Plan For New Chicago Track Forging Ahead Despite Big Differences In Gaming Law Interpretations

An Illinois businessman with a background in both real estate development and racehorses is actively putting together an investment team to build a new $180-million Thoroughbred racino about 35 miles south of Chicago. But even a year before the first shovels might break ground, controversy is swirling because of different interpretations of the enabling gaming law that is a linchpin for the project to proceed.

Ronald Aswumb, 68, who has owned and bred Thoroughbreds and also worked as a bloodstock consultant alongside his family's chief business of building malls and condominiums, told TDN in a Mar. 22 phone interview that he is 18 months into the planning process for bringing to life a track that he envisions as Lincoln Land Downs in a village called Richton Park.

“With the closing of Arlington we felt there was quite a void in the Chicago market for horse racing, and actually in the whole state,” Aswumb said. “We've looked at different potential properties all throughout the state. It is an ambitious project, and it's important that we keep it to scale.”

The project does not yet have the public support of the Illinois Thoroughbred Horsemen's Association (ITHA) because of the varying interpretations of the law.

“Let's not forget that this is Illinois. And anything relative to horse racing in Illinois is complicated and cumbersome,” David McCaffrey, the executive director of the ITHA, told TDN.

“A new racino in Richton Park is living up to those past performances,” McCaffrey added.

A spokesperson for Hawthorne Race Course, the Chicago area's only remaining Thoroughbred track, responded to a request for comment with an email that stated, “This idea is so speculative that anyone actually involved in the ongoing operations of Illinois horseracing, or who is truly interested in its future, should not take it seriously.”

McCaffrey explained the ITHA's understanding of the law this way: “The statute, as it stands now, only allows for a Standardbred track. So on the part of building a new racetrack and racino, he's within the law to do so. But two things need to happen: one, they need to have permission from Hawthorne, because it's within 35 miles of Hawthorne. And two, it has to be a Standardbred track. There's been some very cursory talk about another Thoroughbred outlet somewhere, but relative to that being at Lincoln Land any time soon I think is putting the cart way before the horse.”

Aswumb chalked up the views of the ITHA and Hawthorne as being based on “misinformation.” He added that his legal team has confirmed for him that Hawthorne's 35-mile veto power applies only to a Standardbred–and not a Thoroughbred–racino, and that he believes his racino application will be lawful based on Section 56 of the Illinois Horse Racing Act and Section 7.7 of the Illinois Gambling Act passed in 2019.

“The law is actually very clear. It states that anyone that has operating control of a racetrack anywhere in the state of Illinois may apply for a casino license,” Aswumb said.

“We've spent the last six months confirming that with the Illinois Gaming Board [IGB], and they're the only ones whose opinion really matters,” Aswumb said. “We met with the executive director and the general counsel two weeks ago, and they said if we had operating control of a racetrack and had received a racing license for dates, that we would meet the standard to apply for a casino license. I've been telling the horsemen that for six months, but you can't convince anybody, I guess.”

The location Aswumb has settled on would fit a 7- to 7.5-furlong main dirt track with a turf course inside of it. A temporary casino would go up first, to be eventually replaced by a larger, more permanent version, with the eventual possibility of building out a 100-room hotel and entertainment space.

“Our location is right off Interstate 57, which is a very highly trafficked area, and even though it's suburban, it's kind of a rural setting,” Aswumb said. “It's real pastoral. We have 140 acres that we're planning on building on. It's beautiful. It overlooks about a thousand acres of farmland. We have an option [to buy] it, and actually have the ability to get more land. There's a lot there.”

Aswumb said he is not yet ready to divulge full details about his investment partners because the deal is still a work in progress.

“We're in the financing process. It's still a little proprietary,” Aswumb said. “I can't tell you exactly the names behind it, but there are several large gaming companies that really want to diversify in the Chicago market. And we've also been working with a company in Kentucky that is involved in racing. I'm hoping in the next 60 days we'll fully list who our partners are.

