WEST VIRGINIA CIRCUIT COURT RULES IN FAVOR OF JOCKEYS LEXINGTON, Ky. (September 4, 2014) – A case that initially began in March of 2009 at Hollywood Casino at Charles Town Races (owned by Penn National Gaming, Inc. “PNGI”), has been decided in a major victory for the seven jockeys, including Luis Perez, Anthony Mawing, Dale Whitaker, Lawrence Reynolds, Jesus Sanchez, Alexis Rios-Conde, and Tony Maragh. On August 29, 2014, the Hon. Paul Zakaib, Jr. of the Circuit Court of Kanawha County, issued a ruling in favor of the jockeys, reversing and remanding the decision of the West Virginia Racing Commission’s Order suspending and fining the jockeys. The Court held that the Commission’s final order constituted “unlawful rulemaking retroactively applied” and the record was insufficient to support the findings of the Commission. The case began when seven jockeys at the Charles Town Racetrack were allegedly caught failing to weigh out properly. “Weighing out” refers to the jockeys stepping on the scales, before going out to race, to insure that their weight matches the weight assigned to the horse they are riding. On April 8, 2009, only these seven jockeys were summarily suspended by the Racing Commission, even though all other jockeys engaged in the same procedures when weighing out on the days in question. PNGI proceeded to exclude these jockeys from the racetrack on April 14, 2009. After a lengthy factual hearing and legal proceeding, the Commission suspended the jockeys for 30 days and fined them each $1,000. However, based on the arbitrary application of the rules by the Commission, under the advice of the Jockeys’ Guild and counsel, the jockeys appealed the decision to the Circuit Court. The Guild has continually supported the jockeys and was actively involved in this litigation, as well as the litigation regarding the right of exclusion. In that matter, the West Virginia Supreme Court upheld the decision against PNGI and concluded that PNGI’s efforts to exclude these Charles Town jockeys deprived them of a meaningful opportunity for judicial review of the Commission imposed penalties. The jockeys were represented and the case was tried by Charleston, West Virginia lawyers Benjamin L. Bailey and Christopher S. Morris of Bailey & Glasser. Mr. Bailey said, “We could not be happier for our brave clients. This decision vindicates their character and sportsmanship. Their long saga will benefit the entire racing community in West Virginia, setting the standards and procedures to be applied to racing licensees.” “We are pleased with the Court’s decision,” said Terry Meyocks, National Manager of the Guild. “The riders have had to fight a tremendous battle and have had their reputations called into question. We hope that this decision will set the record straight and it will be recognized that none of the jockeys violated the rules of racing, nor did they do anything that would be considered illegal or defrauding the betting public. However, it should recognized that since the circumstances of the case arose, the Guild has worked closely with the West Virginia Racing Commission in improving the rules and regulations. We have developed a good working relationship with the Commission.” During the proceeding, facts have been established that the scale was not properly calibrated and the clerk of scales, who was an employee of Charles Town, was not adequately trained in proper procedures for weighing out and weighing in the jockeys. “This could have been avoided if the racetrack would have made sure that the clerk of scales was properly trained,” said Meyocks. “All racing officials, whether it be the clerk of scales, racing office personnel, assistant starters, etc., need to have adequate experience and training.” The Guild’s legal counsel is also determining what can be done with regards to damages suffered by the individual jockeys and whether or not they can seek recovery of the significant legal fees that were expended during these years of litigation. About the Guild Jockeys’ Guild, Inc., the organization representing professional jockeys in Thoroughbred and Quarter Horse racing in the United States, was founded in May 1940 and has approximately 1150 members, including active, retired and disabled jockeys. The purpose is to protect jockeys, strive to achieve a safer racing environment, to obtain improved insurance and other benefits for members and to monitor developments in local, state and federal laws affecting the racing industry, and in particular, the jockeys. More information at jockeysguild and facebook/jockeysguild. Contact: Jockeys’ Guild 859-523-5625
Posted on: Thu, 04 Sep 2014 19:32:36 +0000
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