Commissioner McCauley Resigns From Illinois Racing Board; Quorum No Longer In Place

Commissioner Tom McCauley has issued his resignation from the Illinois Racing Board, citing “personal reasons,” reports bloodhorse.com. The Board now has just five members remaining, one shy of the quorum necessary to conduct official business like the approval of racing dates for 2021.

According to executive director Domenic DiCera, the Illinois Governor and Senate are working to appoint replacement members, and McCauley will be missed “tremendously” by the IRB.

“Tom has been a huge support mechanism for the management team, both because of his depth of knowledge and history but because of the person he is,” DiCera told bloodhorse.com. “His racing knowledge and his character is off the charts.

“He was a source to go to when we needed any type of interpretation or background.”

Read more at bloodhorse.com.

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Influential Illinois Racing Commissioner Resigns

Commissioner Thomas McCauley, who volunteered his time to play a major role in mediating the recently contentious contract negotiations between Arlington International Racecourse and the Illinois Thoroughbred Horsemen’s Association (ITHA), abruptly resigned from the Illinois Racing Board (IRB) “effective immediately” on Sep. 4.

No reason was cited for McCauley’s sudden departure, which was announced in an IRB press release late Friday afternoon on the cusp of the Labor Day holiday weekend.

McCauley, an attorney who specializes in gaming law and regulatory compliance counsel as a partner at the Chicago-based Nisen & Elliott, LLC, was frequently the only member of the IRB to ask direct, pointed questions of racing industry stakeholders at IRB meetings. He served two stints on the IRB, first in 2014 and again starting in 2017.

McCauley was especially blunt over the past year in repeatedly grilling executives from Arlington and its corporate parent, Churchill Downs, Inc., (CDI). At an IRB meeting last September, he chastised CDI for lacking “any regard for social responsibility whatsoever” after the gaming corporation intentionally missed a deadline to apply for gaming licensure after a decade of working with the ITHA to get a state law passed to attain that privilege.

IRB Chairman Dan Beiser said in the release that “The Illinois horse racing industry has benefitted immensely from Tom’s service over the years and will definitely miss his valuable input.”

Commissioner Arlene Mulder, whose term on the IRB recently expired, was not reappointed, the IRB release also noted.

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Arlington Contract Finally Inked, New Controversy Erupts Over Hawthorne Stabling

The long-overdue contract between Arlington International Race Course and the Illinois Thoroughbred Horsemen’s Association (ITHA) was inked just minutes before a 9 a.m. Monday Illinois Racing Board (IRB) meeting, enabling racing commissioners to finally approve a 30-date summer season at the suburban Chicago track that will run July 23 through Sep. 26.

Racing will be conducted Thursdays through Saturdays, with no open stakes races in 2020, including the track’s signature event, the GI Arlington Million. TDN requested purse level specifics from ITHA representatives, but received no response prior to deadline for this story.

By state law, the contract was supposed to have been submitted to the IRB prior to Jan. 1. Acrimonious negotiations delayed the process for months, then the COVID-19 pandemic hit, forcing talks beyond what was supposed to have been a May 1 opening for Arlington.

In the month of June alone, the IRB met four times to vote upon the issue. But each time the agenda item had to be put on hold as the two sides squabbled over details that included how many years the agreement would be for, the daily average purse levels, projections for a 2021 meet, and what might happen in the event of another pandemic or force majeure problem that halts racing.

Monday’s IRB meeting was actually a continuation of one that started last Thursday, got recessed into Friday, and then was delayed again over the weekend as the two sides scrambled to come to terms and to also resolve an editing mistake that resulted in several rounds of changes to the contract being lost.

David McCaffrey, the ITHA’s  executive director, told TDN in a post-meeting email that the contract is a two-year deal covering 2020 and 2021.

“Next year, I guess, after hearing the testimony of the IRB today, is a bit up in the air,” McCaffrey wrote. “There was a presumption of 65 race days next year, but that may or may not happen. Stakes races [in 2021] will only be funded from the purse account if certain amounts of overnight purse money is generated.”

Following the unanimous vote to award the 2020 dates, IRB commissioners, an Arlington executive, and members of the ITHA took turns thanking and lauding each other for persevering to get a deal done.

“We had our bumps–more than bumps,” Arlington president Tony Petrillo acknowledged.

“If that was his definition of bumps, I’d like to know what an explosion was,” McCaffrey said during the meeting. “But all is well that ends well.”

Yet the newfound calm on the Chicago racing circuit lasted only moments before an entirely different controversy erupted.

The next item on the agenda seemed perfunctory: It was a measure to assign dark-date simulcasting host status to Arlington that had occurred as a result of the track’s previous request to suspend the start of the 2020 meet.

But before commissioners could vote on that item, John Walsh, the assistant general manager of Hawthorne Racecourse, was granted time to speak. He told the IRB that in light of Hawthorne agreeing to keep its backstretch open to stable 194 horses that otherwise would have resided at Arlington, Hawthorne wanted either some form of financial compensation or the granting of dark-date simulcast hosting status until Arlington starts running live to make up for incurring that expense.

“We’ve had our backside open for three months while Arlington did not have theirs open, at a cost of $239,000 per month,” Walsh said. “So to start our [Oct. 2] fall meet, we’ve got four days of purse money that we received, and that is not enough to sustain a fall meet.”

