Court puts Penn National’s move to ban trainer on hold

by Ray Paulick | 08.13.2012 | 12:25pm

Here is a curious case, but not a surprising one given the Pennsylvania Horse Racing Commission’s longstanding record of regulatory impotence.

On Friday, trainer Tito Moreno received a temporary restraining order in United States District Court for the Middle District of Pennsylvania on Friday preventing Penn National racetrack and racing director Mark Loewe from excluding Moreno’s horses from being entered at the Grantville, Pa., and from ordering his horses off the racetrack property, pending a hearing.

A preliminary hearing will be held on Thursday in Harrisburg, Pa.

Christopher McErlean, Penn National Gaming Inc.’s vice president of racing, said the company would not comment on the track’s decision to exclude Moreno because it is a pending legal matter.

Moreno has won eight races from 68 starts during the 2012 Penn National meeting. His last runner was Aug. 3 at Penn National. Horses from his barn entered since that date have been ordered scratched – apparently by Penn National officials.

The Pennsylvania Horse Racing Commission is believed to be investigating the matter but has taken no action against Moreno.

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Dill Pickle

You know, everyone complains when trainers cheat, or over medicate, or whatever, then when track and/or racing commissions finally wake up and try to rule them off, or give them days, or whatever, courts ALWAYS overturn their punishments, or give them a “stay”, ( whatever the hell that is ) pending “another” hearing…. either way, cheaters prosper, and their is no recourse for rule breaking. Gee, is good ol’ “10 year ban” Rick Dutrow still leading over winners?? Yep, sure is, in fact he was leading trainer at Belmont Spring meet…. Good job, Judge.
Dill Pickle

You know, everyone complains when trainers cheat, or over medicate, or whatever, then when track and/or racing commissions finally wake up and try to rule them off, or give them days, or whatever, courts ALWAYS overturn their punishments, or give them a “stay”, ( whatever the hell that is ) pending “another” hearing…. either way, cheaters prosper, and their is no recourse for rule breaking. Gee, is good ol’ “10 year ban” Rick Dutrow still leading over winners?? Yep, sure is, in fact he was leading trainer at Belmont Spring meet…. Good job, Judge.
Dill Pickle

not to be off topic, but its hard to imagine what crimes you have to commit to get ruled off from Penn National……
Dill Pickle

not to be off topic, but its hard to imagine what crimes you have to commit to get ruled off from Penn National……
http://www.facebook.com/savestallions1 Mary Adkins-Matthews

Why was there never an update on Mark Wedig either? The hearing was held but no update was reported. The problem is that if Mountaineer were to get serious about enforcing rules and policies, they would have to close the track down.
http://www.facebook.com/savestallions1 Mary Adkins-Matthews

Why was there never an update on Mark Wedig either? The hearing was held but no update was reported. The problem is that if Mountaineer were to get serious about enforcing rules and policies, they would have to close the track down.
http://judgebork.wordpress.com/ Lou Baranello

Ray, Forgive them for they know naught about what they speak.
- Cjl1029
  
  What was he ruled off for?
  - http://judgebork.wordpress.com/ Lou Baranello
    
    I don’t understand your question. What was WHO ruled off for?
http://judgebork.wordpress.com/ Lou Baranello

Ray, Forgive them for they know naught about what they speak.
Meyer1127

So they tracks just give up? Courts are too easy to let it ride.No pun intented.
- http://judgebork.wordpress.com/ Lou Baranello
  
  Meyer, Please cite ONE case where the final decision of a court of law was one that reversed or modified a decision of a racing commission or board in regard to a trainer with an alleged medication violation.
  - oldbay
    
    how about the morphine positives that were thrown out with the poppy seed defense? Funny this happened at a time when morphine was rumored to being used.
Meyer1127

So they tracks just give up? Courts are too easy to let it ride.No pun intented.
Cjl1029

What was he ruled off for?
http://judgebork.wordpress.com/ Lou Baranello

Meyer, Please cite ONE case where the final decision of a court of law was one that reversed or modified a decision of a racing commission or board in regard to a trainer with an alleged medication violation.
http://judgebork.wordpress.com/ Lou Baranello

I don’t understand your question. What was WHO ruled off for?
ttowntony

There really isn’t enough information in this article to comment on. One can only speculate. It merely states that Tito Moreno got a temporary restraining order from the courts preventing Penn National Racetrack from excluding Moreno’s horses from being entered, and from ordering Moreno’s horses off of racetrack property.
ttowntony

There really isn’t enough information in this article to comment on. One can only speculate. It merely states that Tito Moreno got a temporary restraining order from the courts preventing Penn National Racetrack from excluding Moreno’s horses from being entered, and from ordering Moreno’s horses off of racetrack property.
Bryan Langlois (ShelterDoc)

I guess I don’t understand the law or how things work as well as I thought I did. I’m not sure how a person that is ruled off a track by a private owner who basically owns the facility and can decide what and who is allowed there, can even have an appeal. If that is his legal right…then I guess that is just how the system works, but I never knew that was an even appealable thing…
- Anderson5999
  
  This is exactly what is wrong with the sport. Tracks like Penn and Parx that invoke that “private property” excuse to throw people off the backstretch – whether justified or not – just prove that racing is a sport that cannot be overseen by a central authority, nor governed by any universal laws. Penn and Parx claim they are “private property,” yet they readily accept slots revenue from Harrisburg’s coffers.
Bryan Langlois (ShelterDoc)

I guess I don’t understand the law or how things work as well as I thought I did. I’m not sure how a person that is ruled off a track by a private owner who basically owns the facility and can decide what and who is allowed there, can even have an appeal. If that is his legal right…then I guess that is just how the system works, but I never knew that was an even appealable thing…
Anderson5999

This is exactly what is wrong with the sport. Tracks like Penn and Parx that invoke that “private property” excuse to throw people off the backstretch – whether justified or not – just prove that racing is a sport that cannot be overseen by a central authority, nor governed by any universal laws. Penn and Parx claim they are “private property,” yet they readily accept slots revenue from Harrisburg’s coffers.
oldbay

how about the morphine positives that were thrown out with the poppy seed defense? Funny this happened at a time when morphine was rumored to being used.
http://Bellwether4u.com James Staples

SAME OLD BS HEAR…PLEASE…
http://Bellwether4u.com James Staples

SAME OLD BS HEAR…PLEASE…
Stacy Fl

He is a big Cheat!!!!!!!!! I used to call him a snake in the grass:) but I can’t prove anything he has done it was all backside talk
Stacy Fl

He is a big Cheat!!!!!!!!! I used to call him a snake in the grass:) but I can’t prove anything he has done it was all backside talk
In Tears

I worked at Penn National, it’s I didn’t see a thing.
In Tears

I worked at Penn National, it’s I didn’t see a thing.