>of</strong> Foxwoods in<br />
Connecticut and now is working with the Seneca<br />
Indian Nation, says construction will start next<br />
Monday on a $100 million gambling casino at the<br />
Niagara Falls, NY, convention center, just a month<br />
after Gov. George Pataki signed a compact that<br />
allows the Senecas to build there and in Buffalo.<br />
Brown says plans call for 2,600 slot machines and<br />
80 gaming tables, accommodating some<br />
4,000 gamblers. He hopes to be operating<br />
by New Year’s Eve.<br />
September 10, <strong>2002</strong><br />
NOT IN NEBRASKA, YOU DON’T<br />
Proponents <strong>of</strong> slots at bars and restaurants across<br />
Nebraska were looking forward to a November<br />
referendum, thinking they had enough strength to<br />
get the matter passed. Until yesterday, when a<br />
county judge issued a 20-page injunction prohibiting<br />
the secretary <strong>of</strong> state from putting the question<br />
on the Nov. 5 ballot. The head <strong>of</strong> the Nebraska<br />
Cooperative Government Commission that<br />
had organized a successful petition drive called the<br />
decision “a blow to the people <strong>of</strong> this state, trying<br />
to take away their right to vote on this.” John<br />
Gale, Nebraska’s secretary <strong>of</strong> state, said he would<br />
take the matter to a higher court, but that the time<br />
frame was so short he couldn’t see a ruling in time<br />
to get the matter back on the ballot. He did not<br />
rule it out, however, saying, “This has been an<br />
unusual case, one that has taken a lot <strong>of</strong> twists<br />
and turns.”<br />
SPEAKING OF TWISTS & TURNS<br />
An interesting case has surfaced in Evansville,<br />
Indiana, where a gambler is suing Aztar corporation,<br />
operator <strong>of</strong> the Tropicana in that city. Gamblers<br />
sue gaming operators frequently, but this one<br />
is unique. Aztar previously had barred him from<br />
its riverboat, then lured him back, according to the<br />
plaintiff, who says he became addicted and lost<br />
everything he had. Aztar has filed for summary<br />
judgment, but the Rev. Tom Grey, always looking<br />
for cannon fodder, says the case is the kind <strong>of</strong><br />
“black eye” that some governors and attorneys<br />
general are likely to jump on in an election year.<br />
You can be sure the good reverend will make certain<br />
they know <strong>of</strong> it, chapter and verse.<br />
BANKRUPTCY FOR EMERALD<br />
A federal judge in Chicago has ordered the Emerald<br />
Casino to file for bankruptcy today. The town<br />
<strong>of</strong> Rosemont thinks it gives them more time to<br />
fight for the casino many think they have<br />
lost.
HARNESS TRACKS OF AMERICA<br />
Executive Newsletter<br />
A daily fax and e-mail report on racing and gaming developments in North <strong>America</strong> and beyond<br />
Stanley F. Bergstein, Editor<br />
INDY DOWNS LOSES A ROUND<br />
A Superior Court judge in Indianapolis has dismissed<br />
a lawsuit by Indianapolis Downs, which<br />
sought to block disciplinary proceedings currently<br />
before an administrative law judge and bar Indiana<br />
racing commission executive director, Joe<br />
Gorajec, from taking any further action in the<br />
matter. The track said Gorajec had overstepped<br />
his legal authority by appointing the administrative<br />
law judge and subpoenaing track phone<br />
records, but Judge Moberly dismissed the suit for<br />
lack <strong>of</strong> jurisdiction. She said the track had to exhaust<br />
all administrative remedies before going to<br />
court. A commission attorney said the decision<br />
means that the commission is the proper forum to<br />
address the issues. Indianapolis Downs’ attorney<br />
Robert Hammerle said the track would appeal the<br />
decision.<br />
JOINT MODEL RULES CLOSER<br />
The recent approval by the board <strong>of</strong> the Association<br />
<strong>of</strong> Racing Commissioners International to<br />
move forward jointly with the North <strong>America</strong>n Pari-<br />
Mutuel Regulators Association on packaging a<br />
first-ever set <strong>of</strong> model pari-mutuel racing and wagering<br />
rules is good news for the sport. The effort<br />
to assemble one set <strong>of</strong> rules has one more hurdle<br />
to clear, when NAPRA’s board addresses the issue<br />
at its upcoming board meeting September 29<br />
in Las Vegas.<br />
KEENELAND SALES SLIDE<br />
Yearling prices at the huge Keeneland September<br />
sale fell for the second day yesterday. After declining<br />
33% from last year’s opening day on Monday,<br />
yesterday’s second session produced another<br />
34% drop. Yesterday’s average price was down<br />
28.5%, the median was down 5.4%, but<br />
30% <strong>of</strong> the horses <strong>of</strong>fered did not sell. The<br />
sales director said, “We had 10 glorious<br />
years....This is just an era <strong>of</strong> readjustment.”<br />
September 11, <strong>2002</strong><br />
GEORGE WOULDN’T DO THAT<br />
The outgoing governor <strong>of</strong> Illinois, George Ryan,<br />
got a little testy with reporters this week when it<br />
was suggested he had replaced a former federal<br />
prosecutor on the Illinois Gaming Board with<br />
Mayor Daley’s chief fundraiser in the black community<br />
in order to keep the disputed Emerald Casino<br />
riverboat casino license in suburban<br />
Rosemont. Gregory Jones, the ousted commissioner,<br />
was regarded as the chief opponent <strong>of</strong> the<br />
Emerald/Rosemont arrangement. His replacement,<br />
developer Elzie Higginbottom, has been<br />
close to city hall in Chicago for nine years. When<br />
a reporter asked Ryan if he had named her as a<br />
“final favor” to Rosemont mayor Donald Stephens,<br />
Ryan replied brusquely, “Oh, get out <strong>of</strong> here...I<br />
have never interfered with the board and what their<br />
liberations were on that. I’ve stayed away.<br />
Nobody’s ramming anything through anyplace. If<br />
it goes to Rosemont, it goes there. But it won’t be<br />
because I’ve packed the board. I don’t care where<br />
it goes. It can come to your home as far as I’m<br />
concerned.”<br />
GOOD MONTH FOR YOUBET.COM<br />
The month <strong>of</strong> August was the best ever for<br />
Youbet.com, the California online racing company.<br />
Youbet handled a record $16.7 million, and its<br />
ExpressCash deposits, with no fees to the customer,<br />
exceeded credit card deposits for the first<br />
time. CEO David Marshall said membership increased<br />
with handle.<br />
BRIDGEBUILDING HO<br />
Stanley Ho, who has become one <strong>of</strong> the world’s<br />
richest men as boss <strong>of</strong> gambling on Macau, now<br />
says he will build a bridge between Hong Kong<br />
and mainland China to protect his business. He<br />
says he will pay the cost himself -- $15 billion<br />
Hong Kong dollars. Of course that’s only<br />
$1.9 billion U.S., but a bridge is a bridge,<br />
especially when you need one.
HARNESS TRACKS OF AMERICA<br />
Executive Newsletter<br />
A daily fax and e-mail report on racing and gaming developments in North <strong>America</strong> and beyond<br />
Stanley F. Bergstein, Editor<br />
50-50, AND NO ONE IS HAPPY<br />
The Indiana Horse Racing Commission put on<br />
Solomonic robes yesterday, and decided to divide<br />
the baby in half for 2003. The baby in this case is<br />
the $11.2 million subsidy that Indiana tracks receive<br />
from riverboat casino admissions, and the<br />
commission -- facing two tracks for the first time -<br />
- voted 3-2 to divide the money equally between<br />
established Hoosier Park and newcomer Indianapolis<br />
Downs, scheduled to open in December.<br />
The determination was for the 2003 season only.<br />
After that, the subsidy dollars will be prorated<br />
based on handle at the two tracks. Yesterday’s<br />
decision left no one happy.<br />
Rick Moore, president and general manager <strong>of</strong><br />
Hoosier, said the 50-50 split would cost Hoosier<br />
some $5 million in revenue next year. “I’m very<br />
disappointed,” Moore said.. “Everyone seems to<br />
embrace the spirit <strong>of</strong> competition until it comes to<br />
Indianapolis Downs, and then they want to protect<br />
them.” Moore said that without a handle-based<br />
system, the incentive is not there to provide the<br />
best product.<br />
Indianapolis Downs wasn’t satisfied either. Their<br />
attorney said the track favors competition, but that<br />
the commission has prohibited them from opening<br />
an OTB in Marion county, which includes Indianapolis,<br />
until they race thoroughbreds and the legislature<br />
approves some form <strong>of</strong> alternative gaming<br />
at tracks. “Without an OTB in Indianapolis,”<br />
track attorney Doug Brown said, “how can we compete<br />
with Hoosier Park?” Hoosier does have an<br />
Indianapolis OTB location. Another Indianapolis<br />
Downs attorney, Mary Schmid, said the track<br />
wanted the commission to take into account that it<br />
was a start-up operation that needed the subsidy.<br />
Among horsemen at the hearing, harness<br />
representatives favored the 50-50 allocation,<br />
thoroughbred horsemen the handle<br />
formula.<br />
September 12, <strong>2002</strong><br />
PA, KY, EDGE CLOSER TO SLOTS<br />
If bets are to be laid on who is next on the slots<br />
parade, try Pennsylvania and Kentucky. In<br />
Pennsylvania, where both candidates for governor<br />
have indicated favoring slots at tracks, the<br />
public has added its voice. In a poll conducted<br />
for Opinion Research for IssuesPA, a project <strong>of</strong><br />
the Pennsylvania Economy League, interviewers<br />
from the Millersville University Center for Opinion<br />
Research spoke to 833 randomly selected<br />
Pennsylvanians by phone between Aug. 2 and<br />
Sept. 8, and 63% said they support the idea <strong>of</strong><br />
slot machines at the state’s racetracks. The Pennsylvania<br />
State Horse Racing Commission, meanwhile,<br />
will consider a new track license at is meeting<br />
a week from today. The MTR Gaming<br />
Group, parent <strong>of</strong> Mountaineer Park in West Virginia,<br />
has 135 acres <strong>of</strong> land in Erie in far northwestern<br />
Pennsylvania and wants to build a track<br />
called Presque Isle Downs there. MTR says it<br />
will build a state-<strong>of</strong>-the-art facility with dirt and<br />
turf courses and entertainment areas. It did not<br />
mention slots, but they have turned Mountaineer<br />
into a highly successful operation and presumably<br />
MTR <strong>of</strong>ficials read polls and political<br />
winds in the Keystone state as well as Pennsylvanians.<br />
In Kentucky, Gov. Paul Patton, anticipating a<br />
revenue shortfall, told reporters, “If that is the<br />
case, there are two choices: cut expenditures or<br />
raise revenue. If raising revenue, there may very<br />
well be two choices: one would be to increase<br />
taxes, the other would be expanded gambling.<br />
Of those two, I think that expanded gambling<br />
would be preferable.”<br />
SLIDE CONTINUES IN KY<br />
The Keeneland September yearling sale continued<br />
its decline Wednesday, with gross down<br />
by 27%, close to the three-day drop <strong>of</strong><br />
26.4%.
HARNESS TRACKS OF AMERICA<br />
Executive Newsletter<br />
A daily fax and e-mail report on racing and gaming developments in North <strong>America</strong> and beyond<br />
Stanley F. Bergstein, Editor<br />
LAME DUCK SQUAWKS LOUD<br />
George Ryan is leaving the governor’s <strong>of</strong>fice in<br />
Illinois this year, but he is making sure his pals<br />
are taken care <strong>of</strong> before that time. Earlier this<br />
summer he named Dennis Bookshester, who has<br />
no previous racing experience <strong>of</strong> any kind, as the<br />
new chairman <strong>of</strong> the Illinois Racing Board, demoting<br />
the senior member <strong>of</strong> that board, Ralph<br />
Gonzalez, who had 18 years <strong>of</strong> service. Then he<br />
did not reappoint James Kane, who had chaired<br />
former governor Jim Edgar’s Task Force on Racing.<br />
After that, he picked Walter Dudycz, a state<br />
senator and former cop without any racing experience,<br />
to run the board on a day-to-day basis as<br />
executive director. Yesterday he continued the<br />
purge, canning the well-regarded Lorna Propes, a<br />
member <strong>of</strong> the board for 13 years, whom he had<br />
reappointed in June, and replacing her with his<br />
downstate deputy chief <strong>of</strong> staff, Robert Winchester.<br />
Now, firmly politicized, the board will tackle<br />
the tricky and complex issue <strong>of</strong> allocating Illinois<br />
racing dates for 2003.<br />
NO RESPITE IN INDIANA<br />
You may have thought the Superior court dismissal<br />
<strong>of</strong> Indianapolis Downs’ suit to disqualify racing<br />
commission executive director Joe Gorajec ended<br />
that matter, but you were wrong. Another suit was<br />
filed by the track yesterday, seeking the same remedy,<br />
contending an administrative law judge was<br />
“a secret appointment” and since his appointment<br />
was illegal, the work that he did was immaterial.<br />
The Indianapolis Downs lawyer, Robert<br />
Hammerle, says the Indiana Open Door Law requires<br />
public notification and a hearing when such<br />
appointments are made. Robin Babbitt, an attorney<br />
for the racing commission, said that the attorney<br />
general’s public access counselor had already<br />
heard the complaint and dismissed it, and<br />
that unless something was different, the<br />
A-G’s <strong>of</strong>fice already said the suit had no<br />
merit.<br />
September 13, <strong>2002</strong><br />
FIRST BIG M PROPOSAL<br />
The deadline for proposals for development <strong>of</strong> new<br />
venues at the New Jersey Sports and Exposition<br />
Authority isn’t until Tuesday, but the giant Virginiabased<br />
mall developer Mills already has pitched in<br />
with a joint venture deal. Mills has joined with<br />
Mack-Cali Realty <strong>of</strong> Cranford, NJ, proposing to<br />
give the state a 600-acre track it owns in nearby<br />
Carlstadt in return for developing the Continental<br />
Airlines Arena site if plans for a new arena in downtown<br />
Newark go forward. Mills has been trying to<br />
develop the Carlstadt site for 13 years, over local<br />
opposition. Donald Trump is expected to be one<br />
<strong>of</strong> the candidates for development by the Tuesday<br />
deadline, and Hartz Mountain Industries, based<br />
in nearby Secaucus, said yesterday that it has a<br />
“work in progress” that will be introduced by the<br />
deadline. NJSEA boss George Z<strong>of</strong>finger said the<br />
interest shown confirms his view that the Meadowlands<br />
site can be “an economic engine for<br />
Bergen county.” An eight-person panel <strong>of</strong> authority<br />
board members and employees will screen the<br />
applications and a winner hopefully will be announced<br />
by the end <strong>of</strong> the year.<br />
MUSICAL CHAIRS AT YOUBET<br />
There is a new CEO at Youbet.com. Again. Charles<br />
Champion, a former newspaper executive who<br />
joined the company last April as COO, now is the<br />
chief executive <strong>of</strong>ficer, succeeding David<br />
Marshall, the co-founder <strong>of</strong> the company who will<br />
remain a member <strong>of</strong> the executive committee.<br />
Marshall replaced Robert Fell in the CEO’s chair<br />
last March when he came up with $750,000 in financing.<br />
MGM NOW BLOOD BROTHER<br />
MGM Mirage has signed an agreement to help<br />
the Agua Caliente Band <strong>of</strong> Cahuilla Indians<br />
build a casino in downtown Palm Springs,<br />
California.
HARNESS TRACKS OF AMERICA<br />
Executive Newsletter<br />
A daily fax and e-mail report on racing and gaming developments in North <strong>America</strong> and beyond<br />
Stanley F. Bergstein, Editor<br />
HERE ARE HTA SCHOLARS<br />
Six outstanding students, all from harness racing<br />
families, have been awarded <strong>Harness</strong> <strong>Tracks</strong> <strong>of</strong><br />
<strong>America</strong>’s $7,500 scholarships for the <strong>2002</strong>-3<br />
school year.<br />
Judging was done by HTA’s 12-man Scholarship<br />
Committee chaired by W. E. (Hap) Hansen <strong>of</strong> Dover<br />
Downs. The winners are:<br />
ANN MARISA KROKEN, 26, <strong>of</strong> Lisbon Falls,<br />
Maine, a straight “A” Dean’s List student at the<br />
University <strong>of</strong> Pennsylvania School <strong>of</strong> Veterinary<br />
Medicine. Ms. Kroken’s mother, Donna, is an<br />
administrative assistant with the Masonite corporation.<br />
Her father, Bill Whitcher, who died in April<br />
<strong>of</strong> 2001, was a small breeder in Maine who raised<br />
Ann Marisa “to love harness racing as a passion,<br />
not just for the pr<strong>of</strong>it.” She inherited two horses<br />
at her father’s death and has raced them in Maine.<br />
A graduate <strong>of</strong> Dartmouth College, Ms. Kroken<br />
plans to specialize in the diagnosis and treatment<br />
<strong>of</strong> equine lameness.<br />
GRANT DOUGLASS LANTERMAN, 21, <strong>of</strong><br />
Morrisville, NY, studying computer science at<br />
Union College in Schenectady, NY. Mr.<br />
Lanterman’s mother, Teresa Lanterman, is a community<br />
educator in the Cornell Cooperative Extension<br />
<strong>of</strong> Madison, county, NY. His father, Larry<br />
Lanterman, was in charge <strong>of</strong> the SUNY Morrisville<br />
Equine Racing Program until his death in 1999.<br />
Grant may teach or use his scientific background<br />
following graduation.<br />
MATTHEW MICHAEL McCANN, 18, <strong>of</strong> Garden<br />
City, Michigan, a freshman at Eastern Michigan<br />
university, comes from a family deep in harness<br />
racing. His father, James, and mother<br />
Patricia operate a small stable, and his aunt<br />
and uncle, Joanne and Thom Young, work<br />
at the <strong>Harness</strong> Racing Museum and Hall<br />
<strong>of</strong> Fame in Goshen, NY. His cousin, M. Kelly<br />
Young, works for Horseman and Fair World.<br />
September 16, <strong>2002</strong><br />
An uncle, Jerry Sowash, and another aunt and<br />
uncle, Jeanne and Robert Black, are Indiana harness<br />
racing veterans. An exceptional student,<br />
Matthew won excellence awards in Japanese ,<br />
calculus and chemistry at Garden City high school,<br />
and is majoring in elementary education, with a<br />
minor in Japanese.<br />
JESSICA ANN SCHROEDER, 18, <strong>of</strong> Waukesha,<br />
Wisconsin, a freshman majoring in agricultural<br />
journalism at the University <strong>of</strong> Wisconsin. Her<br />
mother, Susan Schroeder, is a horse trainer who<br />
has worked extensively with the <strong>Harness</strong> Horse<br />
Youth Foundation in presentation <strong>of</strong> the annual<br />
<strong>Harness</strong> Racing Youth League camps, and her father<br />
Richard is a pr<strong>of</strong>essional over-the-road truck<br />
driver. She is from a three-generation harness<br />
family – her grandfather John Schroeder is a western<br />
New York horseman - and Jessica hopes to<br />
promote the sport through her writing.<br />
AMY BETH TODD, 22, <strong>of</strong> Lebanon, PA, graduated<br />
from Penn State in May, <strong>2002</strong>, and now is<br />
studying veterinary medicine at Cornell university.<br />
Her stepfather, Arthur Giambrone, is a well-known<br />
trainer, and her mother Mona also owns and cares<br />
for the family horses. Amy – a two-time HTA scholarship<br />
winner – has been working with harness<br />
horses since she was 10.<br />
GABRIEL JOSEPH WAND, 21, <strong>of</strong> Shullsburg,<br />
Wisconsin, a junior at the University <strong>of</strong> Wisconsin<br />
- Platteville, is majoring in business management<br />
and human resources. His father, Robert Wand,<br />
has been an owner-trainer for more than 35 years,<br />
and his mother Mary Lou is a restaurant manager.<br />
Gabriel has a distinguished list <strong>of</strong> scholastic accomplishments,<br />
and at 19 became the youngest<br />
person ever elected to the Wisconsin <strong>Harness</strong><br />
Horse Association board <strong>of</strong> directors. He is editor<br />
<strong>of</strong> Wisconsin <strong>Harness</strong> News, writes a column<br />
for the Illinois Standardbred and Mid-<br />
<strong>America</strong> <strong>Harness</strong> News and worked at the<br />
Youth League Camp at Hoosier Park.
HARNESS TRACKS OF AMERICA<br />
Paul J. Estok, Editor<br />
ROSECROFT HORSEMEN T0 MEET<br />
<strong>Harness</strong> horsemen have been called to a meeting<br />
Wednesday at Rosecr<strong>of</strong>t Raceway to consider bids<br />
from potential buyers for the Prince George’s<br />
County racetrack, according to a report published<br />
in the Baltimore Sun. The Cloverleaf Standardbred<br />
Owners Association (CSOA), which owns the<br />
track, has called its members -- who include trainers,<br />
breeders and horse owners -- to a meeting at<br />
1 p.m. tomorrow “to review and comment on the<br />
possible sale <strong>of</strong> Rosecr<strong>of</strong>t Raceway,” according<br />
to a notice circulated to CSOA members. The<br />
meeting notice says that Rosecr<strong>of</strong>t’s CEO Tom<br />
Chuckas and potential buyers “will make a presentation,<br />
explain the components <strong>of</strong> the sale and<br />
answer questions from the general membership.”<br />
The notice specifically notes, however, that the<br />
meeting is solely informational. A similar meeting<br />
was held in August. At that meeting, the CSOA<br />
discussed <strong>of</strong>fers from two entities, Greenwood<br />
Racing, the parent company <strong>of</strong> Philadelphia Park,<br />
and Centaur Racing, Churchill Downs’ partner in<br />
Hoosier Park in Indiana.<br />
MONTICELLO FOR SALE???<br />
Reports indicate the once-mighty Monticello<br />
Raceway in Sullivan County outside New York City<br />
is for sale. “We are in the process <strong>of</strong> hiring an<br />
investment banker to sell the entire raceway for<br />
the best possible price,” said Joe Bernstein <strong>of</strong><br />
Catskill Development, which owns the track.<br />
CIBC, a New York investment firm, visited the harness<br />
track last week “to look around,” said one <strong>of</strong><br />
its <strong>of</strong>ficials as he walked the Monticello plant.<br />
Bernstein wouldn’t say how much Catskill wants,<br />
only that there will soon be a “sealed bidding process.”<br />
Track President Cliff Ehrlich confirmed a<br />
sale was a possibility, and that the track<br />
had already received “lots <strong>of</strong> interest”<br />
from developers, another track, Indian<br />
tribes and Las Vegas gambling companies.<br />
Executive Newsletter<br />
A daily fax and e-mail report on racing and gaming developments in North <strong>America</strong> and beyond<br />
September 17, <strong>2002</strong><br />
“But I don’t want to limit ourselves to a sale,”<br />
Ehrlich said. “We’re looking at all options to maximize<br />
the value <strong>of</strong> our property, from a joint venture<br />
to a sale.” Still, the track is on the block.<br />
CONN. SEEKS BAN ON CASINOS<br />
The State <strong>of</strong> Connecticut realized $369 million in<br />
tax revenue from casino gambling last year, but<br />
the message from the state’s most powerful elected<br />
<strong>of</strong>ficials has suddenly changed; as far as casino<br />
gaming in Connecticut is concerned, <strong>of</strong>ficials are<br />
now saying that enough is enough. The state’s<br />
governor and two United States senators took a<br />
definitive stand, opposing any more casinos in the<br />
state. Last week, Sen. Christopher Dodd and Sen.<br />
Joseph Lieberman, both Democrats, proposed<br />
federal legislation to impose a one-year<br />
moratorium on the federal Bureau <strong>of</strong> Indian<br />
Affairs’ process for <strong>of</strong>ficial recognition <strong>of</strong> Indian<br />
tribes. On Thursday last week, Connecticut Gov.<br />
John Rowland said that he supported the<br />
moratorium and that any more casinos would<br />
adversely affect many Connecticut residents. “The<br />
governor just doesn’t think we need any more<br />
gambling in Connecticut,” Rowland spokesman<br />
Chris Cooper said. “It’s really become a quality<br />
<strong>of</strong> life issue.” The two Indian casinos currently in<br />
operation, Foxwoods, owned by the Mashantucket<br />
Pequots, and the Mohegan Sun, have paid $2.2<br />
billion in state taxes since their compacts became<br />
effective. No other industry in Connecticut,<br />
including insurance and defense contracting, pays<br />
more taxes. The federal Bureau <strong>of</strong> Indian Affairs<br />
currently has more than 200 applications for<br />
recognition from Indian tribes in 37 states, including<br />
nine in Connecticut. Many municipal leaders in<br />
Connecticut near land that could become federal<br />
Indian reservation support a moratorium on the<br />
recognition process, which they see as<br />
tantamount to a federal casino-licensing<br />
program.
HARNESS TRACKS OF AMERICA<br />
Executive Newsletter<br />
A daily fax and e-mail report on racing and gaming developments in North <strong>America</strong> and beyond<br />
Paul Joseph Estok, Editor<br />
ONTARIO ACTS ON ROBINSON<br />
Bill Robinson, the leading money-winning trainer<br />
in Canada this year, has been fined Cdn$50,000<br />
and suspended 10 months by the Ontario Racing<br />
Commission (ORC). The ruling came down last<br />
week following a rehearing by the racing commission<br />
on a February 2000 incident at Woodbine<br />
Racetrack. At that time, Robinson was held responsible<br />
for the horse Artistic racing on and testing<br />
positive for the prohibited substance<br />
Propanolamine, a Class III drug. Following a hearing<br />
the ORC imposed a full suspension <strong>of</strong> two years<br />
and a fine <strong>of</strong> $25,000. Robinson had the issue <strong>of</strong><br />
the penalty judicially reviewed by the courts, which<br />
subsequently quashed the penalty. The matter was<br />
remitted to the ORC for a rehearing on the issue<br />
<strong>of</strong> the penalty. The ORC, upon rehearing, ruled<br />
that they had “exercised our discretion and considered<br />
Robinson’s overall record <strong>of</strong> drug <strong>of</strong>fenses.<br />
Having regard to all <strong>of</strong> the circumstances, we have<br />
concluded that the public interest is duly served in<br />
this case by a penalty <strong>of</strong> a 10 months full suspension<br />
and a fine <strong>of</strong> Cdn$50,000. In serving his suspension,<br />
Robinson will be credited with the time<br />
already served.” Counsel for the parties will meet<br />
to determine when the suspension will begin.<br />
NY COURT TO HEAR CASINO SUIT<br />
A New York judge on Tuesday ordered the state to<br />
explain why he shouldn’t stop it from transferring<br />
the Niagara Falls Convention Center to the Seneca<br />
Indian Nation for use as a casino. At the same<br />
time, State Supreme Court Judge Joseph Teresi<br />
refused to block the transfer. The hearing on the<br />
matter is scheduled for Oct. 4. The latest ruling<br />
comes in the battle between gambling foes and the<br />
state’s Indian tribes. Suzanne Morris, New<br />
York Gov. George Pataki’s spokeswoman<br />
on gaming issues, said Pataki is confident<br />
state lawyers will convince Teresi not to block<br />
the project.<br />
September 18, <strong>2002</strong><br />
ISLE TO BUY TWO NEV. CASINOS<br />
Isle <strong>of</strong> Capri Casinos, owner <strong>of</strong> HTA member<br />
Pompano Park, announced plans Monday to buy<br />
two bankrupt Nevada casinos for $30 million in<br />
cash. The State Line Silver Smith Casino Resorts,<br />
family owned resorts in Wendover, Nev., on the<br />
Utah-Nevada border, have 750 hotel rooms, 1,600<br />
slot machines and a sports book. Wendover is<br />
about 120 miles west <strong>of</strong> Salt Lake City, putting<br />
the property in line with Isle’s niche <strong>of</strong> operating<br />
regional casinos outside <strong>of</strong> Las Vegas and Atlantic<br />
City. The casinos are owned by the descendants<br />
<strong>of</strong> William Smith, who opened the State Line in<br />
1933, two years after gambling was legalized in<br />
Nevada. State Line Silver Smith completed a $50<br />
million renovation in 1998, which doubled the size<br />
<strong>of</strong> the facility. The cost <strong>of</strong> the renovations, coupled<br />
with the post-Sept. 11 decline in business, forced<br />
the casinos to file for Chapter 11 bankruptcy<br />
protection in January. If approved, the State Line<br />
Silver Smith would keep Isle <strong>of</strong> Capri operating in<br />
Nevada. In July, the company announced plans to<br />
sell the Lady Luck Casino Hotel in downtown Las<br />
Vegas.<br />
MOUTHWASH IN KENTUCKY?<br />
The Louisville Courier-Journal reports that the<br />
Kentucky Racing Commission has begun investigating<br />
the appropriateness <strong>of</strong> the use <strong>of</strong> herbal<br />
mouthwashes on horses within four hours <strong>of</strong> a race.<br />
The investigation was sparked by a recent incident<br />
at Turfway Park in which a horse in a stakes<br />
race was scratched after a groom gave the horse<br />
a squirt <strong>of</strong> a substance used to clear out the horse’s<br />
mouth and throat two hours before a race. Dr.<br />
Rick Sams <strong>of</strong> Ohio State, who along with Dr. Tom<br />
Tobin <strong>of</strong> Kentucky has been asked to come up with<br />
a recommendation for the racing commission, said<br />
that as long as the mouthwash includes no<br />
banned substances, the practice is permitted<br />
in Ohio. He knew <strong>of</strong> no state that bans<br />
the practice.
HARNESS TRACKS OF AMERICA<br />
Executive Newsletter<br />
A daily fax and e-mail report on racing and gaming developments in North <strong>America</strong> and beyond<br />
Paul Joseph Estok, Editor<br />
CLOVERLEAF VOTES TO SELL<br />
The board <strong>of</strong> directors <strong>of</strong> the Cloverleaf Standardbred<br />
Owners Association (CSOA), owner <strong>of</strong> HTA<br />
member Rosecr<strong>of</strong>t Raceway, voted yesterday to<br />
sell the Maryland racetrack after listening to presentations<br />
from three prospective buyers. The<br />
only question remaining is which <strong>of</strong> the three suitors<br />
will get to buy the track. On that issue, the<br />
board gave itself until Oct. 17 to decide among the<br />
three potential buyers -- or anyone else who steps<br />
forward with the highest bid, Tom Chuckas,<br />
Rosecr<strong>of</strong>t’s COO told the Baltimore Sun.<br />
Chuckas said the three current bids belong to<br />
Magna Entertainment Corp., which recently signed<br />
a deal to buy a majority interest in the Maryland<br />
Jockey Club properties, Centaur Racing, Churchill<br />
Downs’ partner in Hoosier Park, and Greenwood<br />
Racing, the parent company <strong>of</strong> Philadelphia Park.<br />
Chuckas reported that the <strong>of</strong>fers for the Prince<br />
George’s County racetrack varied greatly, with<br />
Centaur <strong>of</strong>fering $47 million, Greenwood $49 million<br />
and Magna $68 million. Jim McAlpine, Magna<br />
Entertainment president, made the presentation<br />
to the CSOA board. Chuckas said that CSOA<br />
members seemed to agree that new owners with<br />
money and political clout would benefit Rosecr<strong>of</strong>t<br />
and Maryland’s racing industry in general.<br />
’NET GAMING BILL “UNLIKELY”<br />
The effort to set a vote this month in the U.S. House<br />
<strong>of</strong> Representatives on an Internet gambling ban<br />
appears to have failed, and Congress is likely to<br />
adjourn this year without passing any restrictions<br />
on wagering online, sources told the Las Vegas<br />
Review Journal yesterday. Rep. Jim Leach was<br />
optimistic that a vote would be called after he met<br />
last week with Rep. Mike Oxley, the<br />
chairman <strong>of</strong> the House Financial Services<br />
Committee, and Rep. Bob Goodlatte in<br />
an <strong>of</strong>fice provided by House Majority<br />
Leader Dick Armey. But Armey spokesman<br />
September 19, <strong>2002</strong><br />
Richard Diamond said Wednesday a vote will not<br />
occur this month, and the House is scheduled to<br />
adjourn in the next few weeks. “The leadership is<br />
going to discuss this issue next week, but it will<br />
not be scheduled for a vote next week,” Diamond<br />
said. The problem is reported to be that the GOP<br />
leadership is divided on the issue <strong>of</strong> Internet gambling.<br />
Another possible problem is that the ban<br />
may be too controversial to be called to the floor<br />
under the House’s conventional procedure. “It<br />
would be subject to amendments, and there are so<br />
many interest groups involved that if one side gets<br />
an amendment, the other side is going to demand<br />
an amendment,” one congressional aide said. Instead,<br />
Leach and others had hoped to advance the<br />
bill to the House floor under an expedited procedure<br />
which would limit debate but would require a<br />
two-thirds majority to pass. Now that prospect<br />
appears dim.<br />
EMERALD ACCEPTS BANKRUPTCY<br />
Emerald Casino, once considered a sure thing as<br />
a money-producing machine, announced in court<br />
that it will not appeal a judge’s Sept. 6 ruling that<br />
it is bankrupt. Instead, it will submit to a Chapter<br />
11 reorganization to be overseen by the federal<br />
judge. Representatives <strong>of</strong> the village <strong>of</strong> Rosemont,<br />
Illinois, the main force pushing the casino company<br />
into bankruptcy, called the decision by Emerald<br />
not to appeal a positive step in Rosemont’s ongoing<br />
battle to keep the Emerald Casino gaming license<br />
in town. Rosemont claims it is owed at least $45<br />
million for a parking garage it built. The town wants<br />
the bankruptcy court to force Emerald to sell its<br />
gaming license in the hope that not only will the<br />
village recoup the money it spent but that whoever<br />
buys the license will open a casino in the Chicago<br />
suburb. Emerald, however, struck a deal with<br />
the Illinois Gaming Board to let it sell the<br />
license and put a casino in whichever<br />
community the gaming board chooses.
HARNESS TRACKS OF AMERICA<br />
Executive Newsletter<br />
A daily fax and e-mail report on racing and gaming developments in North <strong>America</strong> and beyond<br />
Paul Joseph Estok, Editor<br />
RECORD TIME WINS JUG<br />
Million Dollar Cam and driver Luc Ouellette led<br />
gate to wire in the $618,625 Little Brown Jug for<br />
3-year-old pacers in a track, stakes and world<br />
record time <strong>of</strong> 1:50.2 before more than 50,000 fans<br />
yesterday afternoon at the Delaware County<br />
(Ohio) Fairgrounds. The race, a test <strong>of</strong> speed and<br />
endurance, calls for a horse to win two heats in<br />
one day and Million Dollar Cam, owned by Jeffrey<br />
Snyder <strong>of</strong> New York City and trained by Bill<br />
Robinson <strong>of</strong> Hagersville, Ontario, did just that. In<br />
the first heat, Million Dollar Cam, driven in that<br />
race by John Campbell, made quick work <strong>of</strong> the<br />
field, winning in 1:51.4. With that win, Million<br />
Dollar Cam advanced to the second heat, along<br />
with second and third place finishers Three Olives<br />
and Western Resolve. The winners <strong>of</strong> the other<br />
first heat divisions were Mach Three, driven by<br />
John Campbell, and Allamerican Ingot, driven by<br />
David Miller. Campbell opted to drive Mach Three<br />
in the second heat, leaving the drive on Million<br />
Dollar Cam in the final to Luc Ouellette. In the<br />
second and final heat, Ouellette opted to go<br />
straight to the lead from the gate. Million Dollar<br />
Cam hit the first quarter mark in :25.4, with<br />
Campbell and Mach Three at their wheel in second<br />
place. Campbell and Mach Three stalked<br />
Million Dollar Cam through the :53.1 half and the<br />
1:21.3 three quarters time with Allamerican Ingot<br />
and Miller sitting along the rail in third. At the top<br />
<strong>of</strong> the stretch, Ouellette had Million Dollar Cam<br />
on top by a length and a quarter and Mach Three<br />
had faded to ninth, leaving the chase to Life Is A<br />
Cabaret, driven by George Brennan. Life Is A<br />
Cabaret made up little ground by held on to finish<br />
second by a length, followed by Western resolve<br />
and driver Ron Pierce in third. “This is fantastic,”<br />
said winning owner Snyder, who also<br />
owned the sire <strong>of</strong> Million Dollar Cam,<br />
Cam’s Card Shark, who was scratched<br />
lame moments before the 1994 Jug. “It<br />
brings back memories <strong>of</strong> Cam’s Card Shark<br />
September 20, <strong>2002</strong><br />
when he races here. I guess this is sweet justice.<br />
This has to be <strong>of</strong> the most exciting days <strong>of</strong> my life,<br />
getting the world record and all. I’m going to fill<br />
the jug up with red wine and not stop ’til we finish<br />
it all.”<br />
AZ GOV. WINS GAMING RULING<br />
A federal appeals court Thursday upset the waters<br />
<strong>of</strong> Arizona’s Indian gaming debate by overturning<br />
a ruling that led to three competing gambling<br />
measures on the November ballot. The ruling<br />
by the 9th U.S. Circuit Court <strong>of</strong> Appeals in a<br />
case brought by racetrack owners means that Gov.<br />
Jane Hull has the authority to sign gaming compacts<br />
with Arizona’s tribes that determine the future<br />
<strong>of</strong> tribal gaming in the state. But she’s blocked<br />
from doing so until the racetracks have exhausted<br />
their legal appeals. All <strong>of</strong> which means that the<br />
Nov. 5 election still will set the tone, at least in the<br />
short run, on Arizona state gambling policy. voters<br />
are being asked to choose among three measures,<br />
two <strong>of</strong> which would continue casino-style<br />
gaming on reservations and a third that would permit<br />
racetracks to operate slot machines as well.<br />
With the election so close, it appears there isn’t<br />
time for the legal appeals to run their course to<br />
pre-empt the election. Add that another federal<br />
appeals court on Thursday examined a similar<br />
gaming issue and reached a different conclusion<br />
and the issue <strong>of</strong> how much leeway governors have<br />
to negotiate gaming compacts likely will land before<br />
the United States Supreme Court. Naturally,<br />
the Hull administration hailed the ruling, while<br />
Arizona racetrack representatives vowed to appeal.<br />
In the 2-1 decision, the Appeals Court in<br />
San Francisco said the racetracks were wrong to<br />
bring a lawsuit over Indian gaming compacts without<br />
involving the tribes. The court found that the<br />
tribes are “indispensable parties” to debates over<br />
their gaming future and dismissed the tracks’<br />
suit “because the tribes enjoy sovereign immunity<br />
from suit and have not consented to<br />
be sued.”
HARNESS TRACKS OF AMERICA<br />
Executive Newsletter<br />
A daily fax and e-mail report on racing and gaming developments in North <strong>America</strong> and beyond<br />
Stanley F. Bergstein, Editor<br />
MORE ON ROSECROFT<br />
More details on the <strong>of</strong>fers for Rosecr<strong>of</strong>t Raceway<br />
have surfaced. Tom Winebrenner, president<br />
<strong>of</strong> the board <strong>of</strong> directors <strong>of</strong> the Cloverleaf Standardbred<br />
Owners Association, which owns the track<br />
and last week announced it would choose one <strong>of</strong><br />
three bidders by Oct. 17, told the Baltimore Sun<br />
that the $68 million <strong>of</strong>fer by Magna Entertainment<br />
included $12 million for the track itself, plus capital<br />
improvements, backstretch upgrades and guaranteed<br />
purses for 10 years. Magna guaranteed<br />
purses <strong>of</strong> $80,000 a day for six years and $55,000<br />
a day for four years after that, with a kicker if the<br />
track gets slot machines. The <strong>of</strong>fers <strong>of</strong> $49 million<br />
by Greenwood Racing, the parent <strong>of</strong> Philadelphia<br />
Park, and $47 million by Centaur Racing, part<br />
owner <strong>of</strong> Hoosier Park, also included guaranteed<br />
purses as part <strong>of</strong> their packages. Lou Ulman, chairman<br />
<strong>of</strong> the Maryland Racing Commission, told the<br />
Sun that if Magna is chosen as the successful buyer<br />
and winds up owning Rosecr<strong>of</strong>t and Maryland’s<br />
two thoroughbred tracks -- Pimlico and Laurel --<br />
“it could be very positive or very negative,” and<br />
that the commission would have to evaluate that<br />
situation.<br />
CAN TRACK SLOTS HURT A.C.?<br />
A question that no one thought would ever be asked<br />
is now on the table in New Jersey. It is if slots at<br />
the state’s race tracks would seriously impact the<br />
goose that lays golden eggs in Atlantic City. At<br />
least one legislator thinks not, and stood up and<br />
said so at a meeting <strong>of</strong> the Assembly Tourism and<br />
Gaming Committee. “In my opinion,” said Assemblyman<br />
John S. Wisniewski, a Middlesex Democrat,<br />
“you’re never going to hurt casinos by putting<br />
slots at tracks.” He noted that slots in Delaware<br />
have not kept people from there from<br />
going to Atlantic City, and thoroughbred<br />
lobbyist Barbara DeMarco Reich told the<br />
committee that Jersey tracks must have that<br />
help to meet out-<strong>of</strong>-state competition.<br />
September 23, <strong>2002</strong><br />
The committee was told that track attendance in<br />
New Jersey has dropped 30% in the last five years,<br />
and handle has plummeted 35% in that time. Green<br />
space -- acreage devoted to horses -- declined from<br />
120,000 acres 15 years ago to 80,000 in the decade<br />
following.<br />
No casino representatives attended the hearing,<br />
but you can be sure they were burning up the phone<br />
lines, and that they will fight the idea every step <strong>of</strong><br />
the way. The very fact that the issue is being discussed,<br />
however, has to be a positive sign.<br />
BIG PLANS FOR THE COMPLEX<br />
“Ambitious” is perhaps the best description <strong>of</strong> the<br />
plans for the Meadowlands Sports Complex that<br />
were submitted by six developers last week, and<br />
which will be considered by the Sports Authority<br />
between now and the end <strong>of</strong> the year, when the<br />
winner hopefully will be announced. One observer,<br />
the Bergen county executive, called them “Grandiose<br />
and comprehensive.” They included:<br />
An $815 million proposal by a partnership <strong>of</strong> Hartz<br />
Mountain Industries and Forest City Ratner for<br />
an Expo Park that would include a convention center,<br />
<strong>of</strong>fices, hotels, and indoor Formula One-style<br />
racing center and an extreme sports center.<br />
Two motor racing themes, one a $451 million hotel<br />
and <strong>of</strong>fice complex around a 1.35 mile oval with a<br />
100,000 seat grandstand, and another a $1.5 billion<br />
plan for a Garden State International Speedway,<br />
with stores, entertainment and a rejuvenated<br />
Meadowlands Race Track.<br />
MeadowFest, a $41.5 million shopping and interactive<br />
entertainment center, and Arena Place, a<br />
$989 million urban village. And at $1.2 billion,<br />
Xanadu, with indoor surfing and skiing, a<br />
children’s recreational village, and a luxury<br />
spa. The old block will never look the same.
