NOTICE FOR HORSEMEN   ********** IMPORTANT**************

April 22, 2009

From: Pat Bingham, Executive Director, NMHA

On Friday, April 17, 2009,  Sunray Park sued  the New Mexico Horsemen’s Association in Federal Court to force the Horsemen to consent to the export simulcast signal for live racing from Sunray Park to racetracks out of state.  Under the INTERSTATE HORSERACING ACT,  the Horsemen have the lawful right to consent or refuse to consent  to the sending of the simulcast signal out of state.    The law envisions that the racetrack and the horsemen will negotiate issues related to the simulcast signal as well as all other issues related to racing including safety and sanitation on the backside and  track safety.

Over the past year, the Horsemen have had discussions with Sunray Park over a number of issues including a non-retaliation agreement that would protect Horsemen from discrimination for speaking out on concerns that affect the Horsemen on the backside.  As you are aware having stalls at the racetrack is a make or break issue for many Horsemen and retaliation against Horsemen at large and  Horsemen  track committee members and State Board members  would be devastating the person‘s business.  A non retaliation agreement would go a long way  toward protecting the Horsemen who elects to speak out on legitimate issues of concern.  

 Other issues of concern that have been the subject of discussion with  Sunray Park  include a request for a replay booth in the grandstand area so that  horsemen can view their races the same day that they occur; a request that Sunray Park make available Racing Forms for sale to fans who attend the races; assurances that the racetrack will be kept in the safest  possible condition for horse and rider during training and racing and;  assistance with the logistics of a place to  train after the meet ends this year. (The Downs at Albuquerque and the NMHA took the brunt of the expense regarding a facility to train horses at in 2008.  Sunray Park did absolutely nothing to help in this regard) 

Sunray Park has refused to negotiate the above referenced items with the Horsemen.  Because of Sunray Park’s refusal to negotiate these important concerns, the Horsemen decided not to consent to Sunray Park’s simulcast of  live racing to other states.  OUR POSITION DOES NOT AFFECT SUNRAY’S ABILITY TO SIMULCAST TO TRACKS THAT ARE WITHIN THE STATE OF NEW MEXICO.  The Horsemen’s position in this regard has been known to Sunray Park management for a number of months before the 2009 meet started.  

The Horsemen are ready and willing to discuss all matters with Sunray Park if they would come to the table.  As of this date  (4/22/09)  track management refuses to talk to us.

On Monday, April 20, 2009 the United States District Court for New Mexico heard Sunray’s case for a restraining order that would force the Horsemen to consent to allow the simulcast signal to go through.  The Judge denied Sunray’s request, citing the Horsemen’s legal right to withhold the signal.  In her decision the Judge stated that the Horsemen have a right to demand concessions from a racetrack through the negotiation process and that negotiations also  includes  the topic of the simulcast signal.  In this regard the Judge wrote: “[Sunray Park] has failed to demonstrate that the balance of equities is in its favor or that the public interest would be served by forcing [Horsemen] to surrender its statutorily granted bargaining power with which is could address its concerns regarding equine safety and  racetrack operation.”.

In sum, the Court did not grant Sunray’s request for a restraining order.  

We are sincerely sorry for any inconvenience to our fans and fellow Horsemen especially those who wish view the Sunray Park races in other states.  It is not intent to hurt our fans, or our  members  in any way.  As with all disputes we expect that this one  too shall be resolved in time.

If you have any questions or comments call me at 505.266.7056 or 505.205.6650  (cell phone).  You can reach me by e-mail at binghampe@yahoo.com.

Very truly yours,

Pat Bingham

Executive Director, New Mexico Horsemen’s Association