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Turfway Construction Halted Until KY Clears Up Historical Racing Ambiguity

Turfway Park’s new grandstand and historical racing machine (HRM) facility won’t get built until the state of Kentucky clears up the ambiguity surrounding the apparent illegality of that form of video gambling, which contributes tens of millions of dollars annually to purses in the state.

That news was delivered by Bill Carstanjen, chief executive officer of Churchill Downs, Inc. (CDI), in an Oct. 29 third-quarter earnings call with investors.

CDI, a gaming corporation with six Thoroughbred tracks in its portfolio, acquired Turfway last year and soon thereafter embarked upon a $200 project to revitalize the track and build an accompanying wagering facility 12 miles to the northeast. That satellite facility has recently been completed and is up and running with 500 HRMs, but the track itself is slated to begin its December-March racing season without permanent infrastructure that will be open to the general public.

On Sept. 24, the Supreme Court of Kentucky reversed and remanded a previous ruling by Franklin Superior Court that had determined that the Encore brand of HRM gaming used by some tracks constitutes legal pari-mutuel wagering. Although the court opinion applied to only that one specific brand of gaming machinery, it theoretically could apply to all makes and models of HRM in Kentucky.

The Kentucky Horse Racing Commission (KHRC) and Keeneland have already petitioned the Supreme Court for a rehearing, and elected officials have been lobbied hard by Thoroughbred interests to come up with a legislative fix to ensure that HRMs remain legal and operational.

“Regarding the Turfway Park HRM and grandstand project, we have temporarily paused the construction of this facility,” Carstanjen said. “In late September, the Kentucky Supreme Court issued a decision concerning the legality of the company called Exacta HRMs under Kentucky law. While we do not have any Exacta HRMs at any of our facilities, and therefore are not directly impacted by the Kentucky Supreme Court ruling, we feel it is prudent to refrain from further significant capital investment until the Kentucky legislature has an opportunity to review the decision and the technicalities in the current law during the legislative session starting in early 2021.

“We appreciate the support of Gov. [Andy] Beshear, the KHRC, and many legislators on both sides of the aisle who are actively reviewing and discussing this decision. While the Kentucky Supreme Court decision was technically a narrow one, we anticipate that the Kentucky legislature may consider revisions to the relevant statute in the first quarter of 2021.

“It appears there is a broad recognition that it is important and necessary to address any ambiguity to protect the thousands of jobs created by the horse industry, the purse money that is generated for the benefit of the horsemen and the downstream Kentucky breeding and related farms, and the millions of dollars in annual tax revenues that are generated by HRMs for funding various programs in our state,” Carstanjen said.

A hotel and HRM facility at Churchill Downs, the flagship property of the gaming corporation, also remains on hold. But the reason cited by Carstanjen was the ongoing COVID-19 pandemic, and not the Supreme Court ruling on HRMs.

“We remain paused on building the hotel and HRM facility at Churchill Downs racetrack until we are past the pandemic and can again model the future with more certainty. This is just being prudent with our shareholders’ capital,” Carstanjen said.

The Churchill construction pause is not new. It’s been halted since April, just after the onset of the pandemic, when Carstanjen said in another CDI earnings call that the $300-million project was on hold “until after we have completed” the 2021 GI Kentucky Derby.

Looking ahead to that 2021 Derby, Carstanjen said CDI is aiming for a return to the traditional first Saturday in May calendar spot, which falls on May 1. In 2020, the Derby got pushed back to Sept. 5 because of the pandemic.

“We do not anticipate moving off our traditional date of the first Saturday in May,” Carstanjen said. “We are starting with the assumption that we will limit the number of reserved seats to 40 to 50% of capacity, and we will delay selling any general admissions tickets which do not come with seats until we are closer to the date of the Derby.”

If circumstances surrounding the pandemic improve, CDI will revisit that plan and open up more ticketing options, Carstanjen said.

