Politically Powerful Law Firm Hired To Issue NorCal PRA Requests

At a make-or-break time for Northern California racing interests as they attempt to build a racing circuit in the void left by Golden Gate Fields's imminent closure, two key players in those efforts have been on the receiving end of public records requests from Benbrook Law Group, a law firm well-known for their involvement in high-profile political campaigns, including the failed effort to recall Governor Gavin Newsom.

Some Northern California stakeholders said they suspected political intimidation was the motive for the request when the balance of the industry's economic power in California is up for grabs, and at a time of heightened tensions between industry interests in the North and South of the state.

“This constant back and forth that's happened is really unfortunate. It's not sustainable,” said owner-breeder Justin Oldfield, who chairs a working group to help facilitate ongoing racing in the North. “Racing in California is in jeopardy here. We need the North. We need the South. We need to figure out a way to make this all work.”

It's currently unclear who or what entity hired Benbrook Law group to file the 10-page Public Record Act (PRA) requests sent to the California Authority of Racing Fairs (CARF) and the Alameda County Fair.

Broadly speaking, the PRA requests ask for records and communications related to the closure of Golden Gate Fields, and to the continuation of Thoroughbred racing after the closure of Golden Gate Fields. This includes any records related to the creation of a new entity, “whether public or private,” that would “participate in hosting or conducting Thoroughbred racing,” and the allocation of wagering proceeds once Golden Gate closes.

Aside from its role in the campaign to recall Gov. Newsom, Benbrook Law Group has been involved in several high-profile politically-driven legal campaigns with a right-wing bent, including in recent years challenges to affirmative action programs, and a lawsuit against the state by the Firearms Policy Coalition challenging gun and ammunition disclosure laws.

After a Sacramento County Superior Court judge ruled to give supporters of the effort to recall Gov. Newsom more time to collect the necessary signatures for a special election, it transpired that the judge and Bradley Benbrook–who founded Benbrook Law Group–were once attorneys at the same Sacramento law firm, and had served as co-counsel on at least two cases.

Before last month's California Horse Racing Board (CHRB) meeting, the Thoroughbred Owners of California (TOC), The Stronach Group (TSG) Los Alamitos and Del Mar Thoroughbred Club (DMTC) issued a joint submission to the CHRB, asking the regulator to allocate race dates for the last 14 weeks of 2024 and for 2025–beyond the Northern fair meet dates–with operations concentrated in the South.

Citing the tough economics of maintaining parallel North-South racing circuits, the letter also outlined a broader set of proposals, including a possible legislative change to permit Los Alamitos to card night Thoroughbred races beyond 4 1/2 furlongs for $5,000 claimers and below, and $8,000 maiden claimers.

Against a backdrop of strong vocal support from NorCal stakeholders, representatives from CARF unveiled during the CHRB January meeting possible plans for a racing circuit in the North to be based at Cal Expo in Sacramento or at Pleasanton, which hosts the Alameda County Fair.

Stakeholders in the North appear to have until the March 21 CHRB meeting to assemble a concrete proposal for extended racing operations beyond the summer fairs.

According to Jerome Hoban, CEO of the Alameda County Fair and CARF board chair, Pleasanton has become the primary focus for a racing HQ in the North.

“CARF Board voted last week to support Pleasanton as being a potential hub for Northern Racing,” wrote Hoban, in an email on Feb. 11. He added that “many details need to be worked out to make this a reality,” including contract negotiations related to the property and on financing.

One such negotiation would appear to concern Pleasanton Golf Center Driving Range, which currently operates within the fairgrounds.

“The Alameda County Fair Board will need to approve the plan and ultimately, the CHRB would need to allocate the dates and license the meeting,” wrote Hoban. “We know that Northern California racing is vital to the entire industry as well as the Fairs. The economic impact of Northern racing is staggering and has a broad reach across several states.”

Prior to the January CHRB meeting, three TOC board members resigned from the organization in protest at the joint submission to the state regulator.

“It is clear to us that the current leadership is not being transparent and not working to represent the entire state of California,” wrote Lindsay LaRoche, Johnny Taboada and Ed Moger, in their resignation letter.

TOC leadership subsequently pushed back against several claims made in the letter.