HARNESS TRACKS OF AMERICA<br />
Executive Newsletter<br />
A daily fax and e-mail report on racing and gaming developments in North <strong>America</strong> and beyond<br />
Stanley F. Bergstein, Editor<br />
THE GAO SPEAKS UP<br />
Another voice has been heard from on the Internet<br />
gaming issue, this time in Washington where the<br />
General Accounting Office said that ambiguities<br />
contained in the Wire Act could legally hamper the<br />
applicability <strong>of</strong> the act to Internet gambling. That<br />
probably is not what congressmen Michael Oxley<br />
<strong>of</strong> Ohio, John LaFalce <strong>of</strong> New York and Spencer<br />
Bachus <strong>of</strong> Alabama were looking for when they<br />
asked the GAO to prepare an interim statement<br />
for a report, due in November, that they had requested.<br />
According to Interactive Gaming News,<br />
the GAO did not report any firm conclusion about<br />
the legality <strong>of</strong> Internet betting, but did note that<br />
“certain ambiguities” may limit its applicability,<br />
one example being whether its provisions apply to<br />
all types <strong>of</strong> betting or are limited to sporting events<br />
and contests. The Department <strong>of</strong> Justice, <strong>of</strong><br />
course, takes the view that the Wire Act is not<br />
limited, but the GAO points out that case law is<br />
conflicting on the issue. In another view <strong>of</strong> the<br />
issue, Frank Fahrenkopf, spokesmen for the<br />
nation’s casinos, continues to walk a tightrope, or<br />
continues to try to stand on both sides <strong>of</strong> the issue.<br />
The former Republican party chairman<br />
blamed Bill Clinton for the present problems <strong>of</strong><br />
the Internet issue, charging in a recent speech that<br />
the Department <strong>of</strong> Justice was simply echoing the<br />
arguments <strong>of</strong> the Clinton administration, even<br />
though it presumably has the full backing <strong>of</strong> the<br />
present administration to do what it pleases.<br />
Fahrenkopf wants it both ways, saying the recent<br />
letter from assistant U.S. Attorney General<br />
Michael Chert<strong>of</strong>f declaring that Internet gambling<br />
is illegal “was meaningless,” but at the same time<br />
saying his <strong>America</strong>n Gaming Association still opposes<br />
it. Some <strong>of</strong> his biggest members still want<br />
it, however, so Fearless Frank has to stride like a<br />
colossus on both sides <strong>of</strong> the issue, the<br />
Janus <strong>of</strong> Internet gambling. He called the<br />
assistant attorney general’s letter “a minority<br />
view,” saying courts will decide the issue.<br />
September 24, <strong>2002</strong><br />
CONNECTICUT GETS QUASHED<br />
As reported here yesterday, the state <strong>of</strong> Connecticut<br />
has been seeking to have a federal moratorium<br />
declared on recognition <strong>of</strong> Indian tribes, in<br />
an effort to slow down the spread <strong>of</strong> Indian gaming.<br />
Its Democratic senator Christopher Dodd<br />
tried yesterday, introducing the moratorium bill and<br />
saying on the floor that the tribal recognition process<br />
was broken and needed to be fixed, adding<br />
that “I don’t know anyone who really disagrees<br />
with that.” Shortly after, he discovered that 80 <strong>of</strong><br />
his colleagues apparently disagreed, as they voted,<br />
80 to 15, to reject Dodd’s amendment. The Las<br />
Vegas Review-Journal attributed the defeat to the<br />
growing influence <strong>of</strong> tribal gambling advocates on<br />
Capitol Hill, noting that in July, the House voted<br />
273-151 to deny the creation <strong>of</strong> a federal commission<br />
to study whether organized crime has infiltrated<br />
Indian gaming. Senator Dodd was joined in<br />
his amendment push by fellow Democrat Joseph<br />
Lieberman, opposing the efforts <strong>of</strong> the Eastern<br />
Pequot tribe to build still another major casino in<br />
Connecticut, joining the Mashantucket Pequot’s<br />
Foxwoods Resort and the Mohegan Sun. Their<br />
quest was quashed by another Democrat, Senator<br />
Daniel Inouye <strong>of</strong> Hawaii, chairman <strong>of</strong> the Senate<br />
Indian Affairs Committee, who led the opposition<br />
and noted that the Eastern Pequots had sought<br />
tribal recognition 24 years ago, long before Indian<br />
gaming was ever dreamed <strong>of</strong> as an issue. Inouye<br />
disputed the idea that most Indian tribes are seeking<br />
recognition for gambling purposes, pointing out<br />
that the largest Indian tribe in North <strong>America</strong>, the<br />
Navajos, will not permit gambling on their lands.<br />
CASE IN HOT WATER...AGAIN<br />
Walter Case, who failed to show up for 36 drives<br />
at the Delaware County Fair, has been barred from<br />
that track and fined $1,800. Little Brown Jug boss<br />
Tom Thomson acknowledged Case’s huge<br />
talent, but asked, “What good is it? He’s<br />
got to get his life together.”
HARNESS TRACKS OF AMERICA<br />
Executive Newsletter<br />
A daily fax and e-mail report on racing and gaming developments in North <strong>America</strong> and beyond<br />
Stanley F. Bergstein, Editor<br />
10 HOURS AND A YEAR’S DATES<br />
After 10 hours <strong>of</strong> deliberation, Illinois’ newly reconstituted<br />
racing board issued 2003 racing dates<br />
yesterday, largely the work <strong>of</strong> the former chairman<br />
Ralph Gonzalez, who was deposed from that<br />
position by outgoing governor George Ryan but<br />
proved a voice <strong>of</strong> reason in solving the thorny problems<br />
<strong>of</strong> a balanced racing schedule. The vote on<br />
the schedule was 8-3, and one <strong>of</strong> the dissenters<br />
was the non-racing man Ryan appointed as new<br />
chairman, Dennis Bookshester. Considered a Dick<br />
Duchossois friend going in, he made his commission<br />
public debut by complaining about Arlington<br />
Park’s date assignment, concluding that “I guess<br />
this industry is not run like a business.” The racing<br />
board gave the newly constituted Hawthorne<br />
Limited Liability Corporation, which is the National<br />
Jockey Club racing at Hawthorne, a March 1 -<br />
May 8 meeting after the NJC president, Charles<br />
Bidwell III, convinced the board that he and his<br />
sister had financial resources to carry the meeting<br />
despite the huge debt they incurred with the<br />
disastrous auto racing venture that resulted in the<br />
closing <strong>of</strong> Sportsman’s Park. So the runners will<br />
move next door to Hawthorne, which also got 49<br />
harness racing dates from May 13 thru June 30.<br />
Hawthorne will return to its own traditional fall<br />
thoroughbred meeting, and the track’s director <strong>of</strong><br />
operations, Tom Carey III, said he planned to<br />
present the Hawthorne Gold Cup as a prep for the<br />
Breeders Cup Classic and build on the major status<br />
<strong>of</strong> the late spring-early summer harness meet<br />
at Hawthorne.<br />
Here is the full harness racing schedule:<br />
Balmoral Park -- Jan. 1 -May 12, July 1-Dec. 31<br />
racing Sundays, Tuesdays, Thursdays, Saturdays.<br />
Maywood Park -- Jan. 1-May 12, July 1-<br />
Dec. 31, racing Mondays, Wednesdays,<br />
Fridays.<br />
Hawthorne -- May 13-June 30.<br />
September 25, <strong>2002</strong><br />
Thoroughbred schedule:<br />
National Jockey Club at Hawthorne --<br />
March 1-May 8.<br />
Arlington Park -- May 9 - Sept. 27.<br />
Hawthorne -- Sept. 28-Dec. 31.<br />
Fairmount Park -- April 4 - Oct. 8.<br />
Despite chairman Bookshester’s complaints, from<br />
a racing point <strong>of</strong> view it would seem the board did<br />
a fair and equitable job in resolving the contentious<br />
issue <strong>of</strong> dates in Illinois, and its members<br />
and former chairman Gonzalez are to be commended.<br />
BIG PROBLEM, FEW ANSWERS<br />
Attendees at the 10th annual International Simulcast<br />
Conference that winds up today in Bal<br />
Harbour, FL, tackled the vexing problem <strong>of</strong> coordinating<br />
post times for simulcasting yesterday, but<br />
came up with few answers. Perhaps the most intriguing<br />
was that <strong>of</strong> Todd Bowker, general manager<br />
<strong>of</strong> <strong>America</strong> TAB, who suggested the appointment<br />
<strong>of</strong> a national “air traffic controller” to oversee<br />
all post times and suggest changes as each<br />
racing day progresses to prevent overlaps. Earlier<br />
in the conference, which is co-sponsored by<br />
the Thoroughbred Racing Associations, <strong>Harness</strong><br />
<strong>Tracks</strong> <strong>of</strong> <strong>America</strong> and the <strong>America</strong>n Quarter<br />
Horse Association, Chris Scherf <strong>of</strong> TRA asked if<br />
the next pot <strong>of</strong> gold for racing -- account wagering<br />
-- could turn out to be a crock. “No one foresaw<br />
that simulcast wagering would grow to make up<br />
85% <strong>of</strong> our business,” Scherf said, and then asked,<br />
“If that could sneak up on us, what else could.”<br />
He noted that account wagering is widely <strong>of</strong>fered<br />
by <strong>of</strong>fshore operators who give back little or nothing<br />
to racing, but still rob customers through rebates.<br />
Scherf said access to pools and control <strong>of</strong><br />
the product was critical. Consultant Dick Powell<br />
noted that bettors will play where they get<br />
the best deals, and said every large bettor<br />
has been approached by some rebater.
HARNESS TRACKS OF AMERICA<br />
Executive Newsletter<br />
A daily fax and e-mail report on racing and gaming developments in North <strong>America</strong> and beyond<br />
Stanley F. Bergstein, Editor<br />
DISMAL FAILURES, NEW TRIES<br />
Two racetracks have died horrible deaths in Erie,<br />
Pennsylvania, but that doesn’t daunt Ted Arneault,<br />
who hears clanging slot machines in the distance.<br />
Arneault is the president and CEO <strong>of</strong> MTR Gaming,<br />
which operates Mountaineer Park in Chester,<br />
West Virginia, where slots have made the track<br />
successful and Arneault rich. He goes before the<br />
Pennsylvania Horseracing Commission today to<br />
ask for a license for something called Presque Isle<br />
Downs, which he wants to build on 130 acres <strong>of</strong><br />
farmland on Interstate 90 in Summit, just south <strong>of</strong><br />
Erie in extreme northwest Pennsylvania. Arneault<br />
says, with a straight face, that he still will build the<br />
$56 million thoroughbred track and entertainment<br />
center even if slots are not legalized in Pennsylvania,<br />
which would be an audacious move in view <strong>of</strong><br />
the fact that the bones <strong>of</strong> not one but two tracks<br />
lie buried nearby, unable to survive even in the<br />
prosperous 1980s. Arneault’s pitch to the commission<br />
will be opposed today by Pennsylvania’s<br />
four existing tracks -- thoroughbred venues Penn<br />
National and Philadelphia Park, and The Meadows<br />
and Pocono Downs, the state’s two harness<br />
tracks. Penn National has an OTB in Erie, and all<br />
four tracks will argue today that they are having a<br />
tough time without the competition <strong>of</strong> a fifth.<br />
Erie is not the only graveyard being disturbed. In<br />
Ocala, Florida, there are still standing concrete<br />
columns and steel rods for a grandstand never<br />
built, that also died in the 1980s and there is talk<br />
there <strong>of</strong> still another Magna Entertainment venture.<br />
Magna’s Frank Stronach owns nearly 5,000<br />
acres in Marion county, including his Adena Springs<br />
South farm, and recently bought another 600 acres<br />
along I-75, where he is talking about building a<br />
track and entertainment complex. The mayor <strong>of</strong><br />
Ocala, a town <strong>of</strong> 50,000, says, “I think it’s<br />
going to happen this time,” but Michael<br />
Tew, a Bear Stearns gaming analyst, says<br />
he thinks it is highly unlikely. Stay tuned.<br />
September 26, <strong>2002</strong><br />
LEACH BILL NEARS VOTE<br />
Racing intelligence in Washington is about as good<br />
as U.S. intelligence was on Sept. 10, 2001, or the<br />
day before the U.S.S. Cole was blown apart. A<br />
week or so ago the word was that it was unlikely<br />
that there would be any Internet wagering legislation<br />
in the remaining days <strong>of</strong> the current Congressional<br />
session. But it now appears that come Tuesday,<br />
the House <strong>of</strong> Representatives will vote on the<br />
Leach bill, H.R. 556, under suspension <strong>of</strong> the rules,<br />
which means there will be no amendments permitted,<br />
debate is limited to 40 minutes, and a twothirds<br />
vote will be required for passage. The bill’s<br />
<strong>of</strong>ficial title is the Unlawful Internet Gambling<br />
Funding Prohibition Act, and it prohibits credit on<br />
Internet betting. Because it exempts “any lawful<br />
transaction with a business licensed or authorized<br />
by a state” -- thanks in large measure to the work<br />
<strong>of</strong> the <strong>America</strong>n Horse Council -- racing feels it is<br />
secure on the issue, but it remains to be seen how<br />
credit issuers interpret the legislation if it passes<br />
the House and then survives a Senate vote, which<br />
is questionable. Discover Financial Services, for<br />
example, which is owned by Morgan Stanley, says<br />
its policy is that it “won’t sign on any merchants<br />
that knowingly <strong>of</strong>fer Internet gambling, and if we<br />
find out that a current merchant <strong>of</strong>fers Internet<br />
gambling, we’ll terminate the relationship.” This<br />
language reminds the editor <strong>of</strong> successful HTA/<br />
TRA campaigning years ago with the National<br />
Association <strong>of</strong> Broadcasters on its radio and television<br />
codes, to ensure that the same freedom <strong>of</strong><br />
commercials existed as state lotteries were<br />
granted. The codes were changed, but individual<br />
stations still reserved the right to judge the advertising<br />
copy. Let’s hope the “lawful transaction with<br />
a business licensed or authorized by a state” language<br />
holds up against arbitrary individual credit<br />
agency action if Internet racing activity takes <strong>of</strong>f,<br />
and becomes the tool <strong>of</strong> the future that some<br />
hope for and expect, particularly in relation<br />
to the foreign betting market that has huge<br />
potential..
HARNESS TRACKS OF AMERICA<br />
Executive Newsletter<br />
A daily fax and e-mail report on racing and gaming developments in North <strong>America</strong> and beyond<br />
Stanley F. Bergstein, Editor<br />
TWO DOWN, BUT ERIE GETS OK<br />
The Pennsylvania State Horse Racing Commission,<br />
ignoring the dead bodies <strong>of</strong> two former racetracks<br />
buried in remote Erie, Pennsylvania, approved<br />
plans for still another yesterday. This one,<br />
to be called Presque Isle Downs, is on the drawing<br />
boards at a $56 million price tag for 2004 completion,<br />
but no one -- except perhaps Pennsylvania’s<br />
commissioners, and that is doubtful -- thinks it will<br />
be built unless Pennsylvania approves slots at<br />
tracks next year. The commission, however, voted<br />
unanimously to approve the plans submitted by<br />
Ted Arneault, president and CEO <strong>of</strong> MTR Gaming,<br />
which runs a little slots-fueled gold mine called<br />
Mountaineer Park in West Virginia. That track<br />
has been sucking money out <strong>of</strong> western Pennsylvania<br />
for several years now, and the Pennsylvania<br />
commission apparently felt it would rather have<br />
the dollars bet at home. Pennsylvania’s four existing<br />
tracks opposed the approval, but the argument<br />
that Presque Isle will help far northwestern<br />
Pennsylvania prevailed. One state legislator who<br />
supported the idea said people who now go to<br />
Niagara Falls or Michigan or West Virginia to<br />
gamble now will go to Erie instead, and Arneault<br />
thinks he will draw from Cleveland, Buffalo and<br />
Pittsburgh. He also says he will go forward with<br />
or without slots, but only the tooth fairy believes<br />
that, since both Commodore Downs, which died in<br />
1982, and Erie Downs, which lasted from 1986 to<br />
1987, both are buried in Erie. One <strong>of</strong> the nonbelievers<br />
said yesterday, “Two racetracks have<br />
already failed there, there’s nobody there, and for<br />
some 30-odd years in the state the racing industry<br />
has been struggling to exist.” But unlike Kentucky,<br />
where a proposed new track in the remote<br />
reaches <strong>of</strong> the state got short shrift from the state<br />
racing commission earlier this week, Pennsylvania<br />
sees gold and said yes. Another track<br />
hopeful is on the boards in Pennsylvania<br />
in depressed Chester, but at least that one<br />
has millions <strong>of</strong> people within a stone’s throw<br />
in Philadelphia.<br />
September 27, <strong>2002</strong><br />
AN IMPOSSIBLE DOUBLE?<br />
Mal Burroughs, one <strong>of</strong> only two amateur drivers<br />
to win the Hambletonian, tries to put himself alone<br />
at the summit tomorrow when he drives Malabar<br />
Motion in the historic $404,000 Kentucky Futurity<br />
at the Red Mile in Lexington. No amateur<br />
ever has won both races, and the odds say that<br />
Burroughs won’t either, but the irrepressible New<br />
Jersey contractor will give it a try. His mount,<br />
Malabar Motion, is 20-1 on the morning line. Chip<br />
Chip Hooray, the diminutive Hambletonian winner<br />
this year, is favored in the race, with Like A<br />
Prayer, a bridesmaid all season in the major classics<br />
for 3-year-olds, will try to win one for a change.<br />
Eric Ledford, who drove Chip Chip Hooray to victory<br />
in the Hambletonian, will be up again, and Ron<br />
Pierce will drive Like A Prayer. Andover Hall, last<br />
year’s 2-year-old champion but a hard-luck horse<br />
this year, will try to make amends before the home<br />
crowd with outstanding Canadian trotting driver<br />
Trevor Ritchie at the controls.<br />
VARENNE GOES FOR MILLION<br />
The world’s greatest trotter, Varenne <strong>of</strong> Italy, tries<br />
for a million-dollar bonus tomorrow at Hippodrome<br />
de Montreal when he makes the final start <strong>of</strong> his<br />
career in the C$500,000 Trot Mondial. Barring<br />
the way in the mile and 3/8ths test is the best U.S.<br />
trotter this season, Fool’s Goal, winner <strong>of</strong> the<br />
Breeders Crown and Maple Leaf Trot, and<br />
Canada’s best, McCooeye, winner <strong>of</strong> 24 straight<br />
in Montreal, but Varenne is expected to complete<br />
the Grand Slam <strong>of</strong> trotting, having won the previous<br />
four legs in Europe, and get his $1 million bonus.<br />
CAPITAL OTB DOWN TO THREE<br />
There was no shortage <strong>of</strong> candidates -- 122 applied<br />
-- but the field was narrowed to 3 this week<br />
in the chase for retiring Tom Cholakis’ job<br />
as head <strong>of</strong> Capital District OTB in New<br />
York. The finalists’ names were not released.
HARNESS TRACKS OF AMERICA<br />
Executive Newsletter<br />
A daily fax and e-mail report on racing and gaming developments in North <strong>America</strong> and beyond<br />
Stanley F. Bergstein, Editor<br />
ANOTHER BIG ART AUCTION<br />
HTA’s silver anniversary art auction, held yesterday<br />
in the Tattersalls Sales Arena in Lexington,<br />
KY, was another resounding success. One hundred<br />
thirty-six works <strong>of</strong> equine art were sold for<br />
$135,675, an average <strong>of</strong> $997.61, and a remarkable<br />
oil painting by HTA’s premier artist, Zenon<br />
Aniszewski <strong>of</strong> Poland, topped the sale at $10,000.<br />
The very large painting, titled The Sleigh, showed<br />
four charging horses pulling a sleigh through the<br />
snow, and it went to D. Post <strong>of</strong> Holland, after spirited<br />
bidding. Aniszewski’s striking race action<br />
watercolors continued to dominate the HTA auction,<br />
with seven <strong>of</strong> them all bringing more than<br />
$1,000, and a striking large oil, called “The Bend,”<br />
bringing $4,000. The painting voted best <strong>of</strong> show<br />
(Aniszewski’s “The Sleigh” was a late arrival and<br />
not eligible for judging) was “A New Morning, A<br />
Fresh Start,” an oil <strong>of</strong> a stable area scene painted<br />
by Alyson Champ <strong>of</strong> Montreal. It received a $500<br />
prize and was sold for $900. In the sculpture category,<br />
a large bronze <strong>of</strong> a trotter titled “Daddy’s<br />
Best,” done by Catherine Wagner <strong>of</strong> Michigan, won<br />
the $500 first prize, but by far the most popular<br />
sculptures with the large crowd were three remarkable<br />
woodcarvings <strong>of</strong> horses and drivers by John<br />
Kittelson <strong>of</strong> Wyoming. One called “Gray Trotter”<br />
brought $7,500, another titled “Bay Trotter” was<br />
sold for $5,000, and a third, “Sagebrush Sawbone,”<br />
a doctor on his rounds in his one horse shay pulled<br />
by a handsome chestnut trotter, went for $4,500.<br />
All net proceeds go to the HTA Scholarship Fund,<br />
but as usual HTA track participation was virtually<br />
non-existent. Joe Costa <strong>of</strong> The Red Mile purchased<br />
two handsome paintings, Red Mile racing<br />
secretary Connie Hochstetler bought two, including<br />
the prize winning bronze, and general counsel<br />
Paul Estok <strong>of</strong> HTA bought three. Chris<br />
McErlean <strong>of</strong> the Meadowlands was underbidder<br />
on a number <strong>of</strong> Aniszewskis,<br />
and the Big M donated a handsome<br />
Hambletonian poster signed by all living win-<br />
September 30, <strong>2002</strong><br />
ning drivers <strong>of</strong> the race. That item sold for $600.<br />
Owner Jim Barry <strong>of</strong> Denver added 11 pieces to<br />
his collection, and breeder Joe Thompson <strong>of</strong><br />
Winbak Farm bought eight. A full list <strong>of</strong> buyers<br />
and prices will appear on the HTA Web site.<br />
NO WAR DECLARATION YET<br />
Italy had not declared war on Canada at last report,<br />
but the possibility arose Saturday after Italy’s<br />
athletic hero, the all-conquering trotter Varenne,<br />
was defeated in the C$500,000 Trot Mondial at<br />
Hippodrome de Montreal. The super trotter was<br />
overhauled by Fan Idole <strong>of</strong> France after being pressured<br />
heavily by Fool’s Goal <strong>of</strong> the United States,<br />
and to add insult to injury Varenne was disqualified<br />
from second and placed tenth and last for trotting<br />
inside <strong>of</strong> the pylons in the mile and threeeighths<br />
race. After winning all four legs <strong>of</strong> the European<br />
Grand Circuit, Varenne stood to earn a $1<br />
million bonus if he had won the Trot Mondial. The<br />
race was the final start <strong>of</strong> his brilliant career, in<br />
which he won more than $5 million.<br />
THE ENEMY IN CLEAR SIGHT<br />
Michigan racing is girding for an all-out effort to<br />
get slots at the state’s seven tracks, but Detroit’s<br />
three casino powerhouses are mustering all their<br />
clout to prevent that from happening. They are<br />
crying that racing can spend money in the legislature<br />
in Lansing and they can’t, and are worried<br />
that 8,400 slots and table games would ruin their<br />
business. At least one legislator finds the casino<br />
objections objectionable. Rep. Judith Scranton,<br />
who is leaving the legislature, said, “The horse<br />
people have been around generations. These casinos<br />
have been here three years.” She said the<br />
casinos knew they faced prohibitions on campaign<br />
contributions when they were making plans to move<br />
to Detroit. “They want to whine now?” she asked.<br />
Magna Entertainment, fighting back against<br />
the casinos, has hired a two-term House<br />
Republican leader to lead the track battle.
HARNESS TRACKS OF AMERICA<br />
Executive Newsletter<br />
A daily fax and e-mail report on racing and gaming developments in North <strong>America</strong> and beyond<br />
Stanley F. Bergstein, Editor<br />
CHESTER NOW A GARDEN SPOT<br />
Those who have visited Chester, Pennsylvania,<br />
may not consider it the garden spot <strong>of</strong> the east,<br />
but the grimy shipyard town suddenly has blossomed<br />
into a destination point for racing interests.<br />
Joe Lashinger Jr., former president <strong>of</strong> The<br />
Downs at Pocono, has an application for a harness<br />
track pending before the Pennsylvania <strong>Harness</strong><br />
Racing Commission, and now Philadelphia<br />
Park has filed an application for a thoroughbred<br />
track there, to be called Seaport Park. Hal<br />
Handel, Philadelphia Park’s CEO, told the Philadelphia<br />
Inquirer that plans call for the track to<br />
be build along the Delaware River, on the site <strong>of</strong><br />
a former power plant, and that the Philadelphia<br />
track architectural firm <strong>of</strong> Ewing-Cole associates<br />
was doing the design work. Handel said plans<br />
call for a five-eighths mile track with a six furlong<br />
chute, and there also would be hotel and<br />
convention facilities. Chester is part <strong>of</strong> the Philadelphia<br />
metropolis, and is connected to the city<br />
by two superhighways, I-95 and I-476.<br />
GRANITE OR SANDSTONE?<br />
Dennis Drazin, currently lead counsel for the<br />
New Jersey Thoroughbred Horsemen’s Association<br />
and reported to be the next chairman <strong>of</strong> the<br />
New Jersey Racing Commission, perhaps as early<br />
as this week, says thoroughbred dates at<br />
Monmouth Park are “etched in stone” through<br />
a three-year deal signed earlier this year with the<br />
New Jersey Sports and Exposition Authority.<br />
Others involved in the New Jersey picture are<br />
not so sure. Hal Handel <strong>of</strong> Pennwood Racing,<br />
which operates Freehold Raceway, calls the date<br />
situation “fluid,” and tracks have until the 15th<br />
<strong>of</strong> this month to file their applications. Handel says<br />
“we want to work with all the other parties,<br />
but we’re also looking at protecting our<br />
own interests. One <strong>of</strong> the major issues is<br />
the number <strong>of</strong> racing days at Monmouth<br />
Park.<br />
October 1, <strong>2002</strong><br />
The New Jersey Sports and Exposition Authority<br />
agreed earlier this year to race 92 days at<br />
Monmouth, but Bruce Garland, the Authority’s<br />
senior executive VP for racing, noted that the<br />
Monmouth meeting was hard hit by the economy<br />
and weather, and he doesn’t want to see that<br />
magnified by a longer meeting. The crux <strong>of</strong> the<br />
issue is whether thoroughbred horsemen want<br />
to race more days for less daily purse money, or<br />
fewer days for higher purses. Garland says there<br />
is not enough purse money in the state to run<br />
141 quality thoroughbred days at Monmouth and<br />
the Meadowlands, but says the Authority will<br />
stand up to the agreement it signed with the thoroughbred<br />
horsemen. Drazin, pr<strong>of</strong>iled in the<br />
Asbury Park Press this week as “The Most Powerful<br />
Man in Jersey Racing,” would like to run<br />
all thoroughbred dates at Monmouth Park, keeping<br />
summer purses high and then running a<br />
Meadowlands-at-Monmouth meeting with reduced<br />
purses. As it now stands the runners are<br />
scheduled to begin racing at Monmouth April<br />
26. Senator Richard Codey, another racing<br />
power in New Jersey, says “We have to find every<br />
possible way to boost purses, whether it’s slots<br />
or VLTs.” There is another controversial racing<br />
issue in the state, and both the racing commission<br />
and some members <strong>of</strong> the Thoroughbred<br />
Horsemen’s Associations are concerned about it.<br />
The racing commission says the association is<br />
spending more than allowed for political contributions.<br />
The horsemen, led by Drazin, who is<br />
politically well-placed in the state, feel they don’t<br />
need commission approval. The association is<br />
funded by 2.9% <strong>of</strong> purse money, and also gets<br />
interest from a horsemen’s bookkeeper account.<br />
The commission and Drazin disagree on permission<br />
being needed to use those funds, and some<br />
horsemen are concerned about serious depletions<br />
<strong>of</strong> the account, with salaries <strong>of</strong> both the executive<br />
director and horsemen’s bookkeeper<br />
having been doubled and the fund<br />
having lost $600,000.
HARNESS TRACKS OF AMERICA<br />
Executive Newsletter<br />
A daily fax and e-mail report on racing and gaming developments in North <strong>America</strong> and beyond<br />
Stanley F. Bergstein, Editor<br />
NO ‘NET CREDIT SAILS THRU<br />
H.R. 556, the bill that bans credit on illegal Internet<br />
wagering, passed the House on a voice vote yesterday<br />
under suspension <strong>of</strong> the rules. Officially<br />
known as the Unlawful Internet Gambling Funding<br />
Prohibition Act, the measure has no companion<br />
legislation in the Senate, and faces impending<br />
adjournment <strong>of</strong> Congress. As passed, the bill prohibits<br />
the placing, reception or transmission <strong>of</strong> a<br />
bet or wager “by any means which involves the<br />
use, at least in part, <strong>of</strong> the Internet where such bet<br />
or wager is unlawful under any applicable Federal<br />
or State law in the State in which the bet or wager<br />
is initiated, received, or otherwise made.” The<br />
bill contains an exemption for “any lawful transaction<br />
with a business licensed or authorized by<br />
the state,” which would seem to exclude<br />
horseracing from its provisions. If you feel comfortable<br />
for the moment with this, relax and enjoy.<br />
But keep your left up.<br />
DRAZIN NOT IN....NOT YET<br />
Thoroughbred horsemen in New Jersey, who had<br />
hoped to see their legal counsel Dick Drazin as<br />
chairman <strong>of</strong> the New Jersey Racing Commission<br />
after a Senate vote yesterday, will have to wait for<br />
another day. The Senate rejected S1038, which<br />
would have put two thoroughbred horsemen and<br />
two harness horsemen on the nine-member board,<br />
by one vote, 20-10. Twenty-one votes were necessary<br />
for passage. Gov. James McGreevey, who<br />
had been counted on to support the measure, was<br />
occupied elsewhere, awkwardly standing by as a<br />
tearful Robert Toricelli pulled out <strong>of</strong> the New Jersey<br />
Senate race as a result <strong>of</strong> indiscretions that<br />
brought him rebuke in the Senate during the summer.<br />
State senator Richard Codey, the leading<br />
New Jersey legislator on racing matters, is a<br />
vigorous opponent <strong>of</strong> the bill, feeling that<br />
it is a conflict <strong>of</strong> interest for horsemen to<br />
write the rules under which they must race.<br />
October 2, <strong>2002</strong><br />
MGM ON LINE IN ISLE OF MAN<br />
While Frank Fahrenkopf walks a tightrope looking<br />
both ways in Janus-like fashion on the issue <strong>of</strong><br />
Internet betting as head <strong>of</strong> the <strong>America</strong>n Gaming<br />
Association, one <strong>of</strong> his biggest members has<br />
charged ahead, inaugurating online gambling this<br />
week from the Isle <strong>of</strong> Man. MGM Mirage announced<br />
it was operational yesterday with<br />
www.playmgnmirage.com and expects to be fully<br />
launched by the middle <strong>of</strong> the month, and will be<br />
taking bets from the United Kingdom, Ireland,<br />
South Africa and other countries. The U.S. is not<br />
one <strong>of</strong> them, but Bill Hornbuckle, MGM Online<br />
president who spoke at the HTA-USTA <strong>Harness</strong><br />
Racing Congress at the Mirage last spring, says<br />
this is “the real thing, real Las Vegas games.” He<br />
said that fact would be the differentiator between<br />
other products out there and what MGM Mirage<br />
will be <strong>of</strong>fering. Hornbuckle said the company was<br />
in the Isle <strong>of</strong> Man “to protect the company and<br />
the credibility <strong>of</strong> the MGM brand.” He said the<br />
company had a weighted and layered system that<br />
queries data service providers and databases and<br />
funnels problem answers toward manual verification,<br />
and that MGM Mirage was taking the position<br />
that “you’re guilty until proven innocent” on<br />
proving legal status to gamble on their system. The<br />
system, viewed but not yet approved by Nevada<br />
regulators -- although Frank Fahrenkopf mistakenly<br />
said it was -- <strong>of</strong>fers bettors the equivalent <strong>of</strong><br />
a slot player’s card, with play points tabulated toward<br />
redemption for credits including trips to the<br />
company’s Las Vegas resorts. Hornbuckle told<br />
the Las Vegas Review Journal that MGM Mirage<br />
hopes to be able to market the site to 100 million<br />
potential users in countries where it is legal to take<br />
such bets, but that it is far too early to project how<br />
much revenue the site will generate, how much market<br />
share it will capture or when it will begin turning<br />
a pr<strong>of</strong>it.
HARNESS TRACKS OF AMERICA<br />
Executive Newsletter<br />
A daily fax and e-mail report on racing and gaming developments in North <strong>America</strong> and beyond<br />
Stanley F. Bergstein, Editor<br />
ANOTHER DAY, ANOTHER BILL<br />
With election day approaching, one can expect<br />
almost anything to be thrown into the legislative<br />
hopper, and sure enough, another Internet prohibition<br />
bill has surfaced in the U.S. Senate. This<br />
one comes from that hotbed <strong>of</strong> gaming, South<br />
Dakota, and was introduced by Senator Tim<br />
Johnson. As it is written, it would preclude racing<br />
doing everything it now does on the Internet,<br />
no exceptions, no exemptions for the Interstate<br />
Horse Racing Act or state law. Johnson says he<br />
is concerned about kids gambling, and what he<br />
proposes to do is amend the Wire Act <strong>of</strong> 1961 to<br />
make it specifically outlaw all Internet gambling.<br />
Bills like these may be nuisance items, but they<br />
are dangerous on their face, and one more concern<br />
for the industry.<br />
October 3, <strong>2002</strong><br />
EARLIER DATES AT PLAINRIDGE<br />
At least that’s the plan submitted to the Massachusetts<br />
Racing Commission by Plainridge Racecourse,<br />
which proposed to race from March to<br />
December in 2003. “We’re hoping to stretch our<br />
season to accommodate horsemen who faithfully<br />
support our racing,” general manager Steve<br />
O’Toole says, noting that while the track opted<br />
for a traditional mid-April to early November<br />
meeting it was acting on the wishes and representations<br />
made by Mike Perpall and Jim Hardy,<br />
representatives for the <strong>Harness</strong> Horsemen’s Association<br />
<strong>of</strong> New England. The Plainridge application<br />
now calls for racing to start on March<br />
31 and extend to Dec. 2, with live racing Mondays,<br />
Tuesdays and Saturdays and simulcasting<br />
seven days a week.<br />
MORE ON CHESTER PLANS<br />
Philadelphia Park has announced more details<br />
<strong>of</strong> its proposed thoroughbred track in Chester,<br />
PA, hard by a proposed harness track that also<br />
is on the drawing boards. Greenwood Racing,<br />
parent <strong>of</strong> Philadelphia Park, plans a 1,100-seat<br />
Imax theater, a 500-room hotel, three to five restaurants,<br />
and a concert and sports event amphitheater<br />
in addition to a five-eighths mile track.<br />
That’s a lot <strong>of</strong> building on a 90-acre site, but<br />
that’s what Philly Park told the Philadelphia Inquirer<br />
it is planning. Both the Philadelphia Park<br />
plan and the harness racing project backed by<br />
former Penn National and Pocono Downs executive<br />
Joe Lashinger Jr. hinge on the approval <strong>of</strong><br />
slots at tracks in Pennsylvania. Hal Handel,<br />
Philadelphia Park CEO, acknowledged that, saying,<br />
“obviously combining racing and gaming has<br />
a much better chance <strong>of</strong> being pr<strong>of</strong>itable,” and<br />
he said that if slots are not approved “it would b e<br />
difficult” to build the proposed track and<br />
entertainment center and make money on<br />
it. The project’s cost has been estimated at<br />
from $125 to $150 million.<br />
NAME SURFACES AT CAPITAL<br />
Although it has been announced that the race for<br />
a successor to president Tom Cholakis <strong>of</strong> HTA’s<br />
associate member Capital District OTB in New<br />
York has been narrowed to three candidates, no<br />
names had surfaced until now. The Schenectady<br />
Gazette now reports that one <strong>of</strong> the three finalists<br />
is Michael Connery, the Capital OTB representative<br />
from Essex county, who is a present<br />
member <strong>of</strong> the district’s board <strong>of</strong> directors. The<br />
newspaper says it is uncertain when the board<br />
will vote on a successor for Cholakis, but that it<br />
could do so as early as next month’s board meeting.<br />
CAL EXOTICS STILL POPULAR<br />
California’s Oak Tree thoroughbred meeting,<br />
which got underway yesterday at Santa Anita,<br />
features Pick Six and Pick Four wagering....with<br />
good cause. The association’s Pick Six last year<br />
averaged a $61,135 pay<strong>of</strong>f over 32 days, with<br />
five pay<strong>of</strong>fs over $100,000 and one paying<br />
$289,591. The track’s Pick Four also was<br />
attractive, averaging $3,423 a day.
HARNESS TRACKS OF AMERICA<br />
Executive Newsletter<br />
A daily fax and e-mail report on racing and gaming developments in North <strong>America</strong> and beyond<br />
Stanley F. Bergstein, Editor<br />
JON KYL RESURFACES<br />
You remember Jon Kyl, Arizona’s junior senator.<br />
He made big news four years ago with the<br />
Internet gambling ban that passed the Senate but<br />
died without a House vote. He surfaces from time<br />
to time when television cameras are around, and<br />
he is back now with a vengeance, vowing to attach<br />
Internet gambling prohibition to legislation<br />
currently in the Senate, and to get a vote before<br />
the current session ends. After the House passed<br />
the Leach bill on credit prohibitions by voice vote<br />
under suspension <strong>of</strong> the rules Tuesday, Kyl<br />
stepped back into the picture. “We were waiting<br />
for the House to act in order for the Senate to<br />
go,” a Kyl spokesman said, adding that Kyl had<br />
not decided whether to use the Leach bill or a<br />
Senate prohibition introduced by Tim Johnson<br />
<strong>of</strong> South Dakota as his platform. The spokesman<br />
said Kyl is leaning toward the Leach bill. A<br />
Johnson spokesman said Johnson prefers his bill<br />
that would amend the Wire Act, but is willing to<br />
work with Kyl. Nevada, meanwhile, is heard<br />
from in the form <strong>of</strong> Senator Harry Reid, who<br />
faces differing views from his Las Vegas constituents<br />
but has decided that “Internet gambling is<br />
uncontrollable and very bad for the country.”<br />
Reid is the Senate majority whip, and as such<br />
has a strong voice in which legislation comes to a<br />
vote in that chamber. He has said that although<br />
he supports a prohibition <strong>of</strong> Internet gaming, he<br />
doubts the Senate will vote on a ban this year.<br />
Kyl, however, seems determined to push a vote<br />
through in the next week or two. If he succeeds<br />
and George Bush signs the legislation, Internet<br />
gaming in the United States could be illegal by<br />
the end <strong>of</strong> the year. Racing has taken the view<br />
that it is insulated by the federal Horseracing Act<br />
<strong>of</strong> 1978 and protective language in the Leach legislation.<br />
Those who think Internet wagering<br />
is an important part <strong>of</strong> racing’s future<br />
have new cause for concern with Kyl ‘s return<br />
to the Internet scene.<br />
October 4, <strong>2002</strong><br />
SLOTS EDGE CLOSER IN PA<br />
With three track applications now on the table,<br />
legislators beginning to talk openly about slots,<br />
and both candidates for governor advocating<br />
slots at tracks, the odds for that development in<br />
Pennsylvania drop each day. The Philadelphia<br />
Inquirer has concluded that “the combination <strong>of</strong><br />
a budget crunch from the state’s slowing<br />
economy and the search for new funding sources<br />
for school financing may well prove to be irresistible<br />
to the state legislature.” The paper quoted<br />
the state’s House minority leader, Democrat H.<br />
William DeWeese, as saying, “We are now once<br />
again facing substantial revenue challenges in the<br />
state. They were daunting in June, and my guess<br />
is that in the next budget they will be staggering.<br />
Only the most myopic <strong>of</strong> people will not see the<br />
need for at least a modest expansion <strong>of</strong> gambling<br />
in Pennsylvania. I believe there is substantial<br />
agreement and momentum for slots at tracks.”<br />
ONE FOR DICK FRANCIS<br />
The English sure know how to instill mystery into<br />
racing. The latest fillip involves Jeremy Phipps,<br />
the director <strong>of</strong> security <strong>of</strong> Britain’s Jockey Club,<br />
who reportedly will be featured on Sunday<br />
night’s edition <strong>of</strong> Panorama, which is investigating<br />
racing in the British Isles. Phipps’ tenure<br />
may be brief, because while having a private dinner<br />
with his predecessor, Roger Buffham, he reportedly<br />
made disparaging remarks about the<br />
Jockey Club and some <strong>of</strong> its <strong>of</strong>ficials. Buffham<br />
was fired as director <strong>of</strong> security for the Jockey<br />
Club last year after an investigation involving<br />
gross misconduct, but, as it turns out, he now is<br />
a paid informer for Panorama and was wired for<br />
sound, recording Phipps’ conversation. The<br />
Jockey Club is mightily <strong>of</strong>fended that Panorama<br />
would stoop to such low tactics, but its executive<br />
director says Phipps has his “unqualified<br />
support.” At least until the Panorama<br />
show Sunday night.
