‘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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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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Yet Another Blown Arlington Deadline as Chaos Consumes Last-Ditch Negotiations

For the second consecutive day–and for the fourth time in two weeks–the Illinois Racing Board (IRB) on Friday had to put off voting on the fate of the nearly two-month overdue 2020 season at Arlington International Race Course.

That’s because the track and the Illinois Thoroughbred Horsemen’s Association (ITHA) still can’t come to terms on a signed contract for the meet, which is a requirement before the commission can award race dates.

What has been a tense negotiating process for the better part of nine months (with four blown IRB-mandated deadlines this June alone) devolved into a new realm of chaos during the June 19 teleconference: Arlington sent its version of a final, signed contract to the ITHA during–not before–Friday’s IRB meeting to approve the deal.

Then when the ITHA’s legal team scrambled to get a first read of that document during a hastily called recess, they realized that sometime during frenzied back-and-forth rounds of editing over the last 24 hours, different versions of the deal had gotten mixed up, making it difficult to know whether issues important to both sides got incorporated into the near-final version.

“So now we’re totally at odds, like, ‘Holy cow, what’s going on here?'” Kerry Lavelle, an attorney for the ITHA, told the IRB after discovering the botched documents. “You can see while scratching your head [how] the veracity of the whole process starts to break down, because we don’t know what’s going on.”

IRB chairman Daniel Beiser didn’t want to hear the details about the mix-up. He again recessed the meeting–which technically began on Thursday and had already been carried over to Friday–until Monday at 9 a.m. Central, at which time he vowed that the board would “one way or another come to conclusion on this item.”

But will the new Monday deadline be for real? Beiser had used nearly verbatim language on Thursday when the gave the ultimatum that Friday would be the absolute latest that the IRB would “finally dispose of this matter one way or the other.”

Arlington and the horsemen’s group two sides have been sparring since last October over crafting this deal. By contrast, the ITHA claimed back in January that its 2020 race-meet contract negotiations with nearby Hawthorne Racecourse took only one hour to complete.

Talks lagged through early spring, then the COVID-19 pandemic disrupted the world. Arlington’s previously scheduled May 1 opening date came and went without any horses being allowed to stable at suburban Chicago’s premier track.

As Illinois emerged from the health lockdown, both parties realized time was running out on the prospects for a 2020 racing season. An IRB meeting to award dates on June 5 resulted in mandated weekend-long negotiations mediated by the IRB. But when that meeting resumed June 8, the two sides could still not come to terms on a contract.

On June 17 there appeared to be a breakthrough just in time for the IRB’s meeting the next day, at which the Arlington dates were again on the agenda: The track issued a notice on Twitter Wednesday afternoon announcing that the two sides had reached a “tentative” deal for both 2020 and 2021 racing. According to the post, the 30-date 2020 meet would run July 23-Sep. 30. Additional reports said the two parties had agreed there would be no stakes program in 2020, including the track’s signature race, the GI Arlington Million.

But the deal did not materialize in time for Thursday’s IRB meeting, so a recess was granted until Friday in yet another last-ditch attempt to break the deadlock. There appeared to be two remaining issues—purse projections and a contingency for what would happen if Arlington didn’t (or couldn’t) race in 2021.

When the IRB reconvened at 1 p.m. Friday, IRB commissioner Thomas McCauley, who has been the board’s lead mediator, explained that he believed both sides had agreed to resolve purse projections similar to the way salary arbitration hearings are conducted in pro baseball. Bu the two sides still had to agree on what would happen in the event that out-of-control circumstances (like a pandemic) kept Arlington from racing in 2021.

Arlington president Tony Petrillo then told commissioners that “We had sent a final, signed agreement over to the ITHA that addressed the reconciliation payment, which we feel is a final offer and should close this issue, and that’s our current status.”

David McCaffrey, the ITHA’s executive director, then was granted the floor. Appearing taken aback, he said he had no idea what Petrillo was talking about, because the ITHA had not received any such signed contract from Arlington before the meeting.

Yet as McCaffrey was speaking, the contract popped up in his email. He said it was time-stamped eight minutes after the meeting had begun.

“Does anyone see the unfairness in sending us a contract at 1:08 p.m. on a call that started at 1 p.m. and have me say yes or no?” an exasperated McCaffrey asked.

His words were met with silence by everyone else on the conference call.

“I don’t know what to say, other than at one o’clock when I called into this meeting, despite all the feverish attempts that have been made over the last two or three weeks, we had a deal that we would agree to sign that was submitted this morning to the racing board. We will stand behind that. But I can’t respond to something that was sent to me 10 minutes ago,” McCaffrey said.

Beiser called for a recess to allow the ITHA time to examine Arlington’s latest offer. The break lasted 2 1/2 hours.

Upon resumption is when Lavelle notified the commissioners of the discrepancies between the contract drafts, explaining that the red-lining process had gone awry. He said his legal team did a comparison of what they believed to be the correct versions from each party to reach the “true version.”

But when the ITHA team did that, Lavelle said, it revealed that Arlington had included new blocks of language about force majeure that he had never seen before.

He emailed Petrillo before the meeting came back in session, who essentially told him “take it or leave it,” according to Lavelle.

“Our team needs some time to go through line by line to know what we’re going to do, and we do intend to come through, probably like Monday, [with] improvements,” Lavelle said.

Beiser granted the two sides time for another weekend-long work session, and then gave Petrillo the opportunity to respond before recessing the meeting.

“In order to help the ITHA move forward in a more expeditious manner, the agreement that I signed is the agreement that they should be working off of,” Petrillo said. “We notified them of that at the time that that was sent. [Just for clarification, there are] no other documents.”

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