“The timeline is we're putting the financing process together and finalizing the group,” Aswumb said. “We have to apply by July 31 with the Illinois Racing Board (IRB) to receive any dates in 2025. There's no plan to have any extensive racing in 2025. It would more likely be to get the track ready to have a couple of days of racing toward the end of the year just to establish the racing license, because we have to establish the racing license to go before the gaming board to get the casino license. Hopefully, we'd start construction on the track early next year when the weather breaks.”

Originally, Aswumb said, his intent was to build a harness racino, and he was aware that Hawthorne had veto power over that plan.

“They declined to give us written consent, which is their legal right to do. So we started looking at other ways to get this going, and there's nothing stopping us from doing a Thoroughbred track. The statute only applies to a Standardbred track, and obviously, we've confirmed that with [the IRB and IGB],” Aswumb said.

“There's kind of been disinformation the last few years that only the existing racetracks could get a casino license,” Aswumb continued. “The project is, of course, dependent on that. You need that alternative source of revenue to make the business model work. There's no guarantee you're going to get the license–you still have to go through all the [state vetting process]. But we have been told that we would be able to apply for that, and that was the big hurdle that we needed to clear to make the project go.”

Obtaining the temporary casino license is crucial, Aswumb said.

“We would like to do a temporary casino, which you are allowed to have for three years. The plan would be maybe to have 400-500 gaming positions in a temporary facility to get revenue coming in. It's very attractive to investors if you can get revenue coming in early like that. And then the process would be to have the permanent casino in approximately 2028 to 2029,” Aswumb said.

Aswumb said he wants to buck the industry trend of existing racinos that focus on gaming first and horses second. He wants it the other way around.

“We don't have quite enough room to do a mile dirt track, but we do have a lot of room for a really nice backstretch. We're going to have state-of-the-art barns, and an equine aquatics center and backstretch housing. I personally feel that horses are in their stalls too much, and we want trainers to be able to get them out an exercised at all times of the day.”

Aswumb said he's even talked to the Chicago Bears football team, which owns the defunct Arlington International Racecourse, about relocating the sod from the old grass course to Lincoln Land Downs.

“They still have been maintaining the turf course there beautifully, and they've been very open to that idea, but we're still in the testing phase to see if it would transfer properly,” Aswumb said.

Aswumb admitted that he has had zero talks with Hawthorne about forming a Thoroughbred circuit. Nor is he even close to negotiating a contract with the ITHA.

“I wouldn't say [Hawthorne would be] very supportive of us, really,” Aswumb said. “I have talked to the horsemen. They've been supportive but weary, like 'We've heard this before' kind of thing.”

Asked what type of racing season and purse structure he envisioned, Aswumb put it this way:

“Obviously we would like some summer dates if we have a turf course. We'd like to be able to get to like $250,000 at least in daily purses. So you could do maybe 75 to 80 dates a year, maybe race three days a week six months out of the year.

“The projections are we can do $100 million a year in adjusted gross revenue when we have the full casino, and approximately 13% of that goes toward purses,” Aswumb said. “When you combine that with off-track-betting parlors [and their] projected handle, we think we could get to $15 to $20 million in purses a year. And if we could do that, I think the horsemen would be happy.”

The post Plan For New Chicago Track Forging Ahead Despite Big Differences In Gaming Law Interpretations appeared first on TDN | Thoroughbred Daily News | Horse Racing News, Results and Video | Thoroughbred Breeding and Auctions.

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ITHA vs. Arlington to Federal Court

A $775,000 purse account dispute between the Illinois Thoroughbred Horsemen's Association (ITHA) and Arlington International Racecourse, LLC, that has simmered for over half a year got escalated to federal court Wednesday.

The ITHA is alleging a purse account underpayment in 2021 from now-defunct Arlington and a breach of contract triggered by Arlington's refusal to hand over the money once it became known the property was scheduled to be sold and that no racing would occur there in 2022.

Asked for comment via email late Wednesday afternoon, Arlington president Tony Petrillo wrote, “I haven't heard of this matter.” TDN then provided Petrillo with a copy of the lawsuit and gave him an hour to digest it, but did not receive a further reply prior to deadline for this story.

