Claiming that their civil rights are being violated by the New Mexico Racing Commission, the New Mexico Horsemen’s Association June 29 filed suit against the panel in federal court.
The association’s members are made up of about 4,000 thoroughbred and quarter horse owners and trainers.
The group’s attorney Gary Mitchell, said in a statement, “The horsemen finally said, ‘Hold it. How many constitutional laws can you continue to violate? How many statutes can you continue to ignore?’ The horsemen said, ‘Enough. We don’t have any other place to go but federal court. We need this to stop.’ ” They sued under Section 1983 of the Civil Rights Act and the New Mexico Tort Claims Act.
The group says individual members’ rights were violated because they were forbidden to contact any commissioners or attend the commission’s regular public meetings.
The commission, whose members are appointed by the governor, took that action after the association sued last December to prevent it from taking purse money to pay operating expenses at the five racetracks, which are privately owned.
It also voted to prohibit members from contributing 1 percent of their purse winnings to the association and to prevent the horsemen from contributing funds from starter fees to advocacy efforts.
The panel’s chairman Sam Bregman countered the association’s claims with this statement: “The New Mexico Racing Commission has stopped the New Mexico Horsemen’s Association’s gravy train of redirecting the purses and the New Mexico Horsemen’s Association have now chosen to spend the horsemen’s money on legal fees.” He added, “New Mexico horse racing will continue to prosper with or without the New Mexico Horsemen’s Association.”
Mitchell said the horsemen want to be able to use their purse money for their own purposes. “They wish to get their hands on this money and use it how they see fit — which is basically to pay the costs of running the racetrack.