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HHR Fate Still ‘Elephant in the Room’ As KHRC Grants ’21 Race Dates

Saying he’d “like to briefly address the elephant in the room,” Kentucky Horse Racing Commission chairman Jonathan Rabinowitz opened the board’s Oct. 20 videoconference meeting by attempting to reassure the racing community that elected and appointed officials are working to find a solution to a Sept. 24 Supreme Court of Kentucky opinion that told a lower court to re-examine the legality of historical horse race (HHR) gaming.

HHR handled $2.2 billion during the commonwealth’s most recent fiscal year, and revenue from that form of gaming annually contributes tens of millions of dollars to purses at the state’s five Thoroughbred tracks. The Supreme Court’s opinion that HHR does not comply with the pari-mutuel wagering statute has imperiled that crucial source of funding.

“While I cannot say too much, I do want everyone to know that if the current Supreme Court opinion is rendered final, that this commission is committed to finding a solution,” Rabinowitz said.

“Additionally, after having numerous conversations with the governor, it’s clear that the governor and his team are committed to finding a solution,” Rabinowitz continued.

“Lastly, I truly hope and believe that this legislature is equally committed to finding a solution to this bipartisan issue in order to save thousands of Kentucky jobs, millions in tax revenue annually for the commonwealth, and to preserve the commonwealth’s signature industry as the best in the world,” Rabinowitz said.

Rabinowitz provided no specifics and there was no additional discussion of the topic among KHRC members, either directly after his statement or during the entirety of the meeting.

Chief among the various items that passed via unanimous voice vote on Tuesday was the KHRC’s approval of 2021 race dates, awarded as follows:

Turfway Park: Jan. 1-Mar. 28 on a Thursday-Sunday schedule. The Thursdays, however, are all marked “optional” on the calendar provided by a KHRC spokesperson.

Keeneland Race Course: Apr. 1-23 on a Wednesday-Sunday schedule.

Churchill Downs: Apr. 24-June 26. With the exception of the first Wednesday that falls during GI Kentucky Derby week, the Wednesday programs are “optional.” Derby week will also feature an Apr. 27 Tuesday card but no racing Sunday, May 2. A Monday, May 31 (Memorial Day) program is also added.

Ellis Park: June 27-Sept. 4. With the exception of July 1, all of the Mondays-Thursdays within that date allotment are “optional.”

Kentucky Downs: Sept. 5, 6, 8, 9, 11, 12.

Churchill: Sept. 15-Oct. 3 on a Wednesday-Sunday schedule, with the Wednesdays “optional.”

Keeneland: Oct. 8-30 on a Wednesday-Sunday schedule.

Churchill: Nov. 3-28 on a Wednesday-Sunday schedule.

Turfway: Dec. 1-31 on a Wednesday-Sunday schedule; Wednesdays “optional” and no racing Dec. 24 and 25.

Susan Nash, the KHRC’s executive administrative secretary, said that, “I’d like to point out that the total number of requested Thoroughbred dates for 2021, compared to what was awarded in 2020, shows as a negative one [date], representing a decline from last year.”

But Nash explained that’s because Keeneland’s request to host the two-date Breeders’ Cup meet this year bumped up the state’s 2020 total by two dates from 2019, “so consequently, there is actually an increase of one day for 2021” when the two Breeders’ Cup dates are removed from the equation.

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66-Year-Old Perry Ouzts: ‘As Long As I Can Keep Winning, I Will Keep On Riding’

On his way to and from Keeneland's Jockey Quarters for Sunday's first race, 66-year-old rider Perry Ouzts received a series of shout outs and congratulations from those on hand at the Lexington, Ky., track. The accolades were for his latest milestone: becoming North America's sixth all-time leading rider by wins on the Oct. 9 closing-day program at Belterra Park near Cincinnati.