Another point of leverage in the ongoing negotiations concerns legislation passed last September that means if Golden Gate Fields is not licensed to operate beyond July 1, proceeds from simulcast wagering in the north are funnelled south when there is no live racing in the northern half of the state after that date.

It is currently unclear who or what entities have hired the Benbrook Law Group to issue the PRAs. The TOC, TSG, DMTC, Los Alamitos and PETA have all denied hiring the firm. Benbrook declined to answer the same question.

In response to claims that the company had been hired to intimidate Northern racing interests at such a sensitive stage of negotiations, Benbrook wrote that it is “hardly political bullying or intimidation” to ask a public entity to comply with its public record disclosure obligations.

“All the more so considering that these public entities appear to be using public resources to figure out how to make money from gambling proceeds,” Benbrook wrote. “Your questions suggest that some parties think all of this should be happening outside the public's view; we respectfully disagree with that.”

Long-time Northern California owner-breeder Tom Bachman said that “there's a lot of skulduggery going on” as the fight over the future of horse racing in California plays out.

“I think they're going to make whatever push they can to collapse the North,” Bachman added. “If they threaten Pleasanton, that's the heart of being able to keep the North up and going.”

The post Politically Powerful Law Firm Hired To Issue NorCal PRA Requests appeared first on TDN | Thoroughbred Daily News | Horse Racing News, Results and Video | Thoroughbred Breeding and Auctions.

Source of original post

Vocal Two-Circuit Supporters in Cali Come Out Firing in First of Many Expected North/South Skirmishes

The precarious, up-in-the-air future of California racing and whether or not the state can continue to support two geographic year-round circuits was made no clearer after Thursday's California Horse Racing Board (CHRB) meeting. The 3 1/2-hour session was dominated by discussion of competing North-versus-South plans that both tried to carve a sustainable path forward while underscoring the dire circumstances that face the industry with the June 9 closure of Golden Gate Fields looming like an unavoidable asteroid.

Although the CHRB concluded the meeting–which featured testimony that was at times emotional, hopeful, angry, and even ominous–without taking any voting action on the situation, proponents behind ideas that would turn one of the NorCal fairs locations into a venue capable of hosting nearly year-round Thoroughbred racing had a decided edge in turnout and vocal support.

In part, that's because those NorCal-based supporters enjoyed a home-track advantage, because the Jan. 18 CHRB meeting was held at Cal Expo in Sacramento, the preferred location for a year-round venue as outlined in a presentation by the California Authority of Racing Fairs (CARF).

But the locale wasn't the only factor, as much of the back-and-forth debate also came across as a referendum about larger racing entities allegedly trying to trump smaller ones, whether or not 1/ST Racing and Gaming–which owns both Golden Gate and Santa Anita Park–will be good for the state in the long run, and whether or not the Thoroughbred Owners of California (TOC) organization speaks for all the stakeholders in the state or just the higher-end stables based in SoCal.

Yet it was telling that no fewer than 26 industry stakeholders spoke before the board on this wide-ranging, controversial North/South topic during the public commentary period, and not a single one voiced support for an alternate plan proposed by TOC in conjunction with executives from Santa Anita Park and Del Mar Thoroughbred Club.

That TOC-backed concept would consolidate all commercial-track racing in the state at SoCal. The goal would be to maintain level purses there under a simulcast revenue “redirect” plan that would also try to accommodate displaced Golden Gate outfits by creating more opportunities for lower-level horses to race at Los Alamitos Race Course, dropping the “claiming floors” at both Santa Anita and Del Mar, and establishing “relocation allowances” for stables that had to pack up and move.

The TOC's takeaway message was that even though it is in support of any “feasible and viable” plan to keep year-round racing afloat in NorCal, a danger exists in the form of increasing economic pressures in the South that, in turn, could contribute to millions of dollars in purse overpayments at Santa Anita and Del Mar that would likely erode the overall California product.

“With the closing of Golden Gate, can we continue to support two full-time circuits? This is a fair question,” said Bill Nader, the TOC's president and chief executive officer.

“We are running out of time,” Nader continued. “If there is agreement on one point, I think it would be that the latest possible decision on the allocation of 2024-25 race dates would be at the CHRB meeting in March. This would help re-establish stability and certainty for the many who are looking for answers.”

