District Court Judge Victor S. Lopez determined in his Sept. 20 order that the New Mexico Racing Commission (NMRC) improperly required horsemen, through their purse accounts, to pay half of racetracks' insurance premiums for jockeys and exercise riders, in violation of state statute.
Since 2009, more than $9 million has been taken from purse accounts at New Mexico's five racetracks to use for the insurance premiums. In late 2020, the NMHA went to court to end the practice and to get all or a portion of the purse money returned.
“[The] reality is that the practice is being questioned now; the parties presented no authority supporting the proposition that a party somehow waives a rule-making overreach by the mere passage of time,” Judge Lopez wrote. “It is neither the Commission's nor this Court's role to decide and implement policy which would essentially allow the skimming of racing revenue for the admittedly favorable purpose of protecting jockeys and exercise riders who may sustain injuries in the course of engaging in the inherently dangerous profession of horse racing.”
Judge Lopez stayed his order until at least Mar. 18, the last day of the 2023 legislative session, “to allow the parties to consider legislative intervention, if appropriate.”
Gary C. Mitchell, general counsel for the New Mexico Horsemen's Association (NMHA), added, “The battle is over the political power of the racetracks that wish to cut down on the expenses of running a racetrack and a race meet and enjoy greater income from their casinos. The great advocate standing in their way is, and has always been, the Horsemen's Association and, hopefully, the New Mexico Legislature.”
To read the complete ruling, click here.
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