September 20, 2024
GAMBLING

3 more groups jump into racing license fray

BANGOR – Three more groups are asking Penobscot County Superior Court for legal standing in the ongoing squabble over state harness racing licensing.

Since last November, when voters authorized slots at the state’s commercial harness racing tracks in Bangor and Scarborough, racing licenses have become a hot commodity. As things stand, a racing license is a key to being eligible for a much more lucrative gaming license.

Last week, two of the three groups working to derail efforts to develop a racetrack casino in Bangor filed petitions seeking to undo the Maine Harness Racing Commission’s decision last week to issue a conditional harness racing license to Penn National Gaming. Penn National, headquartered in Pennsylvania, will receive a permanent license if it passes a state investigation.

Penn National became the designated developer of the racino proposed for Bangor Raceway after it completed its acquisition of Bangor Historic Track earlier this month. In addition, Penn has an agreement to develop a similar facility in partnership with Scarborough Downs in southern Maine.

Bangor, however, was the only community to gain the needed local approvals before a Dec. 31, 2003 deadline set by the referendum bill.

The three petitioners who emerged this week have an opposing agenda. These groups aim to make sure that the conditional license not only remains in effect but is followed by a permanent license.

Last Friday Justice Andrew Mead denied a motion to stay the commission’s decision to grant a conditional racing license to Penn National Gaming, operator of the Bangor track.

At the same time, however, he agreed to “fast-track” appeals of the commission’s decision to deny requests for intervenor status from CasinosNo!, a statewide organization opposed to the expansion of gambling in Maine, and the Penobscot Nation and Passamaquoddy Tribe, which ultimately want to team up to operate the Bangor racino.

The Christian Civic League of Maine also was denied intervenor status, but has not filed an appeal.

Since then, original racino developer Shawn Scott and Capital Seven LLC, one of his numerous corporations, the Maine Harness Horsemen’s Association and the parent company of Scarborough Downs have jumped into the fray. All are seeking legal standing in the civil actions that CasinosNo! and the two tribes have brought against the racing panel.

Scott and Capital Seven are seeking legal standing because they have “a direct financial stake” in the pending licensing proceedings because the denial or revocation of BHT’s racing license would impact Scott’s payment arrangements with Penn, which extend into 2005.

The petition notes that Scott had to sell BHT before the commission would consider issuing a license. The deal, however, also was predicated on Penn’s receiving a license and taking over Scott’s development and lease agreements with the city of Bangor.

The horsemen’s group and Scarborough Downs say they are considered automatic intervenors in licensing and date assignment hearings under state law governing the harness racing commission. The horsemen’s petition notes the group represents more than 700 horsemen who are directly affected by licensing and race dates at the Bangor track.

In a related matter, Gov. John Baldacci’s second nominee to the five-member Maine Harness Racing Commission, Ann Jordan, is slated to undergo confirmation today in Augusta.

Baldacci’s first nominee, former racing panel member George McHale of Orrington, sailed through his Senate confirmation without opposition.

A member of the Humane Society of the United States, Jordan was appointed to the state Animal Welfare Advisory Council by former Gov. Angus King in 2001 and continues to serve. In addition, Agriculture Commissioner Robert Spear appointed her to a working group on animal welfare in 2001.

“Ann Jordan is a capable, intelligent lawyer whose background on animal welfare issues will be a great asset in preserving the tradition and integrity of Maine’s harness racing industry,” said Lee Umphrey, Baldacci’s spokesman.

Her background is expected to be helpful to those concerned about the treatment of horses at the state’s tracks.

In Bangor, two horses died on one weekend last June and those deaths were never investigated. In Scarborough the death of a horse, also last June, has been blamed on its trainer’s failure to obtain medical attention.


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