Roy Manfredi | Horse Racing Free Tips

New Mexico Horsemen Frustrated As Zia Park Fails To Open For Training As Scheduled

According to a contract with the New Mexico Horsemen's Association, Zia Park in Hobbs, N.M. was to have opened for training on Wednesday, Sept. 15. Instead, horsemen were turned away from the racetrack due to the lack of a staffed ambulance on-site.

NMHA President Roy Manfredi told the Paulick Report that the horsemen's attorney contacted Zia Park's attorney, who relayed that the county's only EMT had been pulled away by a family emergency, thus the track was unable to provide an EMT for morning training.

Racing at Zia Park is scheduled to begin on Sept. 26, but video posted on social media showing the track's backstretch appears to demonstrate a lack of preparedness for the meet. Manure is still piled up, and large weeds have taken over much of the backstretch area.

“When you see the condition of the backside, it doesn't appear they planned on running,” Manfredi said.

The contract between Zia and the NMHA dictates that trainers be allowed onto the backstretch on Sept. 9 to begin preparing their stalls, and that horses be allowed to ship in on Sept. 12 while training was to begin on Sept. 15. Now, the latest information indicates that it may not be until Saturday that the track is open for training.

In addition to the lack of an EMT, no outriders have arrived at the track to oversee safety during training hours. Both deficits are in direct violation of New Mexico Racing Commission rules.

However, the racing commission and the horsemen's association are engaged in an ongoing legal battle, with the horsemen charging the regulatory body with depriving racehorse owners and trainers of their civil rights and other violations, and thus no direct contact between the parties is allowed.

“It's my contention that this is a racing commission problem, because they're in violation of racing commission rules,” said Manfredi. “We have had our attorney send a letter to the racing commission's attorney, asking them to step in, and we're waiting to hear back.”

Another issue brought forward by Zia Park, according to Manfredi, is the rise of COVID-19 cases in New Mexico. Governor Michelle Grisham is expected to announce new mandates on Thursday, Sept. 16, and Manfredi said the NMHA will issue directives to its members to follow those mandates.

If Zia Park continues to fail to meet the directives stipulated in its contract with the horsemen, the NMHA has the option to pull the simulcast signal from the track.

“We're not there yet,” Manfredi said.

Images showing the backstretch of Zia Park on Wednesday, Sept. 15

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New Mexico Horsemen’s Association Holding ‘Racing Summit’ July 24 At Ruidoso Downs

The New Mexico Horsemen's Association is holding a racing summit at Ruidoso Downs with industry stakeholders on Saturday, July 24, at the racetrack chapel from 9:30-11:30 a.m. MT. All interested parties, including horseplayers and racing fans, are welcome to attend. A question and answer period will be conducted after the presentations.

A variety of speakers have been scheduled, including opening remarks on “The Importance of Horseracing to the New Mexico Economy” from state Rep. Candy Spence Ezzell. Gary C. Mitchell, P.C., attorney for the horsemen's association, will give a legal update, and a history of the NMHA will be reviewed by NMHA president Roy Manfredi and NMHA board member Larry Strain (both horse owners).

Benevolent functions of the NMHA will be outlined by Terri Montoya, NMHA administrative assistant. Montoya will also discuss “purse funds vs. owner funds” with trainer Lynette Baldwin, a horse trainer and NMHA member.

For any question, contact NMHA executive director Richard Erhard at nmhastate1@aol.com.

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Horsemen File Federal Suit Against New Mexico Commission

Edited Press Release

The New Mexico Horsemen's Association filed suit against the New Mexico Racing Commission in federal court late Monday, charging the regulatory body with depriving racehorse owners and trainers of their civil rights and other violations. The horsemen seek compensatory damages, legal fees and other relief the court deems appropriate.

“The horsemen finally said, 'Hold it. How many constitutional laws can you continue to violate? How many statutes can you continue to ignore?'” said Gary Mitchell, attorney for the New Mexico Horsemen's Association (NMHA). “The horsemen said, 'Enough. We don't have any other place to go but federal court. We need this to stop.'”

The NMHA, which represents about 4,000 Thoroughbred and Quarter Horse horsemen in New Mexico, already has two lawsuits pending in state court against the New Mexico Racing Commission (NMRC).

Previously precluded from communicating with the commission, contacting any commissioners or attending the regulatory agency's public meetings on, the NMHA turned to the federal court–filing against the NMRC, as well as the individual commissioners–under Section 1983 of the Civil Rights Act and the New Mexico Tort Claims Act. The action creates the potential for individual members of the commission to be held personally liable.

“The commissioners are deliberately attempting to do away with the horsemen's association,” Mitchell said. “We're prepared to prove, in court, that this is being done intentionally. They haven't hesitated to do everything in their power to shut out New Mexico's horsemen, and ultimately shut down the NMHA.”

The NMHA filed suit in the Second Judicial District Court in Bernalillo County in December to stop the commission's years-long practice of taking horsemen's purse money to pay the racetracks' liability insurance on jockeys and exercise riders, in clear violation of state law. The NMHA stated the funds amount to over $8 million. The horsemen returned to court in May after the commissioners ordered tracks to shut off the NMHA's revenue stream, derived from access to funds horsemen have earned from purses.

According to the NMHA, the funds in question are used to pay medical fees for its members, the NMHA's Political Action Committee and administrative costs, including the oversight of the purse account for the horsemen and the state's five racetracks.

“We have never taken money from the purse funds to benefit our organization,” Mitchell said. “In fact, we took our own money to pay for the accounting, collection, management, dispersal and annual audits of how this money is handled. The taxpayer was not paying for us to do all of this. We were doing it for free, paying for it through contributions from our members, and the commissioners now say 'stop.'”

He continued, “They wish to get their hands on this money and use it how they see fit–which is basically to pay the costs of running the racetrack, thereby allowing more money to go into the casinos' pockets. Sadly, the commission, which is supposed to be fair and equal to everybody, sees no obligation to be fair to the horsemen.

“Allowing gaming at racetracks in New Mexico was done to save racing,” Mitchell said. “The racetracks cannot have gaming unless they have racing. The law is very clear about it. The gaming compact is clear about it. The Gaming Control Act is clear about it. The Horse Racing Act is clear about it.”

Additionally, the NMHA states that funds have been directed into owners' earnings based on race results.

“When the race is run, the purse is paid and that now becomes the winning horseman's money,” said long-time racehorse owner and NMHA President Roy Manfredi. “By their actions, the racing commission has taken away the NMHA's ability to provide financial assistance to horsemen in need. That's the same as saying you cannot donate to the March of Dimes, the NRA or any other organization, simply because your employer doesn't like the March of Dimes or the other organization. Once the money is paid to an individual who owns a horse, that money is theirs and they can do whatever they want with it. During the pandemic, the NMHA provided $100,000 in alfalfa and grain to the horsemen when we weren't able to run.”

“All we've ever asked them to do is just follow New Mexico state statute, which are laws. This commission considers them suggestions.”

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