HARRISBURG – A January 2017 Philadelphia horse race which ended with a narrow victory from the winner did not violate State Horse Race Commission rules, per a recent decision the Commonwealth Court of Pennsylvania.
On July 17, Commonwealth Court judges P. Kevin Brobson, Anne E. Covey and Ellen Ceisler upheld a ruling from the Pennsylvania State Horse Racing Commission not to disqualify a horse named “Big Saver” from the eighth thoroughbred horse race held at Parx Racing in Philadelphia on Jan. 31, 2017. Covey authored the Court’s opinion in this matter.
“[Plaintiff] Michael A. Lerman was the Pennsylvania-licensed trainer of “S.S. Minnow”, a thoroughbred horse that Big Saver competed against in the race. Big Saver won the race in a close finish – by a nose. Lerman lodged a timely protest and S.S. Minnow’s jockey Carol Cedeno (Cedeno) claimed a foul against Big Saver for bumping S.S. Minnow during the race,” Covey said.
“The Stewards had observed the live race but, in response to the objections, they interviewed Lerman, Cedeno and Big Saver’s jockey, Angel Castillo, and watched a video recording (DVD or video) of the race. Based upon their investigation, the Stewards ruled that although the horses bumped during the race, the contact was mutual and did not affect the outcome, so Big Saver was not disqualified.”
On Feb. 5, 2017, Lerman appealed the Stewards’ ruling to the State Horse Racing Commission, which it granted and stayed distribution of the winner’s purse money until an investigation and hearing could be conducted. The hearing was held May 2, 2017 before a commission officer, who viewed a video of the race and recommended the commission adopt the Stewards’ ruling – which it did on July 26, 2017. Lerman then appealed to the Commonwealth Court.
Steward Michael Melendez had explained that the Stewards “decide whether the infraction is severe enough or merits a disqualification," and if it affects the outcome of the race, they “certainly would grant a disqualification.”
Melendez recalled that, despite having watched a video of the race that determined that there was contact between Big Saver and S.S. Minnow, the Stewards “didn’t feel that there was a foul or that the incident was severe enough that it [affected the outcome of the race or] required disqualification.”
Lerman disagreed, opining “Big Saver continually carried, intimidated, and impeded S.S. Minnow in the last eighth of a mile” during the race through “excessive and repeated contact.”
“Certainly, the contact wasn’t mutual. It wasn’t even close, you know. And for three Stewards who have watched thousands and thousands of races to say that that was incidental contact or mutual contact is patently absurd. And this is why we object,” Lerman stated.
However, the Commission determined that horse racing is a contact sport and that the only reasons disqualification would have been appropriate were “whether the crossing or weaving caused interference or intimidation, and whether the jostling of another horse was willful.”
“Here, the applicable regulations make clear that willful and/or intimidating or interfering contact during the race was prohibited. Although contact occurred between Big Saver and S.S. Minnow during the race, there was no record evidence that Big Saver crossed or weaved in front of S.S. Minnow in such a way that impeded S.S. Minnow or constituted or caused interference, willfully jostled S.S. Minnow or, willfully struck or touched Cedeno or S.S. Minnow…for the purpose of interfering with them, and thus violated the commission’s regulations,” Covey stated.
“Rather, based upon a review of the record, including the DVD, and giving considerable weight and deference to the Commission’s interpretation of its regulations as we must, this Court concludes that substantial evidence supports the Commission’s determination that the bumping between Big Saver and S.S. Minnow was generally accepted contact incidental to horse racing that did not alter the race’s outcome. Accordingly, the Commission’s determination was not arbitrary, capricious or unreasonable.”
Commonwealth Court of Pennsylvania case 1362 C.D. 2017
From the Pennsylvania Record: Reach Courts Reporter Nicholas Malfitano at nickpennrecord@gmail.com