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, May 4, 2010DELAWARE LOSES COURT BIDThe United States Supreme Court has declinedto hear the state of Delaware’s request to consideroverturning a Philadelphia federal appealscourt ruling against expanded sports betting inits track racinos. Yesterday’s refusal dooms thestate’s case, and ends the controversy. It was thelast stop on the state’s effort to expand sportsbetting, and the high court had no comment onthe request, which was denied along with dozensof others coast to coast.The turndown means Delaware’s racinos will notbe able to expand sports betting to college football,basketball, NASCAR or baseball, accordingto the Wilmington News Journal’s delawareonline. The state also is prohibited from allowinggamblers to place bets on the outcome of singleNFL games. The parlay bets that were allowedduring the most recent NFL season brought thestate $1.6 million in revenue, but a huge chunkof that -- $611,000 -- was spent on fees to lawyers,some working at $500 an hour, defendingDelaware from lawsuits brought by major sportsleagues, and preparing appeals.Gov. Markell said he was disappointed but notsurprised by the high court’s refusal to hear thecase. “It is what it is,” he said, realizing that theSupreme Court takes only 100 out of 8,000 petitionsit receives each year. A University of Richmondprofessor of law, Carl Tobias, explainedthe refusal. “You could read into the decisionthat the justices are happy with the appeals courtdecision, but that’s not always the case. It justmight not have been something that was veryimportant to them.” Ed Suitor of Dover Downssaid the track had hoped that the court wouldfind that because Delaware had the right to beton other sports in the 1970s but chose not to doit, it might grant an appeal. He said sincethat didn’t happen, “We’re going to haveto make do with what we’ve got.”DERBY BIG AT BIG M, ITS OTBSSaturday’s betting on the Kentucky Derby producedrecord numbers at the Meadowlands’OTBs in Woodbridge and on New Jersey accountwagering. Woodbridge’s upscale teletheaterand dining facility on busy Route 1 in Fordshandled $944,966 on the Derby card, eclipsingthe old record of $893,804 bet on Derby Day lastyear. New Jersey account wagering passed themillion dollar mark in a single day for the firsttime, handling $1,042,328 on Saturday. Its previoushigh was $944,792 last year. The serviceprovides betting by Internet at www.4njbets.comand by phone to state residents. Total bettingon the Derby card across all New Jersey Sportsand Exposition Authority venues was $6,824,706Saturday.TIOGA’S PROGRAMS ONLINEProgressive Tioga Downs, in a bid to stay currentwith technology, has introduced a joint servicewith TrackMaster to provide its patrons withthe ability to download its past performanceprograms from home. Jason Settlemoir, thetrack’s innovative vice president of racing andsimulcasting, explained the rationale. “The costof getting the programs to off-site facilities to sellhas moved beyond a break-even venture. However,we don’t want to disregard customers thatcan’t get to the track to buy a program, so wethought this was a great alternative way of goingabout it for both parties.” Customers can logon to TrackMaster through links under the racingtab on the track’s Web site and download theprograms right to their computer at home for advancehandicapping. All major credit cards areaccepted on the TrackMaster site. Other newtechnologies incorporated into operations areFacebook Friday and MySpace Saturday, whereguests who are friends of Tioga on those socialnetworks can print coupons good for a freehot dog, soda and program at the track.