The victory that day was the 7,142nd of Ouzts' career, pushing him one win ahead of Hall of Famer Chris McCarron and holding him steady as the leader among active jockeys. Congratulations arrived via texts, calls and videos from numerous fans, including McCarron and Hall of Famer Pat Day, while an especially meaningful greeting came from retired trainer W.J. Danner, who provided Ouzts with his first victory on April 2, 1973, at Beulah Park in Ohio.

Ouzts' Keeneland mount on Sunday, Maurice Miller's homebred It's Summer, finished fifth.

“It is very special to come to Keeneland, but it is harder to win,” said Ouzts, who has ridden here sparingly during his career and has five wins. “Horses at Keeneland are a much higher level than the ones at Belterra.”

Ouzts will be at Keeneland a little in the coming days. In Friday's second race, he is named to ride Jerome Russell and Kristina Russell's She's No Drama.

Sunday's ride aboard It's Summer was business as usual for Ouzts, who said he pays little attention to his statistics. With no plans for retirement, Ouzts expects to compete this winter in Northern Kentucky at Turfway Park, where he has been a regular for nearly 50 years. His summer base is Belterra (formerly River Downs.)

“I get through the day, turn the page and go to the next day,” said Ouzts, who attributes his success to dedication, determination, desire to win – and a naturally light physique.

On the list of all-time leading riders by wins, Ouzts trails only Russell Baze (12,842 wins), Laffit Pincay Jr. (9,530), Bill Shoemaker (8,833), Pat Day (8,803) and David Gall (7,396).

“I have never found anything else that gives me that thrill (of winning) every time, no matter if it is an (ordinary) race or a stakes race,” Ouzts said. “I get that same thrill every time. That is what keeps me going. As long as I can keep winning, I will keep on riding.”

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More Ky Outfits to Winter at Turfway Despite Muted Purse Projections

Turfway Park, currently in the midst of being demolished and rebuilt under new corporate ownership, is projecting 2,400 applications for 900 stalls for the upcoming 52-date combined holiday, winter, and spring meets that will open Dec. 2.

But even though a larger-than-usual number of Kentucky racing outfits are expected to remain at Turfway for the winter instead of shipping out to warmer-climate race meets, track officials told members of the Kentucky Thoroughbred Development Fund (KTDF) advisory committee during an Oct. 6 video meeting that purse expectations should be tempered because of decreased earnings projections, the COVID-19 pandemic, and ongoing construction work that will leave the facility without a grandstand for the entirety of its winter/spring racing season that runs through March.

It was one year ago this week that Churchill Downs, Inc. (CDI), announced its agreement to buy Turfway and invest $200 million in acquisitions and reconstruction costs that include a new Tapeta synthetic racing surface, a new grandstand and clubhouse, and an off-site wagering facility 12 miles to the northeast in Newport that will house simulcasting and historical horse racing (HHR) gaming machines.

Tom Minneci, the senior director of finance at CDI, told the KTDF board Tuesday that “we’re trying to get as close as we can to what we offered last year” in daily average purses at Turfway.

That would put the baseline maiden special weight purses in the ballpark of $46,000-$48,000 per race.

But Bill Landes III, the chairman of the KTDF advisory committee, who represents the Kentucky Thoroughbred Owners and Breeders Association (KTOB) on the board, cautioned to journalists reporting on the meeting that “I don’t know how actively I would report on that number” until more precise financial figures and a condition book are provided by CDI and Turfway officials.

J. David Richardson, who also represents the KTOB on the KTDF advisory committee, noted that “if you just listen to the rumble…there’s a big feeling that this is going to be a lot different than last year,” with numerous outfits making plans to stay in Kentucky for the winter.

But, Richardson added, “I think there are some people whose expectations may be a little out of line with reality” considering all of the unknowns in the purse equation.

Minneci explained that “We are projecting lower earnings this year because of the funding [that Turfway received] last year from [CDI-owned] Derby City Gaming. But we will get funding from the new facility there in Newport. So the projected daily earnings are just under $41,000. Last year, with the funding from Derby City Gaming, the daily earnings were just north of $64,000.”

