NEWS
Jamgotchian files lawsuit for necropsy reports
Posted: Monday, July 16, 2007 4:35 PM
by Pete Denk
California horse owner Jerry Jamgotchian filed a public records lawsuit against the California Horse Racing Board on Monday, seeking necropsy reports of all horses that died at California tracks from January 2006 through June 18, 2007.
The CHRB denied Jamgotchian’s request, stating the records are exempt from disclosure. Jamgotchian said he wants to use the reports to study the safety of California’s tracks.
Jamgotchian, who owns about 150 horses, lost two horses to catastrophic breakdown in California last year.
Jamgotchian’s attorney, Ronald Caswell, said he has noticed a “pattern of obstruction” from the CHRB when it comes to Jamgotchian’s public records requests, of which there have been dozens.
“These necropsy reports are public records. It’s really a black and white case,” Caswell said. “Instead of giving him the documents so he can conduct a study on his dime, they’re withholding them from him. What do they have to hide? They seem to have an unstated policy of denying access to documents across the board.”
CHRB Assistant Executive Director Bon Smith said the necropsy reports are confidential medical records.
“[Jamgotchian] has contended the horses are dead and are no longer under vet care, but the reports were written on an animal that at that moment was under vet care,” Smith said.
CHRB Equine Medical Director Rick Arthur referred to Jamgotchian’s efforts to obtain the necropsy reports as a “harassment request.”
“The only reason the necropsy reports were withheld was on the opinion of the deputy attorney general, who said they are not subject to public records,” Arthur said. “They are medical records that contain information on the history of the horse.”
Jamgotchian said he plans to pay a veterinarian to analyze the necropsy data. He said he offered to accept redacted versions, to respect the privacy of the owners.
“How can this be a nuisance request when I’m trying to get a well-recognized vet to do a study on the safety of our tracks?” Jamgotchian said. “This study should be done by the CHRB, not me. They don’t want to know what it will show.”
Filed in Los Angeles County Superior Court, this is Jamgotchian’s third public records lawsuit against the CHRB. Jamgotchian won his first case, and the CHRB was ordered to hand over 17 e-mails and pay $18,375 in attorney’s fees in October 2006.
Jamgotchian’s second lawsuit concerned e-mails sent between CHRB members and state politicians, who temporarily eliminated the CHRB’s budget because of its decision to require Bay Meadows Race Course to install an all-weather surface.
The CHRB reversed its position on July 3 and granted Bay Meadows a one-year waiver, allowing the track to conduct racing in 2008. The CHRB budget has been restored. Trial date is August 2.
Jamgotchian also has a lawsuit pending against California steward George Slender.
Pete Denk is a Thoroughbred Times staff writer