Nader's tone was largely somber and straightforward as he discussed the TOC's rationale with executives from 1/ST Racing and Del Mar presenting alongside. But at times his comments were met with derision and catcalls from opponents, who greatly outnumbered the supporters of the TOC's plan.

Many of those same folks also cheered and applauded any mentions of trying to save year-round NorCal racing.

At one point, CHRB chairman Gregory Ferraro, DVM, asked audience members to respect decorum so that the outbursts wouldn't bog down the meeting. But his request to “stop the clapping and the booing” went largely unheeded.

Larry Swartzlander, the executive director for CARF, detailed his organization's work-in-progress plan to install a seven-furlong track inside the current main mile oval at Cal Expo, which for years has largely hosted Standardbred racing outside of the short season that the Thoroughbred fair races in Sacramento.

Swartzlander said Cal Expo would likely race 103 Thoroughbred dates in the future (on the outer oval), with cards scheduled roughly twice weekly when the other NorCal fairs weren't in season.

“We are looking at funding from horsemen, CARF, and potential grants,” Swartzlander said, admitting that his plan is just in its initial stages because horsemen in California have only known since July about 1/ST Racing's plan to close Golden Gate.

As a result, Swartzlander was light on specifics such as firm costs and a timeline.

Swartzlander said next up is a Jan. 26 meeting with the Cal Expo board of directors seeking conceptual approval.

“If the board does decline to approve racing at Cal Expo, we will move to Pleasanton,” as a potential year-round NorCal racing home, Swartzlander said. “The Pleasanton board is very strongly in support of racing, and if I have to make one commitment to you, Pleasanton will race.”

When CHRB executive director Scott Chaney pressed Swartzlander for cost details, Swartzlander gave an estimate for state-owned Cal Expo's overhaul in the $1- to 1.5-million range.

Chaney expressed surprise at such a low figure.

“I'm not going to lie. I think you're very low,” Chaney said.

“One of the things that concerns all of us is uncertainty right now,” Chaney said. “We're, I'm sure, bleeding horses every day because there's no clear plan. We don't know what we're doing in the future [and] I am concerned about timeline and cost at Cal Expo. I just think it's unrealistic. I know it's unrealistic, to be honest.”

Commissioner Wendy Mitchell said she appreciated CARF's efforts at coming up with a plan, but also expressed doubts.

“I don't see how any of this lines up,” Mitchell said. “And I guess my concern from a regulatory or from the industry perspective is I don't want to create false expectations for people that are really unattainable…. I don't mean to be negative or a doubter, but I'm trying to be realistic and pragmatic about what the industry is facing.”

Commissioner Damascus Castellanos said that the time crunch and uncertainty was caused by 1/ST Racing, not CARF.

“The industry was kind of slow to get going on this whole thing,” Castellanos said. “We would be so further along if [1/ST Racing] came to us with proper notice [and] the groups in this room today probably could have gotten together and been done with this plan.”

Ian McLean, an owner and breeder, said during the public commentary session that the CHRB itself is partly to blame.

“If I'm not mistaken, this board works for us. We don't work for you,” McLean said. “The one thing that I've asked this board for years and years is to give us more attention in NorCal. Give us more time. Make us more important. Listen to what we have to say, and make us feel like we matter. And I don't think that's been done.”

McLean said the CHRB's response to CARF's proposal is too focused on negativity and “looking for the holes” in the plan.

“And I agree that you should look for the holes,” McLean continued. “But you should also look for 'How could we patch those holes?'”

Jamey Thomas, a third-generation NorCal trainer, advocated for the CHRB taking a slower approach.

“CARF needs time to get all this situated and done,” Thomas said. “It's kind of been a rush job. They're rushing us, forcing us, to get this stuff done faster than it can be done. Again, if they had let us know a year ago, by now everything could have been in place, we would have had a place to run. And we will have a place to run. The thing is, we just need the time.”

Tom Bachman, who said he's been breeding and selling Thoroughbreds in California for 40 years, underscored that the state's bloodstock industry works on a different timeline.

“My concern as a breeder is that the decisions I make today, the results are three or four years away when I've got to sell,” said Bachman. “So it's very difficult to have faith that three or four years from now there's sustainable racing in California. So my breeding now has moved to Kentucky.”

