Downes Named Emerald Downs Announcer

Bill Downes has been named track announcer at Emerald Downs for the Washington track's 2022 season which opens May 15. He replaces Tom Harris who recently stepped down.

Downes served as Indiana Grand track announcer from 2013 to 2021, and before that called races at Ellis Park, Beulah Park, Presque Isle Downs, and River Downs. He also was back-up announcer at Churchill Downs.

“I'm thrilled to come to Emerald Downs,” Downes said. “Emerald is a track I've always held in high esteem. I was there once for a two-day handicapping tournament, and the thing I noticed was an excellent on-track experience. Everyone was having a good time.”

Downes becomes just the fourth announcer in Emerald Downs' 27-year history. Robert Geller was in the announcer's booth from 1996 to 2015, followed by Matt Dinerman (2015-2017) and Harris (2018-2021).

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Pablo Morales Rides Five Winners For Second Saturday In A Row At Tampa

Don't let his looks deceive you; behind Pablo Morales's youthful appearance lurks a ruthless competitor.

“He looks so nice and polite,” said his agent, Paula Bacon, laughing because those are in fact two traits Morales possesses in abundance. “But he's actually a baby-faced sharpshooter in sheep's clothing.”

Bacon's metaphor hasn't been far off the last two Saturdays at Tampa Bay Downs. After riding five winners on Jan. 1, Morales did it again today, starting 4-for-4 before cooling off to go 5-for-8 with a second.

The performance gives Morales 23 victories at the meet, moving him into a tie for first with Antonio Gallardo. It is the third time Morales has won five races on a Tampa Bay Downs card.

“Unreal. That was awesome, what can I say?” said Morales. “I'm just as happy as I can be. This game is definitely weird, and we just have to stay after it every day. Things like this are what help me keep on going, no matter what.”

Bacon, a former jockey, said all the pieces are coming together for the 33-year-old Lima, Peru product to make a run at his first Tampa Bay Downs meet title. Morales has won seven titles at Presque Isle Downs, where he more than doubled the runner-up with 120 winners last season.

“He's been getting good mounts and he's making them count,” Bacon said. “He's riding incredibly well. He has a lot of natural physical ability, he picks things up right away and he is making smart decisions in his races.”

Bacon, who watched today's card at home, marveled at Morales's winning ride in the fifth race, a maiden claiming event at a mile on the turf for 3-year-old fillies. After keeping his mount, trainer Tim Hamm's gray filly Music Amore, in a stalking position early, Morales spotted an opening on the turn for home and steered Music Amore to the promised land, resulting in a length-and-a-half victory from Sign and Seal.

“He made a last-second decision to cut the corner turning for home, and I thought that was a really smart move,” Bacon said. “When he altered course to go inside, I thought that won the race for him.”

Morales's winning streak was halted in the seventh race on the turf, the Lambholm South Race of the Week, when he finished second aboard Pythoness by a half-length to Bleecker Street, a 4-year-old filly ridden by Hector Rafael Diaz, Jr., and trained by Chad Brown.

“Yeah, it took dang Chad Brown to get him,” Bacon said of the four-time Eclipse Award-winning trainer.

Morales's first victory came in the second race on Daily Briefing, a 4-year-old filly owned by Curragh Stables and trained by John P. Terranova, II. She paid $8.40 to win as the second wagering choice. Morales won the third race on Bear Creek, a 5-year-old gelding owned by Mark Hoffman and trained by Dennis Ward. He paid $10.80 to win.

After sitting out the fourth and winning on 2-1 favorite Music Amore, Morales captured the sixth race on 5-2 favorite Curlin's Thrill, a 5-year-old gelding owned by Sabal Racing Stable and Patrick Rhodes and trained by Darien Rodriguez.

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The jockey's fifth victory came in the ninth race, a come-from-behind effort by 5-year-old Florida-bred gelding Cajun Casanova, owned by Monster Racing Stables and trained by Jose H. Delgado. Cajun Casanova paid $5.80 to win as the second betting choice. “That horse just ran huge today,” Morales said. “He has been running against tough horses, but when things go his way he is a monster. He liked to run and he gives it his all.”

Bacon, who has been retired as a jockey since 2002, looks forward to teaming with Morales throughout the season in hopes of challenging for the top spot.

