Turf Paradise, Arizona HBPA Agree To 84-Day Meet In 2021

Turf Paradise and the Arizona Horsemen's Benevolent and Protective Association (AZHBPA) have agreed to resume live racing at the Phoenix-based oval with an 84-day meeting running from Jan. 2 through May 1, 2021.

The meet will run on a five-day a week schedule, Saturday thru Wednesday. Horsemen can arrive Nov. 19 for stall preparations and then bring horses into the stable area Nov. 25. Training will begin Dec. 2.

Following months of negotiations between the AZHBPA and Turf Paradise management, following a March 14 cancellation of the live meet in progress due to the Coronavirus, the two sides were able to craft a 26-point agreement. The forum for on-going discussions between the two sides was provided by Rudy Casillas, the Director for the Division of Racing, the state's regulatory body for the sport.

In a letter penned by Casillas and addressed to Bob Hutton, President of the AZHBPA and Jerry Simms, the owner of Turf Paradise, he said: “Many thanks to both of you for finally reaching terms to allow for the racing industry to move forward. The Licensees and horseracing patrons will be pleased.”

“The AZHBPA is all about live racing,” said Hutton. “The AZHBPA is enthusiastic to help provide the opportunity for horsemen to race close to home and be with their families. Racing close to home will help eliminate unnecessary travel expenses and financial anxiety for our members.”

“We're happy for our horsemen that they're going to be racing,” said Simms. “Unfortunately we still have to deal with Covid-19, and we will. We thank Rudy Casillas for bringing us together and getting this done.”

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Turf Paradise 2021 Winter/Spring Meet Edges Closer to Reality

With both Turf Paradise and Arizona Horsemen’s Benevolent and Protective Association (AZHBPA) representatives telling the Arizona Racing Commission (AZRC) Thursday that they are now close to agreeing on a contract for an 84-date, Jan. 2-May 1 race meet, AZRC chairman Rory Goree indicated that the commission stands ready to approve the dates request, which has already been submitted to the board but was not placed on the agenda for a vote at the Oct. 8 video meeting.

Approval could come via a special AZRC session that might get scheduled before the next monthly commission meeting Nov. 12.

“The primary question is ‘Can we be ready?'” Turf Paradise general manager Vincent Francia asked rhetorically during his presentation before the commissioners. “Yes. I know exactly what has to be done, and I have the staff here to get it done before the horses get here on Dec. 2.”

Leroy Gessmann, who serves as both the AZHBPA executive director and the National HBPA president, also expressed optimism. “We’re hoping soon some things will be resolved,” he said. “Hopefully we’re close, and we get this wrapped up soon.”

Goree said he was well aware that Turf Paradise management wanted the 2021 winter/spring dates request to be voted on during Thursday’s meeting, but he explained commissioners didn’t want to be put in a position of voting on any race meet until a contract has been inked.

“Yes, I did see the dates come before us to be put on the agenda,” Goree said. “[But] we don’t want them on the agenda until we know we have an agreement between [Turf Paradise] and the HBPA. Then that way we know we’re approving something that everyone’s finally in agreement on,”

Added Francia: “It will come as no surprise I’d like to request a special session as soon as possible once those dates are ready to go before the commission, because I’m running out of time. It’s not on my side right now.”

The newfound spirit of cooperation between the AZHBPA and Turf Paradise stands in sharp contrast to the acrimony-tinged AZRC meeting on Sept. 10, at which members of the state’s racing community railed at Turf Paradise management and desperately implored the AZRC to take some form of action so that live racing can get back up and running in Arizona-even if that meant transferring Turf Paradise’s customary block of dates to competitor Arizona Downs.

Turf Paradise ended its spring meet prematurely Mar. 14 as the COVID-19 pandemic swept the nation. In August, Turf Paradise withdrew its dates request for a traditional 2020-21 autumn-to-spring meet, citing liability concerns related to COVID-19. In between, the Arizona Downs summer meet never ran because local health officials would not extend permission to reopen under pandemic conditions.

Beyond the pandemic, a prolonged fight over off-track betting (OTB) privileges, simulcast signals, and how the horsemen’s purse money can be used has been batted back and forth in the courts, in the press, and during commission meetings, clouding the future of the state’s two commercial tracks.