Johnny Taboada, who was a TOC director until last Sunday, when he was one of three directors to resign in protest over the TOC's proposed statewide consolidation, told the CHRB that the NorCal fairs are in jeopardy without a year-round track in the region.

“If you rush into the decision without giving the chance for the NorCal [entities to come up with an plan for a] circuit, you're going to not only put people out of work, you're going to be closing the fairs as well,” Taboada said. “If we don't have the dates assigned to the North and therefore the money goes to the South, that will be the end of not only NorCal racing, but also the fairs.”

CHRB chairman Ferraro wrapped up the session by saying that this is only the first major discussion on an enormously important topic.

“We needed your information. We need your input,” Ferraro said. “I'm telling you, it's not easy sitting in this chair looking at this situation. It is almost a no-win situation for this board. We're going to do the best we can to do right by everybody. But obviously, we have no decision-making [Thursday], so we will have to end this meeting without a decision, and we'll see what happens over the next couple of months.”

The post Vocal Two-Circuit Supporters in Cali Come Out Firing in First of Many Expected North/South Skirmishes appeared first on TDN | Thoroughbred Daily News | Horse Racing News, Results and Video | Thoroughbred Breeding and Auctions.

Source of original post

Filly Beats the Boys to Become First Stakes Winner for Good Magic

The Doug O'Neill-trained Vegas Magic became the first black-type winner for freshman sire Good Magic (by Curlin) with a late-closing, nail-biting rush to the front in Pleasanton's Everett Nevin S. One of three fillies going up against colts, Vegas Magic bided her time near the back of the field early, content to let others duke it out up front as the fractions clicked by in :22.07 and :45.17. Still well back in sixth at the top of the stretch, Vegas Magic suddenly closed with a vengeance, splitting horses late and hurling toward the wire in a rush. She got up just in time, winning by a nose as the 6-5 favorite.

Vegas Magic is unbeaten in two starts. The bay was unveiled June 11 at Santa Anita, winning a five-furlong maiden special weight by a length to become her sire's second career winner and is now his first stakes winner. Good Magic, the champion 2-year-old colt of 2017, stands at Hill 'n' Dale Farm near Paris, Kentucky and has four career winners to date.

A $100,000 purchase at OBS March after working in :10 2/5, Vegas Magic has a yearling half-sister by Kantharos. Her dam also produced a filly by Sharp Azteca Apr. 9. Click for the Equibase.com chart.

EVERETT NEVIN S., $76,800, Pleasanton, 7-9, 2yo, 5 1/2f, 1:05.39, ft.
1–VEGAS MAGIC, 118, f, 2, by Good Magic
               1st Dam: Heidi Maria (MSW, $220,764), by Rockport Harbor
               2nd Dam: Third Street, by Salt Lake
               3rd Dam: Bisque Doll, by Quadrangle
($130,000 Ylg '21 KEESEP; $100,000 2yo '22 OBSMAR). 1ST
BLACK TYPE WIN. O-Omar Aldabbagh, Todd Cady, & Ty
Leatherman; B-Machmer Hall (KY); T-Doug F. O'Neill; J-Frank
Alvarado. $45,000. Lifetime Record: 2-2-0-0, $85,200.
2–Fumano's Girl, 117, f, 2, Big Bad Leroybrown–Boo Who
Who, by Unusual Heat. 1ST BLACK TYPE. O-Jeffery Berger,
& Thomas N. Valenzuela; B-Tom Wyrick & Janis Wyrick (CA);
T-Michael Lenzini. $15,000.
3–Man Oh Man, 121, c, 2, Stanford–Alwazabridesmaid, by
Kafwain. 1ST BLACK TYPE. O/B-Tommy Town
Thoroughbreds, LLC (CA); T-Jonathan Wong. $9,000.
Margins: NO, 1, 3/4. Odds: 1.30, 19.00, 5.60.
Also Ran: Stolen Vote, Electric Lettuce, Passarando, Good N Thirsty, Kid Azteca, Chuckanut Bay.

The post Filly Beats the Boys to Become First Stakes Winner for Good Magic appeared first on TDN | Thoroughbred Daily News | Horse Racing News, Results and Video | Thoroughbred Breeding and Auctions.

