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Author Topic: Plenty of confusion and interpretation of state law regarding reopening  (Read 1771 times)

raceannouncer

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Here is a copy-and paste of New York State's Governor Cuomo's executive order regarding racetracks re-opening ...A link of a .pdf on the state's website can be found at the bottom. Not unexpectedly, the order is filled with plenty of "legalese" (so beware: it is a long read...) 

The bulk of the document is in regard to political election guidelines--but as one might expect, cleverly tucked in at the bottom of the document regards operation of racetracks: specifically as it pertains to fan attendance

"Any licensee or franchisee of a racetrack in the State is hereby permitted to operate such racetrack as of June 1, 2020, provided such racetrack does not permit any visitor or fan into the facility, and allows on site only essential personnel; and provided further that such licensee or franchisee of a racetrack, and all essential personnel adhere to any directive or guidance issued by the Department of Health and/or by the Gaming Commission." 

I could be misinterpreting what the order states but in my mind, the legalities of the operation of racing getting back to "normal" is one for attorneys to muddle through.  Now, I ain't no lawyer nor legal scholar so I welcome interpretations and opinions for discussion of executive order 202.44. We all want racing to return to the way it was before all this pandemic stuff affected nearly all aspects of our lives...

Keep the discussion lively but PLEASE let's stay away from heavy-handed political overtones, bashing and personal insults!

https://www.governor.ny.gov/news/no-20244-continuing-temporary-suspension-and-modification-laws-relating-disaster-emergency
« Last Edit: July 02, 2020, 06:28:43 AM by raceannouncer »
"A government big enough to give you everything you want is a government powerful enough to take away everything that you have."

leadfoot4

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Mike, I hate to reiterate this, but as I said in another discussion on this site, I believe that short track, automobile racing, as we've known and loved it in NY, for the last 80 years, or so, is dead. We already knew that the sport was NOT on the politicians' short list of "approved" sports, and this announcement further solidifies that belief.

Furthermore, if that isn't enough, yesterday, the Rochester Red Wings, upstate NY's professional baseball team, announced that their season has been cancelled. When the "politically correct" sport of minor league baseball, a sport that has the financial support of the county, therefore is responsible to the taxpayers to make as serious an effort as possible, to generate income, to offset the expenses of operating in a county owned stadium, gets cancelled, you know that the "politicos" couldn't care less about automobile racing.

Sadly, VERY sadly, I feel it necessary to say, "RIP, NY state race tracks, you had a good run and a well deserved place in history".....................


raceannouncer

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Thanks for keeping your reply concise and mature...There are those who believe some sort of injunction modifying the order is well underway or is about to be created.
« Last Edit: July 01, 2020, 07:02:21 AM by raceannouncer »
"A government big enough to give you everything you want is a government powerful enough to take away everything that you have."


tp176

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I had a lengthy discussion with a local state politician executive assistant yesterday. I told him that with this call, one of many I have in to him since this ordeal began, I want an ANSWER. I asked him why can we put 1000 people inside our local Walmart but can't allow even 500 people into an OUTDOOR venue. No fishing tournaments? Can't take my kids to a park? But I CAN go to a casino - indoors!
During our discussion he was explaining the very document referenced above and curiously, there is a section missing under racing. He too thought this to be curious. He promised an answer and I will take him to task to get it. My suggestion is, as the gym owners have done, is a class action suit. Overreach is not even a close term to be used in this situation.
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raceannouncer

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I agree!  The ambiguity and resulting confusion seems to come from the lack of distinction between state horse race tracks and auto racing facilities...It's only my unguided interpretation and opinion!  (I would love to speak with long-time Holland track owner and attorney, Ron Bennett, regarding his opinion about ALL this!!!)
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tom89tech

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I think that the local short track will not be able to open this year. I think we car owners have a model car in the garage. This hurts a lot of people with a loss of revenue. The state will complain that they are losing tax revenue but they are doing it to themselves.


phredo

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Over the past few weeks, we've seen the ability of many New York State dirt tracks to open.  Lebanon Valley, Fonda, Utica-Rome, Outlaw (Dundee), Albany-Saratoga, Canandaigua, and Thunder Mountain come quickly to mind.  Asphalt tracks, on the