REGARDING TP RACING vs ARIZONA DEPARTMENT OF GAMING
 
Turf Paradise has filed suit challenging the Arizona Department of Gaming’s determination that Turf Paradise does not qualify for an Event Wagering Operator License. We are highly disappointed that the Department denied the license application primarily on its determination that Turf Paradise is not the owner of an “Arizona professional sports franchise,” despite the fact that the Department has – for years – publicly stated that Turf Paradise is “one of Arizona’s first sports franchises.” https://gaming.az.gov/racing/history. Since 1956, Turf Paradise has been one of the premier destination racetracks for the highest-level professional thoroughbred and quarter horse racing in the nation.  By denying Turf Paradise’s license application while permitting others to operate sports betting throughout the State, the Department is threatening the very existence of the horse racing industry in Arizona.
 
Our suit is aimed at correcting this terrible injustice and maintaining the status quo regarding the licensing process and roll-out of event wagering activities until our suit is resolved.

At a special meeting Monday (Aug. 23) the Arizona Racing Commission approved Turf Paradise’s 2021-2022 race dates. The vote was 3-0.

The 125-day live meet will run from November 5 thru May 7, 2022. Racing will be conducted on a 5-day a week basis, Monday thru Thursday and Saturday.

August 19, 2021
Dear Horsemen,

In a letter of August 18 authored by AzHBPA President Bob Hutton, he calls attention to an updated version of Turf Paradise’s stall application. Specifically Mr. Hutton refers to paragraph 1 of the application where it reads that, “Turf Paradise reserves the right to end the meet at any time.”

Why was that line added to the original application? What happened that would have caused this line to be added?

The reason the line was added is because of the threat by the AZHBPA to end Turf’s ability to simulcast races from other race tracks on September 23. The line was added to protect the track from a very real threat that would have brought an end to racing.

Why is simulcasting so important? Simulcasting comprises more than 99% percent of Turf’s total handle. Sixty-three percent of our total handle are wagers placed from out-of-state residents on Turf’s live races being simulcast out-of-state. And 36% is made up of Arizona residents wagering on simulcast races being imported into our OTBs and on track.  In short, without simulcasting Turf would not be able to generate purses for the horsemen. Without simulcasting the live meet would collapse. That’s why that line was added to the Stall Application.

Why is it that Turf can be accused of threatening to end a live race meet, when the AZHBPA’s real threat of terminating Turf’s ability to simulcast races is not also seen for what it is? An attempt to close Turf Paradise for good.

Curious that Mr. Hutton’s letter brings up paragraph 7 of the stall application. This section refers to horsemen having only 5 days to leave the grounds should they be required to do so. In an email from the AzHBPA’s Executive Director, Leroy Gessmann, to Vincent Francia, Mr. Gessmann requests that that very language be added to Turf’s stall application. It was inserted at Mr. Gessmann’s request.

Mr. Hutton’s letter continues to take issue with Paragraph 11 of the stall application. The verbiage he refers to is taken verbatim from Canterbury Park’s stall application. As we know, many Turf trainers race at Canterbury and have signed their stall application, with that language. It’s not a problem for Turf’s trainers to agree to and sign a stall application with this language in Minnesota but it’s somehow a violation of those same trainers’ rights here in Arizona?



As long as I own Turf Paradise I am committed to offering a live race meet, and to run it from begin date to end date. I am committed to running the upcoming live meet, from November 5 through May 7, 2022. Improvements have been under way for some time in preparation for this meet.

So what is the next step? The next step is for Mr. Hutton to join ADOG Director of Racing Rudy Casillas and me to work out a contract. However, Turf plans to run its live race meet with or without a contract. It goes without saying that, a contract serves both the horsemen and Turf. So, contact Mr. Hutton via phone, email, text or in person and encourage him to sit down and work out an agreement.

That is what I’m committed to.

Sincerely,
Jerry Simms

     Turf Paradise has been a home to horseracing in the Valley for more than 60 years. I took over the helm of Turf Paradise more than 20 years ago, and I have devoted a great deal of energy (and more than a small amount of money) trying to make Turf Paradise a success. Unquestionably, the continued success of Turf Paradise is essential to the survival of the horseracing industry in this State. Until now, my unwavering goal has been to growing the sport of horseracing in Arizona and providing a superior product for our customers.

    Your Board has recently decided to pursue a course of conduct that makes accomplishing that goal unlikely. Indeed, recently, the Board made a list of 25 demands to Turf Paradise in the guise of contract “negotiations.” However, 21 of those 25 demands are, in fact, an attempt to dictate the way in which Turf Paradise runs its business.

