Playfair Advocates Team Up In Court Horsemen, Muckleshoots Try To Keep Allocation Of Racing Dates At Bay

Eastern Washington horsemen will seek court approval today to join the legal scramble to save their industry.

When New Playfair Park, Inc., goes into Thurston County Superior Court in Olympia this morning, attorneys for the area’s horsemen will ask to be included as a party to legal action aimed at reversing a Washington Horse Racing Commission ruling.

The commission on Aug. 22 turned down a license application from New Playfair Park, a corporation founded by the Muckleshoot Indian Tribe.

The Tribe went after a temporary restraining order that prevents the state from granting race dates for the remainder of ‘96 and ‘97 to Emerald Downs or Yakima Meadows, until the commission hears an appeal.

The restraining order ends today. Attorneys for New Playfair Park, and now attorneys for the horsemen, want an extension.

New Playfair Park has asked the commission to reconsider its denial.

Extending the temporary restraining order would encourage the hope that a fall/winter season from November through early spring can still be wedged in at Playfair Race Course.

Horsemen are represented by the Organization to Preserve Horse Racing in the Northwest (OPHRN), which has hired the Spokane firm of Montgomery, Carroll & Gales to represent them.

Extending the restraining order “preserves all racing dates beyond Nov. 7, until a final decision has been reached on New Playfair Park’s license application,” OPHRN president Jay Healy said.

“Because the commission has taken a strong position against awarding overlapping racing dates, any dates awarded to Emerald or Yakima would be withheld from Playfair,” endangering the future of the Spokane facility, Healy added.

Horsemen here supported the Muckleshoot bid to assume operations at Playfair. The current license-holder, Stan Horton, won’t operate a race meet in ‘96.

In denying the application, the commission in a 2-1 vote cited safety concerns and unrealistic financial projections.

Attorneys for New Playfair Park contend that any concerns can be satisfactorily addressed.

The Muckleshoots have pledged $710,000 to cover improvements, promotions and projected losses for the proposed non-traditional season at the Spokane track, should their corporation be granted a license. The commission refused to consider the $710,000 figure because $300,000 of it was added after the deadline for testimony.

California contractor Rich Fontana said Thursday his firm could put up a safety rail within a week. Playfair’s racing structure could be made as safe as any in the state within 30 days, he added.

Although horsemen stand to lose most if Playfair remains dark, attorney Martin Gales said the impact already is felt beyond Spokane.

If the restraining order that protects racing dates for Playfair is not extended today, the future of the fair circuit on this side of the state is in jeopardy, Gales said. Fair meets are run at Waitsburg, Dayton, Walla Walla and Kennewick.

OPHRN board member Chuck Fauble is quoted in a press release as saying the “gravity of the crisis” became apparent when Labor Day races at the Walla Walla Fair were canceled because of a shortage of horses that traditionally come out of Playfair.

“There are about 340 horses in training at Playfair in anticipation of a fall and winter meet,” Gales said. Ideally, there would be up to 950 horses on the grounds.

Attorneys Jerry Levine and Mary Prevost represent New Playfair Park.

“We feel the law, the facts and the community are on our side,” Prevost said.

, DataTimes