PAHBPA Swats Back at Presque Isle in Counterclaim Over ADW ‘Money Grab’

In an ongoing dispute over whether Presque Isle Downs (PID) has been steering on-track patrons to make bets through advance-deposit wager (ADW) platforms controlled by its corporate parent and then not counting those bets as on-track wagers that provide better revenue for purses, the Pennsylvania Horsemen's Benevolent and Protective Association (PAHBPA) swatted back in federal court with a Sept. 7 counterclaim to claw back at least $75,000 in disputed funds.

PID had fired the first salvo of litigation on June 24 in the form of a civil lawsuit that sought to block the PAHBPA's “unsupported allegations” from going to arbitration.

According to court documents, the horsemen and the track have been squabbling over this issue since February 2020, and went through 16 months of airing grievances via demand letters and committees without coming to a resolution. PID then took the matter to United States District Court (Eastern District of Pennsylvania) to try and block an attempt at arbitration.

Beyond the PHBPA's initial allegation that the purse account has been shorted at least $75,000 so far, any ruling in this case could be a precedent-setter that would determine how the betting revenue gets split moving forward.

PID's corporate parent is Churchill Downs, Inc., (CDI). The disputed on-track bets are allegedly getting steered to ADW platforms like TwinSpires that are controlled by another CDI-owned entity, the Churchill Downs Technology Initiatives Company (CDTIC).

Additionally, the PAHBPA had argued during the grievance process that the source market fee (derived from ADW bets made by in-state residents) that PID agreed to with CDTIC is too low in comparison to industry standards.

In its lawsuit, PID had countered that “PID does not own the majority of CDTIC. CDTIC is a separate legal entity from PID.”

The PAHBPA's Sept. 7 response and counterclaim states that “PID's purported declaratory judgment action is nothing more than an improper attempt to further delay resolution of PID's contractual breaches and cause PAHBPA to incur unnecessary legal costs and expenses.

“By way of further response, PID's ultimate parent, [CDI], through its subsidiaries, has employed similar tactics against horsemen's organizations like PAHBPA in other states. In any event, PID is not entitled to the declaratory judgment it seeks, as the underlying contractual disputes between PAHBPA and PID clearly fall within the scope of the arbitration language of the PID Live Racing Agreement…

“PID has breached and continues to breach the Live Racing Agreement, which breaches are the subject of the underlying claims PAHBPA has elected to submit to arbitration….PID has manufactured this 'controversy' over arbitrability out of whole cloth, and the complete lack of support for PID's strained positions indicates that PID's Complaint may have been filed for an improper purpose, particularly when viewed in the context in which PID commenced this action.”

The filing continues: “By way of example only, and upon information and belief, PID has purposely understaffed the wagering locations within the racetrack enclosure at Presque Isle Downs, thereby making it more difficult to place wagers within the racetrack enclosure and encouraging patrons to place wagers through PID's electronic wagering system instead.”

Back on June 24, PID's initial complaint stated that “PAHBPA's asserted allegations of breach are nothing more than a money grab without legal merit….PAHBPA's asserted allegations are an attempt to renegotiate through arbitration a long standing contractual provision, that with the benefit of hindsight and changed circumstances, they now disfavor.”

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Spanish Mission Enters Quarantine in Advance of Australian Targets

The well-traveled group winner Spanish Mission (Noble Mission {GB}) will enter quarantine on Thursday before traveling to Australia. His goals Down Under include the Oct. 16 G1 Carlton Draught Caulfield Cup and the Nov. 2 G1 Lexus Melbourne Cup. The May 2 Yorkshire Cup S. hero, who races for Team Valor LLC and Gary Barber, was last seen running second to Stradivarius (Ire) (Sea The Stars {Ire}) in the G2 Lonsdale Cup S. at York on Aug. 20. Trainer Andrew Balding is pleased with the 5-year-old entire and hopeful of a good showing Down Under. The bay also ran third in the Jun 17 G1 Gold Cup at Royal Ascot.

“He goes into quarantine in Newmarket–I couldn't be happier with him, he's come out of York great,” said Balding of his charge, who placed second in the Feb. 20 Red Sea Turf H. to open his season in Saudi Arabia before a fifth-place run in the G2 Dubai Gold Cup at Meydan on Mar. 27. “He's passed all his required veterinary checks and goes into two weeks' quarantine and then will be shipped to Australia for the Caulfield Cup and hopefully the Melbourne Cup as well.”

Balding added of the strict covid restrictions in Australia that will prevent him sending one of his staff, “It is a problem. Happily we've got a former employee who is working in Australia and has made himself available to ride the horse. We are working on the other details.”

