ILNews

Thoroughbred rep loses appeal over license requirement

Back to TopCommentsE-mailPrintBookmark and Share

A representative of a Thoroughbred horse owners and breeders organization was required to have a license from the Indiana Horse Racing Commission to participate in the group’s activities at the state’s pari-mutuel racetracks, the Indiana Court of Appeals ruled Friday.

The panel reversed a Marion Superior Court’s judgment that set aside and vacated an order from the commission barring Edmund Martin Jr. from racetracks because he failed to obtain a license in 2010. Part of Martin’s $41,000 salary is derived from gaming proceeds, according to the record.

As President of the Indiana Thoroughbred Owners and Breeders Association, Martin had meetings at Hoosier Park in Anderson and Indiana Downs at Shelbyville. He was notified by the commission that he would be excluded from tracks until he received a license. He objected, and an administrative law found the exclusion notice was supported by evidence. The commission approved the ALJ’s order extending Martin’s exclusion until July 18, 2012.

A Marion Superior ruling vacated the order, but Judge Paul Mathias wrote for the Court of Appeals panel in Indiana Horse Racing Commission v. Edmund W. Martin, Jr., 49A02-1206-PL-512, that Martin participated in racing and therefore was required to carry a license.

“Protecting the integrity of the horse racing industry in Indiana is of utmost importance to the IHRC and the General Assembly. The industry 'has an unsavory, or at least a shadowed, reputation, growing out of a long history of fixing, cheating, doping of horses, illegal gambling, and other corrupt practices.' [Dimeo v. Griffin, 943 F.2d 679, 681 (7th Cir. 1991).] For this reason, the IHRC reasonably takes a broad view of the phrase 'participate in racing' to include those individuals who are directly or indirectly participating in pari-mutuel racing,” Mathias wrote.

"Martin has not established that the IHRC’s decision was arbitrary, capricious, an abuse of discretion, or otherwise not in accordance with law, and its decision was supported by substantial evidence. Martin was required to be licensed pursuant to Indiana Code section 4-31-6-1 and rule 5.5-1-1(a) because he was the ITOBA’s executive director in 2010 and an active participant in the ITOBA’s activities at Indiana’s horse racing tracks. For all of these reasons, we reverse the Marion Superior Court’s order setting aside and vacating the IHRC’s order excluding Martin from IHRC grounds and remand this case with instructions to reinstate the IHRC’s order and exclusion notice."    

 

ADVERTISEMENT

Post a comment to this story

COMMENTS POLICY
We reserve the right to remove any post that we feel is obscene, profane, vulgar, racist, sexually explicit, abusive, or hateful.
 
You are legally responsible for what you post and your anonymity is not guaranteed.
 
Posts that insult, defame, threaten, harass or abuse other readers or people mentioned in Indiana Lawyer editorial content are also subject to removal. Please respect the privacy of individuals and refrain from posting personal information.
 
No solicitations, spamming or advertisements are allowed. Readers may post links to other informational websites that are relevant to the topic at hand, but please do not link to objectionable material.
 
We may remove messages that are unrelated to the topic, encourage illegal activity, use all capital letters or are unreadable.
 

Messages that are flagged by readers as objectionable will be reviewed and may or may not be removed. Please do not flag a post simply because you disagree with it.

Sponsored by

facebook - twitter on Facebook & Twitter

Indiana State Bar Association

Indianapolis Bar Association

Evansville Bar Association

Allen County Bar Association

Indiana Lawyer on Facebook

facebook
ADVERTISEMENT
Subscribe to Indiana Lawyer
  1. November, 2014, I was charged with OWI/Endangering a person. I was not given a Breathalyzer test and the arresting officer did not believe that alcohol was in any way involved. I was self-overmedicated with prescription medications. I was taken to local hospital for blood draw to be sent to State Tox Lab. My attorney gave me a cookie-cutter plea which amounts to an ALCOHOL-related charge. Totally unacceptable!! HOW can I get my TOX report from the state lab???

  2. My mother got temporary guardianship of my children in 2012. my husband and I got divorced 2015 the judge ordered me to have full custody of all my children. Does this mean the temporary guardianship is over? I'm confused because my divorce papers say I have custody and he gets visits and i get to claim the kids every year on my taxes. So just wondered since I have in black and white that I have custody if I can go get my kids from my moms and not go to jail?

  3. Someone off their meds? C'mon John, it is called the politics of Empire. Get with the program, will ya? How can we build one world under secularist ideals without breaking a few eggs? Of course, once it is fully built, is the American public who will feel the deadly grip of the velvet glove. One cannot lay down with dogs without getting fleas. The cup of wrath is nearly full, John Smith, nearly full. Oops, there I go, almost sounding as alarmist as Smith. Guess he and I both need to listen to this again: https://www.youtube.com/watch?v=CRnQ65J02XA

  4. Charles Rice was one of the greatest of the so-called great generation in America. I was privileged to count him among my mentors. He stood firm for Christ and Christ's Church in the Spirit of Thomas More, always quick to be a good servant of the King, but always God's first. I had Rice come speak to 700 in Fort Wayne as Obama took office. Rice was concerned that this rise of aggressive secularism and militant Islam were dual threats to Christendom,er, please forgive, I meant to say "Western Civilization". RIP Charlie. You are safe at home.

  5. It's a big fat black mark against the US that they radicalized a lot of these Afghan jihadis in the 80s to fight the soviets and then when they predictably got around to biting the hand that fed them, the US had to invade their homelands, install a bunch of corrupt drug kingpins and kleptocrats, take these guys and torture the hell out of them. Why for example did the US have to sodomize them? Dubya said "they hate us for our freedoms!" Here, try some of that freedom whether you like it or not!!! Now they got even more reasons to hate us-- lets just keep bombing the crap out of their populations, installing more puppet regimes, arming one faction against another, etc etc etc.... the US is becoming a monster. No wonder they hate us. Here's my modest recommendation. How about we follow "Just War" theory in the future. St Augustine had it right. How about we treat these obvious prisoners of war according to the Geneva convention instead of torturing them in sadistic and perverted ways.

ADVERTISEMENT