The track argues that as a private enterprise, it reserves the right to deny any applicant the opportunity to compete.
Thoroughbred owner Michael Gill says he is planning to refile a lawsuit against Delaware Park after a New Hampshire federal judge refused to issue a temporary restraining order against the track for denying the horseman stall space."I will definitely refile the lawsuit in Delaware sometime next week," Gill, who has been the leading owner at Delaware Park the past three years, told the Wilmington News-Journal Friday. He said he would name the track and four individuals in his next legal action. Federal court judge Paul Barbadoro denied Gill's TRO application on Thursday following a hearing in Concord, N.H. The order would have allowed Gill and trainer Mark Shuman, who was also banned, to return to competition at Delaware until his lawsuit alleging antitrust violations is decided.Delaware Park's season begins in Stanton on April 26.Gill is alleging federal and state antitrust violations on the part of Delaware Park in a conspiracy that includes racing secretary Sam Abbey, track owner William Rickman and trainers Allen Iwinski and Scott Lake.A March 27 letter from William Fasy, chief operating officer at Delaware Park, informed Gill that he was not welcome on the grounds and the track would not accept entries for horses he owns.