Francia said Turf Paradise would have a two-phase approach to getting the idle plant ready for reopening. The barn area, frontside, main dirt track, and turf course all need to be put back in order. Simultaneously, all of those common areas need to be refurbished with COVID-19 safeguards in place, like those at every other track in the nation that has resumed racing during the pandemic.

One bone of AZHBPA contention that has consistently come up since Turf Paradise shut down seven months ago is that track management has allegedly sold off equipment that is essential to operating a race meet. Goree asked Francia directly what impact that might have on safely operating the facility.

“No impact whatsoever,” Francia said, although he did not detail what actually has been sold. “That equipment has nothing to do with the essential [things needed] to run a race meet. Francia then listed examples-tractors, harrows, water trucks, ambulances-of equipment that remains “on-site here at Turf. None of the essential equipment has been sold.”

Francia continued, focusing on the negotiations: “We are very close to working out all terms of agreement. We will probably continue our discussions after this commission meeting to try to finalize the last few minor things that are sticking points. But we’ve made a lot of progress, and I’m quite confident that we’re going to get this completed.”

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View From The Eighth Pole: The Skunk In Arizona Racing

“You don't get in a pissing match with a skunk.”

Those words were first conveyed to me in the mid-1970s when I was dealing with a political operative in Washington, D.C., who wasn't happy with something written by a newspaper columnist nationally syndicated by the company for which I was working.

While that may be good advice, sometimes you just can't avoid confrontations with skunks.

One example came from a recent letter from Turf Paradise general manager Vincent Francia to horsemen who race at the Phoenix, Ariz. track.

The letter, likely dictated to Francia by Turf Paradise owner Jerry Simms, was both delusional and insulting. It said, in essence, if you want us to open Turf Paradise for an abbreviated race meeting in 2021, you'll have to find another organization besides the Arizona Horsemen's Benevolent and Protective Association to represent you. Either that, or the current board and executive director of the Arizona HBPA can resign, and then we'll consider opening for a live meet in January.

“Simms is trying to do the same thing with the horsemen that he did with the racing commission a while ago: divide and conquer,” said Robert Hutton, president of the Arizona HBPA. “His move to get rid of the HBPA is because he doesn't want anyone holding him to a standard.”

Simms and Francia are upset that Hutton and the Arizona HBPA took control of $2.1 million in the purse account generated primarily from Simms-controlled off-track betting facilities from the time live racing at Turf Paradise abruptly ended last March and horsemen were given short notice to leave the stable area.

“We were well within our rights,” Hutton said. “We want to take the purse money and give it to anyone who wants to run a live race meet in the state.”

The move came after Turf Paradise told the Arizona Racing Commission in August that it wouldn't be possible to run a 2020-'21 race meeting because of the COVID-19 pandemic. Virtually every other track in the country has been able to meet the challenge of the pandemic and operate with or without fans on-site.

Turf Paradise said it wanted to hold the horsemen's purse money for a meeting at some time in the future. Never mind the short-term pain having no 2021 meet would inflict on horsepeople who have supported Turf Paradise for years or decades.

According to Hutton, Francia and Simms simply may be trying to buy time and keep churning profits out of their OTB network – which he said can only operate if there is live racing.

“No live racing, no OTBs. That's the law,” Hutton said. “In his settlement agreement with us in March, one of the things we agreed to was he (Simms) could have OTB signals until the end of the year. We're willing to stick to that, but that date is fast approaching.”

In response to Francia's Sept. 17 letter to horsemen, Hutton issued one of his own on behalf of the Arizona HBPA the following day

In it, he calls Francia's bluff and agrees to a January-May race meet on the following conditions:

  • That Simms “respect the horsemen's choice of representation and refrain from your attempt to tell us, the horsemen, who we can have as our representatives. Respect us, our choices, our leadership, our solidarity, and our industry.”
  • That Simms “honor the arbitration agreement and allow the AHBPA control of the horsemen's purse account (with the understanding that it will be used for purses during Turf Paradise's live meet). Additionally, reimburse AHBPA purse money from March 2020, when you killed the contract, to present, what the state law requires: 50% of the OTB revenue, when a contract is not in place.”
  • “The track must be safe for horses and people. Right now, the main track, the turf track and the training track are not fit to run on. The back side is full of trenches, power boxes with wires exposed, and the roads and bridle path are in terrible condition. The barns are, as always, dilapidated. And the clubhouse is uninhabitable. No doubt, to meet this condition, a safety inspection will be required.”