    Now, it may be that there are improvements that can be made to the business of Turf Paradise. However, whether to risk making those improvements is my choice. I do not go to any one of your barns and try to tell you how to train your horses, how to run your horses, how to breed your horses, or how (or for how much) to buy and sell your horses. You are professionals. Those decisions are your business.

    Well, I am a professional. My business decisions are my business. This is a hard business. It requires devotion, time, energy, commitment, and passion. It is hard enough on its own without the Board’s interference. Unfortunately, your Board is making it more and more likely that I will decide to no longer stay in this business.

    It may very well be that Turf Paradise cannot reach an agreement with the Board for our next meet. That would be unfortunate, and it would likely have negative consequences for all involved. It may also be that the Board’s tactics make it economically non-viable to keep Turf Paradise in operation as a racetrack.

    I wish you all the best in this coming race season. I would like nothing more than to continue a mutually beneficial agreement with the Board. However, the Board is making that impossible; and you, your livelihoods, and your families will be the ones that suffer as a result. I wish that was not the case. If you would like to discuss anything in this letter with me, my General Manager, Vince Francia or I will be happy to talk.

                        --Jerry Simms

TO:  Jerry Simms, Vince Francia
FROM:  The Arizona HBPA Board
DATE July 30, 2021

Dear Sirs,

Now that we have agreed on dates and a race schedule, the HBPA Board has some requests for items to be included in the new contract:
1.     Track Safety is our Number One concern.  The condition that both tracks were in last year will be unacceptable for the upcoming meet.  We would like Mic Petersen to examine both tracks. And we expect Turf Paradise’s Track Superintendent to follow his suggestions to maintain a safe track.  Too many horses last year were euthanized or injured to the point they could no longer race.  Last year’s tracks conditions will be unacceptable this year.
2.    The meet will be run in its entirety, unless the commission rules it is not safe to run.  We can use the same language as the last agreement.
3.    If Turf Paradise sells the track before the end of the meet, Turf agrees to complete the meet and Horsemen can remain training on the backside until May 15, 2022.  There will be NO COST to Horsemen or the HBPA.
4.    The managing company for simulcasting has to be switched to NYRA.  If you continue to use Monarch we will not be sharing in any costs.
5.    Roads need to be regraded and resurfaced not patched as has been done in the past.  We need new surfaces for the horse’s safety.
6.     Barns in L Row need to be demolished and a plan to start new construction of L Row barns need to be in place.
7.    Restrooms need to be upgraded, kept clean and operable.  HBPA will again pay for 50% of cleaning service of the restrooms only, not the maintenance shed.
8.    A reasonable time frame for work orders to be completed. Work orders to be completed within 72 hours unless waiting for materials.
9.    With the recent rains helping make the turf track beautiful, it also sparked the weeds into full growth mode and the leaky roofs on the barns were exposed.  We expect weeds to be trimmed and the leaky roofs fixed.
10.    The entrance of the facility and the facility itself will be kept in neat, clean and safe condition all season long.
11.    Grandstand, Clubhouse and bottom floor need repaired, cleaned and be opened with food and bar service.
12.    The track kitchen needs to be opened and operating, or a full-time food truck brought in for backside workers.
13.    An agreement must be in place with the Jockey Guild.
14.    Track vets need to be hired; Dr. Jones is unacceptable.  HBPA will pay 50% as long as it is not Dr. Jones.
15.    There needs to be three out riders on the main track at all times!  For the safety of the equine and human athletes.
16.    Paddock Farrier on duty during the races.  
17.    Paddock Judge needs to inspect the shoes on all horses for the turf races, to protect our beautiful turf course.
18.    There should be three clockers in the mornings.  Let’s protect the integrity of the sport.
19.    We would like to see security pick it up a little bit, be more active with patrolling the backside.  The past couple of years we have seen a spike in theft of items on the backside.
20.    The rail in the shoots need to be fixed and placed at the correct height standard, and add the proper amount of sand.  Wheels need to be placed on the top of each post.
21.    The bridle path needs to be re-established and material added.
22.    Starting Gate is in need of repair.  The starting gate needs properly repaired or replaced.
23.    More trash dumpsters and a more frequent pickup schedule.
24.    Establish opening dates that work with AZ Downs closing dates.
25.    If Turf Paradise obtains a Sports Betting license, they will negotiate in good faith on an income split.
As we approach the 60 day mark for opening the backside and 90 day mark for first day of racing.  We need to finalize things and get started preparing for opening the backside.  President Hutton and Director Gessmann are available anytime to begin discussions.