“We still have to work our butts off to get anyplace,” she said. “This is a very deep jockey colony, but I know Pablo is going to keep to the task.”

Morales agrees with Bacon's assessment that he is physically and mentally capable of contending. “I'm in good shape and I'm healthy, and that's the main thing. I'm going to keep on working and wait for the right opportunities, and when I do get them, thank God I'm able to prove myself, because by proving myself to the trainers and owners they'll opt to ride me. Obviously, I can't do anything without their help,” he said.

“I'm extremely thankful to all the connections. I do this for myself, my family and the people who root for me. It can be sort of a roller coaster here, but days like this put me in the fight, and hopefully I'll get in a groove of staying more busy.”

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PAHBPA Swats Back at Presque Isle in Counterclaim Over ADW ‘Money Grab’

In an ongoing dispute over whether Presque Isle Downs (PID) has been steering on-track patrons to make bets through advance-deposit wager (ADW) platforms controlled by its corporate parent and then not counting those bets as on-track wagers that provide better revenue for purses, the Pennsylvania Horsemen's Benevolent and Protective Association (PAHBPA) swatted back in federal court with a Sept. 7 counterclaim to claw back at least $75,000 in disputed funds.

PID had fired the first salvo of litigation on June 24 in the form of a civil lawsuit that sought to block the PAHBPA's “unsupported allegations” from going to arbitration.

According to court documents, the horsemen and the track have been squabbling over this issue since February 2020, and went through 16 months of airing grievances via demand letters and committees without coming to a resolution. PID then took the matter to United States District Court (Eastern District of Pennsylvania) to try and block an attempt at arbitration.

Beyond the PHBPA's initial allegation that the purse account has been shorted at least $75,000 so far, any ruling in this case could be a precedent-setter that would determine how the betting revenue gets split moving forward.

PID's corporate parent is Churchill Downs, Inc., (CDI). The disputed on-track bets are allegedly getting steered to ADW platforms like TwinSpires that are controlled by another CDI-owned entity, the Churchill Downs Technology Initiatives Company (CDTIC).

Additionally, the PAHBPA had argued during the grievance process that the source market fee (derived from ADW bets made by in-state residents) that PID agreed to with CDTIC is too low in comparison to industry standards.

In its lawsuit, PID had countered that “PID does not own the majority of CDTIC. CDTIC is a separate legal entity from PID.”

The PAHBPA's Sept. 7 response and counterclaim states that “PID's purported declaratory judgment action is nothing more than an improper attempt to further delay resolution of PID's contractual breaches and cause PAHBPA to incur unnecessary legal costs and expenses.

“By way of further response, PID's ultimate parent, [CDI], through its subsidiaries, has employed similar tactics against horsemen's organizations like PAHBPA in other states. In any event, PID is not entitled to the declaratory judgment it seeks, as the underlying contractual disputes between PAHBPA and PID clearly fall within the scope of the arbitration language of the PID Live Racing Agreement…

“PID has breached and continues to breach the Live Racing Agreement, which breaches are the subject of the underlying claims PAHBPA has elected to submit to arbitration….PID has manufactured this 'controversy' over arbitrability out of whole cloth, and the complete lack of support for PID's strained positions indicates that PID's Complaint may have been filed for an improper purpose, particularly when viewed in the context in which PID commenced this action.”

The filing continues: “By way of example only, and upon information and belief, PID has purposely understaffed the wagering locations within the racetrack enclosure at Presque Isle Downs, thereby making it more difficult to place wagers within the racetrack enclosure and encouraging patrons to place wagers through PID's electronic wagering system instead.”

Back on June 24, PID's initial complaint stated that “PAHBPA's asserted allegations of breach are nothing more than a money grab without legal merit….PAHBPA's asserted allegations are an attempt to renegotiate through arbitration a long standing contractual provision, that with the benefit of hindsight and changed circumstances, they now disfavor.”

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Presque Isle Takes HBPA to Court to Keep ADW ‘Money Grab’ from Arbitration

Federal court documents filed June 24 show that Presque Isle Downs and Casino (PID) and the Pennsylvania Horsemen's Benevolent and Protective Association (PAHBPA) have been locked in an ongoing dispute over the revenue sharing of advance-deposit wagers (ADW).

