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Thursday, April 1, 2004
Ruling due soon on track challenge
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BANGOR — A Superior Court justice is expected to issue a ruling by Friday that could affect Penn National Gaming's efforts to conduct horse racing in Bangor this summer and install slot machines at the track in future months. Justice Andrew Mead heard arguments Wednesday related to a Maine Harness Racing Commission decision to issue a conditional racing license to the company that conducts races at Bangor Raceway, the city-owned track at Bass Park. Mead said he would try to decide by week's end whether the commission abused its discretion when it denied the requests of the Passamaquoddy and Penobscot tribes, and the group Casinos No!, to intervene in the licensing process. Should Mead vacate the conditional license issued in February to Penn National, nobody would be licensed to conduct already scheduled harness races at the track in Bangor. Revoking the license, as requested by the tribes and Casinos No!, would also take away Penn National's right under a new state law to operate slot machines at the track. Eleven attorneys appeared before Mead at the Penobscot County Superior Court. Listening to the 2 1/2 hours of arguments were horse owners and trainers, tribal members, the Bangor city attorney and the executive director of the racing commission. The tribes and anti-slot machine group argued the commission illegally denied their requests for legal standing in the licensing process earlier this year. Attorneys for the racing commission, along with horse owners, track owners and track operators, argued the tribes and Casinos No! waited too long to request intervenor status. Scarborough Downs' attorney Edward MacColl of Thompson Bull Furey Bass & MacColl said the tribes wanted to "steal this business" from Penn National by operating slots at Bass Park themselves. Voters rejected a referendum question in November that would have allowed the tribes to operate a casino in Maine. Tribal attorney Kaighn Smith, with Drummond Woodsum & MacMahon, said the tribes believe their offer to Bangor would benefit the city and state. MacColl also said Casinos No! is trying to make up now for mistakes made prior to the November 2003 vote that legalized slot machines at commercial racetracks. "They slept on their regrets so soundly that public turmoil didn't wake them, until something happened in February to wake them," he said. In February, former Bangor Historic Track owner Shawn Scott announced he was transferring ownership in the company to Penn National. Bangor Historic Track has operated harness races at the city-owned track for 10 years. Shawn Scott became a major shareholder in 2003, prompting the racing commission to give the company a conditional license until Scott passed a state background check. Scott and his Las Vegas company Capital Seven acquired full ownership in December 2003 while the commission was holding a hearing regarding his financial and moral suitability to conduct harness racing in Maine. The tribes and Casinos No! filed requests for intervenor status the day before Penn National filed an amended application for the license. The requests, along with another from the Christian Civic League, were denied. On Feb. 17, Penn National was awarded a conditional racing license for the 2004 season pending its successful completion of a suitability check. Casinos No! attorney James Kilbreth, with the firm Verrill & Dana, said there was no opportunity for his group to call witnesses or cross-examine Penn National officials before the license was granted. Bernard Kubetz, a lawyer with Eaton Peabody, is representing the racing commission. He said Wednesday that the tribes and Casinos No! would have an opportunity to participate in the licensing process when the commission holds Penn National's suitability hearing. "The public will be permitted to fully participate so there is not public doubt as to the credibility and stability of the owner to operate at Bass Park, to operate both harness racing and slot machines," Kubetz said. Staff Writer Grace Murphy can be contacted at 791-6383 or at: gmurphy@pressherald.com
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