HARNESS TRACKS OF AMERICA<br />
Executive Newsletter<br />
A daily fax and e-mail report on racing and gaming developments in North <strong>America</strong> and beyond<br />
Paul Joseph Estok, Editor<br />
POLL IN PA. SAYS GAMING OKAY<br />
According to a story in the Pittsburgh Post-Gazette,<br />
“a majority <strong>of</strong> Pennsylvania voters are open<br />
to the expansion <strong>of</strong> gambling in at least some form<br />
to provide more revenue for state programs.” Both<br />
candidates for governor, Republican Mike Fisher<br />
and Democrat Ed Rendell, have called for the legalization<br />
<strong>of</strong> gaming machines at racetracks, and<br />
a majority <strong>of</strong> those surveyed in the latest “Pennsylvania<br />
Poll” supported that position. As to other<br />
forms <strong>of</strong> gaming, a bare majority supported the<br />
expansion <strong>of</strong> gaming in forms such as riverboat<br />
casinos or statewide video keno. In each case,<br />
men favored gambling more than women, and<br />
Democrats more than Republicans. The Pennsylvania<br />
Poll was conducted for the Post-Gazette and<br />
the Philadelphia Inquirer by Mason-Dixon Polling<br />
and Research. It is based on interviews with<br />
registered voters who said they were likely to vote<br />
in the November election.<br />
GREENWOOD AND ROSECROFT?<br />
HTA member Rosecr<strong>of</strong>t Raceway might be sold<br />
to Greenwood Racing, the Pennsylvania company<br />
that owns Philadelphia Park and is a partner in the<br />
ownership <strong>of</strong> Freehold Raceway, despite a more<br />
substantial <strong>of</strong>fer from Magna Entertainment. The<br />
Cloverleaf Standardbred Owners Association<br />
(CSOA) board <strong>of</strong> directors will vote on the bids<br />
Oct. 17. The winning bidder must receive at least<br />
two-thirds <strong>of</strong> the votes <strong>of</strong> the 17-member board<br />
and the Maryland Racing Commission must also<br />
approve the deal. Although non-disclosure agreements<br />
prevent details from being made public, the<br />
Washington Post reports that Magna’s <strong>of</strong>fer includes<br />
$12 million up front and that Greenwood’s<br />
bid has a $10 million cash component. The Post<br />
quotes an unidentified CSOA board member<br />
as saying, “Magna <strong>of</strong>fered more<br />
money, but you have to look at everything.”<br />
According to the article, Magna’s bid<br />
to buy Rosecr<strong>of</strong>t may be hampered by its re-<br />
October 7, <strong>2002</strong><br />
lationship with the Maryland Jockey Club, owner<br />
<strong>of</strong> Pimlico and Laurel and a longtime adversary <strong>of</strong><br />
the state’s harness racing interests. “I personally<br />
would like to deal with Greenwood,” said CSOA<br />
board member Jackie Roe, who said relations with<br />
the thoroughbred industry embitter her. “When<br />
you try to run somebody else into the ground, you’ll<br />
have their animosity. None <strong>of</strong> the horsemen on<br />
the backstretch want to go with Magna. None <strong>of</strong><br />
them.” It is believed that while Greenwood has<br />
stronger support than Magna, it does not yet have<br />
enough votes on the CSOA board to carry the<br />
day. Rosecr<strong>of</strong>t management has told horsemen<br />
that if the track is not sold, race days and purses<br />
will be cut.<br />
MOHAWK TO WOODBINE SHIFT<br />
Beginning today, live harness racing action moves<br />
from Mohawk to Woodbine for the track’s 10-day<br />
Breeders Crown Championship Meet. The meet<br />
continues through Saturday, Oct. 19, the night <strong>of</strong><br />
the CN $5 million (est.) Breeders Crown. Racing<br />
will be conducted at Woodbine on Mondays,<br />
Tuesdays, Thursdays, Fridays and Saturdays with<br />
a 7:40 p.m. post time. The Breeders Crown<br />
eliminations for the continent’s 2- and 3-year-old<br />
pacers and trotters will take place on Thursday,<br />
Oct. 10 and Saturday, Oct. 12. The eight divisional<br />
championships will be held on Saturday, Oct. 19<br />
and will have a special 7:15 p.m. post time. <strong>Harness</strong><br />
racing action returns to Mohawk on Monday, Oct.<br />
21 and runs through Tuesday, Dec. 3.<br />
A CASINO FOR CHICAGO?<br />
Only three months after declaring that casino<br />
gambling is “not the right thing” for Chicago,<br />
Mayor Richard Daley might be ready to roll the<br />
dice after all. The Chicago Sun-Times reports that<br />
the mayor is seriously reconsidering his<br />
position in an effort to solve the city’s budget<br />
crisis.
HARNESS TRACKS OF AMERICA<br />
Executive Newsletter<br />
A daily fax and e-mail report on racing and gaming developments in North <strong>America</strong> and beyond<br />
Paul Joseph Estok, Editor October 8, <strong>2002</strong><br />
MICHIGAN TRACK REJECTED administrative judge. Indianapolis Downs is scheduled<br />
to open for business in December.<br />
Ingham County, Michigan, rejected the plans <strong>of</strong><br />
EQTAH, the company controlled by Andy Stronach<br />
In other business, the commission approved a general<br />
plan for dividing live harness dates next year<br />
(son <strong>of</strong> Magna Entertainment Chairman Frank<br />
Stronach), for a racetrack and entertainment center<br />
at the county fairgrounds in the city <strong>of</strong> Mason.<br />
between Indianapolis Downs and Hoosier Park.<br />
The plan calls for 150 days <strong>of</strong> harness racing, to<br />
The Lansing State Journal reports that <strong>of</strong>ficials<br />
be <strong>of</strong>fered in the late winter and early spring at<br />
from Ingham County, the fairgrounds and city met<br />
Hoosier and during the summer and fall at Indianapolis<br />
Downs. There also will be 100 days <strong>of</strong> thor-<br />
with EQTAH, which had proposed building a racetrack,<br />
simulcast facility, sports bar, theme restaurants<br />
and arcade. “We’re not interested,” county<br />
oughbred and quarter horse racing, with a spring<br />
meet at Indianapolis Downs and fall meet at Hoosier<br />
Park.<br />
commissioner Mary Stid said after the meeting.<br />
“We don’t have the space for something like this,<br />
and then there’s the moral issue.” EQTAH proposed<br />
the Mason site as an alternative to its original<br />
plan for a track in Wheatfield Township. While<br />
the Wheatfield proposal is still pending, a citizen’s<br />
group has already opposed the plan with a campaign<br />
that includes yard signs, t-shirts, letters and<br />
e-mails.<br />
INDIANA DISPUTE CONTINUES<br />
The Indiana Racing Commission on Monday voted<br />
4-1 to expand its investigation into Indianapolis<br />
Downs and its contacts with consultants and commission<br />
members. “If there are things that need<br />
investigating further, we should investigate it,” said<br />
Commissioner Pete Beck. Joe Gorajec, the<br />
commission’s executive director, already has recommended<br />
that the track be fined $1.2 million for<br />
failure to disclose its relations with Larry Mohr, a<br />
paid consultant and lobbyist. The track has said it<br />
met all reporting requirements, and has filed affidavits<br />
from two former commissioners accusing<br />
Gorajec <strong>of</strong> being biased against the track, according<br />
to the Associated Press. The dispute between<br />
the track and commission was pending be-fore<br />
Administrative Law Judge Bernard Pylitt,<br />
but the commission voted Monday to remove<br />
him from the case and appoint a new<br />
CORRUPTION DISPUTED IN G.B.<br />
Great Britain’s thoroughbred horse racing industry<br />
defended itself Monday against allegations <strong>of</strong><br />
widespread corruption detailed in a BBC television<br />
documentary. The British sports minister, Richard<br />
Caborn, also gave his “full support.” In the<br />
“Panorama” program aired in England Sunday<br />
night, the former head <strong>of</strong> security for the Jockey<br />
Club, Roger Buffham, said “a whole generation <strong>of</strong><br />
National Hunt (steeplechase) jockeys had close<br />
links to organized crime.” Buffham, who worked<br />
with the Jockey Club for nine years before being<br />
fired last year for misconduct, was the key witness<br />
interviewed in the “The Corruption <strong>of</strong> Racing”<br />
documentary. Jockey Club spokesman Jahn<br />
Maxse said Monday that Buffham has an “ax to<br />
grind.... We are a very active regulator and when<br />
there is evidence we will bring charges against<br />
those who have corrupted the sport. While there<br />
is betting there will be those seeking unfair<br />
advantage and I wouldn’t want to claim racing is<br />
crime-free. Racing on the whole is a clean sport.”<br />
Caborn said he would meet with the Jockey Club<br />
to see if any further anti-corruption safeguards<br />
were needed. The program detailed alleged links<br />
between organized crime and top jockeys,<br />
as well as other allegedly corrupt practices.
HARNESS TRACKS OF AMERICA<br />
Executive Newsletter<br />
A daily fax and e-mail report on racing and gaming developments in North <strong>America</strong> and beyond<br />
Paul Joseph Estok, Editor October 9, <strong>2002</strong><br />
GEMSTAR CEO QUITS<br />
BATAVIA GRAND RE-OPENING!!!<br />
In a long-expected shake-up, Gemstar-TV Guide The grand re-opening <strong>of</strong> HTA member Batavia<br />
International <strong>Inc</strong>. founder and chief Henry Yuen Downs happens tonight as Western Regional Offresigned<br />
Tuesday, leaving with a $22 million payout<br />
and handing potentially lucrative intellectual a cocktail reception for 400 guests, including HTA<br />
Track Betting Corporation (WROTB) <strong>of</strong>ficials host<br />
property rights to the maker <strong>of</strong> TV show guides. Executive Vice President Stan Bergstein. In addition<br />
to fine dining, the new clubhouse also <strong>of</strong>fers<br />
Yuen was immediately replaced by Gemstar’s<br />
Chief Operating Officer Jeff Shell, who was brought state-<strong>of</strong>-the-art computerized table-side betting.<br />
to the troubled company, which is the parent company<br />
<strong>of</strong> the TVG Network, by Rupert Murdoch’s High School Band, under the direction <strong>of</strong> Don<br />
On hand for tonight’s festivities will be the Attica<br />
News Corp. Ltd., a 42-percent Gemstar owner, as Rogers, and Justine Bateman will sing the National<br />
Anthem. Live music and other entertain-<br />
the company’s difficulties mounted over the last<br />
year. According to a statement by Gemstar, Yuen ment will continue throughout the week. Post time<br />
remains as Gemstar chairman, but only in a nonexecutive<br />
capacity. In addition, Yuen’s longtime<br />
is 7:35.<br />
friend and colleague, Chief Financial Officer Elsie PA. POL WANTS SLOTS ACTION<br />
Leung, resigned and will be replaced by News A Democratic state legislator yesterday urged the<br />
Corp. finance executive Paul Haggerty, who will Pennsylvania House to move forward with a<br />
be acting CFO while Gemstar looks for a permanent<br />
replacement. Leung received a $7 million machines at the Keystone State’s four horse racing<br />
proposal he introduced a year ago to legalize slot<br />
severance payment and like Yuen will remain a tracks. Rep. Thomas Petrone’s bill has seen no<br />
board member, Gemstar said. The moves had been movement since it was assigned to the House<br />
anticipated after Gemstar suffered a string <strong>of</strong> legal<br />
setbacks in recent months concerning patents racetracks to apply for slot machine licenses if<br />
Finance Committee. The bill would allow<br />
for television program guides. In addition, voters in the counties where they are located<br />
Gemstar revealed in August that it would reverse support legalization in a referendum. “The modest<br />
$20 million in 2001 sales and review its accounting<br />
procedures. Later that month, Gemstar’s top help turn things around for the industry, the Lottery<br />
expansion <strong>of</strong> gaming my legislation proposes would<br />
<strong>of</strong>ficers failed to certify recent financial reports Fund and the economy,” said Petrone. But Steve<br />
for the U.S. Securities and Exchange Commission Miskin, spokesman for House Majority Leader<br />
and Nasdaq notified the company it was considering<br />
delisting Gemstar shares from its stock mar-<br />
expect to consider any proposals to expand gaming<br />
John M. Perzel, said legislative leaders do not<br />
ket system. Gemstar shares began <strong>2002</strong> at around until after the Nov. 5 election. The legislative<br />
$28 but have lost more than 90 percent <strong>of</strong> their session ends Nov. 30.<br />
value. On Tuesday, they ended the trading day at<br />
STRONACH BUYS MORE MAGNA<br />
$2.59 per share. Yuen will continue working with<br />
Magna Entertainment Chairman Frank Stronach<br />
Gemstar’s program guides and technologies, and<br />
bought 1,852,450 shares <strong>of</strong> stock in the company<br />
he agreed to assign the company all intellectual<br />
property for company businesses<br />
at prices between $3.40 and $4.92 in August and<br />
early September, to hold a total <strong>of</strong> 3,434,050<br />
he has developed or will develop.<br />
shares in the racetrack and real estate<br />
conglomerate.
HARNESS TRACKS OF AMERICA<br />
Executive Newsletter<br />
A daily fax and e-mail report on racing and gaming developments in North <strong>America</strong> and beyond<br />
Paul Joseph Estok, Editor October 10, <strong>2002</strong><br />
CANTERBURY WANTS A CASINO<br />
Canterbury Park in Shakopee, Minn., on Wednesday<br />
announced that it plans to seek state approval<br />
to add casino gaming to its product mix. The<br />
Canterbury Park Holding Corporation, which owns<br />
the facility, said it wants to build a 100,000 square<br />
foot hotel and slot machine parlor next to the current<br />
grandstand. But according to the Minneapolis<br />
Star Tribune, opposition from the bar industry,<br />
other casinos and legislators concerned about gambling<br />
expansion in the state could make the plan<br />
for Canterbury difficult to achieve. “They’re going<br />
to have an uphill battle,” said state Sen. John<br />
Marty. Canterbury’s plans also call for adding a<br />
horse arena and agricultural exposition building<br />
on the track’s 367 acres. The estimated $50 million<br />
cost <strong>of</strong> the projects would be financed by Canterbury<br />
Park Holding, said CEO Randy Sampson.<br />
Canterbury <strong>of</strong>ficials estimate that putting 1,750<br />
machines at the track would provide at least $55<br />
million in taxes in the first year and mean 1,000<br />
full- and part-time jobs. The sweeping venture<br />
would require legislation or a public vote on a constitutional<br />
amendment to permit casino gaming.<br />
Sampson said Canterbury hopes to get a bill introduced<br />
in the 2003 legislative session or to put the<br />
issue on the ballot in 2004. Marty said many legislators<br />
have opposed expanding gambling for several<br />
years. “As one who would like to see us cut<br />
back on gambling, I wouldn’t be enthusiastic about<br />
this. I would think other legislators would have<br />
similar concerns.” John McCarthy, executive director<br />
<strong>of</strong> the Minnesota Indian Gaming Association,<br />
said his organization opposes any gambling<br />
expansion in Minnesota. “My sense is that this<br />
will help the private industry folks that own the<br />
park far more than it will the state,” McCarthy<br />
said. One legislator who voiced support for<br />
the proposal said, “With the state facing<br />
a budget shortfall, creative ideas like these<br />
are needed.”<br />
SATURDAY’S FAMILY DAY AT PRAIRIE<br />
This Saturday’s Family Day festivities at Prairie<br />
Meadows take a spirited, educational look at<br />
Iowa’s long tradition <strong>of</strong> harness racing. The Oct.<br />
12 celebration, co-sponsored by HTA member Prairie<br />
Meadows and the Iowa <strong>Harness</strong> Horsemen’s<br />
Association (IHHA), is free to the public and is<br />
designed to highlight the bond between families<br />
and horses. From 4 p.m. to 7 p.m. patrons can<br />
have their photos taken with Blackie, a life-sized<br />
model <strong>of</strong> a harness horse. “Family Day gives young<br />
people an opportunity to associate with horses,”<br />
said Judy Roland, a Family Day committee member.<br />
Racing begins Saturday at 4:30 p.m., day four<br />
<strong>of</strong> Prairie’s 20-day harness racing season, which<br />
runs through November 9.<br />
WYNN PITCHING STOCK<br />
Las Vegas Strip and Atlantic City developer Steve<br />
Wynn began pitching stock in Wynn Resorts<br />
Monday after the U.S. Securities and Exchange<br />
Commission (SEC) granted the company<br />
permission. Wynn Resorts expects to begin<br />
construction later this month on his $1.85 billion<br />
Le Reve megaresort, the company noted in a<br />
Monday SEC filing. Wynn waited for several<br />
months for the SEC to approve the company’s<br />
application to sell stock to the public. Now that<br />
the IPO has received tentative approval, the<br />
company expects to raise about $450 million<br />
through the sale <strong>of</strong> almost 20.5 million shares at<br />
about $22 each. For now, Wynn is able to pitch his<br />
stock to institutional investors, but pundits believe<br />
the SEC will grant final approval <strong>of</strong> the IPO in about<br />
two weeks, and public trading <strong>of</strong> the stock would<br />
begin then once an initial price is set. Money<br />
raised by the IPO would be augmented by a $340<br />
million second mortgage on Le Reve’s Desert Inn<br />
site. The company also plans to borrow $1<br />
billion from a consortium investment banks.
HARNESS TRACKS OF AMERICA<br />
Executive Newsletter<br />
A daily fax and e-mail report on racing and gaming developments in North <strong>America</strong> and beyond<br />
Stanley F. Bergstein, Editor<br />
CHARLES DAY DEAD AT 73<br />
Charles E. Day, one <strong>of</strong> New England’s best known<br />
harness racing figures, died Wednesday, a day after<br />
his car rolled over in a one-car accident in<br />
Monmouth, Maine. Day, 73, was the former CEO<br />
<strong>of</strong> Lewiston Raceway, a major owner in an earlier<br />
day in harness racing, and a highly successful entrepreneur<br />
who founded and operated a wide variety<br />
<strong>of</strong> companies up and down the east coast. His<br />
best known horses were the half-mile track world<br />
champion and sire Falcon Seelster, and two million-dollar<br />
winners, the pacers <strong>Inc</strong>redible Finale<br />
and Pacific, which Day co-owned with George<br />
Steinbrenner. Funeral services were held today<br />
at the Temple Sholom Synagogue in Auburn,<br />
Maine.<br />
NTRA, CUP FLEX MUSCLES<br />
When you’ve got it, flaunt it, and the powerful partnership<br />
<strong>of</strong> Breeders’ Cup Ltd. and the National<br />
Thoroughbred Racing Association is making sure<br />
its monies go to racetracks that belong to NTRA.<br />
John Harrell, writing in the Louisville Courier-<br />
Journal, says Breeders’ Cup is threatening to withdraw<br />
the very substantial financial support it provides<br />
to tracks to enhance their stakes programs<br />
unless they join or rejoin the NTRA. Harrell<br />
quoted Charles J. Cella, president <strong>of</strong> Oaklawn<br />
Park in Hot Springs, AR, as saying he plans to<br />
rejoin after two years <strong>of</strong> non-membership because<br />
he is being pressured by the Breeders’ Cup-NTRA<br />
membership requirement. Tampa Bay Downs,<br />
whose horsemen do not belong to NTRA, also announced<br />
it was rejoining, but GM Peter Berube,<br />
in announcing the decision to recommit, declined<br />
to comment when asked if the Breeders’ Cup had<br />
discussed withdrawing its funds from his Breeders’<br />
Cup special stakes, a race that receives<br />
$35,000 in Cup money. A Breeders’ Cup<br />
spokesman said it made no sense for the<br />
Cup to fund stakes at non-member tracks.<br />
October 11, <strong>2002</strong><br />
NEW HIPPODROME HIERARCHY<br />
Jean-Pierre Lareau has left Hippodrome de<br />
Montreal as general manager and reportedly may<br />
take up a new career as an agent representing<br />
major league hockey players. The new top executives<br />
representing SONACC at the Montreal track<br />
are Denis Gauthier, president chairman <strong>of</strong> the<br />
board; Constant Bergeron, president; and<br />
Stephane Bibeau, executive vice president and<br />
CEO. Yvon Giguere, who has served as the track’s<br />
alternate director on the HTA board, remains as<br />
simulcast and data system manager for SONACC<br />
and its subsidiary companies.<br />
DON’T MESS WITH THIS DRAW<br />
When post positions are drawn for Woodbine<br />
Entertainment’s $7 million Breeders Crown events<br />
next Tuesday, owners and trainers better take what<br />
they get without moaning or complaining. The special<br />
guest drawmaster will be Lennox Lewis, undisputed<br />
heavyweight champion <strong>of</strong> the world.<br />
Lewis, raised in nearby Kitchener, Ontario, but now<br />
living in England, has recorded 31 knockouts<br />
among his 40 boxing victories, and gained innumerable<br />
new fans last June 8 by disposing <strong>of</strong> Mike<br />
Tyson by knockout in eight rounds. We suggest if<br />
you draw the outside in any <strong>of</strong> the Crowns, just<br />
walk away quietly and tell the wife life’s terrible.<br />
HIGH STAKES IN WASHINGTON<br />
The state <strong>of</strong> Washington, faced with a $2 billion<br />
budget shortfall, is considering breaking the Indian<br />
monopoly on slots in the state and opening<br />
the gates to 37,000 machines in bars, card rooms,<br />
restaurants, bingo halls and racetracks. Indian<br />
tribes naturally are fighting the proposal vigorously,<br />
but one Seattle legislator said he thought a<br />
lot <strong>of</strong> legislators “will be holding their nose with<br />
one hand while they push the yes button with<br />
the other.”
HARNESS TRACKS OF AMERICA<br />
Executive Newsletter<br />
A daily fax and e-mail report on racing and gaming developments in North <strong>America</strong> and beyond<br />
Stanley F. Bergstein, Editor October14, <strong>2002</strong><br />
WISCONSIN DOGS BARKING Charles Town purses, which averaged between<br />
Not only barking, but barking loudly, trying to take $30,000 and $40,000 a day pre-slots, now average<br />
their case against Indian gambling directly to the between $130,000 and $140,000 a day. Some 5,500<br />
Wisconsin Supreme Court. Lawyers for Dairyland <strong>of</strong> the track’s 25,000 Saturday attendees are racing<br />
fans, and 2,000 <strong>of</strong> the 12,500 on weekdays.<br />
Greyhound Park asked the state’s highest court<br />
last Friday to take the case, which seeks to stop Washington Post columnist Andy Beyer, commenting<br />
on the devastating effect West Virginia racing<br />
the governor from renewing tribal gaming compacts.<br />
The track scored an appeals court victory with slots has had on Maryland’s non-slots racing,<br />
last month when that tribunal overturned a county noted that purses for last Saturday night’s eight<br />
court judge’s dismissal <strong>of</strong> the suite and sent it back West Virginia Breeders’ Classics totaled $850,000,<br />
to the trial court, but Dairyland says it doesn’t have and $5,000 claimers raced for a $14,700 purse last<br />
enough time to litigate the dispute before gambling week.<br />
agreements come up for renewal in mid-February,<br />
2003, and it wants the Supreme Court to accept<br />
the case and cut short the appeals process. As<br />
matters now stand, if Wisconsin’s governor does<br />
not give a notice <strong>of</strong> non-renewal by the mid-February<br />
date, the compact automatically renews for<br />
another five years.<br />
REALITY IN WEST VIRGINIA<br />
If there are doubters out there who still question<br />
what slots can do for racetracks, today’s lesson is<br />
West Virginia, or more specifically Charles Town<br />
Races in that state. The track draws 25,000 on<br />
Saturdays, approximately half <strong>of</strong> that on weekdays,<br />
and most <strong>of</strong> them are not West Virginians.<br />
Charles Town says 36% come from Virginia, 34%<br />
from Maryland, 17% from Pennsylvania, 6% from<br />
the Washington DC area, and the remaining 7%<br />
from West Virginia. Gross revenues last year were<br />
$7.8 million from racing, $81.3 million from slots.<br />
Each <strong>of</strong> the track’s 2,567 slots averages $267 a<br />
day, and Charles Town is just one <strong>of</strong> four state<br />
tracks with slot machines. Overall, West Virginia<br />
tracks and horsemen shared $344 million last year,<br />
58% <strong>of</strong> the state total, with $256 million going to<br />
the tracks and $74 million to purses. Another<br />
$14 million went to track improvements.<br />
Maryland’s problems are not limited to West Virginia<br />
purses. A Post story this morning says that<br />
1.2 million Marylanders visit Delaware casinos<br />
each year, and that to protect that advantage Delaware<br />
is considering pr<strong>of</strong>essional sports betting to<br />
its wagering menu. State representative Bill<br />
Oberle, who has spoken at HTA meetings and was<br />
instrumental in getting slot legislation introduced<br />
in Delaware, is supporting the idea, saying, “Once<br />
you’re in the gaming business, quite honestly, you<br />
have competition to think about.”<br />
ALL STOCKS ARE NOT DOWN<br />
Perhaps the least likely source to tout Las Vegas<br />
stock -- Fortune magazine -- gave the gambling<br />
stocks a thumbs up this month, noting that while<br />
the S&P has plummeted 27% this year, Mandalay<br />
stock is up 63%, Harrah’s is up 29%, and MGM<br />
Mirage is up 28%. Fortune says the reason for<br />
the hot streak is simple: business is booming.<br />
BROWN WINS 3-WAY RACE<br />
Breeder Martha Brown <strong>of</strong> Walnut Hall Stud is returning<br />
to the USTA board <strong>of</strong> directors. Mrs.<br />
Brown defeated incumbent Brooks Wells and fellow<br />
breeder Alan J. Leavitt in the District 6 elections<br />
in Lexington, KY.
HARNESS TRACKS OF AMERICA<br />
Executive Newsletter<br />
A daily fax and e-mail report on racing and gaming developments in North <strong>America</strong> and beyond<br />
Stanley F. Bergstein, Editor<br />
A TRACK MAGNA ISN’T BUYING<br />
Now this is news! Racing writer Ed Gray reports<br />
in the Boston Herald on a track that Magna Entertainment<br />
is not buying, or even leasing. Gray<br />
writes in today’s editions that talks have broken<br />
<strong>of</strong>f between Magna and Suffolk Downs, and that<br />
Magna has notified Suffolk president John Hall<br />
that it is withdrawing from discussions. The <strong>of</strong>ficial<br />
announcement came from Suffolk COO Bob<br />
O’Malley, who was not directly involved in the long<br />
and difficult negotiations that covered a two-year<br />
span. Magna boss Frank Stronach had indicated<br />
interest in completing the deal after his Macho<br />
Uno won the Massachusetts Handicap on June 1,<br />
but Suffolk chairwoman Patricia Moseley, among<br />
others, opposed the lease, which would have given<br />
Magna an XpressBet outlet in the northeast.<br />
A DISSENTER IN DETROIT<br />
Michigan racing faces an uphill battle as it is for<br />
slots, and the cause was not helped yesterday when<br />
one <strong>of</strong> the state’s major harness tracks, Hazel<br />
Park, announced that it opposes a set <strong>of</strong> state bills<br />
proposing slots at tracks because they are linked<br />
to <strong>of</strong>f-track betting and account wagering, which<br />
Hazel does not want. Dan Adkins, vice president<br />
<strong>of</strong> Hazel Park track operations, said the track opposes<br />
OTB and telephone betting because it feels<br />
they would further diminish on-track attendance.<br />
“We have no interest in either,” Adkins says. “The<br />
ability <strong>of</strong> people to wager from home is what the<br />
state wants. We feel we’re better <strong>of</strong>f having more<br />
gaming at the track.” Hazel, like other Michigan<br />
tracks, has been impacted heavily by casinos in<br />
Detroit, and the decision to oppose bills that propose<br />
VLTs, card rooms, OTB and account wagering<br />
seems a clear blow to pending legislation that<br />
one sponsor says already “will be a struggle t o<br />
get out <strong>of</strong> the House and a struggle to get<br />
into the Senate.”<br />
October 15, <strong>2002</strong><br />
Michigan’s budget, like that <strong>of</strong> many if not most<br />
states, is in serious trouble, and to complicate the<br />
issue 56 House members, 27 senators and a new<br />
governor are up for election next month. Hazel<br />
Park’s Adkins thinks the track is doing “OK” as it<br />
is, but live and simulcast handle declined $5.2 million<br />
in the past year and little has been done to<br />
renovate or update the physical plant.<br />
ANDOVER HALL INJURED<br />
Andover Hall, harness racing’s undisputed king<br />
<strong>of</strong> 2-year-old trotters last year when he won 8 <strong>of</strong> 9<br />
races, but star-crossed in <strong>2002</strong>, has suffered another<br />
setback, this one ending his <strong>2002</strong> season.<br />
The handsome big colt, preparing for Saturday’s<br />
$542,500 Breeders Crown trot for 3-year-olds,<br />
jumped a fence, or at least cleared part <strong>of</strong> it, and<br />
ran down one <strong>of</strong> Toronto’s busiest highways, route<br />
401, before being corralled. He suffered cuts to<br />
his front legs and a more serious injury to his right<br />
hind leg, and trainer Bob Stewart says there is no<br />
chance he will race again this year. The colt, owned<br />
by Erkki Laakkonen <strong>of</strong> Georgetown, Ontario, has<br />
won $875,047, including the $550,000 World Trotting<br />
Derby in Du-Quoin, Illinois, August 31. Owner<br />
Laakkonen and trainer Stewart have some consolation,<br />
since their 3-year-old trotting filly Cameron<br />
Hall is the morning line favorite for the $542,500<br />
Breeders Crown for that division Saturday.<br />
ANOTHER YEARLING SALE UP<br />
Despite declines in the major thoroughbred yearling<br />
sales this year, the upwards trend <strong>of</strong> standardbred<br />
prices continues. After healthy increases at<br />
the Tattersalls and Kentucky Standardbred sales<br />
in Lexington, KY, the Chesapeake Yearling Sale<br />
at Rosecr<strong>of</strong>t Raceway sponsored by the Maryland<br />
Standardbred Breeders Assn. posted a 69.7%<br />
increase over 2001 average price and was up<br />
23% over its previous record average price<br />
year in 2000.
HARNESS TRACKS OF AMERICA<br />
Executive Newsletter<br />
A daily fax and e-mail report on racing and gaming developments in North <strong>America</strong> and beyond<br />
Stanley F. Bergstein, Editor<br />
ROSEMONT BACK IN PICTURE<br />
If municipal awards for persistence are handed out,<br />
the donors should consider Donald E. Stephens,<br />
the combative mayor <strong>of</strong> Chicago’s northwest suburb<br />
<strong>of</strong> Rosemont. Crushed when the Emerald casino<br />
project went up in legal smoke, he announced<br />
Rosemont would not engage in a court auction for<br />
the 10th and final gambling license in Illinois. Now<br />
that he has thought about it for a while, he is back<br />
in the fray, announcing, “We’re not going to walk<br />
away.” Stephens told the Chicago Sun-Times that<br />
Rosemont will compete full speed ahead for the<br />
casino, and indeed he has some compelling arguments<br />
that may make big gambling companies give<br />
his town serious thought. For one thing, Rosemont<br />
already built a $45 million parking garage for the<br />
casino, and has another $35 million or so invested<br />
in the foundation and steel skeleton <strong>of</strong> the doomed<br />
Emerald itself. “Why would the new owners want<br />
to walk away from $70 million to $80 million and<br />
put the thing in Calumet City or Summit (two other<br />
Chicago suburbs?” he asked, and on the face <strong>of</strong> it<br />
the question appears valid. One answer might be<br />
provided if Richard Daley II, mayor <strong>of</strong> Chicago,<br />
stops musing about the idea <strong>of</strong> allowing the casino<br />
in Chicago itself and decides to go for it. As for<br />
Stephens, he told the Sun-Times that although he<br />
thinks the proposed settlement arrangement under<br />
which Emerald’s management will name a sales<br />
agent to oversee the bidding and submit a bankruptcy<br />
reorganization plan is illegal, he says he<br />
will go along with the court’s orders as long as<br />
Rosemont is reimbursed for the parking garage<br />
and other potential revenues it could have received<br />
if the Emerald deal had gone through. The next<br />
chapter in the drama comes Oct. 31, when the<br />
bankruptcy matter comes up in court. The final<br />
word rests with the state Gaming Board, which<br />
must approve the winning bidder and location.<br />
October 16, <strong>2002</strong><br />
ADW NUMBERS IN CALIFORNIA<br />
Advance Deposit Wagering, as California calls its<br />
telephone betting, now has eight months <strong>of</strong> experience<br />
behind it, and enough <strong>of</strong> a pattern has been<br />
established to get an idea <strong>of</strong> what’s what and who’s<br />
who. Total ADW wagering in the first eight months<br />
was $121.4 million, or 6.8% <strong>of</strong> the $1.78 billion<br />
total betting ontrack, <strong>of</strong>ftrack and by ADW. TVG<br />
leads the parade among the three suppliers, averaging<br />
$2,079,279 a week in bets. Youbet has<br />
climbed to second place, averaging $1,238,106,<br />
and Magna’s Xpressbet is handling $256,773 a<br />
week.<br />
BAD NEWS FOR AZ TRACKS<br />
With a critical election on slots at tracks coming<br />
up next month, Arizona’s racetracks suffered a<br />
damaging blow this morning when the Arizona<br />
Republic in Phoenix, the state’s biggest newspaper<br />
with a circulation <strong>of</strong> almost 500,000 daily,<br />
printed a major story on the use <strong>of</strong> live rabbits as<br />
lures in training racing greyhounds. The paper<br />
said state regulators had banned greyhound owner<br />
and breeder Gregory Wood after finding at least<br />
180 rabbits in his kennels in Maricopa. The story,<br />
following an earlier incident in which criminal<br />
charges were filed against a Prescott-area man for<br />
dumping dead racehorses in the Prescott National<br />
Forest, is certain to set back the campaign <strong>of</strong> tracks<br />
for Proposition 201, which would give Arizona<br />
tracks slots along with the state’s numerous Indian<br />
tribes. The chairman <strong>of</strong> the Arizona Greyhound<br />
Protection Alliance, Stephanie Nichols-<br />
Young, was quick to take advantage <strong>of</strong> the story.<br />
She told the Republic, “We formed our political<br />
committee because we felt a cruel industry<br />
shouldn’t be rewarded with slot machines.” A<br />
spokeswoman for the Arizona Racetrack Alliance,<br />
trailing in polls, tried for damage control by announcing<br />
that Wood was “barred and banned<br />
forever” from racing at Phoenix Greyhound<br />
Park.
HARNESS TRACKS OF AMERICA<br />
Executive Newsletter<br />
A daily fax and e-mail report on racing and gaming developments in North <strong>America</strong> and beyond<br />
Stanley F. Bergstein, Editor<br />
ROSECROFT DECISION TODAY<br />
The stockholders <strong>of</strong> the Cloverleaf Standardbred<br />
Owners’ Association, owners <strong>of</strong> Rosecr<strong>of</strong>t Raceway,<br />
meet at 2 p.m. today at the track to determine<br />
the winner in the three-way competition to<br />
buy the track. Magna Entertainment, Greenwood<br />
Racing and Centaur, <strong>Inc</strong>. have made bids, and the<br />
horsemen who constitute Cloverleaf will select<br />
their preferred buyer this afternoon. The sale will<br />
usher in a new era for Rosecr<strong>of</strong>t, which since its<br />
purchase by Cloverleaf has been the nation’s only<br />
major track owned by horsemen. Cloverleaf members<br />
were urged to attend today’s session by president<br />
Tom Winebrenner, who told them “the meeting<br />
will pr<strong>of</strong>oundly affect your future in harness<br />
racing.”<br />
NJSEA CHANGES BID RULES<br />
With only a week remaining before six developers<br />
are due to make presentations to the New Jersey<br />
Sports and Exposition Authority, they have<br />
been told there are new guidelines on what portions<br />
<strong>of</strong> the Sports Complex they can develop.<br />
NJSEA CEO George Z<strong>of</strong>finger told the six in a<br />
letter delivered yesterday that they could propose<br />
construction only on the site <strong>of</strong> the present Continental<br />
Airlines Arena and its parking lot, and not<br />
touch the area that lies to the west across route<br />
120, which acts as a dividing line between the arena<br />
and the Meadowlands Racetrack and Giants Stadium.<br />
According to the Newark Star-Ledger, the<br />
change will require four <strong>of</strong> the six developers to<br />
redraw their proposals for family entertainment<br />
complexes submitted last month. At least one <strong>of</strong><br />
the planners, the partnership <strong>of</strong> Hartz Mountain<br />
Industries and Forest City Ratner, had included<br />
an ornate bridge across route 120 connecting a<br />
convention center and 4 million square feet o f<br />
<strong>of</strong>fice space, movie theaters, restaurants,<br />
retail shops and an extreme sports arena.<br />
Those plans obviously will have to be scaled<br />
back.<br />
October 17, <strong>2002</strong><br />
Z<strong>of</strong>finger told the Star-Ledger that the changes<br />
became necessary when executives <strong>of</strong> the Giants<br />
and Jets told him they would not approve any development<br />
that interfered with their rights to 24,400<br />
surface parking spaces for cars and buses around<br />
Giants stadium.<br />
SPRINKLERS AT THE MEADOWS<br />
The Meadows dedicated a new concrete block barn<br />
yesterday, replacing the one in which a fire killed<br />
28 horses on July 6, 2001, and announced that it<br />
and all other barns on the backstretch will be<br />
equipped with sprinklers. The new barn was built<br />
with them installed, and vice president Mike<br />
Jeannot says the track plans to install sprinklers<br />
in 11 other barns over the next several months,<br />
and the remaining half <strong>of</strong> the track’s barns next<br />
year. In a survey <strong>of</strong> 17 tracks by the Pittsburgh<br />
Post-Gazette, 10 said they had sprinkler systems,<br />
2 said they did not, and 5 did not return the<br />
newspaper’s telephone calls. Great public relations.<br />
The Meadows had to install new water and<br />
sewage lines to reach its new 38-stall barn, which<br />
was built for a total cost, including the new lines,<br />
<strong>of</strong> $382,000. A state representative who also is<br />
the assistant fire chief <strong>of</strong> nearby Canonsburg, along<br />
with the fire chief who was the first firefighter on<br />
the scene last year, and the president <strong>of</strong> the Meadows<br />
Standardbred Owners Association all joined<br />
Jeannot in yesterday’s dedication ceremony.<br />
MGM MIRAGE SHIFTS FOCUS<br />
MGM Mirage announced yesterday that it is abandoning<br />
its plan to build a $1.5 billion megaresort in<br />
Atlantic City, and will use the cash instead for other<br />
development opportunities in the northeast and in<br />
Great Britain. The company still has a half billion<br />
dollar investment in the Borgata, currently under<br />
construction in Atlantic City, so it hardly is abandoning<br />
the resort.
HARNESS TRACKS OF AMERICA<br />
Executive Newsletter<br />
A daily fax and e-mail report on racing and gaming developments in North <strong>America</strong> and beyond<br />
Stanley F. Bergstein, Editor<br />
ROSECROFT SOLD TO CENTAUR<br />
It took 10 1/2 hours and 10 ballots to do it, but the<br />
stockholders <strong>of</strong> Cloverleaf Enterprises <strong>Inc</strong>., owners<br />
<strong>of</strong> Rosecr<strong>of</strong>t Raceway, voted at 12:35 this<br />
morning to sell the track to Centaur <strong>Inc</strong>. The Indiana-based<br />
company is part owner <strong>of</strong> Hoosier<br />
Park in Indiana, and earlier this week bought<br />
Harveys Wagon Wheel Hotel and Casino in Central<br />
City, Colorado, from Harrah’s Entertainment.<br />
The company also has an interest in an Indian casino<br />
near Palm Springs, California. Its president,<br />
Jeff Smith, formerly with Churchill Downs, is a<br />
member <strong>of</strong> <strong>Harness</strong> <strong>Tracks</strong> <strong>of</strong> <strong>America</strong>’s board and<br />
executive committee.<br />
When Cloverleaf voted to sell the track last month,<br />
it narrowed the choices to Centaur, Greenwood<br />
Racing and Magna Entertainment, and stipulated<br />
that a two-thirds vote <strong>of</strong> the board -- or 12 votes -<br />
- would be needed to win the competition. At<br />
yesterday’s marathon meeting, which was recessed<br />
after four hours to give its horsemen members time<br />
to race on Rosecr<strong>of</strong>t’s live card last night and then<br />
resumed following the racing card, neither Magna<br />
nor Greenwood could muster the necessary 12<br />
votes. In a compromise hammered out after nine<br />
tries, the board voted 13-4 to sell to Centaur for<br />
$55.4 million, <strong>of</strong> which $10 million was for the track<br />
and $45.4 million was for guaranteed purses for<br />
the next 10 years. Under Centaur’s <strong>of</strong>fer and with<br />
the racing commission’s approval, Rosecr<strong>of</strong>t will<br />
race 160 days a year for purses <strong>of</strong> some $62,000 a<br />
night, as opposed to the current nightly purse average<br />
<strong>of</strong> roughly $47,000. Tom Chuckas Jr., who<br />
ran the track for Cloverleaf and was lauded by<br />
management for the job he has done, also was instrumental<br />
in handling negotiations for the sale,<br />
and said after the smoke had cleared, “Compromise<br />
was the operative word here.<br />
Centaur stepped up and provided the<br />
horsemen with the concessions<br />
October 18, <strong>2002</strong><br />
that they wanted to get the deal done. It is as<br />
simple as that.”<br />
Jeff Smith, speaking for Centaur, said, “We are<br />
very excited about the future <strong>of</strong> Rosecr<strong>of</strong>t. We<br />
are looking forward to working with the horsemen<br />
to build business at Rosecr<strong>of</strong>t and grow harness<br />
racing in Maryland.” That remark reflected concerns<br />
<strong>of</strong> Cloverleaf’s leaders about Magna, which<br />
had submitted by far the largest bid, $13 million<br />
more than Centaur’ final package. Tom Keyser<br />
<strong>of</strong> the Baltimore Sun, who sat through the entire<br />
open meeting, reported this morning that<br />
“Magna’s relationship with the Maryland Jockey<br />
Club pulled it down.” Magna has agreed to become<br />
majority owners in the MJC’s Pimlico and<br />
Laurel tracks, and several board members told<br />
Keyser they did not want to be part <strong>of</strong> a company<br />
with Joe DeFrancis, who has had a rocky relationship<br />
with harness racing interests in Maryland.<br />
Cloverleaf bought Rosecr<strong>of</strong>t from Colt Enterprises<br />
seven years ago for $12 million. Today’s<br />
sale, when closed, will bring to an end the only<br />
horsemen-owned racetrack in the country. In another<br />
Magna development, also involving compromise,<br />
the company and the Oklahoma Racing Commission<br />
reached accord that avoids Magna’s<br />
threat to shut down Remington Park. The compromise<br />
provides for a 20-day Remington meeting<br />
for quarter horses, appaloosas and paints from<br />
August 7 to Sept. 1, followed by a 50-day thoroughbred<br />
meeting from Sept. 5 to Nov. 30.<br />
OXLEY, KYL PUSH ’NET BAN<br />
Congressman Michael Oxley <strong>of</strong> Ohio, chairman<br />
<strong>of</strong> the House Financial Services Committee, and<br />
Arizona’s senator Jon Kyl are working furiously<br />
to get the Senate to consider the House-passed<br />
ban on credit for online wagers. Kyl has worked<br />
out an Indian exemption and thinks he can get<br />
approval in a lame duck session if not by<br />
the end <strong>of</strong> this session.
