More Ky Outfits to Winter at Turfway Despite Muted Purse Projections

Turfway Park, currently in the midst of being demolished and rebuilt under new corporate ownership, is projecting 2,400 applications for 900 stalls for the upcoming 52-date combined holiday, winter, and spring meets that will open Dec. 2.

But even though a larger-than-usual number of Kentucky racing outfits are expected to remain at Turfway for the winter instead of shipping out to warmer-climate race meets, track officials told members of the Kentucky Thoroughbred Development Fund (KTDF) advisory committee during an Oct. 6 video meeting that purse expectations should be tempered because of decreased earnings projections, the COVID-19 pandemic, and ongoing construction work that will leave the facility without a grandstand for the entirety of its winter/spring racing season that runs through March.

It was one year ago this week that Churchill Downs, Inc. (CDI), announced its agreement to buy Turfway and invest $200 million in acquisitions and reconstruction costs that include a new Tapeta synthetic racing surface, a new grandstand and clubhouse, and an off-site wagering facility 12 miles to the northeast in Newport that will house simulcasting and historical horse racing (HHR) gaming machines.

Tom Minneci, the senior director of finance at CDI, told the KTDF board Tuesday that “we’re trying to get as close as we can to what we offered last year” in daily average purses at Turfway.

That would put the baseline maiden special weight purses in the ballpark of $46,000-$48,000 per race.

But Bill Landes III, the chairman of the KTDF advisory committee, who represents the Kentucky Thoroughbred Owners and Breeders Association (KTOB) on the board, cautioned to journalists reporting on the meeting that “I don’t know how actively I would report on that number” until more precise financial figures and a condition book are provided by CDI and Turfway officials.

J. David Richardson, who also represents the KTOB on the KTDF advisory committee, noted that “if you just listen to the rumble…there’s a big feeling that this is going to be a lot different than last year,” with numerous outfits making plans to stay in Kentucky for the winter.

But, Richardson added, “I think there are some people whose expectations may be a little out of line with reality” considering all of the unknowns in the purse equation.

Minneci explained that “We are projecting lower earnings this year because of the funding [that Turfway received] last year from [CDI-owned] Derby City Gaming. But we will get funding from the new facility there in Newport. So the projected daily earnings are just under $41,000. Last year, with the funding from Derby City Gaming, the daily earnings were just north of $64,000.”

Turfway’s current balance of KTDF funding is zero, Minneci said. The track requested between $1.9 and $2.4 million from the KTDF, and the board unanimously approved that request to be recommended to the full Kentucky Horse Racing Commission (KHRC) for final approval at its Oct. 20 meeting.

The KTDF is funded by three-quarters of 1% of all money wagered on both live Thoroughbred races and HHR gaming, plus 2% of all money wagered on Thoroughbred races via inter-track wagering and whole-card simulcasting.

The KTDF board on Tuesday did not address last week’s Kentucky State Supreme Court opinion regarding the apparent illegality of HHR that got remanded back to a lower court. HHR in Kentucky raked in $2.2 billion in revenues during the most recent fiscal year, and that form of gaming contributes tens of millions of dollars annually to purses.

Nevertheless, Turfway general manager Chip Bach said his track is forging ahead with plans for the upcoming racing season. He outlined the timing of operations and disclosed a few tweaks that are in the pipeline to try and improve both the product and the amenities.

Turfway’s stabling opens Nov. 1, with training starting Nov. 3. The December “holiday” meet will consist of 13 programs, and Bach said Turfway has a request pending with the KHRC to switch its schedule from night racing on Wednesdays-Saturdays to nights on just Thursdays and Fridays and afternoons on Saturdays and Sundays.

The 39-date 2021 winter/spring meet picks up in January and will run through March (dates to be approved).

“Obviously, we will not have a grandstand,” Bach said. “We will have space for wagering…for the owners and trainers that come to see their horses run. But we will not have any public space available. And at the present we’re working on those temporary structures and systems to conduct a live race meet, [like] judges’ booths [and] photo-finish” facilities.

Bach added that, “We will be open at Newport Racing and Gaming, so we will have a [place to generate the] live handle” that helps to fund the KTDF.

“The Tapeta is in and ready to go,” Bach said. “There are a couple of things our maintenance team has to do in terms of turning it over every couple of weeks, but it’s ready to go right now. It’s beautiful. We’re excited. The Polytrack, of course, was worn out, and we’re really excited to see how this performs.”