However, Churchill Downs Inc. (CDI), the Kentucky gaming corporation that owns Arlington, had stated in a March 23, 2022, letter to the ITHA that an overpayment actually occurred last racing season, and that any additional purse-account revenues that did accrue via simulcasting after the race meet ended in September don't have to be delivered to the horsemen just yet.

A chunk of this dispute hinges on how the two long-time adversarial entities define the word “track” as it appears in the contract they inked for the 2020-21 race meets.

“The term 'TRACK' as used in the Agreement refers to the entity Arlington Park Racecourse, LLC, not the physical racetrack itself,”  wrote Joseph Quinn, CDI's corporate counsel. “Arlington is actively pursuing additional horse racing opportunities in the State of Illinois. Until Arlington knows that it will not hold a future succeeding Race Meeting, it is not required to deliver the amounts held in the purse account to the ITHA.”

Quinn's letter to the ITHA then included this stunner: CDI wants the horsemen to pay $150,000 toward the purse account, “as required under the agreement”-even though Arlington missed the deadline for applying for 2022 dates at any Illinois location more than eight months ago.

The ITHA, in its Apr. 20 civil complaint filed in United States District Court (Northern District of Illinois, Eastern Division), disputed the points made by CDI in the Mar. 23 letter and framed the situation like this:

“The parties negotiated specific terms regarding any 'underpayment' of purses to address the possibility that Arlington would not be holding races at the Arlington Park racetrack in 2022….

“The contract provided that if Arlington underpaid purses in any amount during 2021, the underpayments would be 'carried forward and added to Purses for distribution at the next succeeding Race Meeting at TRACK.'”

“The contract further provided that 'if no such succeeding Race Meeting takes place, Arlington 'will deliver to ITHA the amount of the underpayment as soon as it is known that there will be no such Race Meeting…'”

Notwithstanding “multiple written requests” to deliver the money, the ITHA is alleging that Arlington and CDI are still refusing to pay.

“It has been known for many months that Arlington Park has sadly hosted its last horse race,” the complaint stated. “As has been widely reported and acknowledged, Arlington, LLC, and/or CDI has agreed to sell the Arlington Park property to the Chicago Bears.

“There will be no succeeding race meeting at Arlington Park in 2022. Indeed, there will be no such race meeting in 2022 at any venue operated by Arlington, LLC, in Illinois….

Arlington, LLC, has no plans to conduct a race meeting in Illinois at any time in the foreseeable future.”

With regard to CDI's “reminder” in the Quinn letter for the ITHA to pay the $150,000 to the purse account, the complaint stated that CDI has both the purpose of the payment and the financial calculations wrong.

According to the ITHA, the contract “provided that if certain conditions were met with respect to the purses”  the ITHA would “contribute $150,000 to purses for Illinois-restricted stakes races.”

CDI's Mar. 23 request instead asked for that money to be paid “to the purse account.”

“Arlington's own accounting of the purse account balance from 2021 (more than $775,000) already reflects a $150,000 reduction in the underpayment,” the complaint stated.

“In other words, if ITHA were to send Arlington, LLC, a check for $150,000 today, the result would be that the already-substantial underpayment of approximately $775,000 (money to which ITHA is legally entitled) would grow by $150,000 to approximately $925,000.

“By the time Arlington, LLC, requested that ITHA make a payment to the purse account, Arlington, LLC, was already in material breach of the parties' agreement,” the complaint stated.

With regard to CDI's assertion that it is searching for an alternate Illinois location at which to apply for a license to stage races, the ITHA's complaint stated this:

“While Arlington, LLC's, letter claims that it is 'actively pursuing additional horse racing opportunities in the State of Illinois,' Arlington, LLC, has never identified any such opportunities, even when pressed to do so by the Illinois Racing Board.”

The ITHA's suit seeks a declaration that Arlington has breached the contract, all allegedly outstanding purse amounts, plus damages in an amount to be established at trial.

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Chris Block Elected New President Of Illinois Thoroughbred Horsemen’s Association

The Illinois Thoroughbred Horsemen's Association auditor on Friday verified the results of the election for president and seats on the ITHA Board of Directors.

All terms won in this election are for three years of service. The election results follow:

ITHA President
Chris Block, who challenged incumbent Mike Campbell in the race for ITHA president, won the race with 62 percent of the vote. Campbell has served as president since 2008. Block begins his service on Jan 1.