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Stronach 5 Returns Friday With Four Turf Races From Gulfstream, Laurel

The Stronach 5, offering a low 12-percent takeout, returns Friday with the first four races in the sequence on the turf from Gulfstream Park and Laurel Park.

The Stronach 5 kicks off at 4:12 ET with Gulfstream's fifth races and concludes at approximately 5:45 with the third race at Golden Gate Fields.

The first leg of the Stronach 5 is a maiden special weight event at 7 ½ furlongs on Gulfstream's turf for 2-year-old fillies. Ocean Safari, a daughter of Temple City, will break from the rail. The filly makes her second start for trainer Gilberto Zerpa after finishing third by a neck in her debut July 31. Palmach, a daughter of Violence, makes her debut for trainer Mark Casse and jockey Edwin Gonzalez. Casse will also send out Keen Contender, third in her debut Aug. 6.

The Stronach 5 heads to Laurel for the second and third legs. Laurel's eighth race, a $48,000 allowance event at 5 ½ furlongs for 3-year-olds and up, drew a dozen including Town of Gold, who has placed first, second or third in five of six starts on the turf. Trained by Jorge Duarte Jr., Town of Gold, a son of Speightstown, was seventh at Monmouth under similar conditions last out after a six-month layoff. Prince Pere, who has placed first, second or third in four of five turf starts, goes out for Michael Merryman and jockey Sheldon Russell. Hard to Be Humble goes out first off the claim for Hugh McMahon.

Laurel's ninth race, the third leg of the sequence, is a claiming event at 5 ½ furlongs for 3, 4, and 5-year-old maidens. Fake I D drops a bit in class for Sarah Nagle while making his fourth start. Gambling Man, a 3-year-old son of Seville, makes his debut for Aimee Hall.

Gulfstream's seventh race, a mile turf event for 3-year-olds and up, is a competitive 10-horse field. Rocket Joe Copper, a five-time winner on the turf for Kathleen O'Connell, comes into the race off a 7-length victory over a sloppy main track. Sharm El Sheikh comes into the race off a victory over the turf for trainer Murat Sancal. Positive Phil won two consecutive races in May and June before finishing ninth in his last and being claimed by Alfredo Cazares.

The Stronach 5 concludes at Golden Gate Fields with the third race, a one-mile event for claimers 3 and up. Jonathan Wong sends out Drasario. The 4-year-old gelded son of Dragon Pulse hopes to break his maiden in his 15th start while drawing the rail.

Friday's races and sequence

Leg One –Gulfstream Race 5: (10 entries, 7 ½ furlongs turf) 4:12 ET, 1:12 PT
Leg Two –Laurel Race 8: (12 entries, 5 ½ furlongs turf) 4:20 ET, 1:20 PT
Leg Three –Laurel Race 9: (10 entries, 5 furlongs turf) 4:53 ET, 1:53 PT
Leg Four –Gulfstream Race 7: (10 entries, 5 ½ furlongs turf) 5:16 ET, 2:16 PT
Leg Five –Golden Gate Race 3: (8 entries, 1 mile) 5:45 ET, 2:45 PT

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Fans can watch and wager on the action at 1/ST.COM/BET as well as stream all the action in English and Spanish at LaurelPark.com, SantaAnita.com, GulfstreamPark.com, and GoldenGateFields.com.

The minimum wager on the multi-race, multi-track Stronach 5 is $1. If there are no tickets with five winners, the entire pool will be carried over to the next Friday.

If a change in racing surface is made after the wagering closes, each selection on any ticket will be considered a winning selection. If a betting interest is scratched, that selection will be substituted with the favorite in the win pool when wagering closes.

The Maryland Jockey Club serves as host of the Stronach 5.

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Breeders Can Pin Their Hopes on a Mighty Oak

The breeding of Thoroughbreds being such a notoriously long game, a dispersal as uncommon as this one offers the most privileged of short cuts. It's as though you can transplant an oak overnight from a mature plantation. Someone else has put in all the necessary, painstaking seasons, years, decades since the acorns were first sown.

So it's a given, absolutely, that the root-and-branch dismantling of Pin Oak Stud into the Lexington lumberyards next week–two dozen mares, fillies and weanlings at Fasig-Tipton on Sunday evening, with 14 yearlings to follow across town at Keeneland–will partly be so coveted simply because of the sheer span of time devoted to its cultivation by Josephine Abercrombie.