HARNESS TRACKS OF AMERICA<br />
Executive Newsletter<br />
A daily fax and e-mail report on racing and gaming developments in North <strong>America</strong> and beyond<br />
Stanley F. Bergstein, Editor<br />
BIG M SAYS IT NEEDS VLTS<br />
New Jersey Sports and Exposition Authority chairman<br />
George Z<strong>of</strong>finger told a committee <strong>of</strong> the New<br />
Jersey Assembly Friday that the Meadowlands will<br />
face a “catastrophic” financial crisis if it does not<br />
receive help in the form <strong>of</strong> VLTs or slot machines.<br />
Z<strong>of</strong>finger told the legislators that “without some<br />
source <strong>of</strong> purse money -- increased purse money -<br />
- New York having slot machines...would be catastrophic<br />
for us.” Two legislators who attended the<br />
meeting have introduced legislation that would<br />
provide for slots at the tracks, but the New Jersey<br />
casino industry, which does not want slots outside<br />
<strong>of</strong> Atlantic City, is certain to oppose the move<br />
strenuously.<br />
In Pennsylvania, meanwhile, vice president Mike<br />
Jeannot <strong>of</strong> Magna Entertainment’s Meadows operation,<br />
a member <strong>of</strong> HTA’s executive committee,<br />
predicted that the state legislature will consider<br />
six slots-at-tracks bills currently pending next<br />
spring, and that if one <strong>of</strong> the bills passes The Meadows<br />
could have slots in operation within six months<br />
after passage. Jeannot told the Pittsburgh Tribune-Review<br />
that a survey <strong>of</strong> the Wheeling Downs<br />
parking lot in West Virginia showed that 50% <strong>of</strong><br />
the vehicles had Pennsylvania license plates, 35%<br />
were from Ohio, and only 15% had West Virginia<br />
plates.<br />
Despite general optimism and support <strong>of</strong> both gubernatorial<br />
candidates in Pennsylvania, anti-gambling<br />
forces are mobilizing in the Pittsburgh area,<br />
in Erie, in the Poconos and elsewhere, partly under<br />
the aegis <strong>of</strong> a group called No Dice and a statewide<br />
umbrella organization called Pennsylvanians<br />
Against Gambling Expansion. Jeannot points out<br />
that slots for Pennsylvania tracks is not an issue<br />
<strong>of</strong> expansion <strong>of</strong> gambling, but rather an<br />
effort to keep gambling money in the<br />
state. He suggests the rallying cry should<br />
be, “Bring Our Taxes Home!”<br />
October 21, <strong>2002</strong><br />
CONGRESS QUITS, NETLESS<br />
Congress adjourned last Thursday, and the Senate<br />
left without taking any action on H.R. 556, the<br />
Internet Credit Prohibition Act that would make it<br />
illegal to use any bank instrument for Internet<br />
betting. That means no action until Nov. 22 at the<br />
earliest, when a “lame duck” session is scheduled<br />
and it could be brought up again, presumably by<br />
Senator Jon Kyl <strong>of</strong> Arizona. The <strong>America</strong>n Horse<br />
Council, however, reports that it is not even clear<br />
at this time whether the full Congress will return<br />
after the elections, although there is a possibility<br />
there could be a pro forma session at which a Continuing<br />
Resolution will be passed by unanimous<br />
consent to fund the government at present levels<br />
until the next Congress convenes in January. If<br />
no action is taken until then, any Internet gambling<br />
bill that was considered in the session just<br />
ended will have to go through the subcommittee<br />
and committee voting process again. Interactive<br />
Gaming News reports that should Sen. Jean<br />
Carnahan <strong>of</strong> Missouri lose her seat to Republican<br />
Jim Talent, the Senate likely would fall under Republican<br />
leadership, which the newsletter says is<br />
not expected to have much impact on the future <strong>of</strong><br />
Internet gambling. In the House, should the Democrats<br />
gain control, Rep. Barney Frank <strong>of</strong> Massachusetts<br />
would be chairman <strong>of</strong> the Financial Services<br />
committee and John Conyers <strong>of</strong> Michigan<br />
would be chairman <strong>of</strong> the Judiciary committee.<br />
Should that happen, it would be unlikely, the newsletter<br />
says, for any Internet wagering prohibition<br />
to pass, since both men oppose such legislation.<br />
NO INDIAN ACCORD IN BUFFALO<br />
While the Seneca Nation moves forward with its<br />
plans for a Niagara Falls casino, two other area<br />
tribes -- the Tonawanda Band <strong>of</strong> Senecas and the<br />
Tuscarora Nation -- have asked the federal government<br />
to stop them. An Interior Department<br />
decision is due Thursday.
HARNESS TRACKS OF AMERICA<br />
Executive Newsletter<br />
A daily fax and e-mail report on racing and gaming developments in North <strong>America</strong> and beyond<br />
Stanley F. Bergstein, Editor<br />
IT ISN’T INDY DOWNS ANYMORE<br />
Indianapolis Downs is no more. It’s still there,<br />
nearing completion, but TIMES:in harness reports<br />
the track has quietly changed its name, even before<br />
it opens in December. It is now Indiana<br />
Downs, still with a December 6 opening date for<br />
harness racing and a brand new, compact and colorful<br />
little plant. The December opening will get<br />
them underway, racing Thursday through Monday<br />
with a 6:30 post time, and they will race until Dec.<br />
30, then close for simulcasting only until April, when<br />
the grand opening will take place, starting with a<br />
50-day thoroughbred meeting that will be followed<br />
by a 110-night harness racing meeting. TIMES<br />
says Indiana Downs and Hoosier Park are negotiating,<br />
under broad racing commission guidelines,<br />
to work out as harmonious dates as possible to<br />
minimize overlap.<br />
FLAMBORO, STEP BY STEP<br />
Magna Entertainment moved closer to finalizing<br />
its acquisition <strong>of</strong> Flamboro Downs in Ontario this<br />
week, with an unusual mid-step involving Andrew<br />
Gaughan, a former executive at Woodbine Entertainment<br />
who now works for Magna. The shares<br />
<strong>of</strong> Flamboro Downs Holding Ltd. were purchased<br />
by Ontario Racing <strong>Inc</strong>., a former subsidiary <strong>of</strong><br />
Magna now wholly owned by Gaughan. A Magna<br />
release said “Mr. Gaughan has entered into an<br />
agreement to transfer the shares <strong>of</strong> Ontario Racing<br />
<strong>Inc</strong>. to MEC five days after MEC receives all<br />
necessary regulatory approvals for its acquisition<br />
<strong>of</strong> Flamboro Downs. Those approvals are expected<br />
within the next 90 days.” The Hamilton Spectator<br />
reported that although it was unable to reach<br />
anyone at Magna for comment, sources said the<br />
transfer could be a timing issue for tax purposes.<br />
Magna announced in June that it was buying<br />
Flamboro from owner Charles<br />
Juravinski’s Flamboro Holdings for $72<br />
million. The track has 750 slot machines.<br />
October 22, <strong>2002</strong><br />
OHIO SLOTS? NIXON NEUTRAL<br />
Slot machines at tracks are not an election item in<br />
Ohio and the issue does not appear on any ballot,<br />
but at least one Buckeye politician is so sure that<br />
slots are coming that he has called a meeting <strong>of</strong><br />
the Lebanon City Council to discuss how to stop<br />
them. Warren county commissioner C. Micheal<br />
Kilburn says he thinks he knows what the legislature<br />
is planning after the Nov. 5 election, and he<br />
wants the city <strong>of</strong> Lebanon “to know what potentially<br />
may be going on.” The speculation amused<br />
USTA president and Lebanon Raceway owner<br />
Corwin Nixon, a former Warren county commissioner<br />
himself, who said he plans on remaining<br />
neutral. He also said, however, that slots “would<br />
triple my business here at the track, no doubt about<br />
it. It’ll save the horsemen, the track, everybody.”<br />
Nixon, a conservative Republican and longtime<br />
legislative leader in Ohio, opposed the idea <strong>of</strong> legalizing<br />
casinos in Ohio six years ago, but he now<br />
says, “Times are changing, and I don’t think<br />
people feel the same as in the past about gambling<br />
here.” Nixon and Kilburn are political allies<br />
and friends, but Nixon made it clear that while<br />
neutral, he will not support those who oppose slots.<br />
A public meeting has been called by the Lebanon<br />
city council and county commissioners for Thursday<br />
afternoon to discuss the issue.<br />
GOOD JOB AT BATAVIA<br />
If the recent grand opening <strong>of</strong> Batavia Downs under<br />
its new ownership <strong>of</strong> Western Regional Off-<br />
Track Betting is any indication, the track is in good<br />
hands. The celebratory party was handled in first<br />
class style, and included distribution <strong>of</strong> a newly<br />
revised history <strong>of</strong> Batavia Downs. The 126-page<br />
book, written by former Batavia publicist William<br />
F. Brown Jr., was an update <strong>of</strong> an earlier edition,<br />
but was titled The New Batavia Downs and included<br />
a full update <strong>of</strong> events <strong>of</strong> the last four<br />
years leading to Western OTB’s acquisition.
HARNESS TRACKS OF AMERICA<br />
Executive Newsletter<br />
A daily fax and e-mail report on racing and gaming developments in North <strong>America</strong> and beyond<br />
Stanley F. Bergstein, Editor<br />
BANGOR WANTS IN ON SLOTS<br />
If anyone wondered why mystery man Shawn Scott<br />
and his Las Vegas-based Capitol One LLC invested<br />
in little Bangor Raceway in Maine recently,<br />
they can stop wondering. A group led by the track<br />
plans to petition for a statewide referendum on slots<br />
at tracks in November, 2003. Although the question<br />
supposedly would allow slots at Bangor and<br />
at Scarborough Downs, a lawyer for Scarborough<br />
says the proposal does not please his client, contending<br />
it is written to benefit only Bangor Raceway.<br />
The Bangor proposal calls for Bass Park in<br />
Bangor to be renovated and a percentage <strong>of</strong> revenues<br />
to go to helping senior citizens pay for prescription<br />
drugs and help Maine students to attend<br />
college. Maine voters also will be asked, however,<br />
to legalize casino gambling for the<br />
Passamaquoddy and Penobscot Nation Indian<br />
tribes by building a $650 million casino in southern<br />
Maine. The state expects to get $100 million<br />
in revenue from that project, and as framed those<br />
payments to the state would be nullified if Maine<br />
authorizes slots at any location other than the tribal<br />
casino. A leader <strong>of</strong> an anti-gambling group, Casinos<br />
No!, says the organization will oppose both<br />
proposals, saying that more than one casino would<br />
mean the state would get nothing “except crime,<br />
corruption and congestion.” Proponents <strong>of</strong> the idea<br />
say slots at tracks would be well-regulated and a<br />
natural step in adding another form <strong>of</strong> gaming<br />
where gambling already is legal. The Bangor application<br />
for a citizens’ referendum has been submitted<br />
to Maine’s secretary <strong>of</strong> state for review.<br />
Ten percent <strong>of</strong> Maine citizens who vote in the gubernatorial<br />
election next month would be needed<br />
for the referendum to be granted, and while that<br />
number obviously is not known at present it is believed<br />
more than 50,000 signatures would be<br />
needed. A similar referendum to allow<br />
VLTs at Scarborough Downs failed by a<br />
3-2 ratio two years ago.<br />
October 23, <strong>2002</strong><br />
REMEMBER THIS STATEMENT<br />
When Atlantic City casinos start snarling and fighting<br />
about the possibility <strong>of</strong> slots at the Meadowlands,<br />
and shout that the competition would seriously<br />
injure them, remember this statement by<br />
Gary Loveman, the president <strong>of</strong> Harrah’s: “I don’t<br />
think even gaming in Philadelphia would pose a<br />
long-term substantial threat to the invested capital<br />
in Atlantic City.” Loveman was speaking on a<br />
conference call reporting record earnings in the<br />
third quarter at Harrah’s two Atlantic City casinos,<br />
and he predicted that gambling expansion in<br />
Maryland, Pennsylvania and New York wouldn’t<br />
harm the future <strong>of</strong> Harrah’s casinos in Atlantic City.<br />
He conceded legalized gaming was coming to those<br />
states, calling it “almost a sure bet,” but he said<br />
the Northeast has too few gambling outlets to meet<br />
demand. That’s good news. The Meadowlands<br />
would be a great place to help meet that demand.<br />
And although Philadelphia is in Pennsylvania and<br />
not New Jersey, Philadelphia is half the distance<br />
from Atlantic City than the Meadowlands, and is<br />
connected directly to the shore resort by the Atlantic<br />
City Expressway.<br />
MICHIGAN AND ITS KIDS<br />
When Internet gaming is discussed, opponents<br />
begin screaming about how the children <strong>of</strong> the land<br />
will be protected. We hope they’ll be as equally<br />
concerned about the state <strong>of</strong> Michigan’s decision<br />
to allow instant lottery ticket vending machines in<br />
up to 500 locations around the state. Tickets will<br />
cost between $1 and $20, and prizes will vary from<br />
$1 to $1 million. The state’s acting lottery commissioner<br />
says the new machines will come<br />
equipped with a shut<strong>of</strong>f switch that a store clerk<br />
can activate if a minor messes with the machine.<br />
Sure. That’s precisely why cigarette vending machines<br />
were outlawed, and one expert, Charles<br />
Clotfelder <strong>of</strong> Duke University, says he<br />
doesn’t know how Michigan can monitor<br />
vending machines.
HARNESS TRACKS OF AMERICA<br />
Paul Joseph Estok, Editor<br />
SLOT MAKERS CHOSEN IN NY<br />
Nevada-based slot machine makers International<br />
Game Technology and Alliance Gaming Corp.’s<br />
Bally Gaming and Systems unit were among four<br />
companies chosen by the New York Lottery to provide<br />
about 14,000 video lottery terminals to eight<br />
racetracks in the Empire State, if racetracks and<br />
government <strong>of</strong>ficials can come to an agreement<br />
on revenue sharing that makes installation and<br />
operation <strong>of</strong> the machines financially feasible for<br />
the state’s ailing racetracks. The other companies,<br />
Sierra Design Group and Spielo USA <strong>Inc</strong>.,<br />
are privately held. Each company will provide<br />
roughly the same number <strong>of</strong> machines each, according<br />
to Lottery spokesperson Carolyn<br />
Haperman. The state, which only received the four<br />
bids, awarded them based on cost as well as a technical<br />
analysis. It is now negotiating separate contracts<br />
with the four companies that will be reviewed<br />
by the state controller and the state attorney<br />
general’s <strong>of</strong>fice for a projected introduction by the<br />
end <strong>of</strong> the second quarter <strong>of</strong> next year.<br />
17 SET TO GO IN MESSENGER<br />
Seventeen colts are entered for Saturday’s<br />
$434,350 Messenger Stakes at the Meadows<br />
Racetrack in Meadow Lands, Pennsylvania. The<br />
47th edition <strong>of</strong> the pacing classic will be raced in<br />
two eliminations, races eight and nine, with the top<br />
four finishers from each race advancing to the final,<br />
which will go as race 12, with an approximate<br />
post time <strong>of</strong> 10:36 p.m. (EDT). The first elimination<br />
will feature Coors Delvin Miller Adios and<br />
Little Brown Jug winner Million Dollar Cam, with<br />
John Campbell to drive for owner Jeffrey Snyder<br />
<strong>of</strong> New York City. Allamerican Ingot, third in last<br />
Saturday’s Breeders Crown, has been listed as the<br />
2-1 morning line favorite in the ninth race and second<br />
elimination in spite <strong>of</strong> drawing the<br />
outside post. Leading Canadian trainer<br />
Bill Robinson, who trains five <strong>of</strong> the<br />
Executive Newsletter<br />
A daily fax and e-mail report on racing and gaming developments in North <strong>America</strong> and beyond<br />
October 24, <strong>2002</strong><br />
Messenger’s 17 entrants, had also planned to enter<br />
Meadowlands Pace winner Mach Three but<br />
the colt came down with colic after his fourth place<br />
finish in the Breeders Crown. Robinson’s other<br />
sophomore big gun, Art Major, is skipping the<br />
Messenger after winning the Breeders Crown. Art<br />
Major won the first leg <strong>of</strong> the Pacing Triple Crown,<br />
the Cane Pace, in early September.<br />
JOCKEY CLUB’S STAHL RETIRING<br />
Hans Stahl, the president and chief operating<br />
<strong>of</strong>ficer <strong>of</strong> the Jockey Club, will retire at the end <strong>of</strong><br />
the year and be succeeded by Alan Marzelli,<br />
according to a release issued by the Jockey Club,<br />
the thoroughbred industry breed registry.<br />
Marzelli, a CPA, joined the Jockey Club in 1983<br />
as controller. He has served as the Jockey Club’s<br />
chief financial <strong>of</strong>ficer since 1986. In addition to<br />
his Jockey Club duties, Marzelli also serves as<br />
chairman <strong>of</strong> Equibase and two Jockey Club<br />
subsidiaries, InCompass and The Jockey Club<br />
Technology Services, <strong>Inc</strong>. Marzelli will assume<br />
his new duties as president and COO on Jan. 1.<br />
RECORDS REVENUE FOR PENN<br />
Penn National Gaming, <strong>Inc</strong>. (PENN), owner <strong>of</strong> HTA<br />
member The Downs at Pocono and partner in Freehold<br />
Raceway, yesterday reported record third<br />
quarter results for the period ending Sept. 30.<br />
Revenues for the quarter rose 21 percent to $175.4<br />
million, compared to $145.0 million in the third<br />
quarter <strong>of</strong> 2001. In addition, third quarter EBITDA<br />
(earnings before interest, taxes, depreciation and<br />
amortization), rose 18.2 percent to $38.1 million,<br />
from $32.2 million in the third quarter <strong>of</strong> 2001.<br />
Commenting on the results, Peter Carlino, CEO<br />
<strong>of</strong> Penn National, said, “Overall, these trends and<br />
record operating results validate our long-term<br />
growth strategy <strong>of</strong> expanding our gaming property<br />
portfolio.”
HARNESS TRACKS OF AMERICA<br />
Executive Newsletter<br />
A daily fax and e-mail report on racing and gaming developments in North <strong>America</strong> and beyond<br />
Paul Joseph Estok, Editor<br />
SLOTS OPPOSITION FROM A.C.<br />
It’s always something.... First, it was casino taxes<br />
and Internet gambling. Now it’s the possibility <strong>of</strong><br />
slot machines at the Meadowlands Racetrack<br />
causing Atlantic City casino <strong>of</strong>ficials and politicians<br />
to rally in defense <strong>of</strong> their monopoly on machines.<br />
“We’re stating our opposition that this is not in<br />
the best interest <strong>of</strong> Atlantic City or New Jersey,”<br />
said Timothy Wilmott, president <strong>of</strong> the Casino<br />
Association <strong>of</strong> New Jersey. “Slot machines at<br />
tracks don’t create jobs or the type <strong>of</strong> development<br />
that supports an economy. It puts at risk the $350<br />
million that the state gets from the industry in the<br />
Casino Revenue Fund.<br />
Senators Joseph Suliga and Richard Codey, who<br />
introduced the Meadowlands Gaming Control Act<br />
on Sept. 30, said they proposed the bill allowing<br />
3,000 slot machines at the Big M in order to aid<br />
the New Jersey Sports and Exposition Authority<br />
(NJSEA). The bill could be enacted only after a<br />
referendum to change the state’s constitution. Bills<br />
in the New Jersey Assembly and Senate would put<br />
such an amendment on the ballot at an unspecified<br />
date.<br />
The slot machine legislation, Senate Bill 1907,<br />
would allow the Meadowlands Racetrack to<br />
operate machines from eight in the morning until<br />
midnight any day the track has live or simulcast<br />
racing. The slots would not be subject to the eight<br />
percent state casino tax or the 1.25 percent Casino<br />
Reinvestment Development Authority tax. The<br />
Division <strong>of</strong> Gaming would be responsible for all<br />
regulation, including the functions typically handled<br />
by the New Jersey Casino Control Commission.<br />
“I am adamantly opposed to it,” Atlantic City-area<br />
Sen. William Gormley said <strong>of</strong> the bills.<br />
“We do want to see the tracks viable, but<br />
not at the expense <strong>of</strong> Atlantic City.” Suliga<br />
countered that Meadowlands slots would<br />
October 25, <strong>2002</strong><br />
actually help Atlantic City by forcing casinos to<br />
become more responsive to patrons. “The<br />
problem I have with Atlantic City is it is such a<br />
monopoly,” Suliga said. “Older people are treated<br />
like herded cattle.... This bill encourages<br />
competition and it solves a major economic<br />
problem for the State <strong>of</strong> New Jersey. Suliga noted<br />
he expects the Economic Growth, Agriculture and<br />
Tourism Committee <strong>of</strong> the state senate to hear the<br />
bill next month.<br />
Assemblymen Albio Sires and Joseph Roberts<br />
sponsored the Assembly bill to put the issue to a<br />
statewide vote. Roberts noted that racetrack slots<br />
are legal in three nearby states and are being<br />
discussed in two others. “We have a real obligation<br />
in New Jersey to preserve the casino industry,”<br />
Roberts said. “On the other hand, we need to do<br />
something to keep the horse racing industry alive.”<br />
CLOSED-LOOP LICENSE IN NEV.<br />
The Nevada Gaming Commission agreed Thursday<br />
to grant a limited license to a company that<br />
has developed a closed-loop system for betting on<br />
horse races. The 18-month license was granted to<br />
Virtigame Corp. after Bruce Merati, who heads<br />
the San Diego-based technology company, said he<br />
hopes to have signed deals for the system with<br />
several Nevada casino race books by early next<br />
year. Under Virtigame’s closed-loop system, bettors<br />
can use personal computers or PCs in casinos<br />
to place bets on races at tracks around the country,<br />
rather than standing in line to place bets with<br />
tellers. Bettors also would have a preapproved<br />
credit line for what Merati termed a “cashless”<br />
system that uses a network but is not linked in<br />
any way to the Internet. Commissioners asked<br />
about possible Internet links, but Merati said the<br />
company only wanted a closed-loop system<br />
because it can be better protected and controlled.
HARNESS TRACKS OF AMERICA<br />
Executive Newsletter<br />
A daily fax and e-mail report on racing and gaming developments in North <strong>America</strong> and beyond<br />
Stanley F. Bergstein, Editor<br />
HEARING IN PENNSYLVANIA<br />
The Pennsylvania <strong>Harness</strong> Racing Commission<br />
holds a hearing tomorrow on the application <strong>of</strong><br />
Chester Downs and Marina for a harness license<br />
in the depressed city <strong>of</strong> Chester, just south <strong>of</strong> Philadelphia.<br />
Joe Lashinger Jr., former president <strong>of</strong> The<br />
Downs at Pocono, seeks a license for a new track<br />
there. In addition, although not on tomorrow’s<br />
agenda and not yet received by the commission,<br />
are reported applications to be filed from two other<br />
suitors for licenses, one from W-B Downs, an affiliate<br />
<strong>of</strong> Penn National, owner <strong>of</strong> The Downs at<br />
Pocono, to race at Pocono; and a third, somewhat<br />
bizarre, from a newcomer to the sport who owns a<br />
farm track just seven and one-half miles from The<br />
Meadows near Washington, PA. The applications<br />
are pending as elections near which could bring<br />
slots to Pennsylvania tracks, since both gubernatorial<br />
candidates are on record as favoring that<br />
development and Pennsylvania racing faces increased<br />
competition from expanded slot action at<br />
tracks in West Virginia, the possibility <strong>of</strong> sports<br />
betting in Delaware, and less likely but possible,<br />
slots at tracks in Maryland.<br />
MORE SLOT RUMORS IN OHIO<br />
When politicians report hearing persistent rumors<br />
about politics, laymen might be inclined to give<br />
credence to the reports. This newsletter reported<br />
last week on developments in Lebanon, Ohio,<br />
where a county commissioner reported the likelihood<br />
<strong>of</strong> a slots bill after next month’s elections<br />
and the city council was to meet to discuss rumors<br />
<strong>of</strong> slots for its hometown racetrack, Lebanon Raceway.<br />
Now comes another commissioner who reports,<br />
“We’re hearing bits and pieces that there is<br />
legislation in draft format and that by the first <strong>of</strong><br />
the year there will be legislation either buried in<br />
the budget bill or on its own, but the specifics<br />
are unknown.” One report said the<br />
city and county each would receive $1 million<br />
under the proposal.<br />
October 28, <strong>2002</strong><br />
CUP ASKS CATSKILL INQUIRY<br />
The Breeders’ Cup and NTRA have asked the<br />
New York State Racing and Wagering Board to<br />
investigate unusual circumstances involving winning<br />
Pick Six wagers on Saturday’s Breeders’ Cup<br />
made at Catskill Region OTB. The request was<br />
made this morning by a letter from NTRA commissioner<br />
Tim Smith and Breeders’ Cup president<br />
D.G. Van Clief to New York commission chairman<br />
Mike Hoblock. There were only six winning tickets<br />
on the Pick Six, and all six were sold at Catskill<br />
to the same person, giving the winner a return <strong>of</strong><br />
$2,570,352 for an $1,148 investment, according to<br />
Thoroughbred Times. The Catskill bettor selected<br />
a single winner in the first four races, then used all<br />
runners in the last two legs. The Breeders’ Cup<br />
and Arlington Park, concerned about electronic<br />
manipulation <strong>of</strong> wagering data, are withholding<br />
payment to Catskill OTB pending the results <strong>of</strong><br />
the investigation they have requested.<br />
SLOTS NEAR FRASER DOWNS?<br />
The mayor <strong>of</strong> Surrey, British Columbia, has reversed<br />
his field and now says the town is interested<br />
in slots, three years after running them out<br />
<strong>of</strong> town. A rival candidate says the city council<br />
held secret discussions on a casino site on the<br />
Cloverdale Fairgrounds, near the Fraser Downs<br />
harness track, and Fraser general manager Chuck<br />
Keeling says a casino could work there if its operations<br />
were integrated with racing. The casino<br />
that the mayor, Doug McCallum, ran out <strong>of</strong> town<br />
had been contributing $500,000 to Surrey’s treasury.<br />
PROMOTIONS AT MEADOWS<br />
General manager Drew Shubeck <strong>of</strong> The Meadows<br />
has promoted John Marshall to assistant GM-<br />
OTB Operations; Kevin Decker to assistant GM-<br />
On-Track Operations; and Tracy Bittner to assistant<br />
GM-Marketing/Player Rewards.
HARNESS TRACKS OF AMERICA<br />
Executive Newsletter<br />
A daily fax and e-mail report on racing and gaming developments in North <strong>America</strong> and beyond<br />
Stanley F. Bergstein, Editor<br />
WE ALL LEARN A BIG LESSON<br />
Well, the NTRA and Breeders’ Cup and all the<br />
rest <strong>of</strong> us in racing now have learned how to get<br />
national publicity. Have one guy win over $4 million,<br />
alone among tens <strong>of</strong> thousands <strong>of</strong> horse players,<br />
and with a hint <strong>of</strong> scandal that he may have<br />
done it illegally, and the press will beat a path to<br />
our doors. A lot <strong>of</strong> people are falling all over themselves<br />
trying to put a positive spin on this thing,<br />
but bottom line it doesn’t look good. Don Groth <strong>of</strong><br />
Catskill OTB, where the bets were made, may be<br />
the only man in racing who thinks this was simply<br />
solid handicapping, and his quote may go down in<br />
history. “I know why you’re suspicious,” he said,<br />
“but that’s not my job.” Groth said he was “familiar<br />
enough with the customer that I believe this is<br />
legitimate,” a strange statement inasmuch as “the<br />
customer,” identified by some sources as a 29-<br />
year-old self-employed computer service worker<br />
from Baltimore named Derrick Davis, said he made<br />
his first wagers with Catskill on Breeders’ Cup day.<br />
Other than Groth’s, the reactions hardly could be<br />
termed positive for racing, regardless <strong>of</strong> spin. Here<br />
are some sample headlines:<br />
“Breeders Cup Pick Six Probed” -- Los Angeles<br />
Times<br />
“Unlikely windfall draws investigation: fluke or<br />
scheme?” -- Miami Herald<br />
“Good Pick-Six Bets, or Too Good to be True?”<br />
--New York Times<br />
“Probe $2.5M ‘Hit’ on Breeders’ Cup Pick 6” --<br />
New York Post<br />
“Betting coup investigated” -- Chicago<br />
Tribune<br />
October 29, <strong>2002</strong><br />
“Breeders’ Cup Pick Six May Have Been Fix Six”<br />
--Washington Post<br />
“Cup’s winning Pick 6 tickets cause suspicion, investigation”<br />
-- Louisville Courier-Journal<br />
“Suspicious bet under scrutiny” -- Daily Racing<br />
Form<br />
Groth said “there is nothing to indicate that this<br />
was anything but a very good day for our customer.”<br />
Perhaps. But one man who should know,<br />
pr<strong>of</strong>essional gambler David Cuscuna, told Daily<br />
Racing Form, “The whole idea <strong>of</strong> this, <strong>of</strong> a guy<br />
that puts down a $12 multiple, 1 by 1 by 1 by 1 by<br />
all by all bet, that has the first four winners, which<br />
includes a $28 horse and a $54 horse -- good lord,<br />
it’s not even a point <strong>of</strong> discussion. This is not a<br />
real bet.”<br />
We’ll see. It may not have been a real bet, but it<br />
was real coverage. Not the kind racing needs or<br />
wants, but saturation bombing <strong>of</strong> a magnitude not<br />
seen since the early days <strong>of</strong> our escapade in Afghanistan.<br />
Paul Berube, president <strong>of</strong> TRPB and<br />
SIS, said, “It is unfortunate these things get out<br />
before all the facts are known, and I would assume<br />
that there is a fair amount that we don’t know right<br />
now.”<br />
Two other interesting notes on the now infamous<br />
Pick Six. A tote malfunction at Keeneland resulted<br />
in refunds totaling some $76,000 after United Tote<br />
was unable to transmit the bet information to Arlington,<br />
and Arlington decided that the bets would<br />
not be allowed in their pool. According to Daily<br />
Racing Form, the Kentucky Racing Commission<br />
and Keeneland then decided to refund the wagers.<br />
The Form also reported that the Cup Pick Six<br />
handle was 5% lower than last year, and that<br />
Pick Six betting on the Cup has declined for<br />
four straight years.
HARNESS TRACKS OF AMERICA<br />
Executive Newsletter<br />
A daily fax and e-mail report on racing and gaming developments in North <strong>America</strong> and beyond<br />
Stanley F. Bergstein, Editor<br />
AND THE MELODY LINGERS ON<br />
As the Pick Six feeding frenzy in the press continues,<br />
with each story questioning the integrity <strong>of</strong><br />
the pari-mutuel system as currently deployed, a<br />
larger question arises: is the Pick Six, on whatever<br />
scale, worth this kind <strong>of</strong> press coverage?<br />
Matt Hegarty, writing in today’s Daily Racing<br />
Form under a headline reading “Pick six: A<br />
hacker’s paradise?” begins: “If someone wanted<br />
to manipulate the parimutuel pools in Thoroughbred<br />
racing, the bet <strong>of</strong> choice would be the pick six<br />
and it would be structured just like the Breeder’<br />
Cup ticket now under investigation by the New<br />
York State Racing and Wagering Board, racing and<br />
wagering experts said Tuesday.”<br />
Reports here indicate that Derrick Davis, the 29-<br />
year-old who made the winning bets that have triggered<br />
an avalanche <strong>of</strong> negative coverage, is not<br />
merely some unknown computer repairman from<br />
Baltimore who now desperately seeks anonymity,<br />
but rather a bettor known in much wider circles<br />
than Catskill OTB, where he showed up suddenly<br />
on Breeders’ Cup Day, fully certified by Catskill<br />
president Don Groth as a trusted customer. The<br />
questions raised about the vulnerability <strong>of</strong> racing’s<br />
computer systems remain, including Chris Scherf’s<br />
germane reminder to Bill Finley <strong>of</strong> the New York<br />
Times that if hackers can break into the Pentagon’s<br />
computer system racing presumably is not impenetrable.<br />
The press, meanwhile, has treated the<br />
matter with varying degrees <strong>of</strong> skepticism. Two<br />
<strong>of</strong> the more caustic commentators have been Jim<br />
O’Donnell <strong>of</strong> the Chicago Sun-Times and Jim<br />
Handleman <strong>of</strong> the Asbury Park (NJ) Press. Their<br />
comments are discussed in detail in this week’s<br />
HTA Track Topics, but the headlines on their stories<br />
are enough to give you the flavor <strong>of</strong> their writing.<br />
O’Donnell’s Chicago story was headlined,<br />
“Probe could end faith in simulcasting.”<br />
October 30, <strong>2002</strong><br />
Handleman’s lengthy column, in today’s paper, was<br />
titled, “Another nail in racing’s c<strong>of</strong>fin.” His column<br />
was a bitter indictment <strong>of</strong> racing’s attitude<br />
not only toward computer security, but about the<br />
use <strong>of</strong> illegal medications that move horses up dramatically<br />
and about banished trainers who show<br />
up at <strong>of</strong>f-track training centers and farms, known<br />
to those around them but unreported. It is a powerful<br />
piece, and contrasts sharply with the innocent<br />
protestations <strong>of</strong> leading trainers and others<br />
who either say they know <strong>of</strong> no such doings, or<br />
else blame them on pr<strong>of</strong>essional envy.<br />
IN OTHER DEVELOPMENTS<br />
In Indiana, where Indiana Downs is nearing<br />
completion, that track and Hoosier Park, which<br />
opposed its construction, now are battling over<br />
whether the new track can open an OTB facility to<br />
compete with Hoosier’s OTB site in Indianapolis.<br />
The racing commission has scheduled a public<br />
hearing on the subject.<br />
In Great Britain, the digital broadcaster<br />
Attheraces said it was “thrilled” with its six-hour<br />
coverage <strong>of</strong> the Breeders’ Cup, watched by up to<br />
151,000 viewers, and called it “the perfect platform<br />
from which to launch our <strong>America</strong>n racing<br />
service,” which could happen as early as tomorrow,<br />
depending on final tests. Britain’s Channel 4<br />
said its late night Breeders’ Cup highlights show<br />
drew 500,000 viewers.<br />
In New Jersey, a bill that would add horsemen and<br />
horsewomen to the New Jersey Racing Commission<br />
sailed through the Assembly, 71-4, and now<br />
goes to the Senate, where it faces a test.<br />
In Pennsylvania, the harness racing commission<br />
held a daylong hearing on the Chester Downs harness<br />
track application, with a decision three<br />
to six months away.
HARNESS TRACKS OF AMERICA<br />
Executive Newsletter<br />
A daily fax and e-mail report on racing and gaming developments in North <strong>America</strong> and beyond<br />
Stanley F. Bergstein, Editor<br />
GEORGE WANTS INTERNET BAN<br />
In case you wondered where the White House<br />
stands on Internet betting, you now know. The<br />
White House is urging Senate majority leader Tom<br />
Daschle to schedule a vote before the end <strong>of</strong> the<br />
year on H.R. 556, the Unlawful Internet Gambling<br />
Funding Prohibition Act, which precludes the use<br />
<strong>of</strong> bank instruments to fund betting on the<br />
Internet. Daschle’s <strong>of</strong>fice responded that demands<br />
for legislation make action difficult in a short<br />
time frame like the upcoming lame-duck session<br />
<strong>of</strong> Congress. Perhaps more important, a spokeswoman<br />
for Democratic senator Harry Reid <strong>of</strong><br />
Nevada, who as Senate majority whip schedules<br />
consideration <strong>of</strong> legislation by the full Senate, says<br />
it is “highly unlikely” the bill will be considered in<br />
the lame duck session. Perhaps the most significant<br />
statement <strong>of</strong> all is that <strong>of</strong> Las Vegas gaming<br />
lawyer Tony Cabot, who says, “When you force<br />
legitimate businesses to the sidelines, it opens the<br />
world to people who operate in gray or black areas.<br />
The online gaming industry would be better<br />
<strong>of</strong>f regulated than being banned. The longer the<br />
U.S. stalls on the issue <strong>of</strong> legislating or regulating<br />
online gaming, the longer the industry will grow in<br />
gray areas <strong>of</strong> shadowy activity.” As if to underscore<br />
that remark, Interactive Gaming News reports<br />
that the government <strong>of</strong> Antigua and Barbuda,<br />
worried about <strong>of</strong>fshore gambling sites that have<br />
migrated to Curacao, Costa Rica and the United<br />
Kingdom, is about to abolish the 3% tax on<br />
Internet gaming companies based there.<br />
A HUGE ISSUE IN ARIZONA<br />
It may not be a major story nationally, but the<br />
three-way fight over slots in Arizona has broken<br />
the state’s campaign fundraising record and is leading<br />
the nation in money raised for ballot issues.<br />
Through Oct. 21, $106 million has<br />
been raised nationally for 62 ballot propositions.<br />
October 31, <strong>2002</strong><br />
More than a third <strong>of</strong> that total -- $37.3 million --<br />
has been raised for three measures on the ballot<br />
dealing with gaming. This is more than has been<br />
raised in California for seven ballot items there.<br />
Leading the Arizona charge is a 17-tribe Indian<br />
coalition that has spent $20.9 million, most <strong>of</strong> it<br />
from sponsoring tribes, for Proposition 202, which<br />
would retain the status quo for compacts that give<br />
the tribes a monopoly on casino gaming in the state.<br />
A second proposition supported by Arizona’s Colorado<br />
River Indian tribes has raised $10 million,<br />
and a track coalition, seeking slots at Arizona<br />
tracks, has spent $6.4 million. If none <strong>of</strong> the three<br />
propositions musters 50% plus one vote next Tuesday,<br />
the issue could go back to the newly elected<br />
governor and legislature, and currently Proposition<br />
202, the front-runner, has 45% support in polls,<br />
with 14% undecided.<br />
AROUND THE CIRCUIT....<br />
Quebec racetracks will get another $5.9 million in<br />
purse subsidies from the provincial government<br />
to pay purses through December, but the<br />
province’s finance minister says that’s it.<br />
SONACC, which runs racing in Quebec, saw its<br />
purse pool run dry last week, saying it had not received<br />
the $1.4 million due from the government<br />
last month.....Rockingham Park in New Hampshire<br />
says it is studying plans to close the track in two<br />
years and develop its 170 acres for other use. If<br />
VLTs are legalized, the track would reconsider, and<br />
if a contract with HBPA is not worked out, harness<br />
racing could return to the Rock.....Shawn Scott has<br />
been turned down by the New Mexico Racing<br />
Commission in his bid to open a track in the southeastern<br />
part <strong>of</strong> the state. R. D. Hubbard and Ken<br />
Newton remain in consideration.....Joe Lashinger<br />
Jr. and his associates have signed a lease-purchase<br />
agreement with the Delaware County Redevelopment<br />
Authority for 61 acres for their proposed<br />
Chester Downs harness track.
HARNESS TRACKS OF AMERICA<br />
Executive Newsletter<br />
A daily fax and e-mail report on racing and gaming developments in North <strong>America</strong> and beyond<br />
Stanley F. Bergstein, Editor November 1, <strong>2002</strong><br />
A STORY GONE, A STORY HERE Now we find out.<br />
The Breeders’ Cup now is last Saturday’s news,<br />
but the Breeders’ Cup Ultra Pick Six is still very<br />
much with us, on page one <strong>of</strong> this morning’s New<br />
York Times and in newspapers everywhere else in<br />
North <strong>America</strong>. Secure computer tote systems, it<br />
turns out, are only as secure as the people operating<br />
them. Scientific Games, parent <strong>of</strong> Autotote,<br />
announced yesterday it had fired ‘a rogue s<strong>of</strong>tware<br />
engineer,’ and shortly after that it was reported<br />
that the rogue, identified by other sources<br />
as Chris Harm, 29, who worked in Autotote’s<br />
<strong>of</strong>fices in Newark, Delaware, reportedly had gone<br />
to Drexel University in Philadelphia with Derrick<br />
Davis, also 29, the $3 million Pick Six winner who<br />
had claimed he was an innocent victim who had<br />
just gotten incredibly lucky. Lorne Weil, chairman/CEO<br />
<strong>of</strong> Scientific Games, said that the “rogue<br />
s<strong>of</strong>tware engineer” possessed the password to get<br />
into Autotote’s data system and presumably could<br />
A “Wagering Technology working group” was immediately<br />
announced by the NTRA, with an oversight<br />
committee led by old familiar industry faces.<br />
“Industry initiatives” and task forces can, <strong>of</strong><br />
course, ultimately announce the upgrades in technology<br />
that Lorne Weil says now are available and<br />
should have been in place all along. Alan Marzelli,<br />
president-elect <strong>of</strong> the Jockey Club, thinks throwing<br />
money at the problem is the answer, saying<br />
the tote companies are undercapitalized and that<br />
centralization and upgrading <strong>of</strong> tote s<strong>of</strong>tware platforms<br />
is a legitimate goal, according to Tom<br />
LaMarra <strong>of</strong> Blood-Horse. LaMarra reminded<br />
readers that Mark Elliott <strong>of</strong> IBM Global Services,<br />
addressing the issue <strong>of</strong> technology two<br />
years ago, said, “I don’t want to be overly abusive,<br />
but as an industry, you are as far behind in<br />
the use <strong>of</strong> technology to improve your business<br />
have altered the winning ticket after the first as any I’ve ever seen.” Taking action obviously<br />
four races <strong>of</strong> the Ultra Pick Six had been run.<br />
The revelation brought a torrent <strong>of</strong> pious pronouncements<br />
and quick egg-wiping <strong>of</strong>f faces that<br />
had rushed to defend the winning bet as handicapping<br />
skill and luck. Donald Groth, president<br />
is needed and should be applauded. What-<br />
ever steps are now taken, and whatever money<br />
spent, needs to be tempered with one question that<br />
looms over all technology: How to address human<br />
frailty and dishonesty.<br />
<strong>of</strong> Catskill OTB where the bet was made, first<br />
NJ COMMISSION BILL PASSES<br />
was quoted as vouching for the character <strong>of</strong> the<br />
Assuming governor McGreevey signs the bill that<br />
bettor, although the bet was the first he had<br />
passed both houses yesterday on a vote <strong>of</strong> 24-7,<br />
made through Catskill. Groth, who originally had<br />
New Jersey will be getting a new racing commission<br />
that will include two thoroughbred horse- men<br />
issued the non-sequiter <strong>of</strong> “I know why you’re suspicious,<br />
but that’s not my job,” came up with another<br />
beauty yesterday, saying, “This is a big left<br />
and two harness horsemen. The bill had received<br />
a second reading in the Senate on concurrence<br />
turn in the story, I’m afraid. I’m still in shock. It’s<br />
Monday and passed yesterday and now goes to<br />
always regrettable when humans act like the textbooks<br />
say they should.” Scientific Games’ Weil<br />
the governor’s desk. The bill requires that 4 <strong>of</strong><br />
the 9 members <strong>of</strong> the racing commission be owners<br />
or trainers <strong>of</strong> thoroughbred or standardbred<br />
said, “The industry is going to organize a task force<br />
and look into how to prevent this from happening<br />
horses, and stipulates they cannot hold a license<br />
again. Not immediately transferring data<br />
to race in New Jersey. Nothing precludes them<br />
and letting it sit in limbo was an accident<br />
from racing in any other state, however.<br />
waiting to happen.”<br />
Each commissioner will hold <strong>of</strong>fice for six<br />
years.