Turfway, despite its name, has never had a turf course. But it CDI has designed plans to add an inner, seven-furlong dirt track at a later date if the gaming corporation wants to.

“As the new facility is being built, we are taking into consideration the ability to put a dirt track on the inside [of the Tapeta track],” Bach said. “I do not believe that is being contemplated for the first full year that we are open, but we will have the ability to create that dirt track. The lighting and all the electrical work is being designed to not only support the Tapeta one-mile track, but also a seven-eighths dirt track should we move forward with it.”

Marty Maline, the executive director of the Kentucky Horsemen’s Benevolent and Protective Association, said most outfits are looking forward to wintering at Turfway, although he added that some long-time stables from Ohio that have traditionally supported winter racing in Kentucky could be out of luck in terms of getting stalls.

“There’s a lot of excitement, A lot of people are deciding either to keep a string here or [stay] exclusively here,” Maline said. “I know some of those Belterra guys who have been there through thick and thin will probably be jettisoned off, I would imagine, because there are some very strong outfits that are contemplating staying all winter.”

Also at Tuesday’s KTDF board meeting, Minneci told the board that Churchill Downs is “hoping to have spectators here at the track, depending what happens with COVID-19 and positivity rates” during its 24-date, Oct. 25-Nov. 29 meet.

Ben Huffman, the director of racing at Churchill, said “I’m really close to finalizing the condition book, probably by [Tuesday] evening or [Wednesday]. We’re trying to get the MSW [purses] here for the fall meet somewhere between $80,000 and $85,000.”

The board unanimously approved $3 to $3.5 million in KTDF funding for Churchill’s fall meet, pending the subsequent finalization by the KHRC.

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Churchill To Pay Record Civil Penalty Of $2.79 Million For Clean Water Act Violations At Fair Grounds

On Tuesday, the U.S. Environmental Protection Agency (EPA) and the Department of Justice announced a settlement with the Churchill Downs Louisiana Horseracing Company LLC, d/b/a Fair Grounds Corporation (Fair Grounds) that will resolve years of Clean Water Act (CWA) violations at its New Orleans racetrack.

Under the settlement, Fair Grounds will eliminate unauthorized discharges of manure, urine and process wastewater through operational changes and construction projects at an estimated cost of $5,600,000.

The company also will pay a civil penalty of $2,790,000, the largest ever paid by a concentrated animal feeding operation in a CWA matter.

Overview of Company

Churchill Downs Louisiana Horseracing Company, LLC, d/b/a Fair Grounds Corporation (Fair Grounds) is a horse racing facility in New Orleans, Louisiana. The facility is one of Louisiana's oldest commercial horse racetracks and is located in an area surrounded by residential neighborhoods. The facility is a large concentrated animal feeding operation (CAFO) because it stables or confines more than 500 horses for at least 45 days a year. During a typical horse racing season, Fair Grounds stables as many as 1,800 horses or more at one time. The facility includes a 38.8-acre production area that includes stables, horse stall barns and receiving barns, horse wash racks, horse walkways, horse walkers, manure storage areas, and storage areas for raw materials. The facility also includes a one-mile dirt racetrack and a 7/8-mile turf racetrack, the infield area, the grandstand, the casino, and associated parking areas.

Fair Grounds was purchased by Churchill Downs, Inc. (CDI) in 2004. CDI is a Kentucky entity that operates a number of racetracks, casinos, and other gaming and entertainment entities in eleven states.

Violations

The United States' complaint alleges that Fair Grounds violated the Clean Water Act (CWA), including the terms and conditions of its Louisiana Pollutant Discharge Elimination System (LPDES) permit issued pursuant to Section 402 of the CWA. Specifically, the complaint alleges that, since at least 2012, Fair Grounds has regularly discharged untreated process wastewater into the New Orleans municipal separate storm sewer system (including the London Avenue Canal that is used for fishing), which then leads to Lake Pontchartrain, the Mississippi River, and ultimately to the Gulf of Mexico. Fair Grounds is permitted to discharge into the storm sewer system in significant rain events (i.e., when 10 inches of rain falls in 24 hours). However, unauthorized discharges have occurred during rain events as small as a half-inch of rain falling over 24 hours, as well as in dry weather, and would have continued to occur without this settlement. The complaint alleges that unauthorized discharges of horse wash water and other contaminated wastewater occurred more than 250 times between 2012 and 2018. The untreated process wastewater from the facility contains manure, urine, horse wash water, and other biological materials that are “pollutants” as defined by the CWA, the facility's permit, and the applicable EPA and Louisiana Department of Environmental Quality (LDEQ) regulations.

