Trotter Bob said...

Mr Siegel makes some good points and I should have been more clear that I am referring to controlled substances. Illegal drugs, such as cocaine. Illegal use of prescription drugs, such as pain killers.

Examples of when police could be involved with something that happens on track?

If a licensed individual tests positive or appears under the influence, that can be a police matter. It's no different than when police see a person in the same condition out on a street, in a home or in the track's grandstand. They're subject to arrest and police also have sufficient cause to search the person and his surroundings.

When a horse tests positive for cocaine or similar illegal drug, it presumbably was passed (probably accidentally) by someone who handled the horse. Police could be called and initiate a search of the horses surroundings with the potential to find the source.

Beyond drug issues, I'm aware of a case where a driver physically assaulted another driver--at the track--and in view of other people. Police were not called. It was handled "administratively." What other workplace would have handled such a thing without police?

Mr. Seigel, where you and I disagree is your belief that a positive test for drugs involving a licensee is not a crime. It most certainly is. That's my point. Racing operates with a different set of rules, acting as though laws that apply off track somehow don't apply on track property.

Since I'm not an attorney, perhaps someone with a law license (Mr. Cohen?) would like to chime in on this discussion.

posted at 9:16 PM on May 2nd 2008

Don Daniels said...

Andrew,
I could be mistaken, however, believe these legal proceedings may be the reuslt of litigation entered by the owners of these horses, rather than the offense appeals?

Anybody recall?

posted at 10:55 AM on May 2nd 2008

Paul Siegel said...

Trotter Bob:

The overwhelming majority of drug positives at racetracks are for legal medications that happen to be present in the horses in unacceptably high concentrations on race day per the racing regulations. Unless otherwise specified by a state's laws, racing violations are administrative or civil matters, they are not governed by criminal law.

Technically, even EPO is an FDA-approved medication. Baking soda isn't a drug or medication at all, it is a food substance.

Now there certainly are instances where people should be charged with animal abuse, but I suspect the mere presence of a subtance in a horse's blood or urine is insufficient in and of itself to bring criminal charges against someone. There has to be some other type of evidence that can link a specific person, that horse, and the drug, such as an eyewitness who can testify to having seen the illegal drug administration.

As for human drug violations, I would like to ask you for examples of criminal prosection of individuals who test positive for drugs or alcohol, except in the case of someone operating a motor vehicle, aicraft, watercraft, etc. You just can't be stopped on the street by police and taken in for a drug test. The police must have a legitimate reason to do it.

As a racing licensee, the state can test me at random for drugs and alcohol, but again, as in the case of the testing of horses, that is an administrative, not criminal, issue. It's a violation of the terms of my license, not a violation of any criminal code.

posted at 9:41 PM on May 1st 2008

Allan Schott said...

I would suggest instituting a two tier level of penalties for serious violations. In NY, I have seen cases where someone is suspended for 60 days for a drug positive, but if they accept the penalty it is reduced to 45 days. I am not sure what the number of days should be but how about giving initial penalties double what they are now and reduce them if the person accepts the guilt. They will thnk twice about appealing a suspension.

posted at 5:12 PM on May 1st 2008

Trotter Bob said...

Racing often operates without regard for laws that seem to apply everywhere except track property. Drug violations (in people or horses) result in penalties that are much lighter than a judge would impose if the case were handled by regular police and/or animal enforcement officers. You sure don't see a racing commission sentence anyone to prison. Other than "That's the way we do it", no track or racing officials have been able to explain to me why police are left out of it.

posted at 4:19 PM on May 1st 2008

Paul Siegel said...

You know, it is nice to see you pick on someplace other than NJ for a change. :-))

In honor of the long-delayed Illinois hearings, and the trainer of one of the horses, I propose Harmering an alternative to Smedshammering. In a few days, we can talk about Burkeing.

posted at 3:57 PM on May 1st 2008