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Thursday, December 3, 2009

The Best Laid Plans......

Well, it made sense.  Have a matter of a ten day suspension hanging over your heard and planning to go on vacation during the down time?  Why not drop your appeal and go skiing while you are suspended?  Well, that is what Ron Pierce decided to do.  Only one problem, the Kentucky Horse Racing Commission (KHRC) has other plans.  They have taken the stand that Pierce should enjoy his vacation, but the suspension will be served on their terms, after vacation. 

Kudos to the KHRC.  Too many times drivers and trainers appeal their suspension merely to keep racing and then decide to drop their appeal when it becomes convenient to serve their suspension.  In Mr. Pierce's case, the period between Chester closing and the Meadowlands opening would have been a convenient time to serve the days and go on vacation.  In this case, the KHRC has decided the days will be served when 'it counts'.  While some people suspect the KHRC will have Pierce serve the days during the 2010 Red Mile meet, based on previous precedent I suspect he will be suspended starting April 29 when the 2010 Kentucky harness racing season kicks off at Players Bluegrass Downs in Paducah. 

Some people are complaining the KHRC has 'it in' for Ron Pierce.  I say good for the racing officials.  Suspension are meant to be a penalty for violating rules, a time away from the sport where you suffer a financial loss for your infraction; it is not meant to be a meaningless slap on a wrist.  This is not about whipping.  This is another case of a driver or trainer gaming the system by appealing a suspension and then dropping an appeal in order to serve a suspension at a more convenient time.  I have seen a Grand Circuit trainer/driver who is based out of the Meadowlands droppping a suspension so he could serve it in January; a real hardship for that participant.  Racing officials in Kentucky deserve credit for not allowing a suspension to become a meaningless slap on the wrist.  One would hope officials would go one step further, add a few days for filing a frivolous appeal.

Perhaps the approach of New York authorities take is the answer to frivolous appeals.  There you often see suspensions reduced when a participant does not initially contest a ruling.  Appeal the fine/suspension, which is your right, know you will serve the full suspension when the racing commission decides; not you.  While it will not eliminate frivolous appeals, it should cut them down 


5 comments:

malcer said...

Well stated.

Racing officials are supposed to 'have it in' for people who flunk the rules, or who try to make a mockery of their penalty.

ITP said...

The problem is that these same racing officials will not "have it in" for another rule breaker and then squash all credibility they have with regards to being impartial.

That Blog Guy said...

ITP, Pierce certainly didn't help his case when flaunting the fact he was going to ski his suspension away.

That being said, the decision of Kentucky racing officials has precedent. I am not sure it was in Kentucky but there have been other cases of suspensions being held over until there was racing in their state again; probably for the same reason. I suspect the decision of the KHRC is not out of normal. That being said, it would have been better if the KHRC spokesperson just said, 'Not so fast, a KHRC suspension must be served during the Kentucky racing season".

ITP said...

I agree with you and am in no way defending Pierce.

The only thing I am saying is that the real problem obviously with judges "having it in" for a rule breaker is ridiculous when all they should be doing is making rulings in a fair and consistent manner. The reason people claim judges "having it in" for someone is because of their histories of being inconsistent and impartial.

That Blog Guy said...

As I suspected, the only offense by the racing official is a loose mouth. According to the rules of the KHRC (http://www.lrc.ky.gov/kar/811/001/095.htm):

(21) A licensee that has been suspended shall serve any suspension imposed:

(a) During the current race meet, if there are enough remaining days to serve out the suspension;

(b) During the next regularly scheduled race meet at the operating race track where the infraction took place if there are not enough remaining days to serve out the suspension; or

(c) During a race meet at another operating track in this state where the licensee seeks to engage in the activity for which he or she is licensed if the track where the infraction took place closes before another race meet is held at that track.

Hence, I would suspect the suspension to be served the next time the Red Mile opens, but not during the Grand Circuit meet.