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Maryland racing on brink of shutting down

Posted: Tuesday, December 21, 2010 10:35 PM

by John Scheinman

In a decision that effectively shuts down the Maryland Thoroughbred racing industry and puts the Preakness Stakes (G1) in jeopardy, the Maryland Racing Commission voted Tuesday to reject a heavily conditioned proposal by the owners of Laurel Park and Pimlico Race Course to run 146 days of live racing in 2011.

After a four-hour meeting, when it was clear before the unanimous vote the commission would not support the plan, Maryland Jockey Club President Tom Chuckas offered to conduct 77 days of live racing without the conditions mentioned in the proposal, but the commission also rejected that proposal.

The decision means that effective January 1, live racing, simulcasting, and off-track betting will cease in the state. The Laurel fall meeting concluded December 18 with the track’s winter meeting scheduled to begin January 1, but that will not occur without an agreement.

It is unclear whether Ontario-based MI Developments Inc. and Pennsylvania-based Penn National Gaming Corp.—which co-own the tracks—will shutter Laurel Park and the Bowie Training Center and evict the 300-plus backstretch workers and 1,541 horses living on the grounds.

The vote also threatens the future of the Preakness, the second jewel of American Thoroughbred racing’s Triple Crown series. The race, first contested in 1873, drew 95,760 fans in 2010 and has an estimated economic impact on the state of Maryland of about $1.5-billion, according to a 2009 report.

Before a crowd of approximately 450 inside Laurel Park’s carriage room, leaders of the Maryland Thoroughbred Horsemen’s Association and Maryland Horse Breeders Association urged the commission to reject the proposal and deny an operating license to the MID-Penn partnership even though that would jeopardize their livelihoods.

“The agreement is unacceptable,” said Alan Foreman, general counsel for the MTHA. “That means if there is no live racing on January 1, we’re sorry for that, but it’s not a mess of our making.”

The commission voted 8-0 at its monthly meeting not to accept plan and afterward members said it might be difficult to get a quorum together for a possible emergency meeting because of the holidays if a new proposal was put together.

Asked if he believed the Preakness would be run next year, commission chairman Louis Ulman said, “I’d say no.”

On Monday, the track owners submitted a plan to the commission that had previously been seen by leaders of the horsemen and breeders offering to run 146 days of live racing in 2011 with a series of conditions that included:

·   Control of simulcasting rights in the state;

·   A $1.7-million contribution toward daily operations from the Maryland Thoroughbred Horsemen’s Association;

·   The horsemen’s commitment to lobby the state legislature for the approval to shutter the Bowie Training Center as well as permission to redirect funds from the Racetrack Facility Renewal Account toward daily operations; and

·   The right to raise the takeout and increase their share of the purse structure in the state.

On top of the conditions, the owners wanted a guarantee they would make money on racing operations or have the right to “cease racing operations prior to the end of the 2011 race meet,” according to the documents submitted to the commission.

“I want to plead with the horsemen and plead with the racing commission, we alone can’t fix it,” MI Developments founder and Chairman Frank Stronach said at the meeting. “I’ve never asked for government money, but for management, it’s the right thing to do, but for year after year, we can’t lose money.”

Stronach repeatedly reiterated his commitment to the sport and pointed out that he had spent close to $40-million to remodel Laurel Park, including both the track’s racing surfaces. However, he found only hostility toward him and his stewardship of the Maryland tracks in the room and wound up leaving before the commission had voted.

“I haven’t taken a single dollar out of Maryland racing,” he said before he left. “I’ve only put money in and gotten beaten up.”

In a long presentation, Foreman detailed how Stronach had overseen the decline of Maryland racing, culminating with his company’s failure to put up $28.5-million required to bid on a slots license for Laurel Park in 2008.

“This is an insult to Maryland racing,” Foreman said. “Their current ownership has brought Maryland racing to ruin.”

After MI Developments took control of its subsidiary Magna Entertainment earlier this year in bankruptcy court, the company partnered with Penn National Gaming, selling half ownership in the tracks for $26.3 million. A failed bid via referendum to reopen the slots bidding in Anne Arundel County was defeated by voters November 2.

On November 29, the MID-Penn partnership proposed a sharply curtailed racing schedule of 47 days for 2011 but was rejected as was recognition of Penn National’s right to be licensed in the state.

The track owners and racing stakeholders met repeatedly, including with representatives from the office of Gov. Martin O’Malley, without reaching consensus on a new deal before the latest proposal was presented and defeated.

