NJ Horsemen Settle With Sports Leagues for $3.4M, Far Below Sought-After $150M

The years-long bid by New Jersey Thoroughbred Horsemen’s Association (NJTHA) to seek $150 million in alleged damages from the four major team sports leagues and the college sports regulatory body (NFL, MLB, NBA, NHL and NCAA) ended Jan. 11 with a far lesser settlement approved by a federal judge, who wrote that the case has been “amicably resolved” among the parties.

According to the three-page “stipulation and order” signed Monday by United States District Court (New Jersey) Chief Judge Freda Wolfson, in exchange for ending its legal pursuit for more money, the NJTHA will be entitled to collect on a $3.4-million escrow bond posted by the leagues back in 2014 when the leagues first tried to block Monmouth Park’s initial attempt at getting sports betting up and running.

That was four years before the May 2018 U.S. Supreme Court ruling that struck down the federal law that had prohibited sports betting in all but a few grandfathered states.

Soon after that 2018 Supreme Court ruling, the NJTHA-run Monmouth opened for legalized sports betting. But the NJTHA continued to chase after the money that had been placed in escrow back in 2014 to cover a one-month period when the case was first being adjudicated.

That pursuit for damages above the bond amount seemed to be emboldened when a September 2019 decision by a U.S. Court of Appeals (Third Circuit) panel of judges ruled that because Monmouth had initially been unlawfully subjected to a no-sports-betting injunction for 28 days in 2014, it had been “wrongfully enjoined” because it “had a right all along to do what was enjoined when the leagues first tried to block sports betting.”

The NJTHA then claimed in court filings that it was entitled to damages of $150 million, far higher than the amount that had been escrowed. The association’s argument was that it got wrongfully shut out of sports betting for four years, not the original four weeks that the escrow period covered.

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New Jersey Fixed-Odds Pilot Program Cleared for 2021

Even as a separate bill to allow fixed-odds wagering on in-state horse races is making its way through the New Jersey Legislature, the state’s racing commission voted 4-0 Nov. 18 to give consent for licensees to try a fixed-odds pilot program during 2021 that would be limited to bets on out-of-state Grade I races.

The vote was unanimous but not without misgivings, as several commissioners voiced concerns prior to the vote that fixed-odds betting would cannibalize the existing pari-mutuel system and eventually erode New Jersey’s racing industry.

And one New Jersey Racing Commission (NJRC) member had to be corrected just prior to the vote because he thought the board had been discussing exchange wagering and not fixed-odds betting (It was unclear who, because commissioners often cross-talked and did not identify themselves when speaking during Wednesday’s teleconference meeting).

But the fact that the current bill, introduced Oct. 31, seems to have considerable political heft behind it appeared to be an overriding factor in the unanimous vote, as the presumed wishes of elected and appointed officials surfaced several times during the discussion.

“The pilot program would be regulated by the Division of Gaming Enforcement (DGE),” explained Judith Nason, the NJRC’s executive director. “DGE has the authority to regulate fixed-odds wagers, which [are] also known as sports wagers.

“So, the question before you today is whether the commission wants to grant its consent to fixed-odds wagers [on] Grade I stakes races of national interest that are being conducted in another state through Dec. 31, 2021, which would allow the pilot program to move forward,” Nason continued. “It would allow the attempt to gauge interest [in] fixed-odds wagers on horse racing. At the same time, there is proposed legislation that is moving forward that would broadly allow fixed-odds wagers on horse races.”

Asked by a commissioner what the benefit of the pilot program would be to New Jersey’s horse racing, Nason replied, “It would bring benefits to the sports wagering operators, and to a certain extent to, you know, that the revenue can be shared and some of it can be directed for purse money.”

Dennis Drazin, the chairman and chief executive of Darby Development LLC, which operates Monmouth Park and its sports book, weighed in with a different perspective.

“I think it’s commendable that we start with a pilot program until such time as the legislature has an opportunity [to vote on it] and the governor signs off, assuming we get to that point,” Drazin said.

“We’ve been hung up for six months on whether or not a wager on a horse race is s sports bet or a horse racing bet, because they’re handled differently. The proposed legislation says it’s a horse racing bet,” Drazin said.

“I gather that the attorney general, if I read Judy [Nason] correctly, has weighed in and feels that we should start with the pilot program for Grade I races only,” Drazin said.

Commissioner Michael Arnone expressed doubts about the long-term repercussions of fixed-odds betting prior to casting a “yes” vote in line with the other commissioners.

“I get the feeling like we’re the good monsignor getting called up to give last rites to the pari-mutuel system. I mean, I think the pari-mutuel system will lose out in the end if it has to compete,” Arnone said. “We’ll see what happens, but unfortunately, I’ve got a very negative view of it.”

