Simulcasting Continues In Nebraska

In October, the Nebraska State Racing Commission declared simulcasting must end at the state's four thoroughbred racetracks at 11:59 p.m. on December 31. A federal judge upheld that decision. But simulcasting providers Omaha Exposition and Racing appealed and the commission reversed its position, without specifying a reason, just before 1 a.m. January 1.

Moments before the January 1 deadline for simulcast horseracing to cease at Nebraska’s four thoroughbred racetracks, the Nebraska State Racing Commission reversed its position and approved agreements to continue simulcasting. Commission Director Tom Sage announced the decision in a news release before 1 a.m. Monday, January 1, without specifying a reason for the reversal.

The commission had approved simulcasting agreements in October, but announced at its December 19 meeting the agreements would expire December 31 at 11:59 p.m. Omaha Exposition and Racing appealed that decision in federal court. According to court documents, racetrack officials said they would lose simulcast wagering revenue of $2.9 million per month for the first three months of a year at Horsemen’s Park and $1.3 million per month at Lincoln Race Course. The filings also indicated 85 employees at Horsemen’s Park and 55 at Lincoln Race Course would lose their jobs.

Chris Jerram, representing Omaha Exposition and Racing, said it had a valid agreement with the Nebraska Horsemen’s Benevolent Protective Association that is legally required to simulcast races in Lincoln and Omaha. Jerram alleged the commission’s decision was unsupported by the evidence and the commissioners “considered and accepted incompetent, irrelevant and immaterial evidence regarding agreements or a lack thereof between Fonner Park in Grand Island” and the NHBPA, which must approve all simulcast agreements in the state.

Fonner Park has been in a contract dispute with the state’s horsemen, which led to simulcasting being shut down at that track for several weeks last year. Due to the contract dispute, the state racing commission declared, “Starting the New Year with statewide simulcasting at all Nebraska tracks is extremely important and beneficial to the entire Nebraska racing industry. Having only partial simulcasting at some of the Nebraska tracks beginning January 1, 2018 is not in the best interest of the Nebraska racing industry.” Therefore it declared simulcasting must end at all four racetracks on December 31 at 11:59 p.m. On Friday, December 29, a judge upheld the commission’s decision.

Lincoln Race Course General Manage Christy Harris said, “We were confident that there would be, hopefully, a decision. Everything was approved last night and so we’re open for business and simulcast races.” She noted four of the eight racetracks Lincoln generally simulcasts canceled their races due to wintry weather. Lincoln Race Course plans two days of live racing in 2018. Under state law, racetracks must hold at least one live race a year in order to offer simulcast betting.

Simulcast wagering has been legal in Nebraska since 1988.