But if it is quite remarkable for a breeding program still flourishing in 2021 to have been in the same two hands since the 1950s, then it must be unique for even such longevity to remain secondary–in terms of making Pin Oak Stud what it is–to the flair of its supervision.

Very few human beings are favored both by nearly a full century of vigor, and the material resources to match. But fewer yet can say that they have maximized those twin benedictions as exhaustively as this woman whose true riches, and distinction, abide far deeper than worldly fortune. As it is, her vitality has been able to sustain so many parallel “biographies” that even 95 years seem inadequate to encompass their range. By now too familiar to require reprising, these include colorful careers in boxing promotion, saddlebreds, skiing and ballroom dancing; much philanthropic commitment, notably as founder of The Lexington School; not to mention five marriages–and five divorces! But nothing has ever surpassed the Thoroughbred in her affections.

“Ms. Abercrombie has certainly led an amazing life,” says her long-serving farm manager, Clifford Barry. “But you know what, she'd tell you this, this has been her real love all the way through: being here on the farm, and developing these horses. It was something she really cherished and really took hold of, something she never took for granted. She always felt that if she could bring that passion to it, every day, success would follow. And I know that riding round the farm now, admiring the property, she would wish her dad she could see what she has done here.”

That was Houston oilman J.S. Abercrombie, whose eureka moment came with the blowout preventer, since used on oil wells all round the world. He went into Harry Cameron's toolshop and sketched out his idea on the dirt flooring with a stick. That was the start of Cameron Iron Works, and everything that followed.

Father and daughter shared a love of horses, and a ranch was soon acquired in Texas. He loved pin oaks, and ordered a bunch of them to be planted around the property. Some time later a visitor from New York looked around and told him there wasn't one pin oak on the place. These were all water oaks!

There was more arboreal precision when it came to planting up new land in Kentucky. Josephine made her first yearling purchases in a partnership, including her father, way back in 1949. Three years later they bought 1,348 acres of Woodford County, subsequently birthplace of a series of elite performers including 1976 Preakness winner Elocutionist (Gallant Romeo). But even greater success would attend the development of a new, slightly smaller estate nearby, in the 1980s, with homebred Peaks And Valleys (Mt. Livermore) perhaps the turning point in becoming Canadian Horse of the Year–in the process qualifying Abercrombie as Thoroughbred Breeder of the Year in 1995. Many other decorations and awards have ensued, while the Pin Oak legacy was further secured by such influential sires as Sky Classic (Nijinsky) and Maria's Mon (Wavering Monarch), with two homebred stallions still operating in Broken Vow (Unbridled) and Alternation (Distorted Humor). Though a premature loss at 14, Maria's Mon managed to sire two Kentucky Derby winners in Monarchos and Super Saver.

Impossibly condensed, that's just a snapshot of the genetic duct opening to breeders in Lexington next week. And even though the farm had a commercial function, too, its presiding spirit was that every equine family finds its greatest value in basic racetrack quality.

“This kind of thing is very hard to find anymore,” Barry argues. “Ms. Abercrombie never, ever wavered from where she wanted to be with Pin Oak. It was all about how to produce the best product in the afternoons, and how to get the most out of those mares. She knows every quirk these families present, and how to breed them out. There have been plenty of harsh decisions, when you have to sell young fillies, but there's no doubt overall she has done an amazing job with a very small group of mares, really. It's not like we've had 100 or 200. She's always been very strict on numbers, and I think at any one time it was never much above 30 or 40.”

So what does the Pin Oak brand represent, for those hoping to tap into it now?

“Soundness,” says Barry. “And quality. And just, show up in the afternoon. You can just look at these mares: they were turf, they were dirt, they were short, they were long, but there's always durability in these families, and always great racing minds.”

There has, moreover, been a reciprocal stickability between the boss, known universally on the farm as “Ms. A.,” and her people. Barry has himself been at Pin Oak since 1988; nor has there been any inconstancy in the racetrack roster. Donnie Von Hemel has been training for Pin Oak for three decades, Graham Motion isn't far behind, while Mike Stidham ranks as a relative newcomer at around 15 years. That's a testament not just to Abercrombie's loyalty, but also to her belief that working with a family, generation by generation, helps horsemen to read the run of the genetic grain.

“Donnie Von Hemel had a 2-year-old filly win first time out at Remington last Friday,” Barry says. “She's by Broken Vow out of a homebred mare called Bedanken (Geri), who Donnie trained [to win 11 of 19 starts]. He was saying he had to go back and look up the mare afterwards just to refresh his memory on what she was like. Getting the feedback from those guys on a yearly basis, before you do matings, has always been a huge help. If you look, Ms. Abercrombie often has horses where she has bred three or four generations on both sides. There are very few operations like that nowadays, outside maybe a Coolmore or a Juddmonte, or the Wertheimer freres. I think that's an art that's gone from American breeding.”

