STATE-BY-STATE NEWS UPDATE:
The Racing States/Fourth Quarter

CONNECTICUT
Bridgeport: Twenty greyhounds, most of them muzzled, escaped from the kennel compound at the Shoreline Star racetrack on Tuesday, Nov. 16. The dogs ended up in an empty factory parking lot where eight po-icemen corralled them just before 11:00 p.m. Some of the dogs appeared frightened and shaking; one was injured.

Police Detective Sgt. Joseph Sherbo said at the scene, "There are at least 20 of them here, maybe more still running around." According to Sherbo, no one was at the kennels and police officers kept the dogs safe in the parking lot until kennel workers arrived to retrieve them. It is not known how the greyhounds escaped.

Source: Connecticut Post: Anthony Spinelli

FLORIDA
Melbourne: Sports Palace, Inc., the company that operates Melbourne Greyhound Park, has put the track up for sale. Pat Biddix, the track's president, said, "We're sitting on an extremely valuable piece of property in an industry that continues to decline, so we're just exploring all of our options." Melbourne, which opened in 1971 as a jai-alai fronton until its conversion to a dog track in 1991, operates seasonally from November through April.

Biddix said Sports Palace has been looking for a buyer for more than a decade, but it recently signed on with Sun Land Realty of Florida Inc. to formally list the 136-acre property, which is zoned for commercial and light industrial uses. Sports Palace is part of Buffalo-based Delaware North, a privately held $2 billion-a-year company that operates dog tracks in several states.

According to the Division of Pari-Mutuel Wagering, paid attendance at Melbourne dropped during the last five years by more than 48 percent - from 32,784 in the 1998-99 fiscal year to 16,887 in the 2002-03 fiscal year.

Source: Florida Today: Wayne T. Price, Scott Blake

Tallahassee: An audit of the state's pari-mutuel industry concluded that the industry is no longer able to pay for the cost of regulation and other required obligations after a decade or more of steep decline. The audit by the Office of Program Policy Analysis and Government Accountability, which was released Oct. 20, said attendance had dropped at dog and horse tracks and jai-alai frontons from 14.4 million in 1990-91 to 2.8 million in 2001-02, an 80 percent decline. The amount of taxes, fees and fines paid by permit-holders [racetrack owners] has dropped from $110.5 million in fiscal year 1990-91 to $34.9 million in 2002-03.

Recommendations aimed at keeping the industry viable included: expanding gaming options by adding video gaming machines in existing facilities; reducing part-time employees; relaxing the regulation of Silax, a diuretic that may enhance racehorse performance; and eliminating the $446,500 distributed to the each of the state's 67 counties regardless of size or population. This amount was frozen by the Legislature in 1980, with anything above the counties' total share of $29.9 million going to the state. In the past several years, the state has had to take money from the general fund to pay the counties their share and to pay regulatory costs.

Source: The Ledger: Brent Kallestad

IOWA
Council Bluffs: A Pottawattamie County District Court jury Oct. 15 awarded nearly $500,000 to an Underwood, Iowa kennel, which sued Bluffs Run Greyhound Park and Casino for failing to provide a safe racetrack for greyhounds. The jury verdict awarded Arthur and Beverly Yates and their Yates Kennel $235, 282 for damages to their greyhounds during the 2000 racing season. The jury also awarded punitive damages of $250,000 to the Yateses, who the jury said had been slandered by false statements made by Bluffs Run officials.

During the 2000 season, 20 greyhounds in the Yates Kennel sustained broken legs and another 10 to 15 of their dogs had to be removed from racing because of other injuries. In November 2000, Bluffs Run officials told the Iowa Racing and Gaming Commission that they would not offer a 2001 contract to the Yates Kennel, publicly stating that its greyhounds performed poorly. The kennel claimed poor track conditions caused the dogs' injuries and that statements made by track officials were malicious and damaging to its reputation.

Defendants in the lawsuit were the Iowa West Racing Association, a nonprofit group that holds the state license to operate Bluffs Run, and Harvey's BR Management, which operated Bluffs Run at the time. Nevada-based Harrah's Entertainment Inc. currently operates the track.

During 2000, Bluffs Run had a total of 136 greyhound injuries, including 20 greyhound deaths. Between Jan. 1, 2003 and Sept. 23, 2003, Bluffs Run had 60 greyhound injuries, including nine deaths, state records show.

Sources: The Des Moines Register:William Petroski;
Omaha World-Herald;
Las Vegas Sun;
National Law Journal

Dubuque: The Dubuque Racing Association, the nonprofit license holder of Dubuque Greyhound Park and Casino, announced its approval Dec. 19 of a $15.6 million expansion project for the facility. The plan calls for the casino to increase from 12,000 square feet to 27,000 square feet. An additional 400 slot machines would be added, bringing the total to 1,000. The association would pay about $6.1 million and a seven-year loan would cover the remaining $9.5 million cost of the project.

In other news, the Dubuque track and the Iowa Greyhound Association have reached agreement on a one-year contract establishing purses for greyhound owners. Under the agreement, the track will pay 8 percent, or $3.3 million, of its post-tax casino revenues to supplement greyhound purses.

Total payouts are contingent upon the outcome of an impending Iowa Supreme Court ruling expected in January. If the high court overturns its original decision on Iowa's two-tiered taxation system, the state's three racetrack casinos would see their tax rates increase from 20 percent to 36 percent.

Sources: Las Vegas Sun;
Telegraph Herald: M. D. Kittle

KANSAS
Kansas City: A revenue-sharing agreement reached Sept. 18 between the Unified Government of Kansas City and Wyandotte County granting the Oklahoma-based Delaware Tribe a three-year option on land for a casino has been scraped. The publicly owned, 34-acre site is adjacent to The Woodlands dog track. Bill Grace, principal owner of the track, opposed the deal at the time, saying it would kill his struggling track.

