HARNESS TRACKS OF AMERICA Executive Newsletter

HARNESS TRACKS OF AMERICAExecutive NewsletterA daily fax and e-mail report on racing and gaming developments in North America and beyondStanley F. Bergstein, EditorTuesday, August 24, 2010NJ POLL BACKS RACINGA Quinnipiac University poll of 1,190voters shows a majority in favor of NewJersey keeping racing alive. The pollshows 44% in favor of racing being maintainedand supported, 39% opposed, and16% undecided. The narrow margin inthe Aug. 9-17 period indicates a need forsome strong public relations work by racinginterests in the state.NEW BATTLE OF GETTYSBURGForces favoring a Penn National-operatedcasino a half mile from the historicbloodiest battlefield of the Civil Wargained ground and lost some last week.The Gettysburg Battlefield PreservationAssociation announced its support of theproject to be built on the site of an existingconference center half a mile from thebattlefield, but the national commanderof the American Legion opposed it, callingit “a national disgrace.” The head ofthe Legion’s Gettysburg post, RichardBaumgardner, told the Gettysburg Timesthat his post was never consulted, that itremained neutral in the battle, and thatthe national commander, Clarence E. Hill,“has no idea what he’s talking about.”The proposal, one of four being considered,calls for 600 slots and 50 gamingtables in a “resort casino.” Further west,the famed Nemacolin Woodlands Resort,built some 50 miles from Pittsburgh byJoe Hardy, former harness racingowner and owner of 84 Lumber,also is seeking the gaming license.BETFAIR IN CALIFORNIA?Legislation to raise takeout rates, supportedby tracks and horsemen, has been introducedin the state legislature. Althoughwithout much fanfare, the bill -- AB 2414-- also would allow exchange betting inthe state, and naturally has the supportof the giant Betfair. That English-basedbetting exchange already has establisheda strong California presence with its acquisitionof TVG, the all-racing televisionnetwork. The current legislative sessionadjourns at the end of this month, and itis not clear whether the legislation will beconsidered before adjournment.BATTLE FOR EMPIRE, TOOJoseph Bernstein who walked away witha $7 million settlement when ousted asCEO last year, now threatens “a billiondollar class action lawsuit,” indirectly involvingGenting Malaysia, parent of thewinner of the Aqueduct racino contract.Bernstein says two Empire directors, Michael(Mickey) Brown and Au Fook Yew(also known as Colin Au), conspired withKien Huat Realty, a Genting operation, inhelping Genting win the New York franchise.Bernstein wrote to Au, saying theywould bury Empire’s stock through theiractions, and end up with years of classaction lawsuits. His solution? Brownand Au should resign as directors and letBernstein and Louis Capelli, known forhis Concord fiasco, take over Monticelloand become Genting participants atAqueduct.