HARNESS TRACKS OF AMERICA<br />
Executive Newsletter<br />
A daily fax and e-mail report on racing and gaming developments in North <strong>America</strong> and beyond<br />
Stanley F. Bergstein, Editor<br />
PRESS PROVIDES THE ANSWER<br />
The coast-to-coast firestorm over the Breeders’<br />
Cup Ultra Pick Six continued to rage over the<br />
weekend, unabated, with huge press coverage<br />
despite no significant new developments. NTRA<br />
commissioner Tim Smith said Friday his organization<br />
doesn’t know what damage to racing’s<br />
integrity may have been done, but columnists and<br />
racing writers think they know, and are nearly<br />
unanimous in writing that racing has been grievously<br />
wounded. If bettors’ confidence hasn’t<br />
been shaken, a doubtful premise, the writers’ certainly<br />
has. Eclipse award winner Maryjean Wall<br />
answered Smith’s question by writing, “It’s clear<br />
from the buzz last week that until betting equipment<br />
is overhauled, players aren’t going to bet<br />
with any confidence that the product is secure.”<br />
Steven Crist said in his Daily Racing Form column<br />
Saturday that “the story is only going to get<br />
worse,” and Andy Beyer, also on Saturday, said<br />
“horseplayers worried about the<br />
implications....were surely amazed by the comments<br />
<strong>of</strong> Lorne Weil, chairman <strong>of</strong> the company<br />
where the alleged fraud was perpetrated, ‘that the<br />
matter had been resolved before any damage has<br />
been done.’” Beyer was unhappy that “although<br />
callers were invited to ask questions (in Weil’s<br />
press conference) the only ones the chairman took<br />
came from Wall Street analysts who lobbed him<br />
s<strong>of</strong>tballs.” He said it was no wonder those analysts<br />
“have credibility problems these days.” The<br />
few developments that did arise in recent days were<br />
AmTote president John Corckran Jr.’s statement<br />
that “an incident such as the one involving the<br />
Breeders’ Cup Pick Six could not happen within<br />
the AmTote system;” an order by the Illinois Racing<br />
Board to Arlington to withhold payment on the<br />
winning tickets, which Arlington already was doing;<br />
the announcement <strong>of</strong> a joint tightening<br />
<strong>of</strong> security by Magna Entertainment,<br />
Churchill Downs and NYRA; and the revelation<br />
that the first to sound the alarm ap-<br />
November 4, <strong>2002</strong><br />
parently was not the Breeders’ Cup or NTRA, as<br />
first indicated, but Jim Gallagher and Bill Nader<br />
<strong>of</strong> NYRA, who -- according to Mike Kane <strong>of</strong> the<br />
Schenectady Gazette newspapers -- alerted the<br />
New York Racing and Wagering Board after they<br />
arrived for work at Aqueduct on Sunday morning<br />
after the Cup at Arlington and found the<br />
Catskill lone winner “unusual.” They also contacted<br />
Gil Carmichael, director <strong>of</strong> mutuels at<br />
Arlington Park, and Ken Kirchner, who handles<br />
mutuels for the Breeders’ Cup.<br />
THE DONALD CROWS AGAIN<br />
Last week’s decision by New York state supreme<br />
court justice Joseph Teresi denying motions by<br />
the state to dismiss lawsuits challenging slots at<br />
tracks and Indian gaming has been hailed as a<br />
victory by -- who else? -- Donald Trump. The<br />
Donald told The Press <strong>of</strong> Atlantic City, “We’re<br />
very happy with it. It looks to me like it’s heading<br />
for a big trial, and based on that I think we<br />
have a very good chance <strong>of</strong> winning.” Trump<br />
denied that he was funding the lawsuit, but told<br />
the newspaper he “is involved in the fight.”<br />
HUBBY FIRED, SHE FIRES BACK<br />
Never underestimate the fury <strong>of</strong> a woman<br />
scorned, or one whose husband gets canned. A<br />
woman named Criste Scarnati, whose husband<br />
was removed as racing secretary at Prairie Meadows<br />
and later fired as pari-mutuel director, has<br />
co-published a pamphlet containing bitter attacks<br />
against the Iowa racetrack. The attack<br />
comes on the eve <strong>of</strong> an election referendum on<br />
whether to continue gaming at the track’s casino.<br />
Mrs. Scarnati denies connections between the<br />
pamphlet and her husband’s firing, saying she<br />
wrote it not for the man she loves but “to provide<br />
education and positive growth for a state I<br />
love.” She says it is a coincidence that it<br />
comes out just before the election.
HARNESS TRACKS OF AMERICA<br />
Executive Newsletter<br />
A daily fax and e-mail report on racing and gaming developments in North <strong>America</strong> and beyond<br />
Stanley F. Bergstein, Editor<br />
E-DAY FOR RACING, SLOTS<br />
Voters in eight states make decisions on gaming<br />
today, either directly or indirectly, and most <strong>of</strong> them<br />
affect racing. Three <strong>of</strong> the most interesting involve<br />
gubernatorial races -- in Maryland, Pennsylvania<br />
and Ohio -- and a fourth, in Arizona, could<br />
affect not only the governor’s race but also produce<br />
a nightmare if none <strong>of</strong> three gambling propositions<br />
receives a majority, as some expect.<br />
In Pennsylvania and Ohio the outcome seems assured.<br />
Both <strong>of</strong> Pennsylvania’s gubernatorial candidates,<br />
Democrat Ed Rendell and Republican<br />
Mike Fisher, favor slots at tracks, so that development<br />
seems likely even though there is some<br />
substantial legislative opposition.<br />
In Ohio, Republican Bob Taft is expected to score<br />
a clear victory over Democrat Timothy Hagan, and<br />
Taft’s resolute opposition to slots at tracks is not<br />
likely to change. Whether there is enough legislative<br />
strength to pass such a bill and override a<br />
Taft veto seems highly unlikely, although it is being<br />
predicted in some quarters because <strong>of</strong> Ohio’s<br />
budget crisis and school funding needs.<br />
Maryland is a different story. There is a tight race<br />
for governor there, between Kathleen Kennedy<br />
Townsend, the Democratic candidate who lends the<br />
magic Kennedy name to the race, and Robert<br />
Ehrlich Jr., a Republican who favors slots at<br />
tracks. Mrs. Townsend does not, and the winner<br />
could determine the future welfare <strong>of</strong> Rosecr<strong>of</strong>t<br />
Raceway under new owner Centaur, and <strong>of</strong> Ocean<br />
Downs and Pimlico and Laurel as well.<br />
Even Tom Grey, the Illinois crusader against gambling,<br />
acknowledges that if any state elects a governor<br />
who wants gambling, “It’s going to<br />
be pretty hard to stop it.”<br />
November 5, <strong>2002</strong><br />
Arizona is a totally different case, and a real Wild<br />
West battle was raging not only in the months leading<br />
to the election but on election morn today.<br />
If the fight were just between Proposition 202,<br />
backed by 17 Indian tribes, and Proposition 201,<br />
backed by Arizona’s horse and dog tracks that want<br />
slots, it is likely 202 would emerge a clear winner.<br />
But the issue is clouded by a third proposition --<br />
200 -- which is supported by Indians in the western<br />
part <strong>of</strong> the state, and which could split the vote<br />
enough so that none <strong>of</strong> the three bills muster the<br />
needed 50% plus one vote to carry. While more<br />
than one theoretically could pass, the more likely<br />
scenario is that none <strong>of</strong> the three muster the needed<br />
majority, in which case a new governor and legislature,<br />
and possibly the courts, would have to determine<br />
if the Indians retain their gambling monopoly<br />
in Arizona, or if horse and dog tracks share<br />
the privilege.<br />
Elsewhere Tennessee, which along with Utah and<br />
Hawaii is the only state without any form <strong>of</strong> legalized<br />
gambling, votes on a lottery today. And in<br />
Iowa, 11 counties vote on whether they want to<br />
continue gambling or end it. Iowa has an eightyear<br />
sunset review, and <strong>America</strong>n Gaming Association<br />
president Frank Fahrenkopf says the decisions<br />
in that state are “where the rubber meets<br />
the road.”<br />
Some familiar names in gambling legislation are<br />
up for election today. Robert Goodlatte <strong>of</strong> Virginia<br />
and Michael Oxley <strong>of</strong> Ohio, both Republicans,<br />
are expected to win. John Conyers and<br />
Barney Frank, both Democrats and both opponents<br />
<strong>of</strong> Internet prohibitions, are sure winners, Frank<br />
running unopposed. Republican Mike Castle <strong>of</strong><br />
Delaware, who also opposes the Leach bill, is considered<br />
a shoo-in in Delaware. Leach himself<br />
may not survive in Iowa.
HARNESS TRACKS OF AMERICA<br />
Executive Newsletter<br />
A daily fax and e-mail report on racing and gaming developments in North <strong>America</strong> and beyond<br />
Stanley F. Bergstein, Editor<br />
THE PEOPLE SPEAK LOUDLY<br />
Somewhere today, the Rev. Tom Gray, <strong>America</strong>’s<br />
most vocal critic <strong>of</strong> gambling, is turning white,<br />
blanching with the results <strong>of</strong> nationwide votes in<br />
which the people made it clear they like gambling<br />
and are prepared to support more.<br />
In Iowa, a testing ground where <strong>America</strong>n Gaming<br />
Association president Frank Fahrenkopf said<br />
“the rubber hits the road,” all 11 counties that had<br />
to vote on continuing casino gambling for another<br />
eight years gave their blessings by wide margins.<br />
In Maryland, the pro-slots-at-tracks candidate<br />
Robert Ehrlich Jr. was elected governor, defeating<br />
slots opponent Kathleen Kennedy Townsend.<br />
In Tennessee, voters approved a state lottery. If<br />
the legislature follows the voters wishes, it will<br />
leave Utah and Hawaii as the only states without<br />
legal gambling.<br />
In North Dakota, a proposal to join a multistate<br />
lottery won by an overwhelming majority<br />
In Arizona, proposition 202, which expands Indian<br />
gaming, is winning by a narrow margin, but proposition<br />
201, which would have given the state’s horse<br />
and dog tracks the same privilege, went down to<br />
defeat. Voters approved the continuation <strong>of</strong> the<br />
state lottery for another 10 years, but the<br />
governor’s race was still too close to call at press<br />
time. Almost $40 million was spent on the casino<br />
gaming battle, and there were some humorous<br />
overtones. The tracks were sued by the makers<br />
<strong>of</strong> Energizer Bunny batteries, which claimed trademark<br />
and copyright infringement after the tracks<br />
used the Bunny in advertising, and the tracks were<br />
threatening to sue Maricopa county after their<br />
pitchman, Joe Arizona, was cited on Halloween for<br />
impersonating a state policeman. Across<br />
the country, a number <strong>of</strong> towns voted<br />
against casinos in their borders.<br />
November 6, <strong>2002</strong><br />
DEATH STALKS SULKY SPORT<br />
Three prominent figures in harness racing died in<br />
recent days.<br />
Most shocking was the death at 38 <strong>of</strong> Brian Pinske,<br />
whose body was found by his parents in his hotel<br />
room in Harrisburg, PA, where he was attending<br />
the weeklong Standardbred Horse Sale. An autopsy<br />
was ordered by the Dauphin county<br />
coroner’s <strong>of</strong>fice, but results were not yet available.<br />
Pinske was one <strong>of</strong> the most successful trainer-drivers<br />
on the formidable Chicago circuit, and was<br />
having his most successful season, his $2.6 million<br />
in stable earnings ranking him sixth nationally<br />
among all trainers this year. A graduate <strong>of</strong><br />
Mankato State college, his powerful stable had<br />
won 127 races this year, led by the topnotch 2-<br />
year-old pacer Yankee Cruiser, a winner <strong>of</strong> 9 races<br />
and $342,994. Pinski is survived by his wife<br />
Brandy; a 3-year-old daughter, McKenna; his<br />
parents Tim and Marlys, <strong>of</strong> Plato, Minnesota; and<br />
a brother, Karl. Brian’s father and grandfather<br />
both were harness horse trainers.<br />
Leon Machiz, who campaigned such standouts as<br />
the $1 million North <strong>America</strong> Cup winner Arizona<br />
Jack, the Kentucky Futurity runner-up TV Yankee<br />
and the champion 2-year-old pacer <strong>of</strong> 1999,<br />
Tyberwood, died <strong>of</strong> cancer this week at 78. He<br />
was the former CEO and chairman <strong>of</strong> Avnet, one<br />
<strong>of</strong> the world’s foremost distributors <strong>of</strong> electronic<br />
components, and a civic leader in the New York<br />
area. He is survived by his wife Loraine; son Gary,<br />
a well known trainer; another son, Marc; and a<br />
daughter, Linda.<br />
Bernard Mann, former owner and president <strong>of</strong> the<br />
New Jersey Nets <strong>of</strong> the NBA and a longtime owner<br />
whose Escort won the first Meadowlands Pace in<br />
1977 and whose Goalie Jeff and Clover Hanover<br />
also were major stakes winners, died at 73.
HARNESS TRACKS OF AMERICA<br />
Executive Newsletter<br />
A daily fax and e-mail report on racing and gaming developments in North <strong>America</strong> and beyond<br />
Stanley F. Bergstein, Editor<br />
THE STORY THAT WON’T QUIT<br />
Thirty-five more pages <strong>of</strong> copy, representing a<br />
full spectrum ranging from the Albany Times-<br />
Union to the Baltimore Sun to the Grand Forks,<br />
North Dakota Herald to the Louisville Courier-<br />
Journal and Los Angeles Journal to the New York<br />
Times, New York Post and Newsday, to the Washington<br />
Post were waiting on the desk this morning,<br />
all telling <strong>of</strong> the involvement <strong>of</strong> a third Tau<br />
Kappa Epsilon fraternity brother from Drexel university<br />
in the Breeders’ Cup Ultra Pick Six scandal.<br />
Other than the introduction <strong>of</strong> the name <strong>of</strong><br />
29-year-old Glen DeSilva, a frat brother <strong>of</strong> previously<br />
identified Derek Davis and Chris Harm,<br />
there was little to add to the story, except that<br />
DeSilva apparently was one <strong>of</strong> the bettors at<br />
Catskill OTB that led Don Groth to his initial endorsement<br />
<strong>of</strong> the Pick Six winner as simply a lucky<br />
guy he could vouch for. Although Groth did not<br />
identify DeSilva, others did, and said he had made<br />
frequent wagers at Catskill before the Pick Six<br />
story broke. No one has been charged as yet, but<br />
when they are that event will insure continuation<br />
<strong>of</strong> the story in all its glory, or gory.<br />
There was another interesting unrelated development,<br />
however, that cast an even longer shadow<br />
on computer hacking or manipulating or whatever<br />
you choose to call it. G-Tech Holdings Corporation,<br />
the world’s largest operator <strong>of</strong> national and<br />
state lotteries, which MSNBC News says operates<br />
computerized management systems to track<br />
and authorize payments <strong>of</strong> 94% <strong>of</strong> U.S. scratch<br />
lottery tickets and 71% <strong>of</strong> those sold worldwide,<br />
has warned governments that it is recalling hundreds<br />
<strong>of</strong> thousands <strong>of</strong> tickets in Taiwan after making<br />
discoveries that led it to believe the bar code<br />
used on the ticket has been cracked by outsiders.<br />
Government lotteries sold $27.5 billion<br />
(that’s with a B) scratch tickets around the<br />
world in the year ending June 30, 2001,<br />
latest numbers available.<br />
November 7, <strong>2002</strong><br />
MSNBC said a Gtech scanner reads a unique bar<br />
code on each ticket and transmits it to a central<br />
computer for authorization to make a payout. In<br />
theory, it says, “a crooked distributor who knew<br />
the code numbers that authorized payouts could<br />
scan a sheet <strong>of</strong> tickets, pick out the winners and<br />
buy and cash them himself.” Gtech’s Taiwin tickets<br />
are printed by Pollard Banknote Ltd. <strong>of</strong><br />
Winnipeg, Manitoba. Gordon Pollard, the<br />
company’s co-CEO, told MSNBC the recall was<br />
not due any printing mistakes in printing, but declined<br />
further comment.<br />
STILL COUNTING IN ARIZONA<br />
We’re a little slow in the great Southwest, so we<br />
can’t tell you for certain that Proposition 202, which<br />
strengthens the Indian hold on gaming in the state,<br />
has passed. It was leading 51.6% to -48.4% as <strong>of</strong><br />
this morning, with 150,000 absentee ballots still to<br />
be counted. There was no question, however, what<br />
voters thought <strong>of</strong> letting Turf Paradise and Rillito<br />
Park and the dog tracks <strong>of</strong> Arizona in on the action.<br />
They lambasted that proposal by a vote <strong>of</strong><br />
774,315 to 194,942, indicating that either the<br />
tracks did a lousy job promoting the proposition<br />
or the people <strong>of</strong> the state simply think the Indians<br />
deserve a chance to better themselves and the<br />
tracks have enough already.<br />
Prairie Meadows in Iowa, on the contrary, breezed<br />
home an easy winner, as predicted, getting a solid<br />
mandate to operate its racino for another eight<br />
years. One breeder who spent $600,000 on improvements<br />
<strong>of</strong> their equine station told Blood-<br />
Horse “the track was too good <strong>of</strong> a thing for Iowa<br />
to lose. I can’t imagine taking something away<br />
that’s done this much good.” Her fellow voters<br />
agreed heartily with that view, and gambling won<br />
easily in all 11 Iowa counties where it currently is<br />
legal and where voters indicated clearly that<br />
they wanted it to remain.
HARNESS TRACKS OF AMERICA<br />
Executive Newsletter<br />
A daily fax and e-mail report on racing and gaming developments in North <strong>America</strong> and beyond<br />
Stanley F. Bergstein, Editor<br />
DREXEL BOYS: MORE THAN 3?<br />
As the Breeders’ Cup Ultra Pick Six investigation<br />
widens and federal investigators become involved<br />
in the scam, HTA sources report that Derrick<br />
Davis, Chris Harn and Glen DaSilva may not be<br />
the only Drexel fraternity brothers involved in the<br />
matter. Thoroughbred Times reports that the investigation<br />
now has been turned over to the <strong>of</strong>fice<br />
<strong>of</strong> the United States Attorney General, and in another<br />
development reported by Daily Racing<br />
Form, it turns out that Glen DaSilva, one <strong>of</strong> the<br />
three former Drexel Tau Kappa Epsilon members<br />
under investigation, also won -- through another<br />
Catskill OTB bet -- $1,851.20 on a Pick Four at<br />
Balmoral Park Oct. 3, and $115,408 on a Pick Six<br />
at Belmont Park two days later. In the Balmoral<br />
bet, DaSilva allegedly used single picks on the first<br />
two legs and all-all on the final two. At Belmont<br />
DaSilva had eight winning tickets, each worth<br />
$13,070, and 96 consolation tickets, each worth<br />
$113. No charges have been filed as yet, but the<br />
three fraternity brothers have been evasive in coming<br />
forward to discuss their bets, letting their attorneys<br />
say simply that they have done nothing<br />
wrong. The New York Post staked out Chris Harn’s<br />
home, which they characterized as “spacious,” and<br />
a photographer followed him to a local unemployment<br />
<strong>of</strong>fice, where the paper reported he spent 90<br />
minutes, “apparently filing for unemployment benefits.”<br />
The Post ran the first picture <strong>of</strong> Harn to<br />
appear since the scandal broke, and said Harn is<br />
married “with a toddler and a large mortgage,”<br />
and said he was unshaven and looked tired and<br />
dejected. When Harn was asked about his relationship<br />
with Derrick Davis, who placed the Cup<br />
Pick Six bets, he said, “I have no comment to make<br />
to the press. Get <strong>of</strong>f my property.” For guys who<br />
have nothing to hide, the Drexel Three are following<br />
a course that can only lead the press<br />
to more aggressive pursuit, and more coverage<br />
is assured.<br />
November 8, <strong>2002</strong><br />
NTRA TAKES NEW STEPS<br />
Responding forcefully to the Pick Six situation, the<br />
National Thoroughbred Racing Association announced<br />
three steps today “to improve electronic<br />
wagering security and increase customer confidence.”<br />
Through its recently formed Wagering<br />
Technology Working Group, NTRA announced:<br />
1) Within 21 days, each tote company involved with<br />
any NTRA-affiliated licensed racetrack <strong>of</strong> <strong>of</strong>f-track<br />
wagering entity shall have commenced installation<br />
<strong>of</strong> the necessary s<strong>of</strong>tware (with completed installation<br />
within 30 days) to scan all wagering pools in<br />
connection with multi-race wagers after each race<br />
or ‘leg’ <strong>of</strong> such multi-race wager;<br />
2) Each account wagering operator authorized to<br />
conduct wagering by any NTRA-affiliated race<br />
track also shall have installed the necessary s<strong>of</strong>tware<br />
to record account wagers via telephone (e.g.,<br />
interactive voice response or touch tone) made<br />
through its system;<br />
3) As an interim security measure, any winning<br />
simulcast wager involving multiple-leg bets will be<br />
reviewed by the relevant racing organizations. Any<br />
wager deemed irregular or otherwise questionable<br />
will be thoroughly reviewed with supporting details<br />
provided by the tote company or companies involved<br />
to the management <strong>of</strong> the host track.<br />
10-YEAR ALBERTA EXTENSION<br />
Horse Racing Alberta, the governing body <strong>of</strong> racing<br />
in that province, has <strong>of</strong>fered a 10-year license<br />
extension to HTA member Northlands Park. At<br />
the same time, HRA said it was not prepared to<br />
<strong>of</strong>fer a long term racetrack license for the Calgary<br />
market at this time, citing an inability to meet standards.
HARNESS TRACKS OF AMERICA<br />
Executive Newsletter<br />
A daily fax and e-mail report on racing and gaming developments in North <strong>America</strong> and beyond<br />
Stanley F. Bergstein, Editor<br />
PICK SIX TRIO TO SURRENDER<br />
According to this morning’s New York Daily News,<br />
the Drexel Boys, the trio <strong>of</strong> former Drexel university<br />
fraternity brothers suspected <strong>of</strong> nearly pulling<br />
<strong>of</strong>f horse racing’s biggest scam, will turn themselves<br />
in at 8 a.m. tomorrow morning at the Southern<br />
District U.S. attorney’s <strong>of</strong>fice in White Plains,<br />
NY. Still pr<strong>of</strong>essing innocence through their attorneys,<br />
the three reportedly will be charged with wire<br />
fraud conspiracy for a scheme which could have<br />
netted $3 million.<br />
NASTINESS IN NEW JERSEY<br />
Open warfare has broken out between the New<br />
Jersey Racing Commission, as it now exists, and<br />
the state’s Thoroughbred Horsemen’s Association.<br />
Frank Zanzuccki, executive director <strong>of</strong> the commission,<br />
has charged in a nine-page memorandum<br />
that the horsemen’s association has mismanaged<br />
hundreds <strong>of</strong> thousands <strong>of</strong> dollars on legal fees and<br />
political contributions, and has asked the state attorney<br />
general to investigate the charges. He also<br />
suggested the leadership <strong>of</strong> the organization should<br />
be ousted. <strong>Inc</strong>luded in the memo was the allegation<br />
that Dennis Drazin, the ambitious lawyer who<br />
claims Gov. James E. McGreevey has agreed to<br />
name him chairman <strong>of</strong> the new racing commission<br />
recently approved by legislation, received<br />
$645,000 in legal fees as lawyer, strategist and loud<br />
spokesman for the thoroughbred horsemen, <strong>of</strong><br />
which he is one. Zanzuccki said in his memo that<br />
the thoroughbred association improperly spent<br />
nearly $800,000 more than allowed from its<br />
Bookkeeper’s Interest Fund on legal fees and political<br />
contributions, and urged the commission to<br />
take over management <strong>of</strong> the $1.2 million fund.<br />
At least some thoroughbred horsemen share<br />
Zanzucci’s concerns. One <strong>of</strong> them, veteran trainer<br />
Robert Durso, said rank-and-file members<br />
have grown frustrated with the way the organization<br />
is run.<br />
November 11, <strong>2002</strong><br />
While that battle was underway, the New Jersey<br />
Senate Economic Growth, Agriculture and Tourism<br />
Committee announced it would meet next<br />
Monday to consider two Democratic-sponsored<br />
bills that would authorize slots for the Meadowlands<br />
racetrack.<br />
CLOSE THE WINDOWS EARLY?<br />
That was Churchill Downs’ answer last week to<br />
tampering with pools, and it will go into effect this<br />
Wednesday at Churchill, Hollywood Park, Calder<br />
in Florida and Hoosier Park in Anderson, Indiana.<br />
Tom Meeker, Churchill’s CEO, announced that tote<br />
terminals will be locked between a minute and a<br />
half and two minutes before <strong>of</strong>f time, saying he<br />
was less concerned about the cost <strong>of</strong> closing the<br />
windows early than <strong>of</strong> the loss <strong>of</strong> consumer confidence.<br />
How widespread the solution will be<br />
adopted remains to be seen. Nick Nicholson, president<br />
<strong>of</strong> Keeneland, said his guess was that by next<br />
April every track in the country would be doing it.<br />
But in Louisiana, Fair Grounds president Bryan<br />
Krantz, who also is president <strong>of</strong> the Thoroughbred<br />
Racing Associations, said he thought an early cut<strong>of</strong>f<br />
<strong>of</strong> betting would aggravate bettors. “You lock<br />
wagering two or three minutes out, that’s really<br />
going to start being a problem for the players,” he<br />
said. Thoroughbred Times quoted Jack Liebau,<br />
director <strong>of</strong> west coast racing for Magna and president<br />
<strong>of</strong> Golden Gate Fields, as saying his track<br />
would not change existing policy pending a review<br />
by the California Horse Racing Board. And in<br />
Ohio, former HTA president and Northfield Park<br />
general manager Tom Aldrich told the Cleveland<br />
Plain Dealer’s Bob Roberts that he was not prepared<br />
to follow Churchill’s lead. Up the street,<br />
from Northfield, Thistledown general manager Bill<br />
Murphy said he would wait for word from headquarters,<br />
meaning Jim McAlpine, president <strong>of</strong><br />
Magna Entertainment, which owns Thistledown.
HARNESS TRACKS OF AMERICA<br />
Executive Newsletter<br />
A daily fax and e-mail report on racing and gaming developments in North <strong>America</strong> and beyond<br />
Stanley F. Bergstein, Editor<br />
BIG CHANGES AT NORTHLANDS<br />
One day after Horse Racing Alberta <strong>of</strong>fered<br />
Northlands Park a 10-year license, the HTA track<br />
in Edmonton, Alberta announced plans to spend<br />
$40 million on expansion <strong>of</strong> the racing operation<br />
that would make Northlands “the finest racing facility<br />
in Canada west <strong>of</strong> Woodbine in Toronto.” On<br />
the drawing board is extension <strong>of</strong> the present fiveeighths<br />
mile track to six and one half furlongs, or<br />
just less than seven-eighths <strong>of</strong> a mile, for thoroughbred<br />
racing, with a new five-eighths mile harness<br />
track built inside <strong>of</strong> the running track. In addition,<br />
a new paddock and walking ring would be constructed,<br />
and the Northlands infield might be redesigned<br />
for jumping and dressage shows.<br />
Northlands president Eric Young said funding for<br />
the project would come from slot machine revenue.<br />
The track currently has 500 slots, with 52% <strong>of</strong> the<br />
revenue going to Horse Racing Alberta, the provincial<br />
governing body, and that group will have to<br />
approve allocation <strong>of</strong> funds for the rebuilding<br />
project. Since the plans were included in<br />
Northlands’ license application which resulted in<br />
the 10-year license grant, and HRA chairman Dr.<br />
David Reid, a thoroughbred owner, seemed enthusiastic<br />
about the project, that possibility seems<br />
assured. Northlands’ board <strong>of</strong> directors and city<br />
council also must approve the project, but president<br />
Young seems confident <strong>of</strong> a green light from<br />
both. Northlands may stop live racing next September<br />
for the track reconstruction program and<br />
rearrange its 2004 schedule, which by contract includes<br />
68 days <strong>of</strong> thoroughbred racing and a 53-<br />
day spring harness meeting.<br />
NEW WEB SITE AT WOODBINE<br />
Woodbine Entertainment Group, which operates<br />
Woodbine in Toronto and Mohawk Raceway in<br />
Campbellville, Ontario, has launched an<br />
ambitious new Web site that fans can customize.<br />
November 12, <strong>2002</strong><br />
The site will <strong>of</strong>fer real-time entries, results and<br />
charts from more than 75 North <strong>America</strong>n tracks,<br />
along with live racing video and audio feeds, schedules<br />
and programs, and is designed to be the ultimate<br />
word in racing Web sites. Called<br />
“myWEG.com,” it is called “a breakthrough in the<br />
way we can deliver up-to-the-minute information<br />
to our core audience” by Shelley Clifford,<br />
Woodbine’s Web Manager. Clifford says the level<br />
<strong>of</strong> customization available, coupled with the<br />
breadth and depth <strong>of</strong> the racing stats fans can access,<br />
is unprecedented. The site was designed by<br />
iLeo, a Leo Burnett company in Toronto, and developed<br />
by White Label Technologies.<br />
DREXEL BOYS IN COURT TODAY<br />
Chris Harn, Derrick Davis and Glen DaSilva --<br />
the ex-Drexel university fraternity brothers involved<br />
in the national Pick Six scandal -- turned<br />
themselves in to the FBI in White Plains, NY, this<br />
morning, and were scheduled to appear this afternoon<br />
in federal district court to hear the<br />
government’s criminal complaint against them on<br />
wire fraud conspiracy charges.<br />
MARYLAND, MY MARYLAND<br />
HometownAnnapolis.com reports that<br />
Maryland’s governor-elect Robert Ehrlich will<br />
meet with legislators this week to discuss the future<br />
<strong>of</strong> slot machines at state tracks. State senate<br />
president Thomas V. Mike Miller, a Democrat,<br />
criticized Ehrlich’s proposal before the election,<br />
but now says, “I’m for slot machines at race tracks,<br />
but it needs to be done the Maryland way, which is<br />
the correct way.” He indicates that way is that<br />
they be placed at tracks only, and nowhere else,<br />
and an Ehrlich spokeswoman says the new governor<br />
agrees with that plan. Whether the legislature<br />
will approve, or send the matter to a referendum,<br />
could determine whether the idea materializes<br />
in 2003 or 2004.
HARNESS TRACKS OF AMERICA<br />
Executive Newsletter<br />
A daily fax and e-mail report on racing and gaming developments in North <strong>America</strong> and beyond<br />
Stanley F. Bergstein, Editor November 13, <strong>2002</strong><br />
COCAINE, SOUND BITES & ALL MASS, OHIO UP FOR SLOTS?<br />
The three Drexel Boys showed up in court yesterday<br />
on their Pick Six charges, two <strong>of</strong> them testing tured most attention as next in line for slots at<br />
Although Pennsylvania and Maryland have cap-<br />
positive for cocaine, and the press was on hand, tracks, it appears there is a good chance Massachusetts<br />
and Ohio may join them early next year.<br />
en masse, to cover the story. The U.S. Attorney<br />
for the Southern District <strong>of</strong> New York did not disappoint<br />
the newsmen, providing solid sound bites paved the way with statements in recent days.<br />
Two key <strong>of</strong>ficials in the Bay State seemingly have<br />
worthy <strong>of</strong> the occasion. Asked if he felt the scam House speaker Thomas M. Finneran, an opponent<br />
was worthy <strong>of</strong> a Hollywood movie, he replied, “It’s <strong>of</strong> new forms <strong>of</strong> legalized gaming in the past, now<br />
already been made, but with much better-looking says he is willing to consider any idea that would<br />
people,” referring to Robert Redford and Paul generate money for the state. And the next Senate<br />
president, Democrat Robert E. Travaglini, who<br />
Newman in the 1973 production “The Sting.” The<br />
federal attorney, James B. Comey, also told the has two tracks —Suffolk Downs and Wonderland<br />
press, “These suspects bet that law enforcement — in his district, says he supports slots at all four<br />
could not catch them. But that’s a bet they could tracks in the state as a way <strong>of</strong> preserving jobs.<br />
not fix.” Today’s coverage <strong>of</strong> the surrender <strong>of</strong> the<br />
three weighed in at HTA at 1.3 pounds on the Press<br />
Richter Scale, complete with pictures <strong>of</strong> the three<br />
in handcuffs.<br />
HTA has posted the complete Complaint in the<br />
case, United States <strong>of</strong> <strong>America</strong> v. Christopher<br />
Harn, Derrick Davis and Glen DaSilva, on our Web<br />
site, www.harnesstracks.com, and it is available<br />
there now.<br />
In other developments in the Pick Six affair, the<br />
Illinois Racing Board, meeting yesterday, banned<br />
all bets in the state with more than three legs, thus<br />
putting Pick Four and Pick Six wagers out <strong>of</strong> action<br />
for the time being. The racing board said it<br />
also intends to prohibit anyone betting in Illinois<br />
from wagering on a Pick Four or Pick Six held at<br />
any other track, although it did not say how it intended<br />
to do that. It also deferred licensing<br />
Autotote and AmTote for 2003, but will consider<br />
that decision at its next meeting Dec. 9. In California,<br />
Hollywood Park has petitioned the California<br />
Horse Racing Board to allow it the<br />
option <strong>of</strong> closing betting pools approximately<br />
two minutes before the start <strong>of</strong> each<br />
race, now Churchill Downs policy.<br />
In Ohio, the president <strong>of</strong> the state Senate, Richard<br />
Finan, said he expects that body to pass, perhaps<br />
as early as next week, legislation authorizing<br />
electronic slots machines at the state’s seven<br />
tracks. The Speaker <strong>of</strong> the House, Larry Householder,<br />
also supports the idea, and said yesterday<br />
he is counting votes to see how much support can<br />
be generated there. A spokeswoman for Gov. Bob<br />
Taft, re-elected last week, said the governor will<br />
veto any such legislation, and other legislative leaders<br />
oppose it as well.<br />
IN NJ, PRESS HANDICAPS RACE<br />
New Jersey’s largest newspaper, the Newark<br />
Star-Ledger, thinks it knows who will make the<br />
cut in the Sports and Exposition Authority derby<br />
to determine who gets to redevelop 107 acres <strong>of</strong><br />
its property. The paper says that when Authority<br />
president/CEO George Z<strong>of</strong>finger makes the cut<br />
from six to three proposals two months from now,<br />
the winners will be Hartz Mountain/Forest City<br />
Ratner, with its Expo Park; Mack Cali Realty and<br />
its Xanadu; and Westfield Holdings with its<br />
Arena Place. The Hartz Mountain proposal<br />
calls for public bonds, the other two do not.
HARNESS TRACKS OF AMERICA<br />
Executive Newsletter<br />
A daily fax and e-mail report on racing and gaming developments in North <strong>America</strong> and beyond<br />
Stanley F. Bergstein, Editor November 14, <strong>2002</strong><br />
NO JOY IN CHICAGO, TORONTO that the California Horse Racing Board consider<br />
Two <strong>of</strong> North <strong>America</strong>’s biggest racing operations its new rules for closing windows two minutes before<br />
post at its Hollywood Park operation, but the<br />
reacted angrily yesterday to bans on Pick Six and<br />
other multiple wagering pools in the wake <strong>of</strong> the board does not intend to take any action until a<br />
Drexel Boys scandal. After the Canadian Pari- week from today at the earliest.<br />
Mutuel Agency placed restrictions on what it calls<br />
“scan pools,” Woodbine’s vice president <strong>of</strong> wagering<br />
operations, Steve Mitchell, issued a release ing a different issue, Youbet.com, stung by con-<br />
In another response to bettor confidence, involv-<br />
calling the action a “bureaucratic knee-jerk reaction”<br />
to the Breeders’ Cup Pick Six that has gen-<br />
deposits in the face <strong>of</strong> Youbet’s financial problems,<br />
cerns <strong>of</strong> bettors about the security <strong>of</strong> their betting<br />
erated huge negative continent-wide press coverage.<br />
“My understanding <strong>of</strong> the CPMA’s mission deposits in a trust that will be managed by<br />
announced that it was placing all wagering account<br />
is to protect the betting public, not deprive them Comerica. Daily Racing Form’s Matt Hegarty<br />
<strong>of</strong> wagering opportunities,” Mitchell said, adding quoted Youbet’s CFO, Gary Sproule, as saying the<br />
that in his opinion the CPMA action is “not a reasonable<br />
or progressive response to this serious operational expenses. The Form said Youbet has<br />
company has never used customer deposits for any<br />
issue.” He said Woodbine Entertainment is committed<br />
to operating its business in a manner that<br />
lost $85 million over the past four years.<br />
ensures the integrity <strong>of</strong> the wagering process, adding<br />
that it wishes to be involved with other industry<br />
partners in the process to guarantee the security<br />
<strong>of</strong> current wagering systems. Mitchell said<br />
Woodbine was concerned that the Agency had<br />
acted “without any consultation whatsoever with<br />
the racetracks <strong>of</strong> Canada.” Ron Nichol, the<br />
CPMA’s director <strong>of</strong> program coordination and national<br />
standards, defended the action, saying the<br />
delayed transmission <strong>of</strong> information in the Pick Six<br />
and similar bets was a loophole in security, and<br />
that “We had to plug that hole immediately.”<br />
In Chicago, where the Illinois Racing Board<br />
passed a rule temporarily banning Pick Six and<br />
Pick Four betting, the president <strong>of</strong> Arlington Park,<br />
Steve Sexton, echoed Mitchell’s pronouncements,<br />
calling the action “premature” and saying the<br />
tracks had no opportunity to discuss the issue and<br />
were caught totally by surprise. Tom Carey III,<br />
director <strong>of</strong> operations at Hawthorne, also<br />
criticized the Board action, calling it “arbitrary.”<br />
Churchill Downs has requested<br />
MAGNA BREEZES IN MARYLAND<br />
Despite a lot <strong>of</strong> grumbling and harumphing by racing<br />
commission members in Maryland prior to<br />
yesterday’s hearing on Magna Entertainment’s<br />
purchase <strong>of</strong> controlling interest in Pimlico and Laurel,<br />
the commission gave Magna a rousing vote <strong>of</strong><br />
confidence and bouquets <strong>of</strong> compliments as it approved<br />
the sale, 9 to 0, yesterday. Each <strong>of</strong> the<br />
commissioners thanked Magna president and<br />
CEO Jim McAlpine for his cooperation during the<br />
review process, and one <strong>of</strong> them, Terry Saxon, said,<br />
“You can’t believe how accommodating they’ve<br />
been.” McAlpine said a required guarantee to<br />
spend a minimum <strong>of</strong> $15 million in renovations by<br />
June 30, 2004, “wasn’t very important because we<br />
would have wound up doing it anyway.”<br />
HERPES OUTBREAK IN ONT.<br />
Seven horses are dead and 220 are being treated<br />
after a suspected outbreak <strong>of</strong> equine herpes virus<br />
in Ontario following the Forest City Yearling sale<br />
there.
HARNESS TRACKS OF AMERICA<br />
Executive Newsletter<br />
A daily fax and e-mail report on racing and gaming developments in North <strong>America</strong> and beyond<br />
Stanley F. Bergstein, Editor<br />
WILLMOT HEADS FOR OTTAWA<br />
A very angry David Willmot headed for Ottawa<br />
today with a delegation <strong>of</strong> 20 or 25 horsemen and<br />
track representatives from across Canada, irate<br />
at arbitrary action without consultation by the Canadian<br />
Pari-Mutuel Agency, the federal control<br />
board <strong>of</strong> racing in Canada. The Woodbine Entertainment<br />
chairman and CEO lashed out at the<br />
Agency’s actions and press coverage <strong>of</strong> it yesterday,<br />
acknowledging CPMA’s authority but saying<br />
it should have waited for <strong>America</strong>n findings and<br />
coordinated action with the NTRA, and saying<br />
some <strong>of</strong> its announced requirements are “impossible<br />
with current technology.” Willmot said the<br />
proposals, if not modified or rescinded, could have<br />
“severe if not catastrophic” effects on Canadian<br />
pari-mutuel operation. He particularly deplored<br />
the lumping <strong>of</strong> Superfecta wagering with Pick Six<br />
‘scan bets’, and was highly critical <strong>of</strong> Toronto<br />
newspaper coverage <strong>of</strong> the events. He used such<br />
terms as “irresponsible, inaccurate, not true, gross<br />
exaggeration and misrepresentation” in describing<br />
that coverage, and was particularly upset about<br />
reports <strong>of</strong> vulnerability to hackers with PCs breaking<br />
into betting pools, as opposed to the reality <strong>of</strong><br />
the situation in which a senior computer programmer<br />
with codes and access allegedly made changes<br />
within the inner confines <strong>of</strong> Autotote. He deplored<br />
CPMA talk <strong>of</strong> “tremendous holes in tote networks,”<br />
and said there was no reason to believe<br />
that any Canadian pool had ever been manipulated.<br />
Willmot said Woodbine had asked the<br />
CPMA to suspend the regulations pending further<br />
study and cooperation with U.S. efforts, but said<br />
the agency declined to postpone their decision to<br />
close down all exotic bets, including the Superfecta.<br />
The CPMA, with 50 or 60 employees headed by<br />
Elizabeth Massey, is an arm <strong>of</strong> the ministry <strong>of</strong><br />
agriculture in Canada. Willmot said its<br />
actions threw the entire racing industry<br />
into confusion and chaos in Canada.<br />
November 15, <strong>2002</strong><br />
He called the agency’s actions “jumping the gun<br />
without consultation,” and said they would limit<br />
Canadian racing’s ability to do business with the<br />
United States. Willmot said that if the agency<br />
thought there were “tremendous holes in tote networks”<br />
it should have been aware <strong>of</strong> it for decades,<br />
and should have taken action in consultation with<br />
tote companies and Canadian tracks. Willmot<br />
also was livid at a newspaper report quoting CPMA<br />
executive director Elizabeth Massey as saying<br />
provincial racing commissions across Canada supported<br />
the agency’s actions. He said Jean Major,<br />
executive director <strong>of</strong> the Ontario Racing Commission,<br />
had not been consulted and that saying<br />
Ontario’s commission strongly supported the action<br />
was not true. Willmot and the other racing<br />
leaders in his delegation plan to meet with the<br />
CPMA today.<br />
HEAT IN ILLINOIS, TOO<br />
The Illinois Racing Board, criticized by tracks<br />
there for temporarily banning Pick Four and Pick<br />
Six pools, tabled a request from Arlington Park<br />
president Steve Sexton to rescind the prohibition.<br />
The board said the matter will not be reconsidered<br />
until its next meeting Dec. 9. Hawthorne<br />
Race Course, taking its own action to rebut the<br />
damage to its betting pools, announced that starting<br />
today it will <strong>of</strong>fer superfecta betting on all races<br />
except the first and will have Pick Threes on the<br />
first, fourth and seventh race <strong>of</strong> every program.<br />
Chicago Sun-Times’ reporter Jim O’Donnell, a<br />
caustic observer <strong>of</strong> the racing scene, had a different<br />
solution: “One hopeful thought could be generated<br />
after the board’s asinine charade...A grand<br />
civic gift to the people <strong>of</strong> Illinois, and Gov.-elect<br />
Rod Blagojevich, would be the mass resignation<br />
<strong>of</strong> all commissioners and senior staff at the panel’s<br />
regular December meeting.” O’Donnell said that<br />
way the governor “could ashcan the chronically<br />
catatonic and bring in more savvy, unagendaed<br />
thinking.”