He added that purses, based on the money that has accrued so far, could sink to as low as $60,000 daily.

“This is the last chance [for the IRB] to equalize what’s happened because of COVID virus,” Walsh said.

Petrillo took umbrage with Walsh’s request, and over the course of the next hour during testy back-and-forth dialogue among stakeholders, he enumerated reasons why he felt Hawthorne’s request was out of line.

Petrillo cited circumstances beyond Arlington’s control that prevented its own stabling area from opening, noting that Hawthorne gave those horses a home “upon their own free will.” He cited the pandemic-related stabling costs in other states incurred by Arlington’s parent company, Churchill Downs Inc. (CDI), “that will eventually hit our bottom line.” He doubted the veracity of Hawthorne’s financial figures, and threatened that changing host status would invite a legal challenge from CDI. And he suggested that instead of the IRB mandating a solution, the two tracks could sit down and “try to pound out a 2021 race meet agreement” to settle the stabling cost differences because “we’ve always been fair in that process.”

Walsh countered by saying, “I don’t believe that there will be any change in next year’s agreement between Arlington and Hawthorne, because I don’t know that we can have an agreement after their actions this year toward the industry.”

Petrillo said “We don’t need any further distractions for moving forward with racing…. Talking about repayment or reparations for damages due to the COVID-19 virus to Hawthorne is just ludicrous.”

Petrillo continued, “Any adjustments…are just going to cause a purse cut here at Arlington. We’ve already lost $5 million. We’re already going to spend another $450,000 to open up our backstretch because of the COVID-19 pandemic….And that has shown our commitment to racing. In addition, I would bet that if you look at the bottom line of each racetrack at the end of the year, Arlington will lose more money than both meets at Hawthorne combined.”

Walsh said that if the IRB granted even 15 dark-host dates to Hawthorne instead of Arlington, the difference would be about $200,000, which he said meant more to the smaller, family-owned Hawthorne than the corporate-backed Arlington. He suggested another alternative could be for Arlington to make a similar-sized payment directly to Hawthorne as a “thank you” for stabling horses that otherwise might have left the state.

Petrillo said based on Walsh’s math, that means average purses at Arlington would drop by about $7,500 per day.

“Just to all the horsemen out there, this clearly puts our meet in jeopardy,” Petrillo said. “To penalize the horsemen that are waiting at our gates, that, to me, is not in the best interest of anyone.”

Commissioners seemed to sympathize with Hawthorne’s argument, but didn’t know how to address it. They discussed alternate methods of funding, and there were periods of silence on the teleconference when IRB chairman Daniel Beiser asked if any board members wanted to take action on the agenda item.

“I know we don’t have a pile of money that we’re sitting on that we can just throw all at once,” Beiser said. “I don’t think anyone would disagree that they’ve incurred expenses that no one could have foreseen.”

IRB commissioner Marcus Davis moved to assign 15 dates of dark-host status to Hawthorne, but the motion was not seconded.

Beiser then recessed the meeting. When it resumed 38 minutes later, additional testimony was heard. Then the board moved to award the dark-date hosting status to Arlington, as the item originally appeared on the agenda. That vote passed, 5-1.

IRB commissioner Thomas McCauley, who cast the lone dissenting vote, closed the meeting by acknowledging that Hawthorne should be due some sort of future consideration.

“In effect, they took on a burden that would have been Arlington’s in both the direct cost and overhead of keeping the backstretch open, which [was a] huge benefit [to] Illinois horsemen,” McCauley said. “I’m not going to forget the contribution that Hawthorne has made. I urge that my colleagues remember it as well, and that we put our heads together with staff to figure out a way to basically honor what they did for the horsemen and other parties.”

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After Weeks Of Negotiation, Arlington Park, Horsemen Come To Agreement For 2020 Meet

Live racing at Arlington Park in Arlington Heights, Il. will begin on July 23, as approved by the Illinois Racing Board during a special teleconference meeting on Monday.

That approval was held up by contract negotiations between Arlington representatives and the Illinois Thoroughbred Horsemen's Association, with the two sides close to an agreement several times over the past two weeks. The main sticking point had been the length of the contract; Arlington wanted a two-year deal, while the ITHA wanted to keep it to a single year.

After multiple rescheduled meetings of the IRB, the parties finally came to an agreement and signed a contract shortly before Monday's teleconference call. Live racing will begin at Arlington on July 23 without spectators, and racing a total of 30 race days on Thursdays, Fridays, and Saturdays with daily post times of 2 p.m. or 2:30 p.m.

The Arlington Million will not be held in 2020.

On Monday's call, a recess of the meeting had to be called after Hawthorne Race Course's assistant general manager John Walsh suggested his track be awarded some dark host days, and the ensuing conversation became heated.

“Dark host days” award an increased portion of revenues collected from off-track betting on days without live racing. Walsh made the argument that Hawthorne had incurred costs of approximately $239,000 per month for the three months its backside was open while Arlington Park's remained closed, allowing horsemen to have a place to stable their horses during the pandemic.

Arlington representatives balked at the idea, arguing that reassigning dark host days would put the Arlington meet in jeopardy due to having to reassess purse money.

Following the 30-minute recess, a motion for Hawthorne to receive some of Arlington's dark host days was defeated 5-1. The motion to approve the existing Arlington Park/ITHA agreement then passed unanimously.

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