The disagreement centers on allegations by the PAHBPA that over the past several years, PID–whose corporate parent is Churchill Downs, Inc., (CDI)–has been steering on-track patrons to make bets through ADW platforms like TwinSpires that are controlled by another CDI-owned entity, the Churchill Downs Technology Initiatives Company (CDTIC).

Allegedly, PID is not treating those on-property bets that come through CDTIC platforms as “on-track wagers” that would provide greater revenue for purses.

Additionally, the PAHBPA is arguing that the source market fee (derived from ADW bets made by in-state residents) that PID agreed to with CDTIC is too low in comparison to industry standards.

Because of this, according to court documents, the PAHBPA is seeking “in excess of $75,000 beyond the contractually negotiated and agreed on percentage of revenue sharing as to source market fees.”

On Feb. 3, 2020, the PAHBPA's attorney, Jan Budman II, sent a “demand for arbitration” letter to PID in an attempt to settle the matter.

“PID has breached and is currently breaching [sections of] the Live Racing Agreement as a result of patrons located at PID placing wagers through PID's 'racing vendor' and corporate affiliate CDTIC as opposed to in the racetrack enclosure at PID,” Budman wrote. “PID has perpetuated these breaches through messages and other marketing encouraging patrons to place wagers through PID's corporate affiliate CDTIC instead of in the racetrack enclosure, which, incidentally, also violates [the Pennsylvania Horse Racing Industry Reform Act].”

Although the two sides organized grievance committees to try and hash out a solution during 2020, now, more than 16 months after that demand letter was written, PID has filed a federal lawsuit that seeks to block the PAHBPA's “unsupported allegations” from going to arbitration.

According to PID's civil complaint initiated Thursday in United States District Court (Eastern District of Pennsylvania), PID also wants the PAHBPA to pay for the legal costs the racino is incurring to have the court assert in a declaratory judgment that “there is no claim(s) to submit to arbitration under the narrow arbitration clause agreed to by the parties in the Live Racing Agreement.”

“PAHBPA's asserted allegations of breach are nothing more than a money grab without legal merit,” the complaint contends. “Rather than raising questions as to PID's compliance with the terms of the Live Racing Agreement, PAHBPA's asserted allegations are an attempt to renegotiate through arbitration a long standing contractual provision, that with the benefit of hindsight and changed circumstances, they now disfavor. In essence, PAHBPA alleges that the source market fee received by PID from the collateral agreement is too low.”

The complaint continues: “PAHBPA's asserted allegations take issue with PID's collateral agreement, but the Horsemen never negotiated into the Live Racing Agreement any consent or veto rights concerning the source market fee flowing to PID from the collateral agreement. Further, the Live Racing Agreement does not set a required rate or amount for source market fees that PID must receive from a vendor….

“[P]rior to the collateral agreement, PAHBPA received no money whatsoever from a source market fee under the Live Racing Agreement. In contrast, what PAHBPA did negotiate into the Live Racing Agreement was that if PID received a source market fee from a vendor, then PAHBPA would get a fixed percentage of that source market fee. PID has paid to PAHBPA that contractually negotiated percentage of the source market fee it receives from the collateral agreement.”

It's important to note that the original version of the live racing contract between the two parties was inked 12 years prior to CDI's 2019 purchase of PID, although that document has since been amended seven times, most recently on May 1, 2021.

A TDN email to Budman seeking comment on the lawsuit on behalf of the PAHBPA did not yield a reply prior to deadline for this story.

However, in his 2020 demand letter that PID included in its court filing as an exhibit, Budman wrote that PID was not dealing in good faith with specific regard to the track and its ADW provider both being controlled by the same corporate parent.

Budman wrote that PID “attempted to exploit the language of the Live Racing Agreement by agreeing with its own corporate affiliate CDTIC to terms in the Vendor Agreement that would deprive PAHBPA benefits under the Live Racing Agreement. The payment terms under the Vendor Agreement are clearly not commercially reasonable and were not the result of good faith or arms' length negotiations…”

“[I]nstead, the Vendor Agreement is a self-serving intercompany transaction between closely related entities that was clearly designed to enrich CDI (the common parent of PID and CDTIC) at the expense of PAHBPA and its members.”

In its lawsuit, PID countered that “PID does not own the majority of CDTIC. CDTIC is a separate legal entity from PID.”

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