2005 - Harness Tracks of America, Inc.

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HARNESS TRACKS OF AMERICAINDIAN CLAIM REVERSAL IN NYIn a potentially far-reaching decision, a federalcourt in New York has ruled that the Cayuga Indiansare not entitled to a $248 million land claimand judgment awarded them by a lower court. Ina 2-1 decision, the 2nd Circuit Court of Appealscited the U.S. Supreme Court’s recent ruling inthe tax case involving the Oneida Indians, ownersof the successful Turning Stone Casino, and thetown of Sherrill, New York, that said too manyyears had passed for the Oneidas to claim theirreacquired former reservations lands were againsovereign and tax exempt. The court in the Oneidacase said some of the considerations that doomedthe case included the passage of so much time;that most of the tribe moved elsewhere; the tribe’slong delay in seeking relief; and the longstandingdistinctly non-Indian character of the area and itsinhabitants. As a result, the appeals court reversedand dismissed the Cayuga’s entire 25-year-old landclaim. “This wasn’t remanded. This was reversedand dismissed,” said Christine Pritchard, a spokespersonfor New York Attorney General EliotSpitzer. “This is significant and precedent-setting.This is the same court that will oversee the rest ofNew York’s land claims.” The Cayugacase is the only Indian land claim in NewYork to make it through the courts. TheExecutive NewsletterA daily fax and e-mail report on racing and gaming developments in North America and beyondStanley Paul J. Estok, F. Bergstein, Editor Editor June 29, 2005BROWARD TO WAIT ON RULES Oneidas, Onondagas, Mohawks and Senecas alsoFor the time being, Broward County commissionershave decided they will not write their own guide-had been pushing to get the legislature to pass ahave land claims pending. Gov. George Patakilines to oversee expanded gaming at the county’s bill for another tribe with a land claim, the St. Regisfour pari-mutuel facilities. On Tuesday, county Mohawk Tribe, that would have involved a settlementof $100 million plus the right to build a ca-commissioners declined to pass emergency rulesfor slot machines, saying that for now, a pending sino in the Catskills. The Assembly passed thecourt appeal (see Executive Newsletter of June bill, but the Senate, seeking a bill for three land28 for details) makes it unnecessary for them to claim settlements to yield three Catskill casinos,act. Pari-mutuel operators in Broward welcomed would not settle for one casino deal. In light of thethe decision and made it clear that they are comfortablewaiting until there is clear legal authority will still try to use gaming compacts as currencyappeals court ruling, it remains to be seen if Patakifor slots and a regulatory structure in place. to settle land claims. Attorneys for the Cayugasare considering their appeals options.YONKERS BREAKS FOR CASINOYonkers Raceway now has officially closed itsdoors for renovations for four to five months whilework on the track’s $185 million constructionproject begins. Over the next 10 to 12 months,the raceway will add a food court with 300 seats, acoffee shop as well as a bar and entertainmentlounge. Yonkers will also be adding a 120,000square foot building that will house as many of theapproved 5,500 slot machines. It will take about ayear before Yonkers will be transformed into aracino.PAUL SPEARS HONOREDThe Pennsylvania House of Representatives hashonored Paul Spears, chairman of Hanover ShoeFarms and executive vice president of the StandardbredHorse Sales Company, for lifetimeachievements in representing the equine industryin the Keystone State. Spears has been instrumentalin most equine-related initiatives in Pennsylvania,most recently as a representative of Standardbredinterests in the drafting and passage ofthe Pennsylvania slot machine legislation. Spearswas introduced to the membership of the houseduring today’s legislative session and presentedwith a special House citation for serviceto Pennsylvania agriculture.
HARNESS TRACKS OF AMERICAExecutive NewsletterA daily fax and e-mail report on racing and gaming developments in North America and beyondStanley Paul J. Estok, F. Bergstein, Editor Editor July 1, 2005McCAIN AIMS AT INDIAN GAMINGCongress never intended for Indians to build Nevada-stylecasinos away from their reservations,and tribes risk a backlash by pursuing the trend,Sen. John McCain told the Senate Indian AffairsCommittee. The trend of tribes establishing offreservationcasinos has surfaced as Indian Gaminghas transformed in recent years from a relativelysmall industry into a huge one, generatingan estimated $18.5 billion in 2004, nearly doublethe take from Nevada’s gaming industry. McCainsaid after the hearing that he was still decidingwhether to introduce legislation to further restrictoff-reservation gaming.TRUE PROMOTED AT YOUBETYoubet.com, Inc. has announced that Jeff True hasbeen named a vice president of the company. Truewill continue to serve as Western Region GeneralManager for Youbet and will now oversee the promotionand promotion partner development programs.CHRB BACKS CHIP IDThe California Horse Racing Board instructedstaff on Thursday to develop a detailed plan for apilot program to add microchips to the methodsused to identify racehorses in California. Microchipsare used widely in 16 other countries and ona limited basis in some states, but if the CHRBsuccessfully implements program, California wouldbecome the first state to require microchip technologyfor the monitoring of racehorses. CHRBChairman John Harris said the intent of the Boardwould be to require, “at a date certain, that anyhorse participating in races in California has achip.” Dr. Ron Jensen, the Board’s equine medicaldirector, will be meeting with horse identifiers,stall superintendents, and others to develop t h epilot program, which could be funded bythe California Department of Food and Agriculture.PENN NATIONAL TO SELL CASINOPenn National Gaming announced this week thatis has agreed to sell the Argosy-Baton Rouge casinofor $150 million in cash upon the completionof its acquisition of Argosy Gaming Co. PennNational will sell the property to a unit of ColumbiaSussex Corp., a Fort Mitchell, Kentucky, hoteland casino operator.NYRA MONITOR GETS MORE TIMEA federal judge yesterday extended the time theNew York Racing Association will be under thewatchful eye of a court-appointed monitor. Yesterday,on the eve of the expiration of Getnick &Getnick’s 18-month oversight, Judge Arthur Spattextended the time NYRA will be under the purviewof the monitor to July 24, while at the sametime extending the deferred prosecution, which wasalso set to expire, until August 23. According toJim Odato’s report in the Albany Times Union,Getnick wrote to Spatt asking to extend themonitorship until the end of the Belmont meet andsaid he would recommend dismissal of chargesbrought against NYRA if he determines it has metthe terms of the deferred prosecution agreement.RED MILE RACING...Racing action returns to The Red Mile this weekendwhen the Lexington track opens for two daysof quarter horse racing this Saturday and Sunday.Last year The Red Mile’s abbreviated quarterhorse meet drew crowds of 10,000-12,000.NM LAW ALLOWS LONGER HOURSBeginning today, gamblers will be able to spendmore time in New Mexico’s casinos. A new statelaw will now let racetrack casinos stay open 18hours a day, but it won’t let casinos operate morethan 112 hours a week. Casinos must also spendat least a quarter of their income from gamblingmachines on programs to treat compulsivegamblers.
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2005 - Harness Tracks of America, Inc.

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