06-08-2019, 11:31 PM
|
#7
|
Veteran
Join Date: Mar 2010
Posts: 5,222
|
Quote:
Originally Posted by toddbowker
First of all, it's Mary West, not Marsha.
Second, not being able to appeal Steward's in-race decisions is the norm, not the exception. It's not a Kentucky thing (and Churchill doesn't even get to make that call regardless, the Commonwealth does).
For example, Indiana has the following .... 71 IAC 10-2-9 (f)A decision by the judges regarding a disqualification involving the running of the race that does not result in a ruling is final and may not be appealed.
You can argue that it should be changed, but it being "unique to Churchill" is not the argument, and precedent will likely kill this case. The Kentucky Court of Appeals has already decided on this issue in the case March v KHRC (2015). My guess is the Federal Judge will remand it back to Kentucky, as they normally do with gambling related cases.
Third, the house did not "win" anything as a result of the DQ. The exact same amount of money still got paid out, just to different people.
|
Thanks for this. The initial post was a real head-scratcher.
|
|
|