“It’s disappointing the parties involved could not reach an agreement,” O’Malley said in a statement after the commission vote. “We are prepared to aggressively protect the state’s interests, as we did two years ago when presented with the threat of losing Maryland’s treasured Preakness Stakes. We will continue to explore the legal options available to us.”

One of those options is the right to exercise eminent domain and seize the tracks and auction them to the highest bidder. In recent weeks, the governor had said that option was not under consideration.

Several people who testified before the commission at the meeting urged the commissioners to recommend the state act.

Tom Bowman, president of the Maryland Stallion Station in Chesapeake City, said it is impossible to know even who to negotiate with among the owners of the tracks.

“It’s like trying to get a hold of an eel,” Bowman said. “Every time you try to get a hold of it, it slips away. We don’t ever know who, exactly, we’re negotiating with.”

Breeder Cynthia McGinnes, of Thormar Farm, in Chestertown, charged that Penn National has no desire to see Maryland racing succeed because its two “flagship” properties, Hollywood Casino at Charles Town Races in West Virginia and Penn National Race Course in the Capital Region of Pennsylvania, are in neighboring states.

Penn National Chairman Peter Carlino responded, “Our motives are to build a great future in Maryland. What we’ve asked you to approve is a short racing schedule that allows us to break even, and allows us to get to a better solution. Our motives are sincere … but we’re not going to commit a public suicide.”

MI Developments and Penn National said the Maryland Jockey Club lost $7-million last year.

In recent meetings, the MTHA agreed to contribute the $1.7-million toward operational costs but refused to give up their simulcasting rights. Horsemen and breeders control the export signal from the host track by federal law.

What happens next is unclear. Foreman said the horsemen would accept a guarantee of 146 days of live racing in 2011 without conditions, save for the call to contribute to operating expenses. Asked about the possibility of reaching a deal under those conditions, Penn National Vice President of Public Affairs Eric Schippers said, “We hope to digest what happened today, which was a harsh outcome.”

Both Stronach and Schippers said neither side in the partnership has considered exercising a “buy-sell trigger” written into the contract arrangement.

Commission member Mary Louise Pries said, “I still see a glimmer of hope around here. I am probably the one who worries most about continuity. I urge those who have power to continue to talk about it.”

John Scheinman is a Thoroughbred Times correspondent based in Washington, D.C.

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Posted by: Robert, Hollywood, FL on December 24, 2010 at 11:38 AM

Big Willy H
You bring up a valid point concerning the albatross's [F Stronach] roots in Austria. Next time you watch "The Sound of Music" check out the BOOTS on the messenger boy who was a memember of the Third Reich Youth Force, I believe you'll notice 'STRUFLEX' sticking out from his soles

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Posted by: Guido, Bronx, NY on December 23, 2010 at 07:59 PM

I just hope when MI and Stronach are finally destroyed the powers too be TAKE back our Preakness Trophy by force if neccesary. That SOB doesnt deserve and never did deserve to have it.

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Posted by: Robert, Hollywood, FL on December 22, 2010 at 12:21 PM

Where has 'Frank Stronach" taken any dollar out of any of his dysfuntional racing enterprises? Perhaps if you you hired competent qualified people to operate your tracks, stopped micro-managing and developed some continuity you eventually might turn a profit
EX: [Gulfstream - 4 different Racing Secretaries last 5 yrs, 3 different Presidents of Racing the last four years - currently with a former 'Jockey / Trainer' with NO formal business educational credentials [college], or general business acumen, to lead Gulfstream out of the $325g dept over-run left by last years clown.

The only way Thoroughbred Racing will ever grow and flourish again, is when Stronach and MI. is bought out and removed from the industry. I believe that won't happen in the near future, for just as a child won't stop playing even though he's aware of the mess he's carring in his diapers, Stronach can't smell the 'stink' he's brought upon a once great game.He is the albatross straddling Thoroughbred Racing.
Good luck to the Maryland Horsemen, you have all of Florida Horsemen's sympathy

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Posted by: bill, covington, LA on December 22, 2010 at 11:47 AM

Good piece on a sad topic, John. I haven't seen anything from Josh Pons on this situation. I'd like his take on it. I can't believe we may not have a Preakness this year.

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Posted by: Bill, Silver Spring, MD on December 22, 2010 at 09:48 AM

Maryland used to be a great place to do business. Cars, trucks, tires, steel, airplanes and a multitude of other products used to be manufactured here. Now, we manufacture government workers and welfare cases. The Democrats who run this State have now killed racing, too, though they'll attempt to blame everyone else.

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