Recently, the New York State Gaming Commission announced that it has promulgated final regulations governing the conduct of Out-of-Competition Testing in harness racing. In light of this announcement, the Empire State Harness Horsemen's Alliance (ESHHA), representing the interests of thousands of owners, trainers and drivers who regularly compete at harness tracks in New York State, wish to make clear its position regarding Out-of-Competition Testing. ESHHA affirms its position that Out-of-Competition Testing can be an effective tool among an arsenal of investigatory and enforcement devices utilized in the furtherance of integrity in racing. ESHHA's concerns are not grounded in the concept of testing horses who are not competing at a certain point in time but rather regulations that are not seen as effective in the fight to control medication abuse. The problem for harness horsemen is the unconstitutional, unscientific, often contradictory and overly broad scope employed by the Gaming Commission in its proposed conduct of the testing. The recently promulgated rules do nothing to ameliorate the potential overall harm to the industry which was contained in proposed regulations the Gaming Commission's predecessor, the New York State Racing and Wagering Board, attempted to implement in 2010. That compilation of introduced regulations was challenged by the industry in court, and while a trial level judge struck down the majority of the Racing Board's proposal, the Appellate Division, Third Department was less sympathetic to the horsemen’s concerns. The industry's concerns regarding that original introduction and the specifics of Out-of-Competition Testing in general, will now be heard by the state's highest court, the N.Y.S. Court of Appeals, with oral argument scheduled for mid-November. In sum, ESHHA will continue its attempts to work with the Gaming Commission to establish an Out-of-Competition protocol that is both rational and legal, and continue with equal fervor to resist attempts to implement rules with no basis in law or science. From the SOA of NY
On October 22, 2013, the New York State Court of Appeals, the state's highest court, agreed to hear the harness horsemen's appeal challenging the state's out-of-competition testing regulations. The court determined that the appeal was as a matter of right. In August 2011, a Supreme Court Justice in Schenectady, New York determined in Ford et al. v. The New York State Racing and Wagering Board that the regulations were unconstitutional, devoid of due process, were arbitrary and capricious and “so lacking in reason as to require nullification in their entirety.” In July 2013, the Appellate Division of State Supreme Court, sitting in Albany, reversed parts of the Schenectady judge's decision. The Court of Appeals will now issue the final ruling as to the legality and enforceability of the rules as they relate to Standardbred racing. Joseph Faraldo, President of the Standardbred Owners Association of New York, one of the petitioners in the lawsuit, commented, "Like the United States Supreme Court, New York's Court of Appeals hears only a very small fraction of the cases presented to it for appeal each year. We are heartened that the court will hear our arguments against the rules in 2014. From the time this process started several years ago, we have always maintained two things. One is that while we need rational and reasonable out-of-competition rules that catch and punish cheaters, we also need to ensure that the innocent are not ensnared in an indiscriminate dragnet. The other is that the rules promulgated over our strenuous and repeated objections are neither rational nor reasonable; are unconstitutional and, in some instances, would actually assist the cheaters to escape scrutiny and justice. We are confident that after our arguments are heard, the high court will reinstate the reasoned decision of the Schenectady Supreme Court." In addition to the Standardbred Owners Association of New York, the petitioners are USTA director Mark Ford, SOA director and USTA district chairman John Brennan, veteran horseman Richard Banca, Sr. and retired SOA executive director George Casale. The Petitioners have been represented throughout the proceedings by Andrew J. Turro, Esq. of the law firm Meyer, Suozzi, English & Klien, P.C. Submitted by the SOA of New York
The Empire State Harness Horsemen's Alliance group (ESHHA) has sent a letter of objection to John Googas of the New York State Racing Commission, protesting the implimenation of the proposed Commission regulations for harness racing in the state. To view the letter click below: https://mail.google.com/mail/u/2/?ui=2&ik=eae551e2fe&view=att&th=1419de8f60c7c0fd&attid=0.1&disp=safe&zw
When the Governor and the Legislature started discussing efforts last year to expand casino gaming in New York, the state's horse racing and agriculture communities immediately knew they needed to make their voices heard in the debate.
The 'loss leader' is a concept that has been used in business forever. Basically, a product is offered at a price that generates no profit for the sake of generating increased activity. So, if you make a million dollars in sales, but your production costs are a million, you really haven't accomplished a whole heck of a lot.
Passionate New York harness racing blogger and Harnesslink correspondent, Allan Schott believes Lou Pena's win in the New York Supreme Court on Wednesday can be best described as a temporary victory as the decision was not made on the merits of the case, but on technical issues.
It's been 279 days since controversial California harness racing trainer Lou Pena last lined up a horse on race-day. One day after being granted permission to train and own standardbreds again Pena is now seriously thinking about switching codes.
Controversial North American harness racing trainer Lou Pena can train and own racehorses again. The 44-year-old had his licence reinstated today (Wednesday February 27) by the New York Gaming Commission.
In an attempt to reach out directly to racing fans and gather information about their concerns, the New York Racing Fans Advisory Council conducted three public forums during 2012 at Aqueduct, Saratoga Race Course and Yonkers Raceway.
The New York State Racing and Wagering Board today announced the continuation of online video streaming of Thoroughbred and harness racing in New York state throughout the 2013 calendar year.
Controversial Californian harness racing trainer Lou Pena says he has nothing to fear except the egos of well paid men dressed in rich suits who work for the New York State Racing & Wagering Board.
A closer look at the eight New York Sire Stakes divisional leaders and their biggest threats in the harness racing $1.8 million Night of Champions at Yonkers Raceway September 22nd (third of eight parts).
'There are better days ahead. I feel really good about the hearing - confident even. It went well. I have a smile on my face now'. Those were the very words from controversial American harness racing trainer Lou Pena following his three-day trial in New York on Wednesday, Thursday and Friday of last week (August 29-31).
With New York's racetrack video lottery terminal operators looking to become full-blown casino destinations, a new player in the crowded market is asking regulators for the eighth and final harness racing racetrack license in the state.
Day one of the long awaited three-day hearing between the New York State Racing & Wagering Board and Californian harness racing trainer Lou Pena began in New York yesterday (Wednesday August 29).
A former United States Assemblyman and harness racing and galloping breeder Tim Gordon has been sacked from his $87,500 a year job. Tim Gordon, the leader of the Agriculture and New York Horse Breeding Development Fund was given the red card for alleged mismanagement, including hiring his friends.