HARNESS TRACKS OF AMERICA<br />
Executive Newsletter<br />
A daily fax and e-mail report on racing and gaming developments in North <strong>America</strong> and beyond<br />
Stanley F. Bergstein, Editor<br />
SUPERFECTA BACK AT WEG<br />
Following a meeting <strong>of</strong> racing executives, <strong>of</strong>ficials<br />
<strong>of</strong> all three major tote companies, Racetracks <strong>of</strong><br />
Canada and the Canadian Pari-Mutuel Agency,<br />
superfecta wagering is being restored to the betting<br />
calendar <strong>of</strong> Woodbine Entertainment and other<br />
Canadian tracks today. Pick Fours and Pick Sixes<br />
will remain banned by the CPMA while information<br />
has been successfully evaluated, and the organization<br />
agreed that while it conducts its own<br />
investigations it will participate with the NTRA<br />
Technology Task Force to develop a North <strong>America</strong>n<br />
standard for multi-race scan bets. Racetracks<br />
<strong>of</strong> Canada executive vice president Stephen<br />
Edwards called Friday’s meeting “very successful<br />
and productive.”<br />
In another development on the technology front,<br />
the University <strong>of</strong> Arizona Race Track Industry<br />
Program has made a late change in its Symposium<br />
agenda, adding a panel discussion on “The Integrity<br />
<strong>of</strong> Technology” to its Wednesday, December<br />
11 program. Doug Reed, director <strong>of</strong> the RTIP,<br />
said, “Given the recent series <strong>of</strong> events and the<br />
potential changes within the industry as a result,<br />
this is a ‘must have’ panel.” To make room for it,<br />
Reed rescheduled a session on “Account Wagering<br />
-- Bettors, Boundaries and Barriers” to 8 a.m.<br />
Friday, Dec. 13. The latest Symposium on Racing<br />
scheduling, with speaker listings, can be found at<br />
www.ag.arizona.edu/rtip.<br />
HTA DIRECTORS -- CALL SABLE<br />
To all HTA directors: If you are planning on attending<br />
the Racing Symposium, please pick up the<br />
phone and call 520-529-2525 and let Sable Downs<br />
know. Or fax her at 520-529-3235. Or e-mail her<br />
at sable@harnesstracks.com and let her know if<br />
you or a track representative will be coming,<br />
and what day and what time you will<br />
be arriving, so we know who will be attending<br />
from HTA tracks.<br />
November 18, <strong>2002</strong><br />
MORE HASSLING IN INDIANA<br />
Indiana Downs moves closer to its scheduled Dec.<br />
6 inaugural harness racing meeting, and is embroiled<br />
in another dispute with its neighbor, Hoosier<br />
Park. Indiana Downs <strong>of</strong>ficials were scheduled<br />
to appear at a racing commission meeting today<br />
to argue that they deserve half <strong>of</strong> the $11 million<br />
subsidy that racing receives from riverboat<br />
admissions this year. Hoosier Park has received<br />
the subsidies for the last seven years, but Indiana<br />
Downs, which will race only 19 programs in calendar<br />
<strong>2002</strong>, says it is entitled to half <strong>of</strong> this year’s<br />
money. “Riverboat funds are a subsidy, and subsidies<br />
are meant to help fledgling businesses,”<br />
says Doug Brown, a track attorney. He says his<br />
client is investing $35 million into the state and<br />
has hired hundreds <strong>of</strong> people to build the track.<br />
Current rules provide that <strong>2002</strong> subsidies be split<br />
on the basis <strong>of</strong> how much each track handles during<br />
the year, but Indiana Downs wants the rule<br />
changed. Rick Moore, president <strong>of</strong> Hoosier Park,<br />
took a slightly different view than Brown. “This<br />
takes absurdity to the next level,” Moore says.<br />
“It is so totally unfair that it would be laughable if<br />
it weren’t so serious.” Coming up next, a debate<br />
at next month’s racing board meeting about the<br />
location <strong>of</strong> <strong>of</strong>f-track betting parlors, which handle<br />
90% <strong>of</strong> the money bet on Indiana racing.<br />
NEED A LOAN? TRY THIS GUY<br />
The Seneca Indians, building a casino in downtown<br />
Niagara Falls, NY, came up a little short on scratch.<br />
They have found a friend, however, in a visitor<br />
from the Orient, bearing gifts. Lim Kok Thay, the<br />
50-something son <strong>of</strong> a developer <strong>of</strong> an exotic<br />
mountaintop casino in Malaysia, has loaned money<br />
to Indians for a casino before, namely hugely successful<br />
Foxwoods in Connecticut. He has come<br />
through again, loaning the Senecas $80 million on<br />
a five-year, adjustable rate loan carrying<br />
29% interest.
HARNESS TRACKS OF AMERICA<br />
Executive Newsletter<br />
A daily fax and e-mail report on racing and gaming developments in North <strong>America</strong> and beyond<br />
Stanley F. Bergstein, Editor<br />
“IT WILL NEVER HAPPEN”<br />
That was the boast -- or promise -- <strong>of</strong> powerful<br />
Republican state senator William Gormley after<br />
a meeting <strong>of</strong> New Jersey’s Economic Growth Committee<br />
yesterday to discuss slots for the Meadowlands.<br />
Gormley told reporters following the meeting<br />
that the bill never will make it out <strong>of</strong> committee<br />
stage. “It’s not going to happen. It will never<br />
happen,” Gormley said. Representing Atlantic<br />
City casinos as he does, Gormley’s statements<br />
were hardly surprising. But what actually happens<br />
is more likely to involve New Jersey’s budget woes<br />
and what happens to New Jersey wagering after<br />
Pennsylvania, New York and Maryland introduce<br />
slots at their tracks. For one thing, Gormley may<br />
be good at politics but is poor at arithmetic. He<br />
tossed around numbers yesterday, saying slots at<br />
the Meadowlands would gut an industry that provides<br />
50,000 jobs -- Atlantic City cocktail waitresses,<br />
dealers, etc. -- for one that provides 5,000,<br />
but he presumably ignored the very substantial<br />
agricultural industry in New Jersey that includes<br />
farms, training centers, and green space throughout<br />
the state.<br />
HOW TO AVERT A PROBLEM<br />
The New Mexico Racing Commission has been<br />
agonizing over applicants for a license to open a<br />
racetrack in Hobbs, in the southeastern part <strong>of</strong><br />
the state. One <strong>of</strong> the applicants is R. D. Hubbard,<br />
who was ousted this year from his role with Pinnacle<br />
gaming in Indiana. Another was Shawn Scott,<br />
who has had some licensing problems <strong>of</strong> his own.<br />
The governor <strong>of</strong> New Mexico, Gary Johnson,<br />
wasn’t anxious to have the issue resolved right<br />
now, preferring to find out if New Mexico needs<br />
another track and how it would affect Indian tribes.<br />
So he fired the entire commission, his spokesman<br />
saying they had deserted their initial philosophy<br />
that the state had enough tracks.<br />
November 19, <strong>2002</strong><br />
HOW TO KEEP A FIRE BURNING<br />
One way to make sure a scandal stays in the media<br />
is to keep hashing it over even after the problem<br />
has been discovered and is being fixed. The<br />
NTRA, determined to show that it is on top <strong>of</strong> this<br />
thing, now has announced that it’s wagering technology<br />
group will go back and review more than<br />
1,000 pick four and pick six wagers around the<br />
nation made within the last year. What that will do<br />
for public confidence is not clear, other than keep<br />
the issue alive and the NTRA name in front <strong>of</strong> the<br />
public. All that talent at NTRA apparently thinks<br />
this is a wonderful public relations move. We hope<br />
it doesn’t mind at least one dissenting vote.<br />
DECISIVE ACTION IN INDIANA<br />
The Indiana Horse Racing Commission took decisive<br />
action yesterday on two issues brought before<br />
it by Indiana Downs, scheduled to open its<br />
inaugural season Dec. 6.<br />
In one, the commission refused Indiana Downs’<br />
request to split $11 million in riverboat subsidies<br />
for <strong>2002</strong> equally between it and Hoosier Park, and<br />
voted to enforce the existing rule that the subsidy<br />
revenues would be split between the two tracks on<br />
the bases <strong>of</strong> purses generated.<br />
The commission also declined with thanks an Indiana<br />
Downs invitation to step into the issue <strong>of</strong><br />
how much tracks pay for their simulcasting signals.<br />
The track has requested a rule that would<br />
have required tracks sending signals into Indiana<br />
to sell to both tracks at a “prevailing market rate.”<br />
Racing commission chairman Richard Darko said<br />
it was “too early” for regulators to interfere in that<br />
area <strong>of</strong> simulcast negotiations, but added, “We<br />
could come back to this in the future if it’s necessary.”<br />
The commission did not deny the request<br />
outright, but tabled it for future consideration.
HARNESS TRACKS OF AMERICA<br />
Executive Newsletter<br />
A daily fax and e-mail report on racing and gaming developments in North <strong>America</strong> and beyond<br />
Stanley F. Bergstein, Editor<br />
GUESS WHO’LL SAVE RACING?<br />
The man who saved New York and is going to save<br />
Mexico City. Rudy Giuliani himself, and his merry<br />
crew that includes his former police commissioner,<br />
his former head <strong>of</strong> economic development, and a<br />
whole bunch <strong>of</strong> other ‘formers’ who were members<br />
<strong>of</strong> his staff at City Hall when he ran the Big<br />
Apple. They have found sanctuary in his new firm,<br />
Giuliani Partners, and they have been hired by the<br />
National Thoroughbred Racing Association for an<br />
unannounced but large sum to “manage and oversee<br />
the horseracing industry’s review <strong>of</strong> its electronic<br />
wagering systems.” Part <strong>of</strong> that review will<br />
include a “systematic examination” <strong>of</strong> certain wagers<br />
over the past year -- as many as 1,000 -- to<br />
identify “whether there are areas requiring additional<br />
security measures.” Ernst and Young is on<br />
board too, hired a few weeks ago, and they will<br />
work under Rudy’s supervision. NTRA Commissioner<br />
Tim Smith says Giuliani “brings independence<br />
and credibility both to our review <strong>of</strong> past<br />
wagers and our commitment to future improvements.”<br />
Feel better?<br />
RIGHT PLEA, WRONG GUY<br />
A number <strong>of</strong> good lawyers, including former federal<br />
prosecutors in New York, have been suggesting<br />
it will be difficult to convict the three Drexel<br />
Boys in the Pick Six Affair. Today, however, the<br />
New York Times reported that Chris Harn, the<br />
“rogue senior programmer” at Autotote, would<br />
enter a guilty plea to one count <strong>of</strong> conspiracy to<br />
commit wire and computer fraud and one count <strong>of</strong><br />
money laundering. This did not sit too well with<br />
attorneys for Harn’s Drexel fraternity brothers.<br />
Edward Hayes, representing Glen DaSilva, called<br />
Harn “the ringleader” and said, “It’s ridiculous to<br />
give him credibility. It’s like turning John Gotti<br />
to go after the busboys in the restaurant.”<br />
November 20, <strong>2002</strong><br />
TRACK SLOTS BILL IN OHIO<br />
A bill to introduce 14,000 video slot machines for<br />
Ohio’s seven racetracks has been introduced by<br />
state senator Louis Blessing and has been given a<br />
fast track, with Senate president Dick Finan scheduling<br />
hearings for tomorrow before the Senate<br />
Agriculture Committee. The bill will be racing uphill,<br />
however, facing opposition in the legislature<br />
and a certain veto from governor Bob Taft. Despite<br />
that, some legislative observers think it will<br />
pass before the end <strong>of</strong> the year. If it does, the<br />
Republican majority will need Democratic help to<br />
override a veto. Republicans control the House<br />
59-40, and the Senate, 21-12, but 60 votes are<br />
needed in the House to override a veto. Twenty<br />
are needed in the Senate, so a party line vote there<br />
could get the job done, although some observers<br />
doubt Republican House members would vote to<br />
override their governor. As introduced, the bill<br />
calls for 51.1% <strong>of</strong> proceeds to go to the state lottery,<br />
which would regulate the machines at the<br />
tracks, as is done in Ontario and elsewhere. In<br />
Indiana, however, the state lottery gets 20%, in<br />
West Virginia 30% and in New Mexico 25%. Slots,<br />
under the proposed bill, could be operated 21 hours<br />
a day, being closed only from 5 a.m. to 8 a.m., presumably<br />
for breakfast.<br />
CAPITAL PICKS ONE OF OWN<br />
Capital OTB’s search for a new president in<br />
Schnectady didn’t cover too much ground geographically.<br />
The directors wound up picking one<br />
<strong>of</strong> their own board members, Essex county director<br />
Michael Connery, to replace Tom Cholakis,<br />
who resigned. Cholakis had <strong>of</strong>fered to stay through<br />
January, rather than Dec. 31, to dispel controversy<br />
over his pension plan, but the board solved that by<br />
having Cholakis resign now and have Connery<br />
come on immediately. Cholakis, who earned<br />
$150,000 a year, estimated his total pension<br />
will be about $78,000 a year.
HARNESS TRACKS OF AMERICA<br />
Executive Newsletter<br />
A daily fax and e-mail report on racing and gaming developments in North <strong>America</strong> and beyond<br />
Stanley F. Bergstein, Editor<br />
ANOTHER TWO POUNDS<br />
Another two pounds <strong>of</strong> copy on the Pick Six fallout<br />
reached the desk this morning, from L.A. to New<br />
York, bringing the reading on the Richter Scale <strong>of</strong><br />
writing over 10, really seismic proportions.<br />
Today’s coverage was split about equally between<br />
Chris Harn’s confession that he indeed was a fixer<br />
<strong>of</strong> Pick Sixes and other bets to the hiring <strong>of</strong> racing’s<br />
new $3 million man, Rudy Giuliani. The ex-mayor,<br />
incidentally, took advantage <strong>of</strong> the press conference<br />
to plug his book, although he apologized and<br />
said he did it reluctantly. Settle in for a long haul<br />
on this one, folks. You have to keep the pot boiling<br />
for that kind <strong>of</strong> money, so expect progress reports<br />
for the next six or eight months, reminding<br />
all about the scandal. Rudy says it will take his<br />
people that long to properly get this thing under<br />
control, so racing will continue reminding readers<br />
and listeners and viewers that things are really<br />
happening long after Harn and his Drexel buddies<br />
are put away and the scan bet loophole is tightly<br />
plugged.<br />
ADD COLONIAL TO MAGNA<br />
The Virginia Racing Commission has approved<br />
Magna Entertainment taking over management<br />
control <strong>of</strong> Colonial Downs under its agreement to<br />
buy a majority interest in the Maryland Jockey<br />
Club. The hearing was cordial and upbeat and the<br />
vote unanimous, with chairwoman Robin Traywick<br />
Williams <strong>of</strong> the commission saying, “We’re pleased<br />
about the association <strong>of</strong> Virginia with the visionary<br />
group from Canada.” Jim McAlpine, Magna’s<br />
president, responded in kind, calling Colonial “one<br />
<strong>of</strong> the hidden jewels” in Magna’s acquisition <strong>of</strong><br />
control <strong>of</strong> Pimlico and Laurel. This gives Magna<br />
15 tracks in its march to the seas, Pacific and Atlantic,<br />
and beyond. Magna already is control at<br />
Flamboro in Ontario, and still is talking<br />
about a possible venture in the farmlands<br />
<strong>of</strong> northern California.<br />
November 21, <strong>2002</strong><br />
DON’T BET AGAINST HOBBS<br />
The dusty little town <strong>of</strong> Hobbs in southeastern New<br />
Mexico may not sound too exciting, but it sits on<br />
the Texas border and is 86 miles from the bustling<br />
Texas oil cities <strong>of</strong> Midland and Odessa. Eightysix<br />
miles is a walk in western Texas, so there is<br />
gold in them thar hills. The outgoing governor <strong>of</strong><br />
New Mexico canned the racing commission to<br />
keep it from voting on giving a track license in<br />
Hobbs to either R. D. Hubbard or Shawn Scott or<br />
veteran New Mexico track operator Ken Newton.<br />
That governor, Gary Johnson, opposes more tracks<br />
in the state. But Johnson’s upcoming successor,<br />
governor-elect Bill Richardson, likes the idea, and<br />
says he’ll give the residents <strong>of</strong> Hobbs what they<br />
want when he takes <strong>of</strong>fice. “I happen to think that<br />
racing is a positive sport for New Mexico, an economic<br />
engine,” he says. If you’re betting, bet on<br />
Hobbs.<br />
VISA SAYS IT’S ONLINE FRIEND<br />
Well, at least not online betting’s enemy. Casey<br />
Watson, a spokeswoman for Visa, told Interactive<br />
Gaming News, “There have been allegations that<br />
we’re trying to shut down the online gambling business,<br />
and that is not the case. We do process online<br />
gambling transactions today, and we’re simply trying<br />
to help our membership do the right thing, obviously,<br />
and follow the letter <strong>of</strong> the law.” She also<br />
said that banks must decide whether they want to<br />
approve or decline those transactions based on<br />
whether Internet gambling is in fact legal or illegal<br />
in their jurisdiction.<br />
YOUBET INTRODUCES FEES<br />
Youbet.com has introduced a new fees schedule,<br />
designed to keep non-bettors from getting free<br />
information. Non-bettors now will pay $14.95 a<br />
month for unlimited access or $7.95 for limited<br />
service. Discounts are given for betting,<br />
and high-end users bet for free.
HARNESS TRACKS OF AMERICA<br />
Executive Newsletter<br />
A daily fax and e-mail report on racing and gaming developments in North <strong>America</strong> and beyond<br />
Stanley F. Bergstein, Editor<br />
COAST TO COAST ON PICK SIX<br />
This morning’s report on the Dreyfus Affair -- pardon<br />
me, the Drexel Affair, a Freudian slip -- finds<br />
bulletins from coast to coast. In California, the<br />
racing board refused to go along with Hollywood<br />
Park’s proposal to close all pools two minutes before<br />
<strong>of</strong>f time, saying it would create confusion<br />
among bettors. The 5-1 vote dismayed Hollywood<br />
<strong>of</strong>ficials, with track president Rick Baedeker telling<br />
Bill Christine <strong>of</strong> the Los Angeles Times, “Most<br />
<strong>of</strong> my comments would be under the heading <strong>of</strong><br />
‘expletives deleted’”. Baedeker did say <strong>of</strong> the<br />
commission vote, “Their complacency is shocking<br />
to me. This was a black and white opportunity<br />
to go on the record and do something for customer<br />
confidence in the sport.” The board, however, took<br />
Baedeker’s words <strong>of</strong> assurance literally, after he<br />
and Autotote president Brooks Pierce told them,<br />
“There is absolutely no evidence at this time <strong>of</strong><br />
any wrongdoing.” Baedeker says his customers<br />
don’t believe him, since the track surveyed 301<br />
patrons Nov. 16 and 17 and 40% <strong>of</strong> them thought<br />
there was past posting going on, with 68% thinking<br />
it is likely that fraudulent bets take place.<br />
Baedeker denied there was past posting, saying<br />
it can take as long as 86 seconds before all <strong>of</strong> the<br />
bets from hundreds <strong>of</strong> remote sites show up on the<br />
Hollywood tote board. “We have a horrible perception<br />
problem in this state,” Baedecker said.<br />
“We need to do something and can’t wait around<br />
six months for a study.” One problem was that, as<br />
usual, racing faced a major issue with no unanimity.<br />
Santa Anita, Golden Gate and Bay Meadows<br />
did not agree with Hollywood’s proposal. Racing<br />
board chairman Alan Landsburg said the proposed<br />
change “is not worth the inconvenience to the relatively<br />
few horseplayers that we’ve been able to<br />
keep coming to the track. This would be a penalty<br />
for the players who like to wait as long as<br />
they can to make their bets.”<br />
November 22, <strong>2002</strong><br />
We have a suggestion that should solve the whole<br />
problem and put all bettors in California, and the<br />
tracks and racing board, at ease.<br />
Have Rudy Giuliani jump on a plane, fly out and<br />
make a grand California appearance. That should<br />
restore calm from Inglewood to theGolden Gate,<br />
and everywere in between.<br />
IN ILLINOIS, DEC. 6 IS PAYDAY<br />
There is more than $3 million laying around somewhere<br />
in Illinois vaults, collecting interest, and the<br />
executive director <strong>of</strong> the Illinois Racing Board, the<br />
recently appointed Walter Dudcyz, says it is the<br />
board’s call as to what to do with it. The Breeders’<br />
Cup was raced at Arlington Park, <strong>of</strong> course,<br />
which falls under Illinois Racing Board jurisdiction.<br />
If it is determined that Derrick Davis’ lone<br />
winning ticket on the Pick Six is null and void because<br />
<strong>of</strong> fraud, then the 108 <strong>of</strong> 186 consolation<br />
tickets with five winners that he also held would<br />
seem to be null and void. That would leave 78<br />
valid tickets, which would skyrocket in value from<br />
$4,606.20 to $39,331 each, plus accrued interest<br />
on the entire Pick Six bet <strong>of</strong> more than $3 million.<br />
The Illinois Board will discuss -- and possibly decide<br />
-- what to do about the bonanza at a meeting<br />
two weeks from Monday, on Dec. 9.<br />
In New York, where Chris Harn told prosecutors<br />
that he not only rigged Pick Six bets but also doctored<br />
uncashed tickets that would pass reading by<br />
automated machines, the chairman <strong>of</strong> the Assembly<br />
Racing and Wagering committee, Alexander<br />
Gromack, is announcing at a press conference today<br />
that he is preparing legislation that will mandate<br />
backup security for every wagering system<br />
in the state. Gromack’s bill would prohibit any<br />
New York track from dealing with any tote company<br />
that did not have backup security in<br />
place.
HARNESS TRACKS OF AMERICA<br />
Executive Newsletter<br />
A daily fax and e-mail report on racing and gaming developments in North <strong>America</strong> and beyond<br />
Stanley F. Bergstein, Editor<br />
TRACKS DON’T ACCEPT “NO”<br />
Arizona is a state in which the legislature occasionally<br />
ignores the voters, overturning their<br />
wishes as expressed in election messages. Now<br />
the state’s racetracks are doing the same. Proposition<br />
202, which denied slots to Arizona tracks and<br />
reaffirmed governor Jane Hull’s right to sign Indian<br />
gaming compacts, passed earlier this month,<br />
but Arizona tracks now have gone to court to get<br />
that public vote reversed. A Superior Court judge<br />
in Maricopa county (Phoenix) turned the tracks<br />
down last week, saying, “This court determines<br />
that the plaintiffs do not have a reasonable likelihood<br />
<strong>of</strong> success,” but the tracks now have filed an<br />
appeal and claim that 202 is unconstitutional, and<br />
say they are prepared to take the matter to the<br />
Supreme Court. A track spokeswoman says, “We<br />
need a legal determination above the lawmaking<br />
capacity <strong>of</strong> the voters.” Christa Severns, speaking<br />
for the state Department <strong>of</strong> Gaming, says, “We<br />
have been arguing these issues over and over and<br />
over again. The racetracks continue to lose. The<br />
state would like to move forward as the voters have<br />
asked us to do.” The governor says she will sign<br />
gaming contracts with the tribes just as soon as<br />
the legal issues are resolved.<br />
ILLINOIS STRIKE? NOT AGAIN!<br />
A $15 million disagreement could lead to another<br />
horsemen’s boycott <strong>of</strong> racing in Illinois, according<br />
to Crain’s Chicago Business. The journal reports<br />
that horsemen are threatening a 2003 boycott if<br />
the state’s $15 million ‘recapture’ that goes to<br />
tracks is not returned to horsemen. If the threat<br />
were carried out, as it was briefly by harness horsemen<br />
a few years ago, it could lead to legislative<br />
consideration <strong>of</strong> slots at the tracks. The possibility<br />
<strong>of</strong> “opting out <strong>of</strong> the state’s racing circuit” might<br />
be an option for thoroughbred horsemen,<br />
but not for harness horsemen who enjoy<br />
one <strong>of</strong> the most geographically secure circuits<br />
in the sport.<br />
November 25, <strong>2002</strong><br />
IF THEY WIN, THROW THEM OUT<br />
That’s how they handle bettors who are too successful<br />
at the Greektown Casino in Detroit. The<br />
joint ejected some 30 video poker players in recent<br />
weeks, according to the Detroit News, because<br />
they had become “unpr<strong>of</strong>itable.” The story<br />
said the players’ winnings, combined with comps,<br />
were costing Greektown money, and the casino acknowledged<br />
the ban with a weird PR twist. A<br />
spokesman said the decision benefited 99.99% <strong>of</strong><br />
its customers because it kept high-paying machines<br />
in play and did not force it to reduce its “very generous”<br />
comp, promotions and double points programs<br />
that it <strong>of</strong>fers. Greektown noted, as tracks<br />
have, that it has the right to bar anyone as long as<br />
it does not discriminate on the basis <strong>of</strong> sex, race,<br />
religion or other civil rights issues such as handicaps.<br />
It did not mention handicappers.<br />
AN INTERNET WIN IN COURT<br />
In a decision involving gambling debts incurred in<br />
Internet betting, the U.S. Court <strong>of</strong> Appeals for the<br />
5th circuit has upheld the dismissal <strong>of</strong> two cases<br />
involving Visa and Master Card. The cases were<br />
consolidated from among 21 similar ones, according<br />
to Interactive Gaming News, and involved<br />
RICO charges against the two credit card companies<br />
seeking damages for allowing the plaintiffs to<br />
gamble online. The cases had been dismissed in a<br />
U.S. District court last February in New Orleans,<br />
and last week the appeals court upheld that decision.<br />
The case covered the issue <strong>of</strong> whether such<br />
gambling debts were in fact enforceable because<br />
they violated the Wire Act <strong>of</strong> 1961. In a highly interesting<br />
comment, the court said, “Because the<br />
Wire Act does not prohibit non-sports Internet<br />
gambling, any debts incurred in connection with<br />
such gambling are not illegal.” The decision puts<br />
the court at odds with the Department <strong>of</strong> Justice.<br />
The decision is posted on HTA’s Web site.
HARNESS TRACKS OF AMERICA<br />
Executive Newsletter<br />
A daily fax and e-mail report on racing and gaming developments in North <strong>America</strong> and beyond<br />
Stanley F. Bergstein, Editor<br />
TODAY’S PICK SIX HAPPENINGS<br />
In the continuing Pick Six saga, the New York<br />
Racing Association has eliminated teller cancel<br />
delays, and no longer will allow its tellers the luxury<br />
<strong>of</strong> 15 seconds to cancel bets at their computer terminals.<br />
Matt Hegarty quoted NYRA president<br />
Barry Schwartz in Daily Racing Form as saying,<br />
“We have to worry more about protecting the public<br />
than protecting the tellers. So from now on, if a<br />
teller punches the wrong ticket, he’s responsible.<br />
If the person calls the wrong ticket, that guy is<br />
responsible.” Schwartz said that “it just didn’t<br />
make sense” to keep the cancel delay, and he told<br />
his mutuel department “to just get rid <strong>of</strong> it.”<br />
In another Form story, the busy Hegarty wrote <strong>of</strong><br />
the Delaware Thoroughbred Racing Commission<br />
beginning an inquiry into the firing <strong>of</strong> an Autotote<br />
employee in 1999 for attempting to redeem<br />
uncashed bets, a ploy that Harn admitted in his<br />
guilty plea last week. Delaware Park announced<br />
last week that it had found the employee in an<br />
administrator’s room at the track printing out tickets<br />
that were uncashed bets, and said they notified<br />
Autotote, which fired the employee immediately.<br />
Why the racing commission did not know <strong>of</strong><br />
this until three years later is not quite clear, but it<br />
says it didn’t find out about the firing until last<br />
week, and still doesn’t know the fired employee’s<br />
name. If that is so, the fired employee presumably<br />
could still be licensed in the state.<br />
November 26, <strong>2002</strong><br />
WEG MOVES AHEAD ON COAST<br />
When Woodbine Entertainment took over thoroughbred<br />
racing at Hastings Park in British Columbia<br />
earlier this year, president/CEO David<br />
Willmot laid out a five-year timetable to accomplish<br />
its west coast objectives. The plan is moving<br />
forward, but slowly. The first move was to implement<br />
free admission, and Hastings Entertainment<br />
president Phil Heard says he has been surprised<br />
at the impact on weekend racing. “It gave people<br />
the flexibility to drop in any time to watch some<br />
horse racing, and I was surprised at how many<br />
turned out on weekends,” Heard says. Progress<br />
is hampered by a shortage <strong>of</strong> horses, however, and<br />
Hastings has cut back from three days a week to<br />
two, and will follow that schedule next year as well.<br />
Heard says WEG would like to have four days a<br />
week, but that it will take some time to get a horse<br />
supply large enough to do that. WEG had hoped<br />
to have one teletheater -- the central target <strong>of</strong> its<br />
acquisition plan -- up and running by now, with two<br />
more opening next year, but an election upset<br />
those plans and Heard now says the goal is to have<br />
one open in the first quarter <strong>of</strong> 2003. Handle is up<br />
1.6% over 2001 figures.<br />
In another British Columbia development, Colleen<br />
Findlay, the wife <strong>of</strong> well known harness horseman<br />
Dr. Jim Findlay, was found murdered last week in<br />
her home. The Findlays have three young children.<br />
HONG KONG OKS SOCCER BETS<br />
They’re closing loopholes in Hong Kong, too.<br />
Losing millions to illegal soccer betting operations,<br />
the Hong Kong government has decided to legalize<br />
betting on soccer and have the Hong Kong<br />
Jockey Club run the operation. It is expected to<br />
raise $641 million U.S. dollars in taxes<br />
alone.<br />
NO NY TRACK SLOT ’TIL MAY<br />
Cornelius Murray, the attorney handling the antislots<br />
litigation in New York state, has decided not<br />
to ask a judge for a preliminary injunction, saying<br />
the judge prefers ruling on the merits <strong>of</strong> the case.<br />
The judge turned down Murray’s request to block<br />
the MegaMillions lottery and to dismiss the slots<br />
suit, and may not rule now until May.
HARNESS TRACKS OF AMERICA<br />
Executive Newsletter<br />
A daily fax and e-mail report on racing and gaming developments in North <strong>America</strong> and beyond<br />
Stanley F. Bergstein, Editor<br />
THE GOVERNOR SPEAKS OUT<br />
The Arizona Supreme Court slammed the door on<br />
the state’s racetracks yesterday, denying an injunction<br />
request by the state’s horse and dog tracks<br />
to stop Gov. Jane Hull from signing gambling compacts<br />
with Indian tribes. It was the third time in<br />
three days that the tracks lost in court, and this<br />
time the governor, with a mandate from voters,<br />
took to the press to give her response. In a long<br />
open letter titled “My Turn” in The Arizona Republic,<br />
the state’s biggest newspaper, she thanked<br />
voters for supporting Proposition 202, which denied<br />
the tracks slots, and gave her rationale for<br />
her actions. “I spent my first years in Arizona as<br />
a teacher on an Indian reservation,” the governor<br />
wrote, “and saw poverty so pervasive that the<br />
memory lingers even now. In time, my family grew<br />
and prospered and Arizona grew and prospered.<br />
However, prosperity didn’t extend to our Indian<br />
reservations.” Gov. Hull went on to say she was<br />
skeptical at first that gaming would improve Indian<br />
lives, but she came to see that gaming “had<br />
made a real difference to thousands <strong>of</strong> tribal members<br />
in Arizona.” For that reason, she said, she<br />
began to renegotiate compacts. She accused the<br />
state’s tracks <strong>of</strong> “a campaign <strong>of</strong> misinformation<br />
and litigation,” and said millions were spent to create<br />
confusion at the ballot box. She concluded by<br />
saying that the voters <strong>of</strong> Arizona had spoken, and<br />
she intended to sign new compacts before the end<br />
<strong>of</strong> her term. “It is time,” the governor wrote, “to<br />
put this issue to bed.”<br />
COMMISSIONERS SPEAK, TOO<br />
While Arizona’s governor spoke out, deposed racing<br />
commissioners in neighboring New Mexico had<br />
their say too. Three <strong>of</strong> them, fired by Gov. Gary<br />
Johnson to keep them from voting on a new track<br />
on the Texas border, wrote letters calling<br />
their dismissal “New Mexico politics at<br />
its worst.”<br />
November 27, <strong>2002</strong><br />
Part <strong>of</strong> the controversy is the issue <strong>of</strong> R. D.<br />
Hubbard’s application for the new license, in view<br />
<strong>of</strong> his problems that led to him losing his license to<br />
operate in Indiana in the now famous case <strong>of</strong> importing<br />
prostitutes from Las Vegas. The New<br />
Mexico Gaming Control Board’s attorney had recommended<br />
Hubbard’s license not be renewed, but<br />
the commission chose to vote on it despite that<br />
fact, and the governor ended that prospect by firing<br />
three <strong>of</strong> them, leaving the commission without<br />
a quorum to act. The incoming governor, Bill<br />
Richardson, favors a track in Hobbs, and the betting<br />
in New Mexico is that Hubbard will be the<br />
man who gets to build it.<br />
WINNING IS THE GAME, FOLKS<br />
First the Greektown Casino in Detroit, and now<br />
Suffolk Downs in Boston. The Detroit casino<br />
barred nine gamblers who were winning too much<br />
at video poker, and tried to rationalize their decision<br />
by saying it would open up machine opportunities<br />
for others who weren’t winning. Suffolk<br />
Downs in Boston went to the Massachusetts racing<br />
commission and asked to conduct win betting<br />
only on state-bred races, and got it. The move<br />
came after the track had a $24,000 minus pool after<br />
a plunger bet $310,000 to show on a state-bred<br />
race for juvenile fillies. Instead <strong>of</strong> going to the<br />
legislature to get the $2.20 minimum pay<strong>of</strong>f in<br />
Massachusetts changed to $2.10, Suffolk asked<br />
for the “win only” provision, and used it in the<br />
Massachusetts Oaks, where the 3-10 favorite<br />
wound up second in a six-horse field, beaten 12<br />
lengths by a filly owned by a 14-year-old high<br />
school student. The Boston Herald had fun with<br />
the story, and in Detroit Free Press columnist Brian<br />
Dickerson took Greektown apart, saying its<br />
publicist’s claim that the casino “loves winners” is<br />
like saying Augusta National “values diversity.”<br />
We’re <strong>of</strong>f for Thanksgiving, but will be back<br />
with more Friday. Have a great holiday.
HARNESS TRACKS OF AMERICA<br />
Executive Newsletter<br />
A daily fax and e-mail report on racing and gaming developments in North <strong>America</strong> and beyond<br />
Stanley F. Bergstein, Editor<br />
SNAKEBIT IN WASHINGTON<br />
You may have read the story about the character<br />
in Yacolt, Washington, who kissed a pet rattlesnake<br />
to impress friends, and the snake bit him on the<br />
lip. We thought <strong>of</strong> it yesterday over Thanksgiving<br />
dinner while reading about doings at Emerald<br />
Downs in Auburn, between Seattle and Tacoma.<br />
When the track first opened, president Ron<br />
Crockett rather contemptuously dismissed the<br />
nearby Indian casino as <strong>of</strong> no concern to his glittering<br />
new property. Now the Indians are buying<br />
the land under the racetrack. Crockett was “out<br />
<strong>of</strong> town” and not available for comment to the Seattle<br />
Post-Intelligencer, but the paper’s Paul<br />
Shukovsky reminded readers that six years ago<br />
Crockett had told the newspaper, “I built a live<br />
racing venue. I did not build a casino.” Right now<br />
gaming is not allowed at Emerald, but Shukovsky<br />
raised the point that the Muckleshoot Tribe might<br />
be hedging its bets against the possibility that slots<br />
will be allowed in new venues. The track’s vice<br />
president, Jack Hodge, said he learned <strong>of</strong> the<br />
impending sale only the day before the newspaper<br />
announced it, and he put a smiling spin on the fact<br />
that the Indians now will be the landlord. “We’ve<br />
got a long-term lease on the place -- 60 years --<br />
and the only way it affects us is we will be mailing<br />
the rent check out to a different address.” The<br />
sale involves 150 acres currently owned by a limited<br />
partnership, several <strong>of</strong> whom also are part <strong>of</strong><br />
the limited partnership that owns the track, and<br />
while Emerald did not announce a price the Post-<br />
Intelligencer said it learned the value <strong>of</strong> the land<br />
was roughly $70 million. Vice president Hodge<br />
said it was his understanding that the transfer<br />
would close around the first <strong>of</strong> the year, and said<br />
the marriage <strong>of</strong> the two gambling enterprises could<br />
create “synergies.” He said, “We’ve got a good<br />
relationship with the tribe, and are looking<br />
forward to sitting down and getting to<br />
know them better.”<br />
November 29, <strong>2002</strong><br />
The Washington state racing commission said it<br />
knew nothing about the land sale. The<br />
Muckleshoot tribe, with 1,700 members, owns one<br />
<strong>of</strong> the most successful Indian casinos in the state,<br />
and also owns a bingo parlor and is building an<br />
amphitheater and a mall. Casinos currently are<br />
limited to Indian property in Washington, and<br />
Emerald Downs has felt their impact despite the<br />
fact that Crockett dismissed it summarily when he<br />
opened Emerald.<br />
BOATS FOR PA, SLOTS FOR MA?<br />
We’re not talking about Christmas gifts for the<br />
family, we’re talking about riverboats for Pennsylvania<br />
and slots for tracks in Massachusetts.<br />
The idea in Pennsylvania is being pushed by a man<br />
close to the governor-elect -- in fact the co-chairman<br />
<strong>of</strong> his campaign committee -- and he’s talking<br />
about three riverboats on the waters <strong>of</strong> Pittsburgh,<br />
or at least Allegheny county. The man pushing<br />
the idea, Mike Veon, has clout beyond his close<br />
ties to the new governor. He is house minority<br />
whip for the Democrats in Pennsylvania.<br />
In Massachusetts, lame duck state representative<br />
George Rogers has filed a bill for the second time<br />
calling for slots at the state’s four racetracks, sugarcoating<br />
the measure this time around with monies<br />
for education. “It’s foolish to ignore this,” he<br />
told the Boston Globe, and to say it’s overdue,<br />
that’s really putting it mildly.” Rogers has lost on<br />
the issue before and lost his bid for reelection, but<br />
he says governor-elect Mitt Romney may be receptive<br />
in looking for new revenue options.<br />
ALADDIN TO BE A TIME SHARE?<br />
That’s the rumor in Las Vegas, where the Review<br />
Journal says time-share developer Ian Bruce<br />
Eicher may be planning to buy the bankrupt<br />
Aladdin and convert it.
HARNESS TRACKS OF AMERICA<br />
Executive Newsletter<br />
A daily fax and e-mail report on racing and gaming developments in North <strong>America</strong> and beyond<br />
Stanley F. Bergstein, Editor<br />
FORGET OHIO SLOTS FOR NOW<br />
That’s the word from Ohio state senator Lou Blessing,<br />
the man who sponsored the legislation that<br />
would have brought slots to Ohio tracks. He says<br />
the measure “is probably dead...for now.” The<br />
Cleveland Plain Dealer quoted Blessing to that<br />
effect, and attributed the defeat to “a veto threat<br />
from the governor, a groundswell <strong>of</strong> opposition and<br />
time constraints.” And Ohio State football. Blessing<br />
told the paper that “even if we would pass this<br />
in the next two weeks or so, I have no doubt that<br />
the governor would wait 10 days and then veto the<br />
bill. We would be asking people to come back after<br />
Christmas for an override vote, and I suspect<br />
a whole lot <strong>of</strong> them are going to be in Tempe, Arizona.”<br />
Tempe, <strong>of</strong> course is where Ohio State’s<br />
undefeated Buckeyes will be playing Miami in the<br />
Fiesta Bowl for the national championship. It<br />
should be Southern Cal, but it will be Miami. Go<br />
to the bank with it.<br />
LAST GASP FOR AZ TRACKS<br />
The news was no better for Arizona’s racetracks<br />
than it was for those in Ohio. The horse and dog<br />
tracks’ attorney in Arizona, turned down by three<br />
courts in three days last week, filed a brief with<br />
the Court <strong>of</strong> Appeals and the court said it would<br />
hear his arguments. The same court refused to<br />
grant an immediate injunction to stop implementation<br />
<strong>of</strong> Proposition 202, which was a victory for<br />
Indian tribes and a defeat for tracks, and so did<br />
the state Supreme Court. In the seemingly unlikely<br />
event that the Court <strong>of</strong> Appeals acts before<br />
Gov. Jane Hull signs new compacts under the provisions<br />
<strong>of</strong> Proposition 202, which could be as early<br />
as tomorrow, it appears the Arizona situation will<br />
remain largely status quo, except that it will allow<br />
17 Indian tribes to have up to 29 casinos, with no<br />
tribe to have more than 998 slots, and a<br />
state cap <strong>of</strong> 15,675.<br />
December 2, <strong>2002</strong><br />
INTRIGUING THOUGHT IN MD<br />
Steve Wynn, building in Las Vegas, Atlantic City<br />
and Macau, now would like to build in Maryland,<br />
and the scenario is fascinating. Wynn showed up<br />
in Annapolis recently to meet with legislative leaders,<br />
and tried -- but failed -- to get an audience<br />
with governor-elect Robert L. Ehrlich Jr. as well.<br />
A spokesman for the new governor told the Baltimore<br />
Sun that it was felt “inappropriate” for<br />
Ehrlich to meet with Wynn, now a declared interested<br />
party for a slots license in Maryland after<br />
telling legislators he wants to build a major entertainment<br />
complex with racing, slots and entertainment<br />
in the state. The chairman <strong>of</strong> the Maryland<br />
house appropriations committee, Howard P.<br />
Rawlings, said that in order for Wynn to get involved,<br />
“he either has to buy a racetrack, or enter<br />
into a relationship with one <strong>of</strong> the racetrack owners,”<br />
which would mean either Magna Entertainment,<br />
now in control <strong>of</strong> Pimlico and Laurel; Centaur<br />
<strong>Inc</strong>., about to become owners <strong>of</strong> Rosecr<strong>of</strong>t;<br />
or the Rickman family, which owns Ocean Downs.<br />
That type <strong>of</strong> relationship has precedent in nearby<br />
Delaware, where Caesars World runs the highly<br />
successful racino at Dover Downs. Rawlings<br />
sounded one ominous note when he told the Sun<br />
that some Prince George’s county legislators might<br />
seek to license slots at Baltimore’s National Harbor<br />
rather than at Rosecr<strong>of</strong>t Raceway, but the<br />
Peterson Companies, developers <strong>of</strong> the National<br />
Harbor development, say that a casino is not in<br />
their plans and neighborhood residents there<br />
oppose the idea. It also seems highly unlikely<br />
that governor Ehrlich would allow three <strong>of</strong> the<br />
state’s four racetracks to have slots to keep them<br />
competitive and allow Rosecr<strong>of</strong>t to fall by the<br />
wayside without them. Maryland Senate president<br />
Mike Miller, who met with Wynn, said he told<br />
him that the new governor’s vision <strong>of</strong> slots encompassed<br />
racetracks and tracks only.
