andymays
02-22-2010, 06:46 PM
http://www.paulickreport.com/blog/arizona-racing-from-integrity/
Excerpt:
It’s a common belief that the court system gives a racetrack owner private property rights to exclude anyone it chooses from its premises. That doesn’t seem to be the case, however, particularly when the individual being excluded holds a state license to practice his profession on racetrack grounds.
Just last week, Judge Brian R. Hauser, in the Superior Court of Maricopa County in Arizona, issued an under-advisement ruling permitting jockey Enrique Garcia to continue riding at Turf Paradise after the Phoenix track had served him a “Notice of Exclusion” on Dec. 23, 2009. The court on Jan. 28, 2010, had already issued a temporary restraining order prohibiting Turf Paradise from excluding Garcia from engaging in his occupation as a licensed jockey, but the most recent order converted the restraining order to a preliminary injunction. Garcia will be able to ride until further notice.
According to Judge Hauser’s ruling (which can be viewed here), Turf Paradise management began to suspect in the spring of 2009 that jockey Garcia was also training horses at Turf Paradise without a license. Specifically, it was suspected he was training horses owned by A Double Monkey Stables, although the trainer of record for Double Monkey was someone named Leonard Espinoza. Turf Paradise management suspected Espinoza was merely a “paper trainer,” meaning he lent his name and trainer’s license so the stable owner could get stalls at the track.
Excerpt:
It’s a common belief that the court system gives a racetrack owner private property rights to exclude anyone it chooses from its premises. That doesn’t seem to be the case, however, particularly when the individual being excluded holds a state license to practice his profession on racetrack grounds.
Just last week, Judge Brian R. Hauser, in the Superior Court of Maricopa County in Arizona, issued an under-advisement ruling permitting jockey Enrique Garcia to continue riding at Turf Paradise after the Phoenix track had served him a “Notice of Exclusion” on Dec. 23, 2009. The court on Jan. 28, 2010, had already issued a temporary restraining order prohibiting Turf Paradise from excluding Garcia from engaging in his occupation as a licensed jockey, but the most recent order converted the restraining order to a preliminary injunction. Garcia will be able to ride until further notice.
According to Judge Hauser’s ruling (which can be viewed here), Turf Paradise management began to suspect in the spring of 2009 that jockey Garcia was also training horses at Turf Paradise without a license. Specifically, it was suspected he was training horses owned by A Double Monkey Stables, although the trainer of record for Double Monkey was someone named Leonard Espinoza. Turf Paradise management suspected Espinoza was merely a “paper trainer,” meaning he lent his name and trainer’s license so the stable owner could get stalls at the track.