Alan Foreman, criticized racing commission's decision.

Alan Foreman, criticized racing commission's decision.


Maryland Commission's Decision on Stable Closing Unpopular

The Maryland Racing Commission voted Nov. 11 not to intervene in the Maryland Jockey Club's decision to close the Pimlico stables for the winter. The 6-2 vote set off a flurry of angry responses from horsemen aimed primarily at Tom McDonough, commission chairman.

Appointed this summer by Gov. Robert L. Ehrlich Jr., McDonough led the commission's vote not to involve itself in the controversial decision about Pimlico and not to hear testimony from dozens of horsemen who attended the meeting at Laurel Park. Afterward, trainers and leaders of the Maryland Thoroughbred Horsemen's Association were livid.

"Tom McDonough is an extension of the Ehrlich administration, and he's clearly an ally of the owners and operators of Pimlico and Laurel," said Wayne Wright, executive secretary of the MTHA. "He showed a total disregard for the horsemen. He was insensitive and appeared to have no concern about acting in the best interest of Maryland racing. I wasn't surprised. I thought he was going to be a bad chairman. But I didn't think he was going to be this bad."

The Maryland Jockey Club announced at the end of September its intention to close the barn area at Pimlico from Nov. 29 to March 1. Lou Raffetto Jr., chief operating officer of the MJC, said the closing would save $600,000 to $700,000. Horses would be transferred for the three months to the MJC's other training centers at Bowie and Laurel.

Trainers objected to the closing, especially those who would have to move from Pimlico or who would have to give up stalls at Bowie and Laurel to accommodate the temporary consolidation. They appealed to the racing commission for intervention and came to the Nov. 11 meeting to state their case.

However, McDonough argued that the commission should not interfere in what he viewed as a business decision by a track owner. He said the commission's job is to regulate racing, not to dictate business practices.

"I think there's a distinction between regulating a business and running a business," he said. "We step over the line if we insert ourselves in the business practices of the licensee."

The commission voted 6-2 to back McDonough. Alvin Akman, Ernest J. Colvin, John P. McDaniel, Erwin Mendelson and Terry Saxon sided with the chairman. John Franzone and Lou Ulman voted in the minority. They said the commission should hear testimony before deciding whether to intervene in the Pimlico dispute.

Immediately after the vote McDonough adjourned the meeting. Lester Rao, a blacksmith at Bowie, approached McDonough and shouted: "You should step down. If you've got any conscience, you should step down."

Then Rao addressed the entire commission.

"You should be ashamed of yourselves," he hollered, "every single one of you."
Alan Foreman, lawyer for the horsemen's association, seemed astounded that he and others had not been allowed to testify.

"This is the first time--and I go back to '79--that I've seen the commission absolutely duck an issue and not permit a discussion," Foreman said. "There's a growing sense here that an element of the commission is not interested in hearing what the horsemen have to say."

Wright called it the low point of his 28-year career of representing horsemen before the commission. Said Wright: "Just when you think things can't get any worse, along comes Mr. McDonough."

McDonough left quickly after the meeting, but he later returned a reporter's phone call. He said he is not anti-horsemen. In fact, he said, he plans to argue in Annapolis that purses for horsemen, not profits for the track owners MJC and Magna Entertainment Corp., should be the top priority if slot machines come to Maryland.

"I just thought in this case -- and the majority of the commissioners agreed with me -- that the closing of Pimlico [barns] for three months was a business call we shouldn't jump into," McDonough said. "I know the horsemen disagree. But if they think I'm in Magna's pocket, they're wrong."