HARNESS TRACKS OF AMERICA<br />
Executive Newsletter<br />
A daily fax and e-mail report on racing and gaming developments in North <strong>America</strong> and beyond<br />
Stanley F. Bergstein, Editor<br />
GAO REPORTS ON INTERNET<br />
The United States General Accounting Office, in<br />
response to Congressional requests for a study<br />
<strong>of</strong> Internet Gambling, has issued a 60-page overview<br />
<strong>of</strong> the issues. It has been posted in full and<br />
is available for downloading on the home page<br />
<strong>of</strong> HTA’s Web site, www.harnesstracks.com.<br />
The study is comprehensive, covering the Interstate<br />
Horseracing Act and Wire Act, Internet<br />
gambling regulations in foreign jurisdictions, and<br />
a survey <strong>of</strong> Internet gambling Web sites. Those<br />
looking for a definitive answer to the problem<br />
are not likely to find it, however, as the GAO<br />
makes no recommendations in the report. It is a<br />
solid overview, however, for those who wish to<br />
understand the issue in its various ramifications<br />
here and overseas.<br />
REID WILL VOTE AGAINST NET<br />
In another significant development on the<br />
Internet gambling scene, Nevada Democratic<br />
senator Harry Reid has announced that he will<br />
support an outright ban, rather than regulation,<br />
next year. Reid lashed out strongly against<br />
Internet betting, putting him at odds with one <strong>of</strong><br />
his major constituents, Terry Lanni, the boss <strong>of</strong><br />
MGM/Mirage’s far-flung casino/hotel holdings.<br />
Reid, who takes over as minority whip in the new<br />
Congress, said he and fellow members <strong>of</strong> Congress,<br />
including Rep. Michael Oxley <strong>of</strong> Ohio, will<br />
make an Internet gambling ban high priority in<br />
the next session. Other Congressional leaders,<br />
including John Conyers <strong>of</strong> Michigan, have a different<br />
view, favoring control and regulation, but<br />
Reid says he doesn’t think Internet gambling can<br />
be controlled. Whether emboldened by the GAO<br />
report, which passes on the view that “Internet<br />
gambling could potentially be a powerful vehicle<br />
for laundering criminal proceeds at the<br />
relatively obscure ‘layering’ stage <strong>of</strong><br />
money laundering,” or merely by his own<br />
convictions, Reid sets the stage for a battle.<br />
December 3, <strong>2002</strong><br />
THE ROCK BACK IN HARNESS<br />
Some, including the HBPA, thought he was bluffing,<br />
but Ed Callahan <strong>of</strong> Rockingham Park jolted<br />
them and surprised others yesterday by applying<br />
for and receiving 100 days <strong>of</strong> harness racing<br />
at Rockingham Park for 2003. The track returns<br />
to the harness fold after 22 years, and in another<br />
example <strong>of</strong> state racing commissions not giving<br />
much concern to conflict, New Hampshire’s gave<br />
no thought to the creation <strong>of</strong> a significant New<br />
England circuit and instead granted Rockingham<br />
dates from May 24 to September 1, putting it in<br />
direct conflict with Plainridge Racecourse in<br />
nearby Massachusetts. Callahan is no stranger<br />
to harness racing, having been general manager<br />
at Foxboro Raceway before it was torn down to<br />
make way for Gillette Stadium, home <strong>of</strong> the Patriots.<br />
He says he does not plan to draw horses<br />
from Plainridge, but will try to get Freehold’s<br />
supply when that track closes after Memorial Day<br />
to make way for Monmouth Park’s nearby meeting.<br />
He also hopes to draw from Delaware, where<br />
he faces high slot-fueled purses, and from Pompano,<br />
which will not operate next summer. He<br />
says he may operate on different days or at different<br />
times than Plainridge, but that track’s<br />
general manager, Steve O’Toole, said he was “a<br />
little disappointed that Eddie didn’t think to call<br />
about it” and wondered aloud where<br />
Rockingham would get the horses for its meeting.<br />
He said Rockingham’s move was either an<br />
extreme form <strong>of</strong> flattery at Plainridge’s success,<br />
or an economic move that would cost them less<br />
to operate. Bob O’Malley, chief operating <strong>of</strong>ficer<br />
at Suffolk Downs, the closest horse track to<br />
Rockingham, called the development “a bombshell,”<br />
saying he thought the talk <strong>of</strong> returning to<br />
harness racing was “just a bit <strong>of</strong> sparring going<br />
back and forth between them and the horsemen.”<br />
O’Malley said if Suffolk raced more than 150<br />
days <strong>of</strong> thoroughbred racing it would mean<br />
less purses, as in New Jersey.
HARNESS TRACKS OF AMERICA<br />
Executive Newsletter<br />
A daily fax and e-mail report on racing and gaming developments in North <strong>America</strong> and beyond<br />
Stanley F. Bergstein, Editor<br />
CASE OF THE MISSING CASE<br />
With a whip tossed in anger as the only tangible<br />
clue, the hugely talented but hard-to-handle<br />
Peck’s Bad Boy <strong>of</strong> harness racing is missing in<br />
action. Or out <strong>of</strong> action. Either way, Walter Case<br />
disappeared from Northfield Park after the final<br />
race a week ago and hasn’t surfaced since.<br />
He threw his whip into the infield at Northfield<br />
after finishing third with something called<br />
Hershel Kiss the night before Thanksgiving and<br />
sped <strong>of</strong>f into the night, unseen and unheard since.<br />
Bob Roberts, writing in the Cleveland Plain<br />
Dealer, says Case was placed under suspension<br />
at the conclusion <strong>of</strong> that racing card by the Ohio<br />
Racing Commission for failing to pay $5,175 in<br />
fines, most <strong>of</strong> them for his familiar habit <strong>of</strong> taking<br />
a foot out <strong>of</strong> the stirrups and booting his<br />
mount. Roberts quoted Northfield presiding<br />
judge Larry Willis as saying Case has been fined<br />
more than $50,000 over the last two years, either<br />
unable to break the kicking habit or defiant<br />
enough to continue despite the fines. In either<br />
case, Willis told Case he could no longer drive at<br />
Northfield until the outstanding fines were paid,<br />
and that was the end <strong>of</strong> the trail. Barred earlier<br />
this year from the Delaware County Fair, home<br />
<strong>of</strong> the Little Brown Jug, after he failed to show<br />
up for scheduled drives, Case, 41, is running out<br />
<strong>of</strong> venues for his exceptional driving talents. This<br />
year, until his Thanksgiving eve disappearance,<br />
he had driven in 2,302 races this year, had won<br />
679 <strong>of</strong> them, and had finished first, second or<br />
third 1,347 times, in the mutuel money 59% <strong>of</strong><br />
the time. Lifetime, he has won 10,788 races, and<br />
was HTA’s Driver <strong>of</strong> the Year three times, in<br />
1991, 1992 and 1998. Case drove for last year’s<br />
leading race-winning trainer, Bob Belcher, also<br />
no stranger to controversy, but the two had a falling<br />
out and Belcher said, “It wouldn’t break<br />
my heart if he doesn’t come back.” He<br />
added that “without a doubt, he’s the best<br />
driver I’ve ever seen.”<br />
December 4, <strong>2002</strong><br />
NO TRACK SLOTS IN ILLINOIS<br />
Illinois joined Ohio as a loser in the quest for<br />
slots at tracks yesterday, when a bid for them<br />
was quickly dismissed in the state legislature in<br />
Springfield. Jim O’Donnell <strong>of</strong> the Chicago Sun-<br />
Times reported today that no written bill ever<br />
was circulated for consideration, and no legislator<br />
stepped forward to sponsor the legislation.<br />
Balmoral Park’s John Johnston took a philosophical<br />
view, telling O’Donnell, “I think a very<br />
quick consensus arose that the issue could be best<br />
addressed when the new governor and the new<br />
state legislature are in place next year,” and<br />
added, “I guess that’s all part <strong>of</strong> good government.”<br />
STUNTMAN SUES ON PICK SIX<br />
There’s no humor to it, but it is ironic that the<br />
class action suit filed against Autotote in Los<br />
Angeles Superior Court today is on behalf <strong>of</strong> a<br />
Hollywood stuntman. Jimmy ‘The Hat’ Allard,<br />
48, reportedly is a shareholder in 78 consolation<br />
tickets on the Breeders’ Cup Pick Six, having had<br />
five <strong>of</strong> the six winners in the Arlington exotic.<br />
Allard is part <strong>of</strong> a group that bets California Pick<br />
Six pools daily, and he claims he has invested<br />
more than $20 million in the pool in the last 16<br />
years and has cashed more than 200 Pick Six<br />
winners, including three worth more than $1<br />
million each. If, as expected, there should be a<br />
distribution <strong>of</strong> the $3 million plus pool, Allard<br />
could see each <strong>of</strong> the tickets he shares grow in<br />
value from roughly $4,600 to some $39,000. Joseph<br />
Lisoni, Allard’s lawyer, is accusing Autotote<br />
<strong>of</strong> negligence. Autotote had not seen the suit, and<br />
had no immediate comment. Allard told Bill<br />
Christine <strong>of</strong> the Los Angeles Times that, as an<br />
extra and stuntman, he has appeared in some<br />
appropriately named shows, including Love Boat,<br />
Happy Days and Fantasy Island on television<br />
and Airplane and The Blues Brothers<br />
in the movies.
HARNESS TRACKS OF AMERICA<br />
Executive Newsletter<br />
A daily fax and e-mail report on racing and gaming developments in North <strong>America</strong> and beyond<br />
Stanley F. Bergstein, Editor<br />
HULL SIGNS INDIAN COMPACTS<br />
In a victory for her and the voters <strong>of</strong> Arizona who<br />
approved Proposition 202 on Indian gaming, Gov.<br />
Jane Hull yesterday concluded the controversial<br />
issue in the state by signing new compacts with 17<br />
Indian tribes. The signing put an end to the crushing<br />
defeat at the polls suffered by the state’s horse<br />
and dog tracks, which had sought slots along with<br />
the Indians, but were rebuffed by 80% <strong>of</strong> the<br />
state’s voters.<br />
U.S. BETTORS LIKE WOODBINE<br />
Do they ever! Last year, although Woodbine<br />
Entertainment had slight declines in its Canadian<br />
market, <strong>America</strong>n bettors stepped in with<br />
a 20% increase in their wagering on Woodbine’s<br />
thoroughbred signals and helped propel the<br />
Toronto track to a 5.5% gain for the 166-day<br />
meeting that ended last Sunday. U.S. wagering<br />
rose from $122.4 million a year ago to $146.9<br />
million this year. Woodbine’s telephone account<br />
wagering continued its strong growth, with its<br />
TAB customers betting $15.6 million on Woodbine<br />
runners as against $11.9 million a year ago.<br />
NEW MEXICO NOT INDIANA<br />
Kids learn that in first grade geography, and<br />
racing learned it again yesterday when the New<br />
Mexico Gaming Control Board, overriding the<br />
recommendation <strong>of</strong> its staff, voted to renew the<br />
gambling license <strong>of</strong> R. D. Hubbard. The staff<br />
and the board differed in their determination <strong>of</strong><br />
what constitutes a “limiting action” in state law<br />
involving gaming actions in another state.<br />
Hubbard was forced to surrender his gambling<br />
license in Indiana and pay a $740,000 fine in connection<br />
with violations at Pinnacle Entertainment,<br />
<strong>of</strong> which he was chairman at the time. The<br />
New Mexico staff considered that disqualifying,<br />
but the board, although miffed that<br />
Hubbard did not show up, approved him<br />
and urged he conduct his New Mexico affairs<br />
with integrity.<br />
December 5, <strong>2002</strong><br />
The Pinnacle issue, however, refuses to go away.<br />
The former chief executive <strong>of</strong> the gaming company,<br />
Paul Alanis, has filed a lawsuit against the<br />
company, Hubbard, and current Pinnacle CEO<br />
Daniel Lee, alleging he was defamed by suggestions<br />
that he was involved with the infamous<br />
June, 2001 golf tournament at the Belterra Casino<br />
Resort, where prostitutes reportedly were<br />
flown in from Las Vegas to entertain customers.<br />
In addition to the defamation charges, Alanis says<br />
he had been promised severance and other financial<br />
benefits. Pinnacle stock, which has traded<br />
between $5.02 and $12.68 over the last year according<br />
to Reuters Yahoo!Finance, was down 2<br />
cents yesterday at $6.33.<br />
ANOTHER VIP HAS PROBLEMS<br />
A former associate <strong>of</strong> R. D. Hubbard’s in the illfated<br />
Woodlands racetrack in Kansas City, Kansas,<br />
Richard J. Boushka, has pleaded guilty to<br />
defrauding a bank <strong>of</strong> $19 million, and will be sentenced<br />
March 3. Boushka, a former Olympic basketball<br />
star who played on the same team as Bill<br />
Russell and won a gold medal in the 1956 Olympics,<br />
will receive less than the maximum sentence<br />
<strong>of</strong> 30 years and $1 million fine for cooperating<br />
with federal authorities, according to the Kansas<br />
City Star. Boushka owned 40% <strong>of</strong> the Woodlands<br />
when it was built in the late 1980s, and the<br />
Star said a state audit released in 1995 showed<br />
that during the years he was a partner in The<br />
Woodlands, Boushka made more than $12 million<br />
in salary, consulting fees, stock dividends and<br />
stock holdings.<br />
FILION IN POMPANO TOURNEY<br />
Herve Filion, approaching his 15,000th driving<br />
victory, has been invited to compete in Pompano<br />
Park’s All-Star Driving Challenge Friday and Saturday<br />
nights, Dec. 13 and 14. He and eight<br />
others will compete in five races each night,<br />
with $3,000 going to the winner.
HARNESS TRACKS OF AMERICA<br />
Executive Newsletter<br />
A daily fax and e-mail report on racing and gaming developments in North <strong>America</strong> and beyond<br />
Stanley F. Bergstein, Editor<br />
INDIANA DOWNS OPENS TONITE<br />
A 14-year dream turns into reality for developer<br />
Paul Estridge Sr. tonight, when Indiana Downs,<br />
the nation’s newest racetrack, opens for a 19-<br />
night ‘preview’ meeting in Shelbyville, Indiana,<br />
30 miles southeast <strong>of</strong> Indianapolis. If rave notices<br />
from trainers and drivers are an indication,<br />
the track will be popular with the harness racing<br />
fraternity. Gil Short, the track’s general<br />
manager, promised months ago he would have<br />
the plant ready for action tonight, and the veteran<br />
harness horseman made good on his vow.<br />
The track will share Indiana’s riverboat subsidy<br />
allocation with Hoosier Park, which last year<br />
picked up $6.8 million from that source. The trim<br />
plant will race 19 days <strong>of</strong> harness racing now,<br />
then will conduct 30 days <strong>of</strong> thoroughbred racing<br />
from April 11 to May 26, and will return with<br />
100 days <strong>of</strong> harness racing starting June 3 and<br />
stretching to October 18. Tonight’s feature, appropriately,<br />
is the $15,000 Paul Estridge Inaugural<br />
Handicap. HTA welcomes its newest member<br />
and wishes it good luck with its opening.<br />
CASE BACK AT NORTHFIELD<br />
Keeping up with Walter Case is difficult at best,<br />
but the nation’s current leading race winner will<br />
return to Northfield Park tomorrow night, attributing<br />
his abrupt weeklong absence without<br />
notice or previous explanation to a sore shoulder.<br />
No one at Northfield knew where Case was,<br />
but he told Dave Little <strong>of</strong> the New York Daily<br />
News , a personal friend, that “It is nobody’s business<br />
where I go.” Northfield’s stewards didn’t<br />
ask, but they insisted that Case pay at least part<br />
<strong>of</strong> more than $5,000 in fines that he owes for kicking<br />
horses before he could return. He paid $2,175<br />
and promised the remaining $3,000 would be paid<br />
in two weeks. Northfield GM Tom Aldrich did<br />
not elaborate on Case’s absence or return,<br />
but told the Cleveland Plain Dealer, “I<br />
have expectations that need to be met and<br />
Walter knows it.”<br />
December 6, <strong>2002</strong><br />
During his absence, Case apparently settled grievances<br />
with trainer Bob Belcher, with whom he had<br />
broken <strong>of</strong>f relations, for he is scheduled to drive<br />
four Belcher-trained horses in his return. Belcher<br />
had said, after Case disappeared, that it wouldn’t<br />
break his heart if Case never came back, but his<br />
recognition <strong>of</strong> Case as “the best driver I have ever<br />
seen” apparently s<strong>of</strong>tened his stand and the two<br />
controversial figures are reunited.<br />
EAST TRACKS BACK IN ACTION<br />
The Meadowlands, Freehold Raceway and Dover<br />
Downs return to action today after winter<br />
weather closings on Thursday. The Meadowlands<br />
gears up for Saturday night’s $1.7 million<br />
Fall Final Four, the $520,000 Governor’s Cup<br />
for 2-year-old pacing colts, the $370,000 Three<br />
Diamonds for 2-year-old pacing fillies, the<br />
$410,000 Valley Victory for 2-year-old trotting<br />
colts, and the $370,000 Goldsmith Maid for 2-<br />
year-old trotting fillies. Allamerican Native is<br />
favored in the Governor’s Cup, Color Me Beachy<br />
is morning line favorite for the Three Diamonds,<br />
Sugar Trader is favored in the Valley Victory,<br />
and Pizza Dolce is the even money favorite in the<br />
Goldsmith Maid.<br />
At Windsor Raceway in Ontario, the top 3-yearold<br />
pacing colts in action meet in two eliminations<br />
Sunday for next week’s $500,000 Provincial<br />
Cup.<br />
SPORT LOSES TWO STARS<br />
Two major figures in harness racing died this<br />
week. Dorothy Pierce Hardy, owner <strong>of</strong> 1974<br />
<strong>Harness</strong> Horse <strong>of</strong> the Year and Prix D’Amerique<br />
winner Delmonica Hanover, died at 79 at her Upper<br />
Saint Clair, PA, home. She was the former wife<br />
<strong>of</strong> Joe Hardy, owner <strong>of</strong> 84 Lumber company. In<br />
Ontario, noted breeder Chris Van Bussel<br />
died at 61.
HARNESS TRACKS OF AMERICA<br />
Executive Newsletter<br />
A daily fax and e-mail report on racing and gaming developments in North <strong>America</strong> and beyond<br />
Stanley F. Bergstein, Editor<br />
INDIANA DOWNS GETS GOING<br />
Horsemen were enthusiastic, the track was fast,<br />
the purses were solid, and racing secretary Jim<br />
Ewart put together full and well matched fields<br />
as Indiana Downs made its debut Friday night<br />
in Shelbyville, Indiana. An opening night crowd<br />
<strong>of</strong> 3,421 bet $265,933 and enthusiastically accepted<br />
the attractive plant that still has finishing<br />
touches to complete Gil Short’s ambitious plans.<br />
On Saturday night Daisy’s Boy gave ample evidence<br />
that the track was just what horsemen said<br />
it was -- good and fast -- when he won the Invitational<br />
Pace in 1:51.3 over Indiana Downs’ mile<br />
track.<br />
In another development, the track signed a settlement<br />
agreement with the Indiana Racing Commission,<br />
effectively ending the litigation between<br />
the two. Indiana Downs agreed to pay a fine <strong>of</strong><br />
$400,000 in two equal installments May 15 and<br />
August 15, 2003, and cover commission legal fees<br />
<strong>of</strong> $150,000, for failing to properly disclose its<br />
relationship with consultants who violated commission<br />
rules in contacts with commissioners.<br />
The track also issued full apologies to commission<br />
executive director Joe Gorajec for disparaging<br />
remarks about his activities in pursuing<br />
the charges. The commission, for its part, stated<br />
that investigation uncovered no evidence that any<br />
<strong>of</strong> Indiana Downs’ owners and principals “either<br />
participated in the conduct giving rise to these<br />
violations or in any other type <strong>of</strong> inappropriate<br />
behavior or misconduct.”<br />
SYMPOSIUM STARTS TUESDAY<br />
The annual Racing Symposium <strong>of</strong> the Race<br />
Track Industry Program <strong>of</strong> the University <strong>of</strong><br />
Arizona gets underway tomorrow here in Tucson.<br />
As usual, some 1,000 leaders <strong>of</strong> harness,<br />
thoroughbred and greyhound racing will<br />
be on hand for weeklong discussions on<br />
the state <strong>of</strong> racing today.<br />
December 9, <strong>2002</strong><br />
For those HTAers who are not making the meeting,<br />
the daily Executive Newsletter will keep you<br />
posted on developments and presentations <strong>of</strong> interest.<br />
Wagering Insurance North<strong>America</strong>, consisting<br />
<strong>of</strong> a number <strong>of</strong> HTA and other tracks as<br />
successor to HTA Insurance, will have a booth<br />
during the entire symposium, and brochures<br />
have been placed in the registration packets <strong>of</strong><br />
every registrant.<br />
A FIRST FOR JOHN CAMPBELL?<br />
There are very few things that John Campbell<br />
has not attained in his rise to preeminence as<br />
harness racing’s greatest driver, but one <strong>of</strong> them<br />
is Windsor Raceway’s Provincial Cup. That<br />
honor is likely to fall to Campbell come Sunday,<br />
when he will drive Art Major in the $437,000 final.<br />
John won with the leading contender for 3-<br />
year-old pacing honors in one preliminary Sunday<br />
in 1:51.3 and Art Major will be the favorite<br />
in Sunday’s rich final. Dreamfair Vogel won the<br />
other elimination in 1:53.3. Both horses are<br />
trained by Bill Robinson, who has sent out five<br />
previous Provincial Cup winners. McArdle and<br />
Three Olives are among others qualifying for the<br />
final.<br />
A BODY IN A SUITCASE<br />
Sounds like a television mystery, and the only<br />
reason it gets space here is that the body was<br />
found by hunters hiking through pine trees near<br />
the entrance to Perretti Farms, one <strong>of</strong> harness<br />
racing’s major breeding farms, in Monmouth<br />
county in New Jersey. The victim was an Hispanic<br />
in his mid-20s, 5 feet 11 inches tall, with no<br />
visible signs <strong>of</strong> trauma.<br />
THE NEW MARTHA STEWART<br />
That was the description <strong>of</strong> the new savior <strong>of</strong> racing,<br />
Rudy Giuliani, given by a Connecticut<br />
marketing strategist, who called Giuliani<br />
“the Martha Stewart <strong>of</strong> security.”
HARNESS TRACKS OF AMERICA<br />
Executive Newsletter<br />
A daily fax and e-mail report on racing and gaming developments in North <strong>America</strong> and beyond<br />
Stanley F. Bergstein, Editor<br />
SYMPOSIUM STARTS TODAY<br />
The 29th Symposium on Racing organized by the<br />
Race Track Industry Program <strong>of</strong> the University <strong>of</strong><br />
Arizona got underway at 8 a.m. this morning, with<br />
two special sessions kicking <strong>of</strong>f <strong>America</strong>n racing’s<br />
biggest get-together. Some 1,000 members <strong>of</strong> the<br />
racing fraternity -- harness, thoroughbred, quarter<br />
horse and greyhound -- will have attended a<br />
host <strong>of</strong> sessions before the curtain falls on Friday.<br />
Today’s opener is an all-day marathon on insurance,<br />
primarily targeted on the workers’ compensation<br />
issue for horsemen, since it is sponsored by<br />
the <strong>America</strong>n Quarter Horse Association and<br />
Horsemen’s Benevolent and Protective Association.<br />
Track insurance is certain to arise during<br />
the day, and Wagering Insurance North<strong>America</strong>,<br />
which evolved from the old HTA Insurance company,<br />
will be represented by its counsel, Chicago<br />
insurance attorney Dan O’Leary. Eight other<br />
speakers are on the morning agenda, followed by<br />
an open discussion session in the afternoon.<br />
Also scheduled for today is a so-called Racing and<br />
Gaming Summit, which starts at 9 and goes on until<br />
4:30. Subjects include The Economic Impact <strong>of</strong><br />
Gaming Machines at Racing Facilities; The Racetrack/Lottery<br />
Partnership; The Politics <strong>of</strong> Racing<br />
and Gaming; a luncheon with Ron Barbaro, chairman<br />
and CEO <strong>of</strong> the Ontario Lottery and Gaming<br />
corporation as keynote speaker; Integrating Gaming<br />
Into the Racetrack Environment; and The<br />
Gaming Product. GEM Communications is sponsoring<br />
the event. Speakers are Jane Holmes <strong>of</strong><br />
Ontario’s OHRIA, Wayne Lemons and Don<br />
Johnson <strong>of</strong> the Delaware Lottery, Gary Loebig <strong>of</strong><br />
Multimedia Games, Dan Bucci <strong>of</strong> Lincoln Park,<br />
Gerald Aubin <strong>of</strong> the Rhode Island Lottery, Bennett<br />
Liebman <strong>of</strong> the Racing and Wagering Law Program<br />
at Albany Law School, consultant<br />
Mike Shagan, Bear Stearns gaming and<br />
leisure analyst Michael Tew, and Marc<br />
Falcone <strong>of</strong> the North <strong>America</strong>n Equity Research<br />
Group.<br />
December 10, <strong>2002</strong><br />
EARLY DATES FOR BIG RACES<br />
The realignment <strong>of</strong> racing dates in Indiana with<br />
the addition <strong>of</strong> Indiana Downs will result in two<br />
major pacing events being conducted early in the<br />
2003 season at Hoosier Park. The $200,000 Dan<br />
Patch Invitational will be raced on Saturday, April<br />
12, and the $500,000 Hoosier Cup for 3-year-olds<br />
will be raced Friday, May 30, which will be closing<br />
night for Hoosier next spring. The shortened Hoosier<br />
Park season will result in cancellation <strong>of</strong> other<br />
major events. The $250,000 Breeders Filly Stake,<br />
the Kentucky Standardbred Sales Company<br />
Stakes and John Simpson Memorial Grand Circuit<br />
races all will be dropped from the Hoosier<br />
stakes schedule next year.<br />
OHIO SEASON TRIMMED, TOO<br />
The Ohio State Racing Commission has approved<br />
shorter 2003 seasons for two tracks, Lebanon<br />
Raceway and Scioto Downs, under an arrangment<br />
requiring 17% reductions if approved by both track<br />
management and horsemen. Those conditions<br />
were met by Lebanon and Scioto, horsemen preferring<br />
shorter seasons rather than purse reductions.<br />
Lebanon will race 94 programs instead <strong>of</strong><br />
the 113 raced this year, and Scioto will shorten its<br />
season from 115 programs to 95. Simulcast agreements<br />
also were approved that will have racing<br />
neighbors Beulah Park and Scioto Downs in Columbus<br />
working cooperatively. Beulah will simulcast<br />
from tracks that begin racing at 4 p.m. and<br />
earlier, and Scioto will simulcast from those with<br />
post times <strong>of</strong> 4 p.m. and later. Either track may<br />
simulcast California afternoon racing that begins<br />
racing after 4 p.m. eastern time. Scioto also will<br />
be able to simulcast on afternoons during the<br />
Grand Circuit meeting at the Delaware County<br />
Fair, home <strong>of</strong> the Little Brown Jug.<br />
SYMPOSIUM REPORTS<br />
The Executive Newsletter will carry news<br />
from the Racing Symposium all week.
HARNESS TRACKS OF AMERICA<br />
Executive Newsletter<br />
A daily fax and e-mail report on racing and gaming developments in North <strong>America</strong> and beyond<br />
Stanley F. Bergstein, Editor<br />
RACING TAKES A BEATING<br />
Racing did not fare too well at its symposium in<br />
Tucson yesterday. Two <strong>of</strong> the main speakers <strong>of</strong><br />
the day spoke rather contemptuously <strong>of</strong> the sport<br />
and its product, saying that slots at tracks might<br />
be a short term fix but would not do much for<br />
racing long term.<br />
December 11, <strong>2002</strong><br />
Good or bad, the experts acknowledged that racing<br />
is likely to get the opportunity to add alternative<br />
gaming to its menus, saying that 40 states<br />
are facing deficit budgets next year and that fact,<br />
combined with changing mores that make gambling<br />
more socially acceptable, is likely to add<br />
slots to tracks in a number <strong>of</strong> states.<br />
Bill Eadington, a pr<strong>of</strong>essor <strong>of</strong> economics at the<br />
University <strong>of</strong> Nevada-Reno and director <strong>of</strong> the<br />
school’s Institute for the Study <strong>of</strong> Gambling, said<br />
that racing’s problem was the product, and that<br />
current revenues from slots at tracks that have<br />
them is certain to diminish as economically<br />
strapped states dip into that reservoir for funds.<br />
Eadington said there were more pressing social<br />
needs than racing, and states would start to seek<br />
reallocation <strong>of</strong> slots money to satisfy those needs.<br />
He also called tracks with slots “casinos that happen<br />
to have animals that run in circles.” Bob<br />
Farinella, president <strong>of</strong> Prairie Meadows Racetrack<br />
and Casino, refuted that argument, saying<br />
that his experience was that his racing operation<br />
was very viable and stimulated breeding farms<br />
and horses and their related economic activities<br />
that benefit the state. Jane Holmes, who brought<br />
harness and thoroughbred racing together in<br />
Ontario, echoed those sentiments, saying slots at<br />
tracks in Ontario supported a huge industry that<br />
employed over 40,000 people and was the third<br />
largest agricultural operation in that province.<br />
Then another Ontario speaker, Ron Barbaro,<br />
chairman <strong>of</strong> the Ontario Lottery and Gaming<br />
corporation, derided racing, saying he watched<br />
eight hours <strong>of</strong> the Breeders’ Cup and found “no<br />
fun energy whatsoever,” but rather “trainers,<br />
owners, jockeys and horses.” Barbaro, who presumably<br />
thinks there is great “fun energy” in<br />
pulling slot machine handles, said, “I understand<br />
racehorse people are very religious<br />
-- they worship each other,” and<br />
added that “it annoys the hell out <strong>of</strong> me.”<br />
REINVENTING THE WHEEL<br />
A panel <strong>of</strong> nine speakers discussed insurance at<br />
yesterday’s Symposium session, and only one <strong>of</strong><br />
them -- Dan O’Leary, counsel for Wagering Insurance<br />
North<strong>America</strong> -- seemed to be aware that<br />
there already was an experienced captive for<br />
<strong>America</strong>n racing. The others discussed the need<br />
and possibility for the racing industry to form a<br />
captive, apparently unaware that a booth in the<br />
exhibit area adjacent to where they were speaking<br />
had representatives from a successful captive<br />
with 24 years <strong>of</strong> performance that had returned<br />
$12 million in investment pr<strong>of</strong>it to members<br />
over its existence. Why any current members<br />
<strong>of</strong> WIN would want to join a new all-inclusive<br />
captive is a mystery, but the leaders <strong>of</strong> the<br />
movement formed a task force nevertheless to<br />
explore the possibilities. Far more sensible, it<br />
would seem, would be for the those seeking such<br />
salvation to join the existing captive available to<br />
all. Next up, discovering penicillin.<br />
MORE GUILTY PLEAS IN PICK 6<br />
Without much choice, two coconspirators in the<br />
Breeders’ Cup Ultra Pick Six scandal are entering<br />
guilty pleas. Once mastermind Chris Harn<br />
pleaded guilty, Glen DaSilva and Derrick Davis<br />
were stripped <strong>of</strong> cover, and both are reported<br />
ready to plead guilty to wire and computer fraud<br />
and money laundering.<br />
CHURCHILL PROMOTIONS<br />
Tom Meeker has named Steve Sexton<br />
president <strong>of</strong> Churchill Downs and Cliff<br />
Goodrich president <strong>of</strong> Arlington Park.
HARNESS TRACKS OF AMERICA<br />
Executive Newsletter<br />
A daily fax and e-mail report on racing and gaming developments in North <strong>America</strong> and beyond<br />
Stanley F. Bergstein, Editor<br />
TALK, TALK, TALK IN TUCSON<br />
As the second and third coconspirators in the<br />
Breeders’Cup Pick Six scandal pleaded guilty in<br />
New York, racing’s movers and shakers were<br />
trying to figure out how to repair the damage at<br />
the annual Racing Symposium in Tucson, Arizona.<br />
The president <strong>of</strong> Racing Commissioners<br />
International, Lonny Powell, described the agonies<br />
<strong>of</strong> the industry as “like undergoing gut surgery<br />
with a dull blade without anesthesia,” but<br />
there was no indication racing commissioners<br />
would unite to help the patient. Representatives<br />
<strong>of</strong> the NTRA, while acknowledging the damage<br />
might last for years, seemed happy that all in<br />
racing are “pulling in the same direction,” as if<br />
they were. Rhetoric was rampant, but one voice<br />
<strong>of</strong> reality pierced the noise. Bennett Liebman,<br />
former New York Racing Commissioner who<br />
now coordinates the Albany Law School’s program<br />
on racing and wagering, said stewards are<br />
becoming irrelevant and ignored among leaders<br />
addressing problems like racing security, and he<br />
lamented the fact that current rules, lacking uniformity,<br />
are leading to a world <strong>of</strong> total confusion.<br />
He warned, “We have land mines in the<br />
stewards’ stands that are ready to explode.” Tote<br />
technology was discussed at length, but without<br />
the people who utilize it -- the three major tote<br />
companies -- participating in the discussions.<br />
Marketing by small tracks and large occupied<br />
this morning’s sessions, with representatives <strong>of</strong><br />
smaller independent tracks airing their problems<br />
and solutions in a world <strong>of</strong> simulcasting, and Nick<br />
Eaves, architect <strong>of</strong> Woodbine Entertainment’s<br />
far-reaching marketing program, outlining that<br />
all-embracing enterprise. Steve Mitchell, also <strong>of</strong><br />
Woodbine, stressed the necessity <strong>of</strong> the racing<br />
industry to attend to time delays in time stops on<br />
betting, saying that a survey <strong>of</strong> 44 thoroughbred<br />
and harness races at Woodbine<br />
showed an average time <strong>of</strong> 41 seconds after<br />
the start for final odds to be posted.<br />
December 12, <strong>2002</strong><br />
More significantly, he said that while he felt certain<br />
no past posting was going on, and presented<br />
abundant figures to back up his contention, including<br />
odds that went up instead <strong>of</strong> down, he<br />
noted that 40% <strong>of</strong> people polled at Hollywood<br />
Park thought past posting was occurring. Bill<br />
Nader <strong>of</strong> NYRA said the industry had to strive<br />
to reduce the time <strong>of</strong> final odds posting to as close<br />
to real time as possible.<br />
In the wake <strong>of</strong> all the talk, there were interesting<br />
developments elsewhere.<br />
In New York, Glen DaSilva, in pleading guilty to<br />
his role in the Pick Six scandal, said he made<br />
around $200,000 in his conspiracy role with Chris<br />
Harn. In upstate New York, in the course <strong>of</strong> selling<br />
junk bonds for the first time, the Oneida Indian<br />
nation revealed its slot machines generate<br />
$106 million for the casino each year. Since gaming<br />
accounts for some 70% <strong>of</strong> a casino’s income,<br />
it was projected that the Oneida’s Turning Stone<br />
takes in some $152 million a year. At the Turning<br />
Stone’s nearby neighbor, Vernon Downs,<br />
more trouble. The track is suing the state, contending<br />
that it has no right to require John K.<br />
Baldwin, a financial partner <strong>of</strong> Shawn Scott in<br />
numerous business ventures, to be licensed.<br />
Baldwin is not an <strong>of</strong>ficer, director, member or<br />
stockholder <strong>of</strong> Mid-State Raceway, which operates<br />
Vernon, but the state racing and wagering<br />
board thinks he is inextricably involved with<br />
Scott and wants him to undergo a license and<br />
background check, which he has refused to do.<br />
Scott, it turns out, has not executed an option to<br />
acquire nearly 2 million shares <strong>of</strong> Vernon stock,<br />
which would have given him 80% <strong>of</strong> the shares.<br />
He currently holds some 4%, but he also was<br />
asked for a background check, and still has not<br />
obtained a license.<br />
In Illinois, Pick 4 and 6 wagering will return<br />
to Hawthorne tomorrow.
HARNESS TRACKS OF AMERICA<br />
Executive Newsletter<br />
A daily fax and e-mail report on racing and gaming developments in North <strong>America</strong> and beyond<br />
Stanley F. Bergstein, Editor<br />
CRIMINALITY AND COMEDY TOO<br />
The guilty plea yesterday in White Plains, NY, <strong>of</strong><br />
Derrick Davis, who nominally held the winning<br />
ticket to $3 million in the Breeders’ Cup Ultra Pick<br />
Six scandal, contained comedy as well as tragedy.<br />
After telling how mastermind Glen Harn had called<br />
him and told him he was going to rig the bet and<br />
asked if Davis wanted in, Davis said he was “truly<br />
sorry,” that he would relinquish all rights to the<br />
money, and that the government could instruct Arlington<br />
Park to redistribute the $3 million “to those<br />
who truly have a right to it, the people that picked<br />
five out <strong>of</strong> six,” and that he hoped they could get<br />
the money by Dec. 25. What a tender touch for a<br />
crook. Wonder if he’ll send Christmas cards, too,<br />
to all those five-<strong>of</strong>-sixers. The likelihood <strong>of</strong> Christmas<br />
gifts is remote, unless the Illinois Racing<br />
Board, touched by Davis’ contrition, schedules a<br />
special meeting in the next 10 days to boost the<br />
pay<strong>of</strong>f for the 5-<strong>of</strong>-6 holders from $4,606 to close<br />
to $40,000. The invitation from Harn to Davis to<br />
get in on “future action” on the Breeders’ Cup bet<br />
was not their first gambol into illicit gambling. In<br />
late May, Davis said, Harn asked him to cash some<br />
one hundred counterfit unclaimed winning mutuel<br />
tickets from 2001. He did, after a trip to Delaware<br />
Park to learn how to use self-service machines,<br />
and he split the $22,000 pr<strong>of</strong>it with Harn.<br />
The third Drexel boy, Glen DaSilva, cashed more<br />
than $90,000. After all, what are fraternity brothers<br />
for, if not fun and games?<br />
CORDIALITY, TO A DEGREE<br />
Four independent track represenatives kicked<br />
around the subject <strong>of</strong> surviving with the big guys<br />
at yesterday’s sessions <strong>of</strong> the Racing Symposium<br />
in Tucson, and there were sunny smiles all around<br />
and great conviviality. When the subject got around<br />
to account wagering, however, there was<br />
a chill behind the smiles. Jim Hannon, who<br />
handles simulcasting for Billy Johnston’s<br />
December 13, <strong>2002</strong><br />
Chicago-area operations, said that fellow panelist<br />
Mike Weiss <strong>of</strong> Beulah Park in Columbus, Ohio,<br />
was stealing Balmoral and Maywood Park customers<br />
with his <strong>America</strong>Tab Internet and phone service.<br />
Hannon said that because Illinois does not<br />
allow account wagering, the Chicago tracks could<br />
not compete with those operations from out <strong>of</strong><br />
state. Weiss essentially said it was survival <strong>of</strong> the<br />
fittest, attributing Beulah’s successes to account<br />
wagering, loyal fans, a clean plant and the wellrounded<br />
Katie and Jenna Felty, the Beulah Twins,<br />
who were given considerable credit for rises in<br />
Beulah’s handle. Tip to track operators: get yourself<br />
some lovely blondes, men. Two <strong>of</strong> a kind, if<br />
possible.<br />
HORSEMEN SUE MONTICELLO<br />
Claiming they have been shorted $1.3 million by<br />
purse deductions for track expenses, horse owners<br />
and trainers have sued Monticello Raceway<br />
for that amount after the track <strong>of</strong>fered $125,000<br />
as a settlement. Track president Cliff Ehrlich says<br />
he has “utmost respect” for the horsemen, and<br />
calls the suit “unfortunate” because it will be<br />
lengthy and expensive.<br />
ANNETTE ABDICATES<br />
Annette Bacola, Michigan’s lone racing commissioner,<br />
has had enough. She announced her resignation<br />
yesterday, effective the end <strong>of</strong> the month,<br />
a year earlier than her term. Mrs. Bacola said<br />
she would have stayed on if Gov. John Engler had<br />
created a full commission to help out, but that she<br />
was tired <strong>of</strong> handling the task alone and opted to<br />
spend more time with her husband and six-yearold<br />
son. The development apparently caught her<br />
staff by surprise, the announcement coming not<br />
from her Michigan <strong>of</strong>fice but in a news story in<br />
Thoroughbred Times. Across the Detroit River,<br />
Windsor Raceway presents its 37th Provincial<br />
Cup Sunday, for a purse <strong>of</strong> $437,000, with a<br />
classy 9-horse field.
HARNESS TRACKS OF AMERICA<br />
Executive Newsletter<br />
A daily fax and e-mail report on racing and gaming developments in North <strong>America</strong> and beyond<br />
Stanley F. Bergstein, Editor<br />
MICHIGAN GOV ACTS QUICKLY<br />
Annette Bacola’s resignation as Michigan racing<br />
commissioner may have surprised many, but John<br />
Engler, the governor <strong>of</strong> Michigan, apparently was<br />
not one <strong>of</strong> them. Within 24 hours after her announcement<br />
at the Racing Symposium in Tucson<br />
last week, Engler replaced Bacola with R. Robert<br />
Geake, a practicing consulting psychologist who<br />
has been serving as Michigan’s Children’s Ombudsman<br />
for the last year. Geake was appointed<br />
for a two-year term beginning this coming Saturday.<br />
ANOTHER SLOT FUSS IN MD<br />
Baltimore and Washington newspapers were in a<br />
tizzy today, buzzing about the revelation that Joe<br />
DeFrancis, his sister Karin, and other former minority<br />
owners <strong>of</strong> Pimlico and Laurel in a group<br />
called Maryland Ventures were to get 65% <strong>of</strong><br />
pretax earnings from slot operations at Maryland<br />
thoroughbred tracks for the first five years <strong>of</strong> slot<br />
operations, if approved. The percentage, according<br />
to an SEC filing, would drop to 50% after five<br />
years, to 40% after ten years, and would cease<br />
after slots had been at the tracks for twenty years.<br />
The Washington Post quoted “several <strong>of</strong><br />
Maryland’s legislative leaders” as saying that “if<br />
too much money lands in the pockets <strong>of</strong> a small<br />
collection <strong>of</strong> wealthy track owners, public support<br />
for slots could evaporate.” <strong>Inc</strong>oming House<br />
Speaker Michael Busch, a Democrat and an opponent<br />
<strong>of</strong> slots, said, “The idea <strong>of</strong> creating bonanzas<br />
for individuals out there is not something<br />
that we as elected <strong>of</strong>ficials should be entertaining.”<br />
Republican legislators who previously opposed<br />
the idea <strong>of</strong> slots at tracks now say they are<br />
ready to go along with the idea, but the DeFrancis<br />
slot sharing could lead to them making the state’s<br />
share so high, or the tax so oppressive, that<br />
Maryland would face the same situation<br />
as New York, where tracks can’t build on<br />
a 12% share or with a five-year sunset provision.<br />
December 16, <strong>2002</strong><br />
The DeFrancis/Maryland Ventures story was not<br />
part <strong>of</strong> the original news stories about the sale <strong>of</strong><br />
the Maryland Jockey Club to Magna Entertainment.<br />
It broke after a DeFrancis announcement<br />
<strong>of</strong> the arrangement, and after the SEC filing by<br />
Magna Entertainment revealed the details, which<br />
also showed that Joe and Karin received $18.4 million<br />
from Magna for an option to buy their remaining<br />
49% stake in the Maryland Jockey Club in<br />
2006 or 2007. If Magna exercised the option, Joe<br />
and Karin would get another $18.3 million. As for<br />
the split <strong>of</strong> the 65% <strong>of</strong> pretax slots pr<strong>of</strong>its, the<br />
SEC filing shows approximate pro rata shares for<br />
the first five years <strong>of</strong> 35% to the Maryland Jockey<br />
Club; 19% to LUK-Flats LLC; 16% to the Laurel<br />
Guida Group, controlled by former harness racing<br />
owner Lou Guida; 13% to FJN LLC; 12% to Joe<br />
DeFrancis; and 5% to counsel Martin Jacobs. The<br />
dollar value <strong>of</strong> those percentages depends, <strong>of</strong><br />
course, on how Maryland decides to divvy up slots<br />
revenues between the states and the tracks. This<br />
latest revelation clearly could affect those percentages.<br />
A STRANGE AND WEIRD REPORT<br />
Thoroughbred Times reports that Magna Entertainment<br />
has purchased a 271-acre site in suburban<br />
Detroit for more than $100 million to build a<br />
mixed-breed track. The report is bizarre, since<br />
Magna International bought the site two years ago<br />
this month for $17 million, and it seems unlikely it<br />
would sell to MEC for an $83 million pr<strong>of</strong>it. Michigan<br />
deputy racing commissioner Jim Bowes was<br />
quoted in the story, but he says his quote and the<br />
story were from two years ago, and that Salem<br />
township, where the property is located, opposes<br />
any racetrack there.<br />
GELLER INTRODUCES VLT BILLS<br />
Senator Steve Geller has introduced a bill -- S64 -<br />
- that would provide VLTs at Florida’s parimutuel<br />
facilities, racing and jai alai.
