By T. D. Thornton
Horsemen who are alleging a “present and clear danger” because of a decade's worth of purportedly uncorrected safety issues at Camarero Race Track continue to legally spar with the corporate owners of Puerto Rico's only track and the gaming commission that regulates the island's racing.
In response to an Apr. 26 federal lawsuit filed by the Puerto Rico Horse Owners Association, Inc. (PRHOA), both the owners of the track and the Gaming Commission of Puerto Rico filed responses in the United States District Court of Puerto Rico this month that don't specifically contest the alleged safety hazards, but instead plead that the case should be dismissed for failure to state a claim and because a federal court is not the proper jurisdiction to decide the issue.
Camarero's June 9 motion to dismiss stated that, “Treating all the allegations of the [lawsuit] as true and drawing all reasonable inferences in favor of the plaintiff, this claim should be dismissed in its entirety, with prejudice, against the appearing defendant, as plaintiff cannot prove any set of facts in support of its claim which would entitle it to relief.”
Camarero's filing continued: “Plaintiff's only federal claim against Camarero its immaterial to the facts alleged in the Complaint and made solely for the purpose of obtaining jurisdiction, as no federal statutes apply to the facts alleged by Plaintiff against Camarero.”
The gaming commission, in a separate motion to dismiss filed June 4, made a different argument for the case to get tossed out of court.
“In essence, Plaintiff alleges that the Commission failed to maintain the Thoroughbred racetrack at Hipódromo Camarero, resulting in unsafe conditions for riders and Thoroughbreds, causing damages to Plaintiff. However, PRHOA's claims against the Commission fail to establish a legal basis for liability because the Commission, as a regulatory body, does not execute the maintenance of the racetrack.
“Moreover, the facts do not establish a state action, nor do they amount to a constitutional violation. Also, the Commission is protected under the immunity provided by the Eleventh Amendment of the US Constitution,” the commission's filing stated.
Regarding the Eleventh Amendment, the commission stated, “Federal courts have limited authority in suits against state governments. States are immune from suits in federal court brought by their own citizens. The Commonwealth of Puerto Rico is treated like a state for these purposes.”
The commission also made this assertion: “There is no doubt that the Commission regulates Camarero's activities and must ensure that Camarero follows the applicable regulations. But that, in itself, is not sufficient nexus between the alleged conduct (not giving proper maintenance to the Racetrack) and the Commission.”
The PRHOA on June 24 filed written opposition to dismissing the case.
“Camarero cannot reject or deny its participation in the factual scenario on which the Complaint is premised,” the PRHOA filing stated. “The condition of the Racetrack resulting in the suspension of the official races and the morning workouts, coupled with the injuries suffered by the Thoroughbreds owned by the members of PRHOA, have caused PRHOA's members substantial damages, estimated in not less than $500,000.00, due to the resulting loss of purse money and of the investment therein…
“The lack of action by the Commission and its members [in] in concert with Camarero [constitute] an illegal violation of PRHOA and its members' civil rights, in violation of the Fourth, Fifth, Eighth, Ninth and Fourteenth Amendments of the Constitution and 42 USC section 1983. Said acts and omissions are grossly negligent or intentional and taken in reckless disregard and deliberate indifference of the rights of PRHOA and its members,” the PRHOA filing stated.
Camarero Race Track gallop out | T.D. Thornton
The PRHOA had claimed in its Apr. 26 lawsuit that despite several years of official complaints lodged to address the alleged safety issues, the gaming commission and track management have purportedly ignored the horse owners' repeated calls for safety upgrades. The PRHOA also cited a history of cancelled racing and training, on both dry and wet tracks.
The PRHOA, among other demands, wants a federal judge to compel Camarero and the commission “to immediately grant access” to John Passero, the noted track-safety consultant who years ago served as the track superintendent at Laurel Park and Pimlico Race Course.
Passero was recently retained by the Maryland Thoroughbred Horsemen's Association as a consultant when problems emerged at those two tracks, and is widely recognized as a national expert in his field.
The PRHOA had previously asked for Passero to be furnished with whatever historical track safety study and maintenance data the commission and Camarero have compiled, “as well as all expert reports on the Racetrack by experts issued during the years 2019 to 2024,” so that Passero can “submit a report with his recommendations on the condition of the Racetrack.”
Those requests, which were made earlier this year, went unmet, according to the lawsuit.
The PRHOA's suit alleges that Camarero, “since 2016 suffers from dangerous conditions…in particular [in] its final stretch in the mile and one-sixteenth area…due to having consistency problems, unevenness, problems of humidity, lack of compaction and lack of effective maintenance, among others.”
The complaint detailed two years of efforts by the PRHOA to try to remedy the safety issues by filing official complaints with the commission and by bringing the issue before an administrative law judge.
The PRHOA's June 24 filing claimed that the case is indeed suitable for a federal court, primarily because by importing and exporting simulcast signals, “Camarero is engaged in interstate commerce under the Interstate Horse Racing Act of 1978.”
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