Owner Aims to End 'Jail Time' Restrictions

Owner Jerry Jamgotchian has filed a civil case in U.S. District Court that argues an Indiana rule that requires horses claimed in the state to wait at least 60 days before racing outside Indiana is invalid under federal law.

In the case, electronically filed this week in U.S. District Court in Indianapolis, Jamgotchian and trainer Eric Reed are seeking declaratory and injunctive relief as they argue Indiana's "jail time" rule on claims racing out of the state violates, "the commerce, the privileges and immunities, the due process, and the equal protection clauses of the United States Constitution."

The suit names the Indiana Horse Racing Commission, its executive director Mike Smith, commission members, stewards, and an Indiana Grand racing official as defendants. Smith could not immediately be reached for comment Sept. 1.

This is not the first time Jamgotchian has legally challenged the validity of such state restrictions on claimed horses. He unsuccessfully challenged Kentucky's restrictions to that state's Supreme Court and he is seeking a hearing before the U.S. Supreme Court in that case. Jamgotchian is committed to overturning state "jail time" rules.

"I got home-towned in Kentucky all the way up to the Kentucky Supreme Court, so this time I'm going to federal court. As soon as I get a federal ruling on this thing, then we'll see what the states will do," said California-based Jamgotchian, who owns more than 50 Thoroughbreds who race throughout the country. "There won't be any more claiming jail time when I'm done. I don't care what it takes or how many states I have to sue. I'm going to change it."

The specifics of the Indiana case follow Jamgotchian's claim of the Thoroughbred Majestic Angel for $25,000 out of a June 17 race at Indiana Grand. In the case outline, the plaintiffs say an Indiana Grand racing official told the West Virginia stewards that Majestic Angel was clear to be entered in a July 17 race at Mountaineer Casino Racetrack & Resort, where the filly finished second and earned $3,240.

After the race, a representative of the Indiana stewards informed the West Virginia stewards that Majestic Angel had not been cleared to race. Following that phone call, the West Virginia Racing Commission cited Jamgotchian and Reed for violating the Indiana rule, and issued a hearing notice that could subject the pair to sanctions, including possible license revocation. 

Also, according to the case outlined by the plaintiffs, Jamgotchian claimed two other horses in August at Indiana Grand and track officials told him he would be granted permission to race the horses outside of Indiana during the "jail time" if the horses were entered in a stakes race. The court filing said Indiana stewards also said "jail time" would be waived for entry in a stakes race.

The plaintiffs argue that the rule provides for no exceptions, even stakes, and that by allowing "jail time" to be lifted for some horses but not all horses, the IHRC and other defendants have enforced the rule in such a way as to create an exception not included in the code. The plaintiffs argue that these exceptions are discriminatory against owners who claim horses in Indiana and wish to race them in non-stakes races outside the state.

In the court filing, the attorneys for Jamgotchian and Reed argue that the Indiana rule, "is designed to discourage and restrict commerce outside the state of Indiana in a manner which is unreasonable and eliminates the owners' and the trainers' freedom and constitutionally granted right to race his or her Indiana claimed horse in any other state (besides Indiana) during the jail time period."

Such requirements limiting when a horse can be raced after it is claimed and taken out of state are common in racing states and Jamgotchian wants that to end. On Sept. 1 he sent a letter to the Pennsylvania Racing Commission asking that they waive the state's "jail time" rule to allow Super Humor to race anywhere in the U.S., in a stakes or non-stakes race. Reed claimed Super Humor for $25,000 for Jamgotchian out of an Aug. 29 race at Presque Isle Downs.

In his letter, Jamgotchian said the Pennsylvania rule should be waived because it violates the U.S. commerce clause, reduces the value of his horse by restricting when and where it can race, and restricts his ability to sell the horse. The owner said if the rule is not waived, he plans to sue in federal court.