Drazin said his support for trying the system is based partially on repeated complaints he hears from pari-mutuel customers about fluctuations in odds after a race goes off.

“The Australian [fixed odds] model has proven to grow their industry. And with a significantly less population in Australia than we have here, they out-handle us,” Drazin said. “I think it’s important that we look at this. Nobody knows what the future is going to be…In the early days, it will have a minimal impact [on pari-mutuels]. But five years down the road, a significant portion of the handle will be fixed odds.”

Prior to the unanimous vote, Drazin had asked the NJRC to widen to scope of the pilot program to include all graded North American stakes races, graded international races, and Monmouth’s two in-state Grade Is, the Haskell S. and United Nations S.

But Nason wouldn’t allow those modifications to the template for the pilot program, which had been handed down by the DGE. That leaves New Jersey’s bet-taking licensees with about 90 to 95 Thoroughbred races on which to offer fixed-odds wagering in 2021.

Based on Drazin’s comments, Monmouth appears set to embrace the pilot system. When asked by the commission, a Meadowlands official declined the opportunity to comment on the program.

“Lastly, I would ask you to just consider what you’re going to do if one track–and I’ll just give you an example, let’s say Churchill Downs–decides they’re going to authorize fixed odds on the [GI] Kentucky Derby, but they’re not going to give it to anybody else except to [the] Churchill [advance-deposit wagering system that] operates online in New Jersey. Do you think that that would have a negative impact on the rest of us?”

Thoroughbred Dates Approved for 2021

Also on Wednesday, the NJRC unanimously approved 2021 Thoroughbred dates at Monmouth (53 days, May 28-Sept. 26) and for a turf-only meet at the Meadowlands (nine days, Oct. 1-30).

John Heims, Monmouth’s racing secretary and director of racing, said that the track is going back to “more of a traditional” Memorial Day weekend opening like in past seasons. That calendar, he added, allows Monmouth to better dovetail with the closing meets at Oaklawn Park and Tampa Bay Downs, “so I think it actually bolsters out ability to offer a better racing product.”

In 2020, the New Jersey Thoroughbred Horsemen’s Association had approval to run 56 days at Monmouth and 19 at the Meadowlands. But the pandemic lopped off the start of the Monmouth meet and caused the cancellation of what was supposed to be the first dual-surface Thoroughbred meet at the Meadowlands since 2009. Those dates were transferred to Monmouth instead, where a total of 60 programs were run this year.

The topic of running both dirt and turf races at the Meadowlands in 2021 did not come up at Wednesday’s meeting.

 

Monmouth Reports $2.5 Million-plus Racing Loss

A separate section of the agenda dealt with the distribution of monies from the Casino Simulcasting Special Fund, which requires New Jersey racetracks to show evidence that their financial well-being has been negatively affected by casino simulcasting and/or that the racetrack is “financially distressed” in order to receive those funds.

During that agenda item, Nason said all three state tracks (Monmouth, Meadowlands, Freehold Raceway) met those requirements. Although a specific time frame for the financials was not mentioned, Nason read into the record that “Monmouth Park reported losses in excess of $2.5 million from racing operations while also citing the [NJTHA’s] debt obligations to the [New Jersey] Sports and Exposition Authority, which exceed $9 million through 2024.”

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Authentic Earns $1M BetMakers Bonus With Classic Win

With his victory in Saturday’s GI Longines Breeders’ Cup Distaff, Authentic (Into Mischief) earned a $1-million bonus for his connections from Australian-based racing technology group BetMakers. In conjunction with Monmouth Park’s Dennis Drazin, BetMakers created the ‘BetMakers Bonanza’ for any horse that could win the 2020 renewals of the GI Haskell Invitational, the GI Kentucky Derby and then finish it off with the Breeders’ Cup Classic. Authentic went wire to wire to score in the 10-furlong test by 2 1/4 lengths.

“With all the winners of the majors competing in the Breeders’ Cup Classic, Authentic proving he is an absolute superstar was very exciting,” BetMakers CEO Todd Buckingham said. “Initiatives like the BetMakers Bonanza are a great way to get the best horses competing against each other and what a great way to finish off with a race like we had.”

BetMakers and Darby Development LLC, owner and operator of Monmouth Park, signed an agreement earlier in the year with the aim to facilitate fixed-odds betting on horse racing in the state of New Jersey, with legislation recently introduced to do so in the New Jersey state legislature.

