Reader Mail Bag: Adieu To Arlington

The following is a collection of letters we've received from readers in recent days as the permanent closure of Arlington Park seems imminent. If you'd like to submit a letter to our editors, Please click/tap here.

Would create lots of controversy if I had written this in the former comments boxes you had, but the fall of Arlington Park (sorry I was never there) followed the only business rule under profit-oriented capitalism, which is always to endeavor to make the highest rate of profit you can get. It's America's real national religion.

Racing has declined to the point at which the large land areas, which most big tracks possess, is worth more if sold to real estate or developer interests. I fully expect downstate New York racing to go the same way one day. I always thought Aqueduct would go first, but I'm beginning to think Belmont might also be either shrunk dramatically or sold in total to developers. They certainly have declined horribly, both in terms of track accommodations and attendance. Back in the day, tracks were owned by sportsmen and women could never have foreseen this day — but unfortunately, it's here.

–Michael Castellano
Racing fan since the 1960s

Hi Ray, Just wanted to say thank you for your piece about the bitter fall of Arlington.

(If you missed it, it's available here.)

I, too, fell in love with racing there in the 1970s. Over the years, I got to see Secretariat, John Henry, and local legend Rossi Gold, and my cousin and I were present for the “Miracle Million.” I am absolutely heartsick about what has happened. It feels as if COVID-19 has stolen the present and the future, and now, even the past is being taken away.

–Lori Barron
Racing Fan

Hi Ray, Been a long time reader and appreciate the work you do! Just read your Arlington Park story “The Bitter End.” I live close by so it's my home track. What you wrote is so perfect and spot on. When I first heard of this being the last year, my only thought was I need to go one last time. I've been asked a few times by friends but I can't do it. It's not only the bad management as you stated or Churchill Downs greed, it's just to hard to see that beautiful place one last time knowing it's coming down. My wife, my son, my friends have so many great memories and just wish we could continue them at Arlington. I know there are other great and fun tracks but there not close to me like Arlington. Thanks for sharing your thoughts and listening to mine.

–Tom Horak
Racing Fan

I'm not sure what your coverage has been about Arlington but I would suggest looking into the political side of the story based on the state refusing to allow slots for so many years I just believe CD got fed up and walked away. I wanted to blame CD at first glance, however “after further review“ I lay the blame on the crooked politicians of Chicago and the state.

As we say in the Midwest “everything in Chicago is fixed except the roads.”

–Thom Albright
Former owner and racing fan

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Letter to Editor: Potential Arlington Park Sale an Antitrust Violation

Dear Editor:

In your article, “Arlington Horsemen Beg for Help,” published Aug. 17, it is was stated by President Michael Campbell of the Illinois Thoroughbred Horsemen's Association (ITHA) at the public comment period before the Illinois Racing Board, that Churchill Downs may not sell Arlington Park to the highest bidder in order to avoid competition. Mr. Cambell said, it is “the worst-kept secret in Illinois–and we all know it–is that Churchill Downs and [that corporation's business entity at] Rivers Casino is attempting to eliminate horse racing at Arlington Park because they're afraid that it will turn into a [competing] gaming location.”

I offer no opinion whether the facts asserted by Mr. Cambell are true or not. That said, as an attorney, I would be of the opinion that were it true that Churchill Downs would not sell a racetrack to the highest bidder if it were part of a horse racing operation, this would constitute a serious antitrust violation. This smells of a market boycott so as to prevent or extremely hamper a potential competitor from competing. Ordinarily this would be bad, but in a highly regulated industry such as horse racing that inherently limits market entry by government regulation, this is particularly egregious. Bid rigging, refusals to deal, and unfair attempts to deprive competition of the means to compete are common forms of antitrust violation. It is the betting public that would benefit from the competition that gets ripped off. Would-be competitors and horsemen who lose out on opportunities to race would also suffer real, non-theoretical injuries.

I would remind the public that apart from being a civil violation, antitrust violations can be criminal. By way of example, members of the then mighty General Electric Company were sent to jail in the early 60's for antitrust violations committed in the late 50's. Suffice it to say, what I read was sufficiently disturbing (if the facts turn out to be true) that I hope the Antitrust Division of the Department of Justice looks into it. The behavior might violate the Illinois Antitrust Act which, among other things, makes it illegal to “Establish, maintain, use, or attempt to acquire monopoly power over any substantial part of trade or commerce of this State for the purpose of excluding competition.”

One of the more complex issues is standing to sue for these antitrust violations. Certainly the would-be gambling industry competitor that offered the highest bid would certainly seem to have standing to sue.

