Barrel racing and card playing will continue in Gretna while opponents try to shut the track down in court, an appeals court ruled Tuesday, rejecting a request to close the doors immediately while the underlying challenge moves forward.
A day after hearing arguments, a three-judge panel of the 1st District Court of Appeal denied a request by a group led by the Florida Quarter Horse Racing Association and the American Quarter Horse Association to shut down the newly opened track that has been offering pari-mutuel wagering and card games since Dec 1.
The judges gave no reason for the decision, saying only that the plaintiffs had failed to "carry their burden" of why a stay should be granted while litigation continues. Track owners applauded the ruling, saying more than 170 employees and their families will immediately benefit.
"We are glad that the court refused to embolden their meritless legal challenge," said James Doris, CEO of PCI Gaming, the managing partner at Cypress Entertainment Gretna. "This Saturday is our grand opening and we invite the public to come watch the world champion competitors who will be racing."
A group of other horse racing and quarter horse groups filed the motion, saying that allowing the track to continue would lead to other venues seeking approval to offer the same slate of racing, betting and card games. Once opened, these venues would be incredibly hard to shut down because of their local economic impact.
Following Tuesday's ruling, they said they were confident their underlying challenge would prevail.
"It is important to note that the court's decision does not vindicate or validate in any way what the state and the permit holder are doing in Gretna," said Kent Stirling, executive director of the Florida Horsemen's Benevolent and Protective Association, a plaintiff in the case. "The court is merely reserving judgment on the matter while we prove our case to put a stop to this illegal activity, and we fully intend to do that."
Critics contend that barrel racing at the track is a "Trojan Horse," a legal formality to justify the high stakes card games. Florida law restricts card rooms to pari-mutuel facilities.
On Monday, Gretna's attorney, Marc Dunbar, argued Florida law is mute on what constitutes a horse race beyond the fact that at least two horses are involved.
Lacking a more restrictive definition, Dunbar said barrel racing qualifies as an event in which pari-mutuel wagering can take place.
The Department of Business and Professional Regulation apparently agrees. The agency issued permits to Gretna to conduct the races and the card games. The permits are also being challenged separately.