HARNESS TRACKS OF AMERICA<br />
Executive Newsletter<br />
A daily fax and e-mail report on racing and gaming developments in North <strong>America</strong> and beyond<br />
Stanley F. Bergstein, Editor<br />
VETO FOR NJ COMMISSION BILL<br />
New Jersey governor James McGreevey slipped<br />
a more severe bit on the legislature’s loose horse<br />
racing commission revision bill yesterday, issuing<br />
a conditional veto and suggesting that legislators<br />
give a little more thought to conflicts <strong>of</strong><br />
interest. The runaway bill flew through both<br />
houses <strong>of</strong> the state legislature with little opposition<br />
-- and with little thought -- in allowing racing<br />
commissioners to own and train runners or<br />
harness horses while serving on the commission.<br />
The legislators may not have thought this was a<br />
conflict <strong>of</strong> interest, but New Jersey’s attorney<br />
general did, and he advised McGreevey to veto<br />
the bill. The governor suggested to the legislature<br />
that allowing commissioners to retain an<br />
ownership, breeding or training interest in horses<br />
within New Jersey was unacceptable, and that<br />
“to ensure that each commissioner will carry out<br />
his or her duties in a completely objective and<br />
disinterested manner, the bill should provide that<br />
no commissioner shall breed horses in New Jersey<br />
or hold a license to train or race any horse in<br />
this State.” Instead, McGreevey said, he recommended<br />
a bill that would simply direct that two<br />
commissioners be persons with knowledge <strong>of</strong><br />
thoroughbred horses and two commissioners<br />
have knowledge <strong>of</strong> standardbreds, and that to<br />
make sure <strong>of</strong> that the state’s two breed organizations<br />
should recommend potential nominees to<br />
the governor. That makes total sense, and is<br />
something other governors everywhere might<br />
consider as a model. The bill’s sponsor, Senator<br />
Martha Bark, said she was disappointed by the<br />
governor’s action, but her reason made no more<br />
sense than the original bill. She said it was her<br />
intention “to give members <strong>of</strong> the racing community<br />
an opportunity to have a strong voice on<br />
the commission.” The governor’s recommendation<br />
does precisely that, except that<br />
it doesn’t pander to special interests that<br />
seemingly convinced Ms. Bark to introduce<br />
her bill in the first place.<br />
December 17, <strong>2002</strong><br />
ELSEWHERE IN THE NEWS......<br />
JIM MCALPINE, president and CEO <strong>of</strong> Magna<br />
Entertainment, told the House Appropriations<br />
Committee <strong>of</strong> the Maryland legislature that Magna<br />
could undertake “a total rebuild” <strong>of</strong> Pimlico<br />
Race Course and complete it in two years if the<br />
legislature authorized slots for tracks in the state.<br />
At the same meeting, the chairman <strong>of</strong> the committee<br />
told Joe DeFrancis that the sharing <strong>of</strong> slots<br />
pr<strong>of</strong>its for 20 years by DeFrancis and his sister<br />
Karin could raise problems for slot legislation,<br />
but DeFrancis said that arrangement would have<br />
no impact on how much money went to Maryland.<br />
HIPPODROME DE MONTREAL cancelled its<br />
$500,000 Prix de Montreal for 3-year-old pacers<br />
for budgetary reasons, and the Journal de<br />
Montreal reported that the Quebec government<br />
wants to shut down three small tracks -- Trois-<br />
Rivieres, Quebec City and Aylmer -- and turn<br />
them into teletheaters.<br />
NORTHFIELD PARK CEO TOM ALDRICH<br />
told some 300 members <strong>of</strong> the Pro Football Hall<br />
<strong>of</strong> Fame luncheon club that slots in West Virginia,<br />
Indiana, the Detroit area and Niagara Falls<br />
were creating “a managed decline” in Ohio horse<br />
racing, along with “the ravages <strong>of</strong> unregulated<br />
and unstoppable Internet gambling.” Calling<br />
governor Bob Taft, who adamantly opposes slots<br />
at Ohio tracks, “a principled man,” Aldrich said,<br />
“We’ll have to redouble our efforts in taking our<br />
case to the public.”<br />
SIS and TRPB CHIEF PAUL BERUBE, in a long<br />
interview in the Baltimore Sun, told writer Jon<br />
Morgan that the Breeders’ Cup Ultra Pick Six<br />
scandal did not shock or surprise him. He said it<br />
seemed inevitable as racing moved from the<br />
confines <strong>of</strong> racetracks to the “nearly ungovernable<br />
realm <strong>of</strong> cyberspace.”
HARNESS TRACKS OF AMERICA<br />
Executive Newsletter<br />
A daily fax and e-mail report on racing and gaming developments in North <strong>America</strong> and beyond<br />
Stanley F. Bergstein, Editor<br />
EVERYBODY WANTS A SEAT<br />
Everybody wants a seat at the slots table these<br />
days, and there is frantic scurrying around to<br />
gain one.<br />
In Pennsylvania, where Greenwood Racing<br />
wants to build a track in depressed Chester, it<br />
learned it will have to wait, as the Pennsylvania<br />
racing commission delayed a decision pending<br />
further financial information. Greenwood president<br />
Bob Green says he’ll build the track, if<br />
granted a license, regardless <strong>of</strong> whether slots are<br />
legalized. Given that the state’s new governor,<br />
Ed Rendell, was elected on a platform that included<br />
slots for racing, Green’s commitment<br />
seems a fairly safe bet, unlikely to be tested.<br />
In Maine, Las Vegas investor Shawn Scott has<br />
poured almost $130,000 into a campaign for track<br />
slots, through a committee called Best Bet for<br />
Maine. To date, Scott’s Capitol One LLC is the<br />
sole donor to the fund.<br />
In Lousiana, Harrah’s Casino received clearance<br />
from state gaming regulators to buy Louisiana<br />
Downs. According to the Shreveport Times, the<br />
state Gaming Control Board approved a complex<br />
series <strong>of</strong> transactions in a $183 million<br />
project in which Harrah’s will own 95% <strong>of</strong> the<br />
track and five Louisiana private investors will<br />
own the remainder. The deal involves new ownership<br />
<strong>of</strong> a Shreveport casino and a transfer <strong>of</strong><br />
the horse racing license that is expected to be<br />
approved by the state racing commission tomorrow.<br />
The end result will be 900 slots in the track’s<br />
clubhouse, which will be refurbished at a cost <strong>of</strong><br />
$41 million. The track’s purchase price will be<br />
$72.25 million, and all but $985,000 <strong>of</strong> that will go<br />
to Dr. John York, who is married to Denise<br />
DeBartolo, the daughter <strong>of</strong> Louisiana<br />
Downs founder Eddie DeBartolo, who built<br />
it in 1973.<br />
December 18, <strong>2002</strong><br />
In New York, financially strapped Vernon Downs<br />
will have its license application reviewed by the<br />
New York Racing and Wagering Board next<br />
Monday. Shawn Scott is involved here, too, since<br />
the New York status <strong>of</strong> a Scott associate, John<br />
Baldwin, remains an issue in licensing. The track<br />
has applied for some $1 million in New York development<br />
fund money to build a 33,000-square<br />
foot slot facility.<br />
In another Vernon development, Jim Moran, a<br />
veteran and valued Vernon employee for 35<br />
years, has been cut loose, given an involuntary<br />
leave <strong>of</strong> duties. Vernon also is losing 19 parcels<br />
<strong>of</strong> land that the county is acquiring because <strong>of</strong><br />
delinquent property, county, school and village<br />
taxes unpaid during the last three years.<br />
LOOKING FOR A JOB? TRY THIS<br />
If you are looking for a career change, and would<br />
like to move to Arizona, we have just the ticket<br />
for you. Arizona’s 29 Indian casinos, strengthened<br />
by support <strong>of</strong> the state’s voters last month,<br />
are desperate for blackjack dealers. The November<br />
legislation paved the way for blackjack tables<br />
in addition to slots, and dealers are in high demand,<br />
with up to 1,200 needed. Basic math skills,<br />
the ability to stand up for long stretches, and the<br />
manual dexterity to flip cards and divide chips<br />
are requisites. The pay is typically minimum<br />
wage <strong>of</strong> $5.15 an hour, but tips can run as high<br />
as $200 a day, so personality is important. We’ll<br />
provide you with character references if needed.<br />
SERIOUSLY, TALENT AVAILABLE<br />
HTA has received resumes from an experienced<br />
and skilled mutuel manager, two experienced<br />
race callers, and a veteran harness racing publicity<br />
man. All three have long careers in the sport.<br />
If interested, contact us and we’ll send you<br />
the resumes and put you in contact with the<br />
talent.
HARNESS TRACKS OF AMERICA<br />
Executive Newsletter<br />
A daily fax and e-mail report on racing and gaming developments in North <strong>America</strong> and beyond<br />
Stanley F. Bergstein, Editor<br />
CRUSADERS DON THEIR ARMOR<br />
The editor’s Daily Racing Form column today discusses<br />
Bill Oberle’s campaign to bring sports betting<br />
back to Delaware. The ink was not dry, however,<br />
before a Wilmington (Del) News Journal<br />
story told <strong>of</strong> a special counsel for the National<br />
Football League asking Delaware lawmakers not<br />
to pass the measure. Jay Moyer, saying he was<br />
representing all <strong>of</strong> <strong>America</strong>’s major pr<strong>of</strong>essional<br />
sports leagues, told the task force convened by<br />
Oberle, who now is speaker pro tem <strong>of</strong> the Delaware<br />
House, that legally sanctioned sports betting<br />
would encourage young people to pick up<br />
the gambling habit. He said it would harm sports<br />
by increasing the perception <strong>of</strong> some that games<br />
are corrupt. Moyer thinks sports gambling sends<br />
a terrible message to youth, and that youth looks<br />
up to athletes. Maybe once upon a time, Jay.<br />
With wife and sweetheart beaters rampant, steroid<br />
users everywhere, and college recruits for<br />
the NFL acting like they have licenses to be thugs,<br />
we think today’s generation can pick better models.<br />
By the way, Jay, what’s your take on illegal<br />
sports betting? I’ll take mine legal, thank you, if<br />
at all.<br />
The crusaders are out in Massachusetts, too, trying<br />
to head <strong>of</strong>f casinos, and presumably slots at<br />
tracks as well, in the Bay State. While Massachusetts<br />
money flows to Connecticut, state senator<br />
Susan Tucker is setting up an organization<br />
that would help anti-casino forces to broadcast<br />
their arguments to the public. She told Business<br />
Today.com that everyone understands that the<br />
state-appointed panel studying the possibility <strong>of</strong><br />
gambling in Massachusetts “is rigged toward<br />
gambling interests,” even though it includes academics<br />
as well as labor and political leaders.<br />
Tucker apparently thinks something like<br />
Foxwoods would be okay, but as far as<br />
Massachusetts goes, she says, “We’re not<br />
talking about another Foxwoods, but multiple,<br />
junky casinos all over New England.”<br />
December 19, <strong>2002</strong><br />
AN INDIAN VERNON DOWNS?<br />
The Oneida Indian Nation, which owns the Turning<br />
Stone casino some four miles from Vernon<br />
Downs, has said in a prospectus that it could be<br />
interested in buying its neighbor track in central<br />
New York. The Oneidas say they have considered<br />
investing in or buying the track. The<br />
prospectus says, “Vernon Downs at times has<br />
been <strong>of</strong>fered for sale, and the nation has at times<br />
expressed interest in its operations.” Vernon is<br />
facing serious financial problems and the licensing<br />
status <strong>of</strong> investor Shawn Scott and a Scott<br />
associate. The Oneidas, incidentally, have spent<br />
$29 million on expansion, the ongoing effort including<br />
two new hotels, a performing arts center,<br />
and two new golf courses. It reported a pr<strong>of</strong>it<br />
<strong>of</strong> almost $70 million in the last fiscal year, which<br />
is 10 times higher than the area’s second largest<br />
private employer, Oneida Ltd., according to a<br />
report today in the Syracuse Post-Standard. The<br />
paper also reported that the casino paid almost<br />
$1.8 million to companies owned by the wife and<br />
brother <strong>of</strong> Oneida Nation leader Ray Halbritter,<br />
considered one <strong>of</strong> the brightest minds in casino<br />
gaming. Total revenues at the casino, hotel, restaurants,<br />
stores and showroom in the fiscal year<br />
ending September 30 were $232 million according<br />
to the Oneida prospectus, the first time any<br />
detailed disclosure <strong>of</strong> casino operations has been<br />
released.<br />
BEEN TO PAYSON, AZ, LATELY?<br />
Neither have many other people. But 30 manufacturers<br />
<strong>of</strong> slot machine games were there last<br />
week, testing their newest games with 200 <strong>of</strong> the<br />
best players at the Mazatzal Indian casino. The<br />
tribe has created an annual “games testing” event<br />
that also serves as a vehicle to entertain its top<br />
players with food, drinks and previews <strong>of</strong> new<br />
games. The manufacturers like the idea, and<br />
with a recent vote that increases Arizona<br />
machines to 15,675 in the next five years,<br />
it’s good business for the testers.
HARNESS TRACKS OF AMERICA<br />
Executive Newsletter<br />
A daily fax and e-mail report on racing and gaming developments in North <strong>America</strong> and beyond<br />
Stanley F. Bergstein, Editor December 20, <strong>2002</strong><br />
JANE HOLMES TO WOODBINE<br />
Standardbred Canada reports that one <strong>of</strong> horse<br />
racing’s brightest stars, Jane Holmes, is leaving<br />
her post as executive director <strong>of</strong> the Ontario<br />
Horse Racing Industry Association to succeed<br />
retiring David Gorman as a vice president <strong>of</strong><br />
Woodbine Entertainment Group. Ms. Holmes,<br />
in her seven years at OHRIA, unified the Canadian<br />
horse racing industry into a group that<br />
speaks to government with one voice for both<br />
harness and thoroughbred racing. She received<br />
HTA’s Messenger Award, the association’s highest<br />
honor, last year for that accomplishment. No<br />
word on a successor has been announced, and<br />
Woodbine has not yet made a formal announcement<br />
<strong>of</strong> Ms. Holmes’ hiring, but OHRIA will<br />
have difficulty finding a person with the talents<br />
and political negotiating skills that Ms. Holmes<br />
demonstrated in uniting racing breeds in<br />
Ontario.<br />
A BUSY STADIUM AT BIG M<br />
With New Jersey cutting <strong>of</strong>f its $5 million <strong>2002</strong><br />
subsidy and governor James E. McGreevey mandating<br />
that the Meadowlands sports complex<br />
must be self-sufficient operationally, sports authority<br />
chief executive George Z<strong>of</strong>finger is turning<br />
to Giants Stadium to carry the load. The stadium,<br />
which hosted 47 events this year for a $16.3<br />
million pr<strong>of</strong>it, will host at least 56 next year, and<br />
Z<strong>of</strong>finger hopes and expects they will bring in<br />
$21.1 million. On the calendar are at least four<br />
and perhaps as many as seven international soccer<br />
events, including an appearance <strong>of</strong> top flight<br />
Manchester United, and hopefully multiple performances<br />
by Jersey’s Boss, Bruce Springsteen,<br />
and Jon Bon Jovi. Monmouth Park which suffered<br />
deep declines last year, may be hard pressed<br />
to support a turnaround, but handle at the<br />
Meadowlands maintained an even keel<br />
and the start <strong>of</strong> the upcoming long season<br />
is doing the same.<br />
NO XMAS FOR BOB BRENNAN<br />
Robert Brennan’s nemesis, federal judge Richard<br />
Owen, is not imbued with the holiday spirit<br />
as far as Brennan is concerned. At the end <strong>of</strong> a<br />
hearing in which Brennan claimed remorse,<br />
Owen said, “I hear the words, Mr. Brennan, but<br />
I really don’t see any remorse.” Having said that,<br />
Owen indicated he is inclined to add another<br />
three years in prison to Brennan’s sentence in<br />
February, as punishment for Brennan having<br />
used frozen funds to pay his lawyer. Brennan<br />
had hoped to get <strong>of</strong>f with a sentence <strong>of</strong> 8 to 14<br />
months, to be served concurrently with his<br />
present term, but Owen said Brennan’s actions<br />
amounted to theft. Citing what he called “today’s<br />
questionable corporate executive climate,” Owen<br />
said he wanted to make sure there was no impression<br />
that such conduct was tolerated or could<br />
go unpunished. Brennan, who said he had written<br />
the judge expressing remorse “from the heart<br />
while sitting in my prison cell,” called his treatment<br />
“a violation <strong>of</strong> constitutional principles.”<br />
His lawyer said he was impoverished and in ill<br />
health. Brennan, who for the first time talked <strong>of</strong><br />
enrolling in a federal alcohol and drug abuse program,<br />
will be 65 or 66 by the time he leaves prison<br />
if Owen does not relent, which seems unlikely.<br />
RENDELL: NO RIVERBOATS<br />
Pennsylvania’s governor-elect, Ed Rendell, who<br />
had talked about riverboats while mayor <strong>of</strong> Philadelphia,<br />
had good news for racing yesterday. He<br />
reaffirmed his support for slots at tracks, but said<br />
he has no plans for riverboat gambling.<br />
ADD A RACING SECRETARY<br />
The Newsletter mentioned an experienced mutuel<br />
manager, two announcers and a publicist available<br />
earlier this week. Add a racing secretary with<br />
long harness racing experience to the list<br />
<strong>of</strong> available talent. Information available<br />
from HTA.
HARNESS TRACKS OF AMERICA<br />
Executive Newsletter<br />
A daily fax and e-mail report on racing and gaming developments in North <strong>America</strong> and beyond<br />
Stanley F. Bergstein, Editor December 23, <strong>2002</strong><br />
WRONG HORSE AT WOODBINE a red alert to all track managers to check that paddock<br />
and testing personnel are in fact performing<br />
In one <strong>of</strong> those dreaded incidents for track management<br />
in which not one but two key racing employees<br />
were lax in their jobs, a misidentified horse<br />
their identification duties regularly and diligently.<br />
won the second race at Woodbine last Thursday ANOTHER WIN FOR SIS<br />
night. Not only did the track identifier -- Paul Ruhl, An investigation by Standardbred Investigative<br />
an assistant paddock judge -- fail to check the Services and the Office <strong>of</strong> Criminal Investigations<br />
horse’s identity, but a laboratory technician employed<br />
by Woodbine’s testing company also failed ended the career <strong>of</strong> a dealer in illegal medication<br />
<strong>of</strong> the U.S. Food and Drug Administration has<br />
to do so, and the race was won by a horse other in Illinois. Miriam F. Miquelon, U.S. attorney for<br />
than the one programmed to race, and winning bets the southern district <strong>of</strong> Illinois, announced that<br />
paid. The incident occurred when trainer Mark William Tippett <strong>of</strong> Fairview Heights, Illinois, had<br />
Harder shipped two fillies recently acquired in pleaded guilty to misbranding veterinary drugs<br />
Michigan to Woodbine. One, Nine O Nine Vine, earlier this year to be dispensed to horses without<br />
was scheduled to race last week, but it turned out prescriptions from a licensed veterinarian. Tippett<br />
that the second filly, Devereaux, actually went faces up to 3 years imprisonment and a $250,000<br />
postward. One <strong>of</strong> the fillies was reported to have fine when he is sentenced March 14.<br />
a star on its forehead and the other did not, and<br />
both were freeze-branded. Devereaux won the race NO HOLIDAY JOY IN QUEBEC<br />
for driver Paul McDonnell in 1:57 4/5, paying $7.20. Not for harness racing, anyway. The finance department<br />
<strong>of</strong> the province <strong>of</strong> Quebec has approved<br />
Woodbine’s senior vice president for racing, Hugh<br />
Mitchell, apologized to Woodbine’s patrons and an additional 1,070 VLTs for SONACC, the provincial<br />
governing body <strong>of</strong> racing, but with severe<br />
horsemen, saying the horse identifier failed to do<br />
his job and had been suspended indefinitely, and terms and conditions. The revenues cannot go to<br />
that new identification measures were being put in purses, since they are to be cut from $40 million a<br />
place immediately to insure that the regrettable year to $36 million in 2003 and to $32 million in<br />
incident could not happen again. “We dropped the 2004. SONACC is limited to $19 million for improvements<br />
to add the additional machines at Hip-<br />
ball on this one,” Mitchell said. Barry Hewson,<br />
Woodbine’s director <strong>of</strong> racing, noted that the odds podrome de Montreal and its teletheaters, and is<br />
<strong>of</strong> two identifiers failing to identify the horse starting<br />
in a race were astronomical. The Ontario Rac-<br />
10%, or $4.5 million. In addition, Quebec will ap-<br />
ordered to cut its annual operating expenses some<br />
ing Commission, taking quick action, fined Woodbine<br />
Entertainment $20,000 for the incident, fined tation <strong>of</strong> the retructuring plan, and any investment<br />
point its own representative to oversee implemen-<br />
trainer Mark Harder -- who was not present at <strong>of</strong> more than $1 million will have to be approved<br />
Woodbine -- $7,500, and fined Tony O’Sullivan, by the finance department. Hippodrome, meanwhile,<br />
has cut back its live racing dates to three<br />
Harder’s assistant trainer, $1,000. It also suspended<br />
assistant paddock judge Ruhl, who was responsible<br />
for identification in the paddock, for 30 campaigning independently to save tracks at Que-<br />
cards a week through April, and its horsemen are<br />
days, and ordered the purse redistributed. bec City, Three Rivers and Aylmer that the government<br />
wants to The unfortunate incident should serve as<br />
close.
HARNESS TRACKS OF AMERICA<br />
Executive Newsletter<br />
A daily fax and e-mail report on racing and gaming developments in North <strong>America</strong> and beyond<br />
Stanley F. Bergstein, Editor<br />
UNHAPPY NEW YEAR!<br />
At least for Vernon Downs, which yesterday was<br />
denied a racing license and ordered to close down<br />
operations as <strong>of</strong> the end <strong>of</strong> the year by the New<br />
York Racing and Wagering Board. The board,<br />
vexed by Vernon’s serious financial problems<br />
and its refusal to cooperate with regulators, said<br />
enough was enough, and that it was spending a<br />
too much <strong>of</strong> its time and resources on Vernon’s<br />
problems. Board chairman Michael Hoblock<br />
said that when Vernon was granted a license in<br />
July, three months into its racing season, “We<br />
chose to give those involved one more chance.<br />
We did what we did based on faith. I think it’s<br />
time.” He and commissioner Cheryl Buley listened<br />
to a recitation <strong>of</strong> Vernon’s problems from<br />
the board’s director <strong>of</strong> racing operations, Joe<br />
Lynch, and then voted to pull the plug. Track<br />
president Andrew Goodell claimed Vernon was<br />
not given an opportunity to state its case, and<br />
said he hoped the track would seek a court order<br />
in the next few days that would allow it to operate<br />
past the end <strong>of</strong> the year.<br />
Part <strong>of</strong> Vernon’s problem, according to Goodell,<br />
is the status <strong>of</strong> John Baldwin, whom the state<br />
claims controls most <strong>of</strong> the finances <strong>of</strong> Shawn<br />
Scott <strong>of</strong> Las Vegas, the controversial figure who<br />
loaned Vernon either $8 million or $15 million<br />
at high interest, depending on which reports you<br />
read. Baldwin has until recently resisted licensing<br />
in New York, which the board demands. He<br />
said his lawyers had recently said he would go<br />
along with the state’s request if it paid for the<br />
costs and provided confidentiality. The board<br />
has charged that Vernon has failed to pay <strong>of</strong>f its<br />
debts, to eliminate credit accounts and rebates<br />
for certain patrons, to maintain proper security,<br />
and to forbid its employees from participating<br />
in racing. Vernon’s 2003 racing<br />
schedule is supposed to begin in April.<br />
Whether it does remains to be seen.<br />
December 24, <strong>2002</strong><br />
The Blood-Horse, meanwhile, said board chairman<br />
Hoblock announced four new rules for operation<br />
for all New York tracks for 2003 in the wake <strong>of</strong> the<br />
Pick Six scandal<br />
* No bets can be cancelled once a race has<br />
started.<br />
* Portable betting units issued may not contain<br />
the ability to cancel bets.<br />
* The units can be issued and used by one individual<br />
or betting interest only.<br />
* Every person who opens a day or temporary<br />
betting account must provide identification including<br />
social security number, and the records<br />
must be kept for three years by all tracks.<br />
WOE IN PHILADELPHIA, TOO<br />
Philadelphia Park and its horsemen are at it<br />
again, and the track could face a shutdown January<br />
1. The track wants a multi-year contract.<br />
The horsemen, with slots on the horizon, want to<br />
sign only for one year, and are insisting on a<br />
clause -- which Philadelphia Park says it will not<br />
accept -- which provides that the track will pledge<br />
to “maximize revenues,” something that normally<br />
is taken for granted in any for-pr<strong>of</strong>it organization.<br />
Apparently not so in Philly, and unless<br />
an agreement is reached by New Year’s Day a<br />
total shutdown is possible. President and CEO<br />
Hal Handel has told horsemen they will have to<br />
vacate the grounds by Jan. 6 if no agreement is<br />
reached.<br />
CPMA SAYS IT CAUGHT ERROR<br />
Yesterday’s Newsletter reported laxity by testing<br />
personnel as well as the track identifier in the<br />
“wrong horse” incident at Woodbine. The Canadian<br />
Pari-Mutuel Agency says that is inaccurate,<br />
and that its drug control testing personnel<br />
not only were diligent in their duties but were<br />
the persons who detected the error when the wrong<br />
horse reported to the test barn. Meanwhile,<br />
Merry Christmas. We’ll be back Thursday.
HARNESS TRACKS OF AMERICA<br />
Executive Newsletter<br />
A daily fax and e-mail report on racing and gaming developments in North <strong>America</strong> and beyond<br />
Stanley F. Bergstein, Editor<br />
SCIOTO SOLD FOR $19 MILLION<br />
MTR Gaming Group, which owns and operates<br />
Mountaineer Race Track and Gaming Resort in<br />
Chester, West Virginia, has agreed to buy Scioto<br />
Downs in Columbus, Ohio, for $19 million. The<br />
<strong>of</strong>fer represented a 146% premium on Scioto<br />
stock, which had been trading at $13, but after<br />
announcement <strong>of</strong> the impending sale Scioto stock<br />
zoomed upwards by 126%, to $29.50 in over-thecounter<br />
trading. Scioto opened on October 9,<br />
1959, the proud possession <strong>of</strong> popular beer distributor<br />
Charlie Hill, who built it as a model track<br />
with its soaring cantilever ro<strong>of</strong> and interior materials,<br />
including tile, that needed little maintenance.<br />
Hill and his wife LaVerne were two <strong>of</strong><br />
HTA’s strongest supporters, never missing a<br />
meeting, and LaVerne still maintains that record<br />
after 43 years. She was awarded HTA’s Messenger<br />
Award, the association’s highest honor, two<br />
years ago, and is Scioto’s largest stockholder with<br />
208,341 shares.<br />
Under the sales arrangement, MTR Gaming<br />
agreed to pay $32 a share for the track’s 595,767<br />
shares, although stockholders were <strong>of</strong>fered an<br />
alternative <strong>of</strong> taking $17 a share up front with<br />
10 annual contingent payments based on 10%<br />
growth <strong>of</strong> Scioto earnings before interest, taxes,<br />
depreciation and amortization. Closing is set for<br />
next spring. MTR also plans to build a track in<br />
Erie, Pennsylvania, and president Ted Arneault<br />
said he will not back away from that commitment,<br />
which is being challenged in court by Magna<br />
Entertainment, which owns The Meadows<br />
near Pittsburgh. MTR also owns the Ramada<br />
Inn and Speedway Casino in North Las Vegas,<br />
Nevada, and a Ramada Inn in Reno. Arneault<br />
said the present Scioto management group will remain<br />
in place, including president Ed Ryan.<br />
Mrs. Hill is president <strong>of</strong> Mid- <strong>America</strong><br />
Racing Association, which splits the racing<br />
season with Scioto Downs.<br />
December 26, <strong>2002</strong><br />
DETAILS OF MAGNA’S ERIE SUIT<br />
The Magna Entertainment challenge to MTR’s<br />
construction <strong>of</strong> a new track in Erie, in extreme<br />
northwest Pennsylvania, was filed in Commonwealth<br />
Court in Harrisburg, Pennsylvania’s state<br />
capital. It is based on a claim that the Pennsylvania<br />
State Horse Racing Commission granted<br />
the license without giving Magna and other interested<br />
parties an opportunity to challenge the<br />
application. Magna says the new track, to be<br />
called Presque Isle Downs, would damage the<br />
Pennsylvania racing industry by diluting it, and<br />
the site is not economically viable, two other race<br />
tracks having died there. Magna contends the<br />
license award was not supported by adequate<br />
evidence, was arbitrary and capricious, and represented<br />
an “abuse <strong>of</strong> discretion,” and is asking<br />
the court to reverse the commission’s decision.<br />
MTR’s decisions both to build Presque Isle<br />
Downs and to buy Scioto are assumed to be based<br />
on the clear likelihood <strong>of</strong> slots at tracks in Pennsylvania,<br />
and the considerably longer odds on<br />
that prospect in Ohio.<br />
LAWYERS’ DAY IN IOWA, TOO<br />
Big money is on the line in Iowa, too, and is in<br />
court and possibly headed for the U.S. Supreme<br />
Court. At issue is a 4-3 decision in the Iowa Supreme<br />
Court last June, which ruled that the<br />
state’s tracks should be taxed at the same 20%<br />
rate as the state’s riverboat casinos, and not at a<br />
sliding scale in the 30 percentile and heading<br />
higher. After the decision the state’s tracks sued,<br />
saying they are owed $112 million in refunds and<br />
interest for tax overpayments since 1997. A Polk<br />
county district judge is hearing the case, but state<br />
<strong>of</strong>ficials, in a surprise move, are appealing the<br />
Iowa decision to the U.S. Supreme Court, which<br />
will decide in the next few months whether or<br />
not it will hear the case. HTA’s member<br />
Prairie Meadows seeks $53.7 million.
HARNESS TRACKS OF AMERICA<br />
Executive Newsletter<br />
A daily fax and e-mail report on racing and gaming developments in North <strong>America</strong> and beyond<br />
Stanley F. Bergstein, Editor<br />
STRIKE THREAT IN CHI...AGAIN<br />
Tony Morgan was <strong>Harness</strong> <strong>Tracks</strong> <strong>of</strong> <strong>America</strong>’s<br />
Driver <strong>of</strong> the Year in 1997, and shared the honor<br />
with Luc Ouellette a year earlier. This week he<br />
won his 8,000th race, putting him in an elite<br />
group <strong>of</strong> only ten other drivers that have attained<br />
that l<strong>of</strong>ty total, and he is second in races won this<br />
year, with 688 winning drives, 12 behind Walter<br />
Case. But Morgan is an unhappy man, and he<br />
is back on the warpath in Chicago, not on the<br />
racetrack but in his role as president <strong>of</strong> the Illinois<br />
<strong>Harness</strong> Horsemen’s Association. He is flexing<br />
his muscles and fighting with the Johnstons<br />
again, threatening the third OHHA strike in four<br />
years. The issue is recapture money, which belongs<br />
to the tracks by Illinois law, but which<br />
OHHA wants, law or no law. The Johnstons have<br />
<strong>of</strong>fered compromises on sharing the money, but<br />
they say the horsemen have rejected the idea and<br />
want it all. So a strike appears imminent. Duke<br />
Johnston <strong>of</strong> Maywood Park told Larry Hamel <strong>of</strong><br />
the Chicago Sun-Times that if there is one, he<br />
hopes it will be brief, and added, “I can guarantee<br />
you this: we can wait longer than they can.<br />
As long as they stay on 100%, we’ll be forced to<br />
wait them out. We will not agree to a deal that<br />
would put us out <strong>of</strong> business.”<br />
AND IN ONTARIO, TOO<br />
The Ontario <strong>Harness</strong> Horse Association has set<br />
a 6 p.m. deadline tonight for a new contract with<br />
Woodbine Entertainment, or the group will boycott<br />
the entry box at Canada’s biggest track. The<br />
issues are veto power over simulcasting -- the<br />
horsemen prefer to call it ‘approval rights’ -- and<br />
“a recognition that they are partners.” That may<br />
seem strange to some, since they share 50% <strong>of</strong><br />
virtually everything with Woodbine right now. With<br />
slots money pushing purses to all-time<br />
highs, there would seem to be one explanation:<br />
the horsemen can’t get accustomed<br />
to prosperity.<br />
December 27, <strong>2002</strong><br />
TEXAS TALKING SLOTS, TOO<br />
Facing a state budget deficit <strong>of</strong> $10 billion or<br />
more, Texas is the latest state to begin talking<br />
about slots at tracks. Or the Astrodome. One<br />
Houston Democratic legislator thinks big-thinking<br />
Texas should turn the Astrodome into the<br />
world’s biggest casino. The Indians are powwowing,<br />
too, and this week’s $314.9 million Powerball<br />
pay<strong>of</strong>f has resulted in a bill that would allow<br />
Texas to join the multistate lottery game. One<br />
consultant put it about as bluntly as possible:<br />
“There’s nothing like a budget crisis to reassess<br />
your morals.”<br />
A WEEK TO REORGANIZE<br />
They wanted two extra months, until March 10,<br />
but a federal bankruptcy judge in Chicago gave<br />
lawyers for the ill-fated Emerald Casino just one<br />
week past the original deadline <strong>of</strong> Jan. 8 to come<br />
up with a reorganization plan for paying its deep<br />
debts. U.S. Bankruptcy Judge Eugene Wed<strong>of</strong>f<br />
set a Jan. 14 deadline before creditors are allowed<br />
to step in with their claims for $46 million for<br />
breached contracts and other debts. The casino<br />
is facing another deadline in March, for soliciting<br />
bids on their revoked license.<br />
TWO MORE ‘GRAY’ DRUGS<br />
The Association <strong>of</strong> Racing Commissioners International<br />
does not rush into things, but at least it<br />
moves on the issue <strong>of</strong> jolts that can move up<br />
horses. The ARCI has added two new substances<br />
to its list <strong>of</strong> items that it considers “Prohibited<br />
Practices.” The two are Oxyglobin and<br />
Hemopure, both manufactured by Biopure. The<br />
fact that Oxyglobin has been approved for use<br />
in the treatment <strong>of</strong> anemia and oxygen crisis in<br />
dogs, and that Hemopure is being tested for human<br />
use, is not likely to stop edge-seekers among<br />
trainers. If they use Clorox, as some do,<br />
something for anemia in dogs won’t stop<br />
them. Kudos for the ARCI.
HARNESS TRACKS OF AMERICA<br />
Executive Newsletter<br />
A daily fax and e-mail report on racing and gaming developments in North <strong>America</strong> and beyond<br />
Stanley F. Bergstein, Editor<br />
TWO BOYCOTTS AT YEAR’S END<br />
Woodbine and Balmoral and Maywood Parks end<br />
<strong>2002</strong> without entries for the first day <strong>of</strong> racing in<br />
2003. Illinois harness horsemen, led by driver<br />
Tony Morgan, have boycotted the Balmoral and<br />
Maywood entry boxes in a dispute over Illinois’<br />
‘recapture’ provisions, and Ontario horsemen,<br />
wanting veto power over simulcasting, have boycotted<br />
the Woodbine entry box. Trouble also looms<br />
on the thoroughbred front at Philadelphia Park,<br />
where negotiations continue between the track and<br />
its horsemen. In Illinois, Maywood and Balmoral<br />
will continue full card simulcasting without live racing<br />
during the boycott. The ‘recapture’ dispute,<br />
which now has brought racing to a halt for the third<br />
time in five years, involves state racing law that<br />
enables Illinois tracks to recapture 2% <strong>of</strong> live racing<br />
losses incurred as a result <strong>of</strong> out-<strong>of</strong>-state simulcasting<br />
by deducting it from their purse accounts.<br />
That amount comes to some $15 million<br />
this year. The Johnston family, which control<br />
Balmoral and Maywood, say they plan to stand<br />
firm, as does Morgan, threatening a repeat <strong>of</strong> the<br />
situation four years ago when live racing was shut<br />
down for 37 nights. In Ontario, Woodbine says it<br />
will not relinquish control <strong>of</strong> its national and international<br />
simulcasting. A second issue involves “respect”<br />
for horsemen. Flamboro Downs, now owned<br />
by Magna Entertainment, has signed <strong>of</strong>f on the<br />
new contract demands from horsemen, ending the<br />
threat <strong>of</strong> a boycott there. John Walzak, chief operating<br />
<strong>of</strong>ficer <strong>of</strong> the horsemen’s association, said<br />
negotiations were “not acrimonious” and said language<br />
and attitude adjustments could resolve the<br />
issue.<br />
Philadelphia Park was closed for three days, but<br />
not by a boycott. Bad weather created track problems,<br />
but live racing resumed yesterday. A<br />
mandate to vacate the stable area by Jan.<br />
6 remains in effect if no settlement is<br />
reached contract negotiations.<br />
December 30, <strong>2002</strong><br />
SCOTT TAKES OVER AT VERNON<br />
A New York state Supreme Court justice gave<br />
Vernon Downs 30 more days to get its act together<br />
before a Racing and Wagering Board refusal to<br />
license takes effect, and Shawn Scott <strong>of</strong> Las Vegas,<br />
who has loaned the track $15 million and says<br />
he will loan it another $2.5 million, has taken over<br />
effective control <strong>of</strong> the track. A Scott associate,<br />
Hoolae Paoa, assumed the dual role <strong>of</strong> president,<br />
CEO and chairman <strong>of</strong> the board over the weekend<br />
when Andrew W. Goodell and Davis Jensen resigned<br />
those posts. Paoa said he would deliver a<br />
$250,000 check to Oneida county executive Ralph<br />
J. Eannace Jr. today as partial payment <strong>of</strong> back<br />
taxes, and would work out a plan for repayment <strong>of</strong><br />
the rest. Eannace said the Scott group is “showing<br />
a commitment to trying to stay in Vernon, and<br />
we’re perfectly willing to work with them as long<br />
as that includes paying taxes and developing jobs.”<br />
Paoa ran Delta Downs for Scott between the time<br />
Scott bought the track for $10 million and sold it<br />
to Boyd Gaming for $120 million.<br />
DEADLINE FOR BIG M CHANGES<br />
Today is the deadline for the three finalists in the<br />
Meadowlands redevelopment program to submit<br />
their detailed proposals. Mills corporation <strong>of</strong> Arlington,<br />
VA; Hartz Mountain Industries <strong>of</strong><br />
Secaucus, NJ; and Westfield corporation <strong>of</strong> Los<br />
Angeles were selected several months ago as the<br />
semi-final round winners, and the company that is<br />
chosen after today’s submissions will have the job<br />
<strong>of</strong> transforming 104 acres <strong>of</strong> the Sports and Exposition<br />
Authority site into something other than it is<br />
today. Mills wants to turn the area into a family<br />
entertainment center, with sports and other activities.<br />
Hartz Mountain thinks it should be a convention<br />
center, and Westfield is aiming toward an<br />
entertainment and performance complex. A winner<br />
will be announced early in 2003.
HARNESS TRACKS OF AMERICA<br />
Executive Newsletter<br />
A daily fax and e-mail report on racing and gaming developments in North <strong>America</strong> and beyond<br />
Stanley F. Bergstein, Editor<br />
MIXED NEWS AT YEAR’S END<br />
Depending where you are, there is either good<br />
news or bad as <strong>2002</strong> comes to a close.<br />
If you’re in Toronto, the news is good. Not only<br />
was a shutdown <strong>of</strong> racing avoided with agreement<br />
between Ontario harness horsemen and<br />
Woodbine for a 90-day contract extension and<br />
cooling <strong>of</strong>f negotiation period, but Wednesday<br />
night racing, considered lost yesterday morning,<br />
was resuscitated last night. Horsemen poured<br />
112 entries into the entry box , which had been<br />
kept open until 7 p.m., and 82 horses were drawn<br />
for a 10-race New Year’s night program.<br />
If you’re in Chicago, the news is not good.<br />
Maywood Park lost its New Year’s night and<br />
Friday night cards, and Balmoral Park lost its<br />
Thursday night card, as the Illinois harness<br />
horsemen’s boycott <strong>of</strong> live racing continues.<br />
If you’re in Salem, New Hampshire, it’s not a<br />
happy new year either. New England’s thoroughbred<br />
horsemen, who shot themselves in the foot<br />
in negotiations with Rockingham Park and lost<br />
their season to harness racing, now say they will<br />
withhold permission for simulcasting to The<br />
Rock and the state’s three greyhound tracks.<br />
Thoroughbred Times says it obtained the draft<br />
<strong>of</strong> a letter from the New England HBPA to<br />
Rockingham reading, “Your failure to receive<br />
permission from Suffolk Downs to receive out<strong>of</strong>-state<br />
signals, and compensate them appropriately,<br />
causes direct economic harm to the track<br />
and the horsemen. The (New England) HBPA<br />
shall not provide its approval to transmit the<br />
Suffolk Downs signal into your venue, until such<br />
time as you are in compliance with the Interstate<br />
Horse Racing Act.” Ed Callahan, general<br />
manager <strong>of</strong> Rockingham, called the move<br />
“a serious threat if they are attempting to<br />
close down the four pari-mutuel tracks.” No<br />
word yet from his lawyers.<br />
December 31, <strong>2002</strong><br />
If you’re in Vernon, New York, you can take a little<br />
cheer into the new year. With a 30-day judicial<br />
simulcasting reprieve in effect from the New York<br />
Racing and Wagering Board’s decision not to license<br />
Vernon Downs, Shawn Scott’s chief lieutenant,<br />
Hoolae Paoa, showed up as promised at the<br />
Oneida county finance <strong>of</strong>fice and paid $250,000<br />
down on Vernon’s back taxes. He promised to pay<br />
another $250,000 by the end <strong>of</strong> January, which still<br />
would leave another $200,000 or so unpaid. Paoa,<br />
who now is president, CEO and board chairman <strong>of</strong><br />
Vernon, said he thought the track’s regulatory issues<br />
would be resolved “in the next few weeks.”<br />
The state racing and wagering board said it will<br />
meet with Paoa and other Vernon <strong>of</strong>ficials sometime<br />
in January. Paoa said the issue <strong>of</strong> licensing<br />
<strong>of</strong> John Baldwin, another Scott associate who is<br />
not directly connected with Vernon Downs, would<br />
be resolved by a court decision. He said it cost<br />
Scott $250,000 to get licensed in New York, and<br />
“it’s going to cost a lot more for John Baldwin.”<br />
Paoa said he thought Vernon’s employees “are<br />
going to be assured <strong>of</strong> longevity,” although one <strong>of</strong><br />
the longest tenured <strong>of</strong> all, publicity chief, announcer<br />
and former track spokesman Jim Moran,<br />
already is gone after 35 years.<br />
If you’re in Philadelphia, better news. Thoroughbred<br />
horsemen and Philadelphia Park avoided a<br />
stable area eviction and other unpleasantness<br />
when they signed a one-year contract for live<br />
racing. By the time the contract expires, slots<br />
should be in place at Philadelphia Park.<br />
If you’re in Pompano Beach, Florida, there is<br />
sorrow over the death <strong>of</strong> 69-year-old veteran<br />
trainer Eldon Harner, killed when a horse<br />
trampled him as it bolted its stall.<br />
Wherever you are, Happy New Year. We’ll<br />
be back next year, on Thursday.