Turfway’s current balance of KTDF funding is zero, Minneci said. The track requested between $1.9 and $2.4 million from the KTDF, and the board unanimously approved that request to be recommended to the full Kentucky Horse Racing Commission (KHRC) for final approval at its Oct. 20 meeting.

The KTDF is funded by three-quarters of 1% of all money wagered on both live Thoroughbred races and HHR gaming, plus 2% of all money wagered on Thoroughbred races via inter-track wagering and whole-card simulcasting.

The KTDF board on Tuesday did not address last week’s Kentucky State Supreme Court opinion regarding the apparent illegality of HHR that got remanded back to a lower court. HHR in Kentucky raked in $2.2 billion in revenues during the most recent fiscal year, and that form of gaming contributes tens of millions of dollars annually to purses.

Nevertheless, Turfway general manager Chip Bach said his track is forging ahead with plans for the upcoming racing season. He outlined the timing of operations and disclosed a few tweaks that are in the pipeline to try and improve both the product and the amenities.

Turfway’s stabling opens Nov. 1, with training starting Nov. 3. The December “holiday” meet will consist of 13 programs, and Bach said Turfway has a request pending with the KHRC to switch its schedule from night racing on Wednesdays-Saturdays to nights on just Thursdays and Fridays and afternoons on Saturdays and Sundays.

The 39-date 2021 winter/spring meet picks up in January and will run through March (dates to be approved).

“Obviously, we will not have a grandstand,” Bach said. “We will have space for wagering…for the owners and trainers that come to see their horses run. But we will not have any public space available. And at the present we’re working on those temporary structures and systems to conduct a live race meet, [like] judges’ booths [and] photo-finish” facilities.

Bach added that, “We will be open at Newport Racing and Gaming, so we will have a [place to generate the] live handle” that helps to fund the KTDF.

“The Tapeta is in and ready to go,” Bach said. “There are a couple of things our maintenance team has to do in terms of turning it over every couple of weeks, but it’s ready to go right now. It’s beautiful. We’re excited. The Polytrack, of course, was worn out, and we’re really excited to see how this performs.”

Turfway, despite its name, has never had a turf course. But it CDI has designed plans to add an inner, seven-furlong dirt track at a later date if the gaming corporation wants to.

“As the new facility is being built, we are taking into consideration the ability to put a dirt track on the inside [of the Tapeta track],” Bach said. “I do not believe that is being contemplated for the first full year that we are open, but we will have the ability to create that dirt track. The lighting and all the electrical work is being designed to not only support the Tapeta one-mile track, but also a seven-eighths dirt track should we move forward with it.”

Marty Maline, the executive director of the Kentucky Horsemen’s Benevolent and Protective Association, said most outfits are looking forward to wintering at Turfway, although he added that some long-time stables from Ohio that have traditionally supported winter racing in Kentucky could be out of luck in terms of getting stalls.

“There’s a lot of excitement, A lot of people are deciding either to keep a string here or [stay] exclusively here,” Maline said. “I know some of those Belterra guys who have been there through thick and thin will probably be jettisoned off, I would imagine, because there are some very strong outfits that are contemplating staying all winter.”

Also at Tuesday’s KTDF board meeting, Minneci told the board that Churchill Downs is “hoping to have spectators here at the track, depending what happens with COVID-19 and positivity rates” during its 24-date, Oct. 25-Nov. 29 meet.

Ben Huffman, the director of racing at Churchill, said “I’m really close to finalizing the condition book, probably by [Tuesday] evening or [Wednesday]. We’re trying to get the MSW [purses] here for the fall meet somewhere between $80,000 and $85,000.”

The board unanimously approved $3 to $3.5 million in KTDF funding for Churchill’s fall meet, pending the subsequent finalization by the KHRC.

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