Rinaldo Del Gallo, III

Attorney at Law

The post Letter to Editor: Potential Arlington Park Sale an Antitrust Violation appeared first on TDN | Thoroughbred Daily News | Horse Racing News, Results and Video | Thoroughbred Breeding and Auctions.

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Letter To The Editor: Let Baffert Race While Due Process Plays Out

I would respectfully disagree with Arthur Gray's assumption (in his letter to the editor concerning the New York Racing Association's right of exclusion of trainer Bob Baffert) that it is up to the racing gods to set the court on the right path.

Most racing jurisdictions have a state appointed racing commission which is authorized to issue a license to participate to all individuals, tracks and other entities that are involved with legalized racing. As long as a trainer holds a valid license in a particular jurisdiction, I find it unfair for a track to deny a racing entry of a qualified horse.

I may be mistaken, but I believe that in Louisiana (a jurisdiction in which I have been involved in racing for some 50+ years) an entry must be accepted if a trainer is licensed and a horse fits the conditions of the race. I also see this as a policy that can be easy abused by racing secretaries as they not only write the conditions of the race but could select the entries.

Until Mr. Baffert is issued a ruling (concerning Medina Spirit's positive test from the Kentucky Derby), he should be allowed to race in any jurisdiction where he holds a license that was issued by that jurisdiction. If and when he is issued a ruling, then the individual jurisdictions can decide if they will honor that ruling.

I do acknowledge a track's right to select those trainers that are granted stalls for a particular meet.

I am not an “integrity consultant” nor have I ever worked with one, but I did  practice veterinary medicine on various racetracks for some 30+ years and am past Equine Medical Director for the Louisiana State Racing Commission.

I do believe in due process and until that is granted to Mr Baffert (or any other trainer), let them race.

– Tom V David, DVM

If you would like to submit a letter to the editor, please write to info at paulickreport.com and include contact information where you may be reached if editorial staff have any questions.

Additional stories about Baffert's Kentucky Derby positive and ensuing legal battles can be found here.

The post Letter To The Editor: Let Baffert Race While Due Process Plays Out appeared first on Horse Racing News | Paulick Report.

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Letter To The Editor: NYRA Stands Firm As Its ‘Right Of Exclusion’ Is Tested

I have been heralding a racetrack's right of exclusion throughout my career. This court tested policy enables track management the right to deny an individual the privilege to race if the individual's participation is deemed to be a detriment to the best business interest of the facility.

The implementation of this policy is critical to horse racing's ability to regain the public trust that has been waning for decades. Our regulators charged with maintaining the integrity of racing have failed and, in many instances, outright refused to implement rules, seriously damaging the public perception of our sport.

Kudos to the New York Racing Association (NYRA) as they have implemented their right of exclusion barring Bob Baffert from participating at any of their facilities.  This could be the watershed moment that can turn the tide in racing's demise.

In 2018 Justify the Triple Crown winner tested positive in the Santa Anita Derby for scopolamine, a banned human medication.  Long after the unprecedented surreptitious investigation the drug violation was declared an environmental poisoning, a determination applied to medication irregularities for this trainer in the past.

The scandal did not come to light for over a year until a New York Times investigation unearthed the failure of the California Horse Racing Board (CHRB) to follow equine drug positive investigative protocols.  In recent weeks, the Washington Post via documents acquired through a freedom of information request have detailed the scope of corrupt CHRB actions enabling an ineligible horse to enter and win the Kentucky Derby.

Medina Spirit's betamethasone positive in this year's Kentucky Derby is the second incident involving illicit medication issues in the Kentucky Derby since 2018, both under the care and supervision of the same trainer.

These incidents exponentially support the need for racetrack's right of exclusion policy and more importantly the Horseracing Integrity & Safety Authority.

The Medina Spirit incident appears to be the straw that broke the horse's back.  Taking into consideration recent medication irregularities, NYRA and Churchill Downs exerted their right of exclusion barring Bob Baffert from racing at their facilities.

Mr. Baffert has decided on legal action to test the court approved right of exclusion policy citing the 14th Amendment due process rights, also noting the irreparable damage to his reputation.

Courageously, NYRA is steadfast in their commitment to exclude Mr. Baffert, notifying the court of a motion to dismiss his lawsuit and also noting that the irreparable damage to his reputation was self-inflicted.

We need the horse racing gods to set the court on the right path supporting the right of exclusion.

–Arthur Gray is a longtime horseman, steward and integrity consultant from West Seneca, N.Y.

If you would like to submit a letter to the editor, please write to info at paulickreport.com and include contact information where you may be reached if editorial staff have any questions.

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