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Judge denies horsemen's motion for restraining order against Arlington Park

Horsemen's association trying to block Arlington Park's talks with rival group

A federal judge Thursday refused to stop Arlington Park from negotiating with a new group representing owners and trainers who race at the track. Judge Manish Shah ruled against the Illinois Thoroughbred Horsemen's Association, which has had a contract with the track in past years. The two have not reached an agreement for the racing season that's set to begin May 6.

The horsemen's association had sought a temporary restraining order preventing Arlington from contracting with the rival Illinois Thoroughbred Breeders and Owners Foundation.

Shah issued a four-page ruling noting the horsemen's association had "not established that it is likely that Arlington will enter into a written agreement with any horsemen's group other than the (ITHA)."

In fact, the judge said, the horsemen's threat of litigation had deterred the Illinois Thoroughbred Breeders and Owners Foundation from pursuing a contract with Arlington.

Shah said the horsemen's association has not "established that it's entitled to a legal declaration that it is the exclusive horsemen's group at Arlington for the entire upcoming season."

The Illinois Thoroughbred Horsemen's Association filed the suit Monday against Arlington, the Illinois Thoroughbred Breeders and Owners Foundation and the Illinois Racing Board. The suit claims the three entities unlawfully "colluded" to replace the horsemen's association with the other group.

That Illinois Thoroughbred Breeders and Owners Foundation, the lawsuit claims, "will demand less of racetracks at the bargaining table and neglect to adequately protect the interests of horsemen before the Illinois Racing Board and the Illinois legislature, to the benefit of racetracks like Arlington and to the detriment of horsemen."

Losing its affiliation with Arlington would cut the horsemen's association off from a share of purse money, the main source of funding for the organization, and hinder its ability to pay lobbyists' salaries and administer welfare programs for track workers who live on the backstretch. A 2015 report from the horsemen's association shows Arlington Park provided $466,164 of its $708,141 in revenue in 2015. The other $241,997 came from Hawthorne Race Course.

The lawsuit also asks the court to order Arlington to enter a contract with the horsemen's association for the 2016 summer season and award the association damages and legal fees.

Shah said the horsemen's association and Arlington "have sufficient incentives to reach an agreement" on their own.

Arlington General Manager Tony Petrillo said Thursday the racetrack is committed to negotiating "a sensible and fair contract."

"While we regret the time and money wasted on this absurd lawsuit filed by the horsemen, we are ready to get back to work," he said.

The ITHA in a statement said it would "continue to pursue a contract with Arlington on terms that benefit all horsemen in Illinois."

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