New England HBPA Files Federal Lawsuit

The long-standing and antagonistic battle over which horsemen’s group is the legal representative of owners and trainers in Massachusetts took another turn when the New England Horsemen’s Benevolent and Protective Associated filed a federal lawsuit against its rival alleging violations of the Interstate Horseracing Act of 1978.

The 19-page brief submitted June 9 in the United States District Court of Massachusetts names the Massachusetts Thoroughbred Horsemen’s Association, which is not affiliated with the national THA, and the Middleborough Agricultural Society, operator of the Brockton Fairgrounds, as defendants.

As plaintiffs, the New England HBPA, which has a signed purse agreement with Suffolk Downs for six days of live racing in 2016, is asking the court for a declaratory judgment that the contract for purses negotiated between the Massachusetts THA and the owners of the Brockton Fairgrounds for 15 live racing days this year is null and void because it violates the IHA by allowing the acceptance of interstate simulcasts on live races at Brockton without the consent of the New England HBPA as the authorized horsemen’s group.

The request by the plaintiffs includes, among other things, that the New England HBPA be judged the sole and exclusive horsemen’s representative; that the Massachusetts THA not be allowed to receive funds from the state’s Race Horse Development Fund; and that the rival group be prohibited from entering into any contract with George Carney,owner and chief executive officer of the Brockton Fairgrounds, for live racing in 2016-17.

The suit also claims that Carney failed to pay approximately $300,000 in state-mandated premiums owed to Suffolk Downs on Thoroughbred interstate simulcast wagers for 2014-15. Under state statute, premiums are required to be deposited into purse accounts of the horsemen.

Furthermore, the suit claims that as a condition of obtaining stalls at the Brockton Fairgrounds, horsemen must release and indemnify the owners of the track with respect to any and all liability for “all acts, including accidents at the meet due to Middleborough Agricultural Society negligence or bad acts.”

In the suit, the Massachusetts THA is accused of defaming the New England HBPA in statements on its website.

“I feel this is a frivolous lawsuit. The HBPA is trying to put another group that is trying to help the horsemen out of business,” said Chris Carney,son of George Carney and an executive with the Brockton meet. “They can’t tell me who to use for a horsemen’s association. I've never heard of such a thing in my life.

“If they win, I have to deal with the HBPA, and at that point, I wouldn’t have any bargaining rights. Basically, whatever they told me, I’d have to do. That is asinine. Because I do a deal with somebody (else) it means they don’t want me to do a deal with them? So they’re going to sue so I have to do business with them.

"This is like a marriage. When one person wants to stay married and the other doesn’t, you get divorced. And you have the right to do it. That’s the way I look at it.”

The New England HBPA contends that it attempted on many occasions to negotiate a purse agreement with the Carney family, but was rebuffed each time.

“The complaint speaks for itself,” said Frank Frisoli Jr., an attorney representing the New England HBPA. “I would characterize this suit as a suit to advance the possibility that there is (live) racing at Brockton this year. This is our last-ditch attempt to advance that meet.”

When the Carney family applied last fall to the Massachusetts Gaming Commission for a 2016 racing license, it did so with the intent to run the allowed maximum of 30 days at the Brockton Fairgrounds. Under state law, Brockton could run the maximum of 15 days each under the aegis of  two agricultural licenses held by the Carney family.

But as part of their application for a full destination resort casino license, which was denied this year by the MGC, the Carneys had to surrender one of those two licenses and now may only race under the other for the 15 days.

Nevertheless, that license is conditional. In order to become fully licensed, the Carneys were directed to secure insurance for the jockeys, achieve accreditation from the National Thoroughbred Racing Association Safety and Integrity Alliance division for fair tracks, install a Fontana safety rail, and meet other stipulated requirements.

“We’re totally moving forward at Brockton,” Chris Carney said. “We’re accepting stall applications and should have a condition book soon. We’re putting down the new (racing surface) this week and we’re putting up the rail. We’re working on insurance for the jockeys, we’re working with the MGC for the NTRA accreditation.

"We’re fixing up the barns and have about 250 stalls and will get temporary barns if we need to. We’re refurbishing the pads in our starting gate and within two weeks we hope to have the gate ready.”

Carney said he hopes to be able to make the track available for training soon and start the meet in July. Suffolk Downs, which plans a two-day racing festival one weekend per month in July, August, and September, will race July 9-10, Aug. 6-7, and Sept. 3-4.