Whatever the practical advantages of these recurring cycles, fidelity comes naturally between the Pin Oak owner and her staff.

“She was loyal enough to hire me at 24 years of age, and give a young guy a chance,” Barry notes. “We've got one member of our staff who is coming up to 50 years here. And that just gives you an idea of what Mrs. Abercrombie is about. She was never afraid to roll up her sleeves and get out on the farm. She pushed you to be the best you could be, every day. Not one day a week: every day. Once Mrs. Abercrombie puts her faith in you, you know you have very high standards to meet. She definitely expected no stone left unturned in the care of those horses. But I think in return she took care of the staff the very same way.

“She has such a love and passion for the game. And that has not faded one bit over the years, whether here on the farm or going to the races, whether good days or bad days–and there have been plenty of both. She's about as competitive a person as you could come across, but there'd never be a finger pointed. It would always be just, 'We got outrun today and we'll do better tomorrow.' So while it was always straight back to the grindstone, to see how we could do better, it made my life and job so much easier whenever I had to give the bad news. Because you never had to hesitate to tell it like it is. That's what she expected, and from the trainers too: tell it like it is, and keep moving forward.”

Poignantly, however, there will now be no more moving forward. Barry admits the unorthodoxy of dispersing mares and weanlings on the eve of the September Sale, rather than in November, but credits Boyd Browning, Bayne Welker and the rest of the Fasig-Tipton team for a convincing case that the concept would dovetail well, with so many people in town.

“Hopefully it gives us the chance to showcase some really nice mares and offer some reverence to what Mrs. Abercrombie has done in this game for 60 years,” Barry says. “It's an amazing opportunity for the marketplace, to get into these families. I mean, these don't just pop up every November Sale. You've got Gold Medal Dancer (Medaglia d'Oro) [in foal to Munnings, Hip 23], you've got Don't Leave Me (Lemon Drop Kid) [in foal to Authentic, Hip 18]. These are families that Mrs. Abercrombie has held very tightly these last 30 years, plus.”

As for the stallions: Alternation is still young enough to come up with another Serengeti Express, whether in Kentucky or elsewhere, and options are under review; at rising 25, however, Broken Vow has probably earned a place among the pensioned stock that will remain on the farm, guaranteed diligent care in the years left to them.

Barry, for his part, is not dwelling on his own future. He will keep his head down; keep going in to work for Mrs. Abercrombie, same as always.

“I think I'll be doing that tomorrow like I did today,” he says. “I made a promise a few years ago to do everything in my power to see this through to the end. Ms. Abercrombie has been awful good to me, and my family. Deep down, it's going to be tough to see some of these horses go. But nothing in life stays the same forever, so I want us all to go out and represent as best we can Pin Oak and everything Ms. Abercrombie has put into this game.

“She's about as hands-on an owner as you could ever come across: she's lived here on the farm and watched these horses every day of their lives. Going to the races in the afternoons, too, she has loved that. There hasn't been any part of this thing she missed, from the matings all the way to the racetrack. And she was still out on the farm with me yesterday afternoon, riding around [on the golfcart], and then we went in and watched the replay of the 2-year-old at Remington.”

Barry and his team have doubtless been usefully distracted by maintaining their usual, exacting standards in the preparation of the draft, before handing over to Denali Stud for the sale.

“It'll be a tough couple of days,” says Barry. “I'd be lying if I said we won't feel it deep in the pit in the stomach. But at the same time, we're here to do a job as professionally as we can. These are Ms. Abercrombie's wishes at this stage of her life, we're going to respect that and do everything we can to get it done right. She never does anything on the spur of the moment: she wants to be in control of her legacy, and we've known for a while that we were on a kind of wind-down, and would ultimately get to this point.

“Since the news broke, I guess we've had time to reflect on it a little more. But I don't think I can put into words what Mrs. Abercrombie has meant, let alone to me, to everyone on the farm. You know, she didn't inherit any of these mares. She has built this on her own, from the ground up, and we all know that's a very hard thing to do. So you're talking about somebody that has all the passion, all the patience, and all the perseverance that this game requires. It's been an amazing ride for Ms. Abercrombie, and an amazing ride for all of us–and I feel very, very blessed to have been just a cog in that wheel.”

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