Hutton then added: “As an aside, the condition of your facility and grounds gives us pause as to the genuineness of your proposal. Could it be that you are simply after an AHBPA that you can control so that you will be able to collect revenues from OTBs without live racing and secure approvals for importing the signal without live racing, as you are now? If that is the case, then we will have racing on your terms which is no racing at all. Which would violate state law, and we would be forced to have the Commission regulate compliance.”

There is a skunk involved in Arizona racing, for sure, but it's not the horsemen who started this pissing match.

That's my view from the eighth pole.

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AZHBPA to Turf Paradise Racing Proposal: We’ve Conditions Too

The Arizona Horsemen’s Benevolent and Protective Association (AZHBPA) would be amenable to Turf Paradise’s latest proposal to conduct a live 2020-21 race meet as long as certain conditions of their own are met, according to a letter written by AZHBPA president Bob Hutton dated Friday and obtained by the TDN.

“Because we are the heart and soul of horse racing in Arizona, we offer you all we have to help make Turf Paradise the venue for racing it can be and once was,” Hutton wrote, pointing to the horsemen’s horses, approval rights for signals and purse money. However, “there are conditions,” he added, arguing that the condition of the facility and grounds “gives us pause as to the genuineness of your proposal.”

The letter is in response to a missive Turf Paradise sent to the horsemen Thursday, detailing a proposed live meet next year that will run Jan. 2 through May 1.

For that proposed meet to go ahead, however, Turf Paradise management listed in the letter a number of caveats, namely that $2.1 million of disputed purse account monies be returned to Turf Paradise, and that the Arizona horsemen form a new representative organization or for the current AZHBPA board members and their executive director to resign.

These purse account funds have been the latest bone of contention in a long-running dispute between Arizona horsemen and management of Turf Paradise. Track general manager Vince Francia previously told the TDN that these funds contractually belong to Turf Paradise for the horsemen that race there.

The horsemen, however, argue that they ultimately wield control over the purse account, as per a prior arbitrated settlement. Indeed, earlier this week a widely circulated email stated that the AZHBPA has secured a good chunk of this money and placed it into a trust to pay purses if and when racing resumes elsewhere.

Francia told the TDN that he has advised facility owner Jerry Simms that the AZHBPA’s written rebuttal is an “olive branch” to conduct negotiations, and that all conditions are on the table.

The main conditions outlined in the AZHBPA’s Friday response are as follows:

“The first condition is that you, Mr. Simms [Turf Paradise owner], respect the Horsemen’s choice of representation and refrain from your attempt to tell us, the Horsemen, who we can have as our representatives. Respect us, our choices, our leadership, our solidarity, and our industry.

“Here is the second condition: Honor the arbitration agreement and allow the AHBPA control of the horsemen’s purse account, (with the understanding that it will be used for purses during Turf Paradise’s live meet). Additionally, reimburse AHBPA purse money from March 2020, when you killed the contract, to present, what the state law requires: 50% of the OTB revenue, when a contract is not in place.

“This takes us to the third condition: The track must be safe for the horses and people. Right now, the main track, the turf track and the training track are not fit to run on. The backside is full of trenches, power boxes with wires exposed, and the roads and bridle path are in terrible condition. The barns are, as always, dilapidated. And the clubhouse is uninhabitable. No doubt, to meet this condition, a safety inspection will be required.

“If you meet these conditions, we will fully engage in arriving at a new contract. Suffice to say, efforts have been made to resolve our differences, but when you remove the AHBPA from our mutual account so that we, the Horsemen, cannot access our own purse funds, that should have been the end of our efforts to revitalize racing at our venue. Yet, here we are, offering to race again. Join us by respecting our choices and the laws that govern our industry. Then, both being reasonable, we can enter into a new contract.”

The AZHBPA’s latest overture, said Francia, is a “positive” one. “Mr. Hutton is offering an olive branch to discuss everything, including the two terms that we put forth. Something we both want is to have live racing reactivated here the day after New Year,” he said.

“I hope there’s resolution for both of our sides,” Francia added, “because it effects the livelihood of thousands of people in an industry that has a very ingrained attachment to this state. There’s 65 years of memories here.”

Francia also struck a more personal note. “When all this is said and done, I grieve the loss of friendship with Bob Hutton. We were good friends, we enjoyed each other’s company,” he said. “But that friendship has unfortunately been lost. And I understand.”

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