The Indiana Court of Appeals has found in favor of the Indiana Racing Commission in a case in which it barred former commissioner and Indiana Thoroughbred Owners and Breeders Association executive director Ed Martin, Jr. from the state's tracks for a year.
The appeals court ruling came in an appeal by the commission of trial court's 2012 decision reversing the IHRC's exclusion of Martin from regulated grounds after he refused a demand by the commission that he needed to be licensed.
Martin contended he did not need a license to perform his duties with the ITOBA, contending the commission's action against him was retaliation for his criticism of the regulatory body. Martin subsequently resigned from his ITOBA position in November 2010.
"...Martin has not established that the IHRC's decision was arbitrary, capricious, and abuse of discretion, or otherwise not in accordance with law, and its decision was supported by substantial evidence," the appeals court ruling stated.
The decision set aside the earlier ruling by the Marion Superior Court vacating the IHRC's exclusion of Martin from premises regulated by the commission.
Lea Ellingwood, the IHRC's general counsel, said Martin's exclusion will run through Oct. 16, 2013.
A separate federal suit by Martin against IHRC executive director Joe Gorajec, the commission's former chairwoman Sarah McNaught, and IHRC security director Terry Richwine has also been dismissed by agreement of the parties. That suit stemmed from IHRC investigation into allegations of horse neglect at a Florida farm owned by Martin.