Pennsylvania Grants Owner 'Jail-Time' Waiver

Thoroughbred owner Jerry Jamgotchian, who is suing the Indiana Horse Racing Commission over so-called "jail-time" claiming rules, has received a waiver of the rule from Pennsylvania for a horse he recently claimed there.

"Jail-time" rules require connections who claim a horse and wish to race that horse out of state to wait a set amount of time before they're allowed to race. Jamgotchian believes the rules go against federal law, commerce laws, and others, and has pursued litigation to have them overturned.

On Sept. 1 Jamgotchian, who owns more than 50 Thoroughbreds, e-mailed a letter to Pennsylvania Horse Racing Commission bureau director of Thoroughbred racing Thomas Chuckas Jr. requesting the state's jail-time rule be waived. In Pennsylvania the rule prohibits racing a claimed horse out of state until the meet at which it was claimed concludes. 

Jamgotchian requested Pennsylvania waive the rule for Super Humor, claimed for $25,000 by trainer Eric Reed 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 was not waived, he would sue in federal court.

Chuckas responded with an e-mail the same day, granting Jamgotchian the waiver.

"On behalf of the Pennsylvania State Horse Racing Commission, I am granting your request to waive the provisions," Chuckas wrote. "The commission believes the issuance of the waiver in this case is in the best interest of horse racing in the commonwealth."

A call to Chuckas from BloodHorse was referred to a commission spokesman who did not say if the granting of the waiver meant the state would be backing off the jail-time rule. William Nichols, speaking on behalf of the racing commission, said the state's rule allows for a waiver request and that it was made and granted. He did not elaborate on why this waiver was in the best interest of racing in Pennsylvania.

Jamgotchian was pleased with the decision.

"What they did should be applauded and I respect them for it," the owner said. "They are trying to do what's right—for a change—unlike Indiana and other states that I will sue to get in compliance. We need to eliminate claiming jail rules."

In an e-mail back to Chuckas, Jamgotchian wrote, "I thank you for waiving the provisions in Rule 163.255. It shows me that the Pennsylvania Racing Commission desires to take a leadership role in this matter and wants to do what's right. I look forward to racing many more horses in Pennsylvania and appreciate your recognition that the waiver is in the best interest of horse racing in the commonwealth. 

 

"Your timely decision is a very important one and I assure you that it will have a very positive influence on your state and its racing program."