NYRA Submits Amicus Brief Supporting NYGC in Rice Case

The New York Racing Association has been granted permission by New York State Supreme Court Justice Mark L. Powers to appear as amicus curiae in the Matter of Linda Rice v. New York State Gaming Commission and submit an amicus brief on behalf of the Gaming Commission.

It is believed this the first time NYRA has provided an amicus brief in this type of disciplinary case.

In the 13-page brief, which was accepted by Justice Powers, NYRA detailed its opposition to Rice's motion for a preliminary junction blocking the Gaming Commission from revoking her trainer's license for at least three years and fining her $50,000 for receiving the names of entries in races before the cards became final.

"NYRA respectfully urges the Court to consider her request for preliminary injunction relief in light of the intense public interest in protecting the integrity of Thoroughbred racing and the public's continued confidence in its operations and legitimacy, and deny the motion," NYRA concluded in the brief.

NYRA contended that "because Petitioner (Rice) fails to establish any likelihood of success on the merits of her claim, the Court need not consider the equities or public interest implicated by this proceeding. Nevertheless, the public interest and equities heavily weigh against enjoining the Commission from enforcing its penalties against Petitioner and, as such, provide independently sufficient grounds to deny the injunctive relief request.

"The relevant equitable considerations in this proceeding extend beyond potential hardships to parties themselves and implicate public policy considerations regarding the integrity of Thoroughbred racing and the protection of the wagering public. This proceeding also implicates the interests, obligations, and reputation of NYRA, a non-party with an independent obligation to 'preclude the appearance or the fact of impropriety' in Thoroughbred racing."

Following the Gaming Commission's June 7 unanimous 5-0 vote to immediately suspend and fine Rice, her attorney, Andrew Turro, sought an injection to block it saying, "We are very troubled by the commission's determination with respect to the racing office information issue because it is incorrect in a number of material respects. We will seek judicial review of the order as soon as humanly possible."

The case is being heard by Justice Powers in the Supreme Court of the State of New York County of Schenectady.

Due to the preliminary injunction, Rice has continued to train since the June ruling.

During the recently concluded Saratoga Race Course meet she was 13th among all trainers with seven wins from 64 starters. She also had 20 seconds and 16 thirds to compile earnings of $814,083, which were 10th-best at New York's premier meet.

Her horses placed in 67% of their starts at the Spa.