WV Circuit Court Rules In Favor of Jockeys

The Hon. Paul Zakaib Jr. of the Circuit Court of Kanawha County issued a ruling Aug. 29 in favor of seven jockeys, reversing and remanding the decision of the West Virginia Racing Commission’s Order suspending and fining the jockeys. The case, which initially began in March of 2009 at Hollywood Casino at Charles Town Races, has been decided in favor of Luis Perez, Anthony Mawing, Dale Whitaker, Lawrence Reynolds, Jesus Sanchez, Alexis Rios-Conde and Tony Maragh. The Court held that the Commission’s final order constituted “unlawful rulemaking retroactively applied” and the record was insufficient to support the findings of the Commission. 
The case began when seven jockeys at the Charles Town Racetrack were allegedly caught failing to weigh out properly, referring to the jockeys stepping on the scales, before going out to race, to insure that their weight matches the weight assigned to the horse they are riding. On April 8, 2009, only these seven jockeys were summarily suspended by the Racing Commission, even though all other jockeys engaged in the same procedures when weighing out on the days in question. PNGI proceeded to exclude these jockeys from the racetrack Apr.14, 2009. 
After a lengthy factual hearing and legal proceeding, the Commission suspended the jockeys for 30 days and fined them each $1,000. However, based on the arbitrary application of the rules by the Commission, under the advice of the Jockeys’ Guild and counsel, the jockeys appealed the decision to the Circuit Court. 
The jockeys were represented and the case was tried by Charleston, West Virginia lawyers Benjamin L. Bailey and Christopher S. Morris of Bailey & Glasser. Bailey said, “We could not be happier for our brave clients. This decision vindicates their character and sportsmanship. Their long saga will benefit the entire racing community in West Virginia, setting the standards and procedures to be applied to racing licensees.” 
“We are pleased with the Court’s decision,” said Terry Meyocks, National Manager of the Guild. “The riders have had to fight a tremendous battle and have had their reputations called into question. We hope that this decision will set the record straight and it will be recognized that none of the jockeys violated the rules of racing, nor did they do anything that would be considered illegal or defrauding the betting public. However, it should recognized that since the circumstances of the case arose, the Guild has worked closely with the West Virginia Racing Commission in improving the rules and regulations. We have developed a good working relationship with the Commission.”