In mid-November Las Vegas-based tribal consultant Fred Gillmann said the tribe is now eyeing other sites farther south of the track. Gillmann said he belatedly realized it wouldn't be fair to expect Woodlands patrons "to drive by our slot machines to get in the door."

Source: The Kansas City Star: Rick Alm

TEXAS
La Marque: The operators of Gulf Greyhound Park have filed a lawsuit against Shawn Beckwith, the former boyfriend of Maria Christina Barros, who was convicted in November 2002 of embezzling hundreds of thousands of dollars from the dog track. Barros was sentenced to 15 years in prison.

Gulf Greyhound Partners Ltd. claims in the lawsuit that Beckwith "knowingly participated in the scheme" to defraud the track and that he "encouraged Barros to secure more and more moneys to finance his extravagant lifestyle." Beckwith, who lives in Maui, Hawaii, was not charged with any crime in connection to the embezzlement. The lawsuit, filed in October, asks that Beckwith be required to locate missing funds and make restitution to the dog track.

Source: Galveston County Daily News: Jerry Urban

VERMONT
Pownal: The Kleiser-Walczak Film Studio has expressed serious interest in buying the defunct Green Mountain Greyhound Track, according to John Tietgens, the track's owner. "Things look very favorable," Tietgens said. Not only would Kleiser-Walczak provide "a great number of high-paying jobs," he said, its proposal also calls for a school to teach film-industry arts. "If the state acts quickly, I think things will fall into place in the next couple of months."

Company president Jeff Kleiser confirmed Oct. 28 that the film studio was looking to expand, but emphasized that its discussions about the track were preliminary. "It's something we have been investigating," Kleiser said. The company's digital animation and special effects production studio is now housed at the Massachusetts Museum of Contemporary Art in North Adams, just over the state line.

Gov. James Douglas vowed to help move the project forward. "I think this would be a great fit," he said. "The negotiations are incomplete at this point, so we don't know exactly what role the state will play." Tietgens said that cooperation from the governor's office was crucial to the potential deal. Kleiser-Walczak "will require financial assistance and assurances that permits will be forthcoming," Tietgens said.

Green Mountain opened as a thoroughbred track in 1963 and was converted to greyhound racing in 1977. An expose´ of appalling kennel conditions and greyhound neglect at the failing track published by The Burlington Free Press Dec. 13, 1992 led to the track's closure two weeks later. Tietgens bought the track at auction the following year for $250,000.

[Editor's Note: In April 1995 a grassroots legislative campaign led by Scotti Devens, founder of Save the Greyhounds Dogs! outlawed dog racing in the state. The bill was signed by then-Gov. Howard Dean. Dean is currently seeking the Democratic Party's presidential nomination; as of year-end, Dean was the front-runner in the eight-candidate field.]

Source: The Rutland Herald: Peter Crabtree

WEST VIRGINIA
Morgantown: The Brooke County Commission notified the West Virginia Racing Commission in mid-December of its intent to file suit for allowing Wheeling Island Racetrack and Gaming Center to move its kennel compound into the county without also allowing it to share in the track's profits. Brooke County prosecutor David Cross said relocating the kennels constitutes an expansion of the track's complex to a county that has never passed a local-option referendum on legal gambling. Under state law, counties that host racetrack casinos receive a percentage of the profits.

The Wheeling Island track is located in Ohio County, which received a $1.7 million cut from the track's net revenue in 2002; the city of Wheeling received $918,000. The racetrack operates more than 2,000 video lottery machines.

The kennels were moved 12 miles away to Beech Bottom in Brooke County in mid-2001with the approval of the racing commission. Racing Commission chairman George Sidiropolis is seeking a legal opinion on the matter from the West Virginia Attorney General's office. "If the commission erred in approving the kennel relocation it should be returned to the appropriate grounds," Sidiropolis said.

William Watson, an attorney acting as special counsel for the Brooke County Commission, said he plans to file his lawsuit during the first week of January. Once that happens, he warned, "The track's only recourse will be to petition for a local option election in Brooke County. Given local hostility to this facility, it is not likely to pass."

Sources: Sunday Gazette-Mail: Vicki Smith (Associated Press);
The Intelligencer: Tom Diana

WISCONSIN
Kenosha: The owners of Dairyland Greyhound Park announced Jan. 6 they have reached a purchase option agreement to sell the facility for $40.5 million to the Menominee Nation to build an off-reservation casino at the site; the purchase option expires in 2008. The proposed casino complex would still include live dog racing.

Dairyland vice-president Roy Berger said the track would pursue a lawsuit filed in 2001 claiming that casino-style gambling violates the state's constitution. Berger said track owners would not drop the suit because it is possible the casino project will not go through. The lawsuit is scheduled for oral argument before the Wisconsin Supreme Court Jan. 27. we're interested in that."

Menominee Tribal Chairwoman Joan Delabreau said the casino would bring thousands of jobs to Kenosha and hundreds of thousands of visitors to the area. Kenosha Mayor John Antaramian said, "Any time we can pull in jobs

The tribe is working with Kenosha businessman Dennis Troha, who will act as the casino's developer. Troha was an investor in a previous unsuccessful attempt to convert the track into an off-reservation casino. Connecticut's Mohegan Tribe will lend money to the project and sit on the development board.

The Menominee Nation's plan is contingent upon local, state, and federal approval. Gov. Jim Doyle must approve the proposal before the U.S. Department of the Interior gives final approval, a process that could take up to two years.

Sources: Milwaukee Journal Sentinel: David Cole;
Pioneer Press: Jenny Price (Associated Press)