Three Trainer-Director Positions
Patti Miller, Tony Mitchell and Tom Swearingen each won election to seats on the ITHA Board. Swearingen currently serves on the ITHA Board; Miller and Mitchell will begin their service on Jan. 1.

Manny Perez, who has served on the ITHA Board since 2012, was unsuccessful in his bid for a new term.

Two Owner-Only Director Positions
Tom Fedro Sr. and Steve Holland, who each ran unopposed, won new terms on the ITHA Board.

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Illinois Horsemen Urge Antitrust Investigation Over Alleged Arlington Park-Rivers Casino Link

The following statement was issued by the Illinois Thoroughbred Horsemen's Association:

The Illinois attorney general's office has been urged to investigate whether Churchill Downs Inc. committed state or federal antitrust violations when it took a series of steps to preclude casino gaming and diminish pari-mutuel wagering at a site in close proximity to its Rivers Casino in Des Plaines, Ill.

Churchill spent two decades pursuing the authority to operate a casino at the Arlington Park racetrack in Arlington Heights, but, after purchasing the majority stake in Rivers, maneuvered to end gaming at the nearby track. Churchill abruptly abandoned its Arlington casino plan and, in moving to sell the property, insisted the site's future use would be “higher and better” than horse racing – effectively ending the continuation of meaningful pari-mutuel wagering activity. All the while, Churchill executives were careful in their public comments to avoid stipulating any motive on their part to suppress competition facing Rivers, their highly successful casino.

Also established is that Churchill contradicted the intent of a 2019 Illinois law that authorized a casino license for Arlington – the privilege that Churchill had sought before purchasing its stake in Rivers. Churchill's decision to forgo the option to open a casino at Arlington surprised Illinois elected officials who backed the 2019 law; the Arlington casino was intended by state officials to generate new tax revenue for the state and local governments, boost pari-mutuel wagering, enhance the racing program at the track, and create scores of new racing-related jobs.

But unclear is whether Churchill's steps rose to violations of state or federal antitrust laws. In a letter to the Illinois attorney general's office, Mike Campbell, president of the Illinois Thoroughbred Horsemen's Association, described a pattern of deceit by Churchill executives and argued that the publicly available evidence supports the launch of an antitrust investigation.

“Churchill executives evidently engaged in a campaign to block current and future gaming scenarios at Arlington while telegraphing messages to deflect public attention from its actual intent: shielding Rivers from a major gaming competitor in close proximity,” Campbell wrote in the letter, which also was forwarded to the U.S. Justice Department. A PDF of the letter is available here.

Arlington is just a 12-mile drive from Rivers; a reinvigorated horse racing program at Arlington, particularly as part of a casino entertainment complex, would become the closest major gaming competitor to Rivers. In February, Arlington Heights Mayor Thomas Hayes told ABC7/WLS-TV in Chicago what others had privately concluded. “I think it's clear why they did not choose to open a casino at the racetrack property – because it would directly compete with their majority interest in the Rivers Casino,” he said of Churchill.

Churchill plans to accept bids for the purchase of Arlington in mid-June. Amid widespread concern that Churchill might be angling to preclude a future owner of Arlington from engaging in forms of gaming, the Arlington Heights village board in early May approved an ordinance intended to prohibit Churchill from placing certain restrictions – specifically, those that would prevent future gaming – on the property.

Campbell noted in the letter to the Illinois attorney general's office that the ITHA brought to the attention of Illinois racing regulators a reported offer in 2019 by a group of prospective owners to purchase Arlington from Churchill with the intent of continuing racing, and developing a casino, at that site. Churchill reportedly refused but never publicly noted any such offer.

“It's unfortunate that Churchill Downs, once a stalwart of thoroughbred racing, appears now to care solely about corporate profit. But Illinois isn't Churchill's trough – our state doesn't exist to feed Churchill's greed,” Campbell said. “A gaming license such as the one granted to Rivers Casino is a privilege. It means Churchill has a responsibility to follow the law, particularly when the law is aimed at serving the best interests of Illinois taxpayers.”

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