Quote:
Originally Posted by Kasept
If NYS RWB thought they could revoke licenses of recitivists without a protracted legal battle, they probably would. But as Chuck has previously pointed out, no state is going to be interested in costly court cases because the commission (or similar entity) does not have the necessary budget. And legal battles would result because as in this situation as an example, and as in so many of them, the medication in question has dual usage both positively as a medication and negatively as a performance enhancer.
It is to ARCI's credit that they are trying to draw a line in the sand, but as is the broad case in racing, they haven't the teeth with which to leave a mark on Dutrow's hide. ARCI isn't the entity that would be involved in the dispute that would result from an attempt by RWB to rule Dutrow off NY tracks. The best most jurisdictions can do is apply the maximum penalties/suspensions for the offenses and hope that at some point the taint of them would shame owners from wanting to be involved with the oft-penalized parties.
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What the state could do is simply refuse to renew his license when it expires. There surely is grounds to do so and plenty of precedent. The state could easily argue its case using the plethora of examples from the Harness business that they have refused to license. While not every state would be required to reciprocate it would probably be more effective than the current situation.
02-18-2011, 07:08 PM
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