The complaint also alleges that Fair Grounds violated several other permit conditions, such as failure to comply with its Nutrient Management Plan, failure to submit discharge monitoring reports on time, failure to report discharges in annual reports, and failure to include all appropriate monitoring and reporting data for fecal coliform in quarterly reports.

In addition, this case is part of EPA's National Compliance Initiative for Reducing Significant Noncompliance with National Pollutant Discharge Elimination System Permits.

Injunctive Relief

As part of the settlement, Fair Grounds will implement best management practices and construction projects designed to eliminate unauthorized discharges and ensure compliance with its permit and the CWA. Fair Grounds will also perform site-specific sampling, monitoring and hydraulic modeling to help the company and EPA determine whether the remedial actions required by the consent decree are successful in eliminating unauthorized discharges. Furthermore, the proposed consent decree includes a provision requiring Fair Grounds to implement additional remedial measures if these measures do not successfully eliminate unauthorized discharges.

Pollutant Impacts

Pollutants associated with the discharges from this facility include nutrients (nitrogen and phosphorus), pathogens (bacteria), and organic enrichment (low dissolved oxygen), all of which contribute to water quality impairment in U.S. waters. Other potential environmental and human health risks include transmission of disease-causing bacteria and parasites associated with food and waterborne diseases, fish advisories, and algal blooms.

Health Effects and Environmental Benefits

The objective of the proposed CD is to eliminate the discharge of process wastewater to the New Orleans municipal separate storm sewer system, which ultimately leads to Lake Pontchartrain, the Mississippi River, and the Gulf of Mexico. As a result of the settlement, Fair Grounds' unauthorized discharges will no longer enter nearby waters, thereby benefitting the New Orleans' residents and the surrounding communities.

Civil Penalty

Fair Grounds will be required to pay a civil penalty of $2,790,000 within 30 days of the effective date of the CD.

Comment Period

The proposed settlement, lodged in the U.S. District Court for the Eastern District of Louisiana, is subject to a 30-day public comment period and final court approval. Information on submitting a comment is available at the Department of Justice.

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‘Long-Term, That Land Gets Sold’: Churchill CEO Casts Dark Future Over Arlington Park

Churchill Downs Inc. CEO Bill Carstanjen made headlines in Illinois on Thursday after comments about the CDI-owned Arlington Park during a quarterly earnings call with investors, reports the Chicago Daily Herald.

“The long-term solution is not Arlington Park. That land will have a higher and better purpose for something else at some point,” Carstanjen said. “But we want to work constructively with all of the constituencies in the market to see if there's an opportunity to move the license or otherwise change the circumstances so that racing can continue in Illinois. For us, we've been patient and thoughtful and constructive with the parties up in that jurisdiction, but long-term that land gets sold and that license will need to move if it's going to continue.”

Churchill declined the chance to pursue casino games at Arlington last year, despite having the opportunity to apply for a slots license at the Chicagoland track last year. Initially CDI had planned to conduct sports betting at Arlington, but now those operations in Illinois will be restricted to Rivers Casino.

The Illinois Thoroughbred Horsemen's Association released the following statement in response to Carstanjen's comments: “For Churchill's CEO to say preposterously that Churchill has been 'patient' with other stakeholders speaks to the height of Churchill's contempt for the elected officials and working families of Illinois. The very least that Churchill could do is be honest about its true intention: the company cares only about maximizing profit and is happy to sacrifice the spirit of Illinois law and the livelihood of working Illinoisans to serve its greed.”

Delayed first by the coronavirus pandemic and then by a contract dispute with the ITHA, Arlington began a 30-day meet without fans on July 23.

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Kentucky Derby Delay Causes $149 Million Loss For Churchill Downs

In Thursday's quarterly earnings call with investors, Churchill Downs' chief executive Bill Carstanjen explained that the decision to delay the 2020 Kentucky Derby and Kentucky Oaks to September cost CDI $149 million, reports the Courier-Journal.

“The Derby long term has not been damaged in any way, (but) we are going to do what's right by our customers and our sponsors,” Carstanjen said.

To that end, Churchill has stopped selling general admission tickets to the Sept. 5 Derby.

“We're still well under the capacity that we've discussed with the governor. But we've stopped (selling general admission tickets) anyway because we want to make sure first and foremost that when our customers come to the event, that they feel safe,” Carstanjen said.

Read more at the Courier-Journal.

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