Judge Denies Horsemen's Request Against Arlington

A federal judge  April 21 denied a request by the Illinois Thoroughbred Horsemen's Association to block Arlington International Racecourse from signing a representation contract with the rival Illinois Thoroughbred Breeders and Owners Foundation.

The ruling leaves Arlington and the Iliinois THA to resume negotiations that must produce an agreement if the track is to open on schedule May 6. With the talks at a standstill, Arlington had not opened its backstretch to horses or personnel.

U.S. District Judge Manish S. Shah noted in his order that the ITBOF remove itself from contract talks during a hearing in his courtroom the previous day.

"Before ITBOF reared its head as an alternative group, the dispute between plaintiff and Arlington was about money, and now that ITBOF has retreated, urgent equitable relief is not necessary," the judge said.

"Plaintiff (Illinois THA) and Arlington have sufficient incentives to reach an agreement, and there is no need for a court with imperfect information to interfere with parties' bargaining positions," the judge wrote. "This conclusion is necessarily based on the current record, and if the facts on the ground change, plaintiff may renew its arguments."

Shah set a status hearing for May 3.

The Illinois THA said it requested the restraining order to prevent a last-minute agreement between Arlington and the ITBOF, which would freeze out the Illinois THA from its major revenue source. Arlington general manager Tony Petrillo said track management was "dismayed" the horsemen would seek court action while talks were ongoing.

The judge said his decision was based on "both Arlington's and ITBOF's representations that there are no current negotiations between them to enter into a written agreement." He acknowledged the Illinois THA's fear that such a contract is "theoretically possible at some future point."

 

But, he said: "Only two scenarios are likely at this point: Arlington will either enter into an agreement with plaintiff or not accept interstate off-track wagers; neither outcome violates the (Interstate Horseracing Act)."

"We appreciate the court's prompt attention in rejecting this meritless, frivolous motion by the ITHA," Petrillo said. "While we regret the time and money wasted on this absurd lawsuit filed by the horsemen, we are ready to get back to work. We remain committed to our goal of negotiating a sensible and fair contract so that we may begin our race meet which is scheduled to begin May 6."

Both Arlington and the Illinois THA have expressed willingness to continue negotiations. The sides' accounts differ, however, on how productive recent talks have been. The track and the horsemen's group have been at odds for several years on a variety of issues.

The Illinois THA has represented horsemen at Arlington for 23 years and has a contract with Hawthorne Race Course for the current spring meet and coming fall meet. State law requires a contract between a track and the group representing "the largest number" of owners, trainers, jockeys or drivers."

The Illinois Racing Board has considered, but never approved, establishing a formal mechanism to handle a dispute about qualifications for representation.