Source of original post

CHRB Approves Race Date Shifts For Northern California Fairs

The California Horse Racing Board conducted a meeting by teleconference on Wednesday, June 16. The public participated by dialing into the teleconference and/or listening through the audio webcast link on the CHRB website. Chairman Gregory Ferraro chaired the meeting, joined by Vice Chair Oscar Gonzales and Commissioners Dennis Alfieri, Damascus Castellanos, Brenda Washington Davis, Wendy Mitchell, and Alex Solis.

The audio of this entire Board meeting is available on the CHRB Website (www.chrb.ca.gov) under the Webcast link. In brief:

  • The Board conditionally approved the license application for the Del Mar Thoroughbred Club to operate a race meet that will open on Friday, July 16, and run through Monday (Labor Day), September 6. Unlike last year when the pandemic prevented the public from attending the races, Del Mar will welcome as many as 15,000 patrons to its racing programs, provided they have reserved seats. Racing is scheduled for three days – Friday, Saturday, and Sunday – for the first two weeks, and then Thursday racing will be added for the following four weeks. The meet will close with a five-day week, Thursday through Labor Day.
  • As there will not be a State Fair again this year, Fair officials decided not to run any racing programs at Cal Expo in what normally would be a summer race meet in the Capital in conjunction with other Fair activities. Accordingly, Cal Expo arranged to move one of its allocated three weeks of racing to Pleasanton. The Board approved the license application for the California Exposition and State Fair to conduct a fair meet in Pleasanton. The three days of racing will be offered on July 16, 17, and 18.
  • The Board also approved an agreement between Pleasanton and three horsemen's groups – the Thoroughbred Owners of California (TOC), Pacific Coast Quarter Horse Racing Association, and Arabian Racing Association of California – authorizing their racing secretaries to establish conditions on races limiting the administrations of certain medications. Specifically, no horse shall be permitted to race in a stakes race with any race-day medication, which includes the use of furosemide; every horse within the inclosure and any auxiliary training facility is subject to out-of-competition testing; all parties agree to strict limitations on the use of any analgesic and anti-inflammatory medications during racing and training; there are restrictions on intra-articular injections that include a prohibition of a horse racing within 30 days following an intra-articular injection with a corticosteroid into the metacarpophalangeal or metatarsophalangeal joints; and finally, no horse that has been administered nonsteroidal anti-inflammatory medication within the previous 48 hours shall participate in a race or recorded work. This agreement will extend to all fair meets in Northern California.
  • The Board dealt with the remaining two weeks of racing that originally were allocated to Cal Expo by reallocating those weeks to Golden Gate Fields at the request of both parties. The Board first made that reallocation and then approved the license application for Pacific Racing Association II to conduct a race meet at Golden Gate that will commence July 23 and conclude August 1.
  • The Board also approved agreements between the TOC and the two thoroughbred meets approved Wednesday (Del Mar and Golden Gate) with the same entry conditions as those contained in the fairs agreement.
  • The Board denied a request by San Luis Rey Downs auxiliary training facility for more time to install sprinklers in some of its barns.
  • The Board asked management to provide more information about the delay and for progress reports. The matter will be reconsidered at the July 21 meeting.
  • Executive Director Scott Chaney reported on a significant reduction in equine fatalities in California horse racing, largely due to a multitude of new regulations to protect horses as well as cooperation from stakeholders. He also announced that Dr. Timothy Grande, longtime Official Veterinarian on the Southern California thoroughbred circuit, has been named to the newly created position of CHRB Chief Official Veterinarian with broad responsibilities of oversight throughout the state.
  • Dr. Rick Arthur gave his final report as equine medical director before retiring at the end of this month. Dr. Jeff Blea will become EMD on July 1. Chairman Ferraro and several other commissioners took the opportunity to thank Dr. Arthur for his service. “During the last 15 years, Dr. Arthur has brought our medical program and our health and safety program light-years ahead of where it was when he started. We truly appreciate what you've done,” said Chairman Ferraro.
  • Representatives of Arabian racing gave presentations stressing the significance of Arabian racing and pressing for more racing opportunities in the future.

Public comments made during the meeting can be accessed through the meeting audio archive on the CHRB website.

The post CHRB Approves Race Date Shifts For Northern California Fairs appeared first on Horse Racing News | Paulick Report.

Source of original post

Verified by MonsterInsights