The ‘BetMakers Bonanza’ will continue for at least the next two years but with a different pathway. This year’s COVID-19 adjusted racing schedule saw the middle leg being the Derby and with the expected return to a regular calendar next year, the Haskell and Breeders’ Cup Classic will again ‘book-end’ the Bonanza with the middle leg to be determined.

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Bill to Authorize Fixed-Odds Wagering Introduced in New Jersey

New Jersey moved one step closer to becoming the first state in the country to allow fixed-odds wagering on horse races when a bill that would authorize that form of betting was introduced in the New Jersey Legislature Thursday.

The bill was introduced by New Jersey State Senator Vin Gopal and an identical bill has been sponsored by Assembly Gaming Committee Chairman Ralph Caputo and Deputy Republican Leader Assemblyman Ronald Dancer. With the bill enjoying bipartisan support, expectations are that it will pass and will be signed into law by New Jersey Governor Phil Murphy some time before the beginning of the 2021 meet at Monmouth.

In February, it was announced that Darby Development LLC., the operator of Monmouth Park, had entered into a 10-year agreement with the Australian firm BetMakers in which BetMakers would manage and distribute fixed-odds betting on Monmouth’s races. Monmouth had hoped to offer fixed-odds betting during the 2020 meet, but the review process conducted by the Attorney General’s office dragged on longer than expected. Should the legislation pass it is expected that fixed-odds wagering can begin without any further delays and without the requirement that it be approved by the Attorney General’s office.

“The Company is pleased that the legislation has been introduced and supported by both sides of the aisle, and that it provides a clear framework for Fixed Odds horse racing in New Jersey,” BetMakers CEO Todd Buckingham said in Monday’s press release. “The introduction of the Bill is an important step for providing a regulatory pathway for the introduction of Fixed Odds Betting in the U.S. and places New Jersey as the front-running State in the U.S. to pursue this opportunity.”

BetMakers Head of International Operations Dallas Baker said the takeout on fixed odds betting has yet to be determined but “will be pretty similar to what you see with the tote or maybe a little bit more competitive.”

At this stage in the process, fixed odds wagering will be available for New Jersey residents only and only on New Jersey tracks. However, Dennis Drazin, the chairman and CEO of Darby Development, said that BookMakers will look to expand and sign up tracks outside of New Jersey. In order to do so, they will have to comply with the Interstate Horseracing Act, which requires consent from the racetrack operators and a local horsemen’s group. He added that there is a possibility that fixed odds betting could begin before the Monmouth meet and at one of the two harness tracks in the state, the Meadowlands and Freehold.

BetMakers will attempt to expand the form of wagering outside of the tracks themselves and ADW companies and bring the many firms that accept sports betting on board, as well.

Fixed odds wagering has proved to be extremely popular in Australia. Baker said that it was introduced in Australia about ten years ago and is the primary reason handle in that country has doubled since that time.

“If you study the model of Australia, it has really grown the business there,” Drazin said.. “And our business over here has stagnated a little bit. This is a new opportunity to grow the market.”

One of the advantages of fixed odds wagering is that it prevents what is a growing problem in American racing, large odds drops in the pari-mutuel pools on horses after the race has begun.

“As a racetrack operator who talks to people, talks to our customers, one of the biggest complaints I get is when someone says they bet a horse at 8-5 and by the time they broke out of the gate and went a little bit the horse was 3-5,” Drazin said. “They think something has to be wrong with this picture. This way the bettor will have clarity on what the odds are and they’re not going to change. It will result in better satisfaction for the person making the wager.”

This will not be New Jersey’s first foray into fixed odds wagering. New Jersey had been the only state to allow wagering on the betting exchange Betfair. The exchange allows customers to set prices on horses and bets are matched when two bettors agreed on the odds. After a run of four-plus years, Betfair pulled the plug on the New Jersey exchange at the end of September, saying that handle was so low that they couldn’t justify continuing on. One of the problems with Betfair is that it never reached agreements with most of the major tracks that would have allowed New Jersey customers to wager on them Drazin said he hopes that BetMakers does not run into the same problem.

“This is going to be good for our business if everybody gets on board,” he said. “If only a few tracks offer it and it’s not the major tracks it will suffer the same growth problems exchange wagering had.”

BetMakers is also behind the $1 million BetMakers Bonanza, a $1 million bonus that combines the GI Haskell S., the GI Kentucky Derby and the GI Breeders’ Cup Classic. Having already won the Derby and the Haskell, Authentic (Into Mischief) will earn the bonus if he wins the Classic.

“One of the things we want to do is give back to the industry,” Baker said. “This is a good opportunity and we jumped on the chance to sponsor it. It’s exciting to see that Authentic is alive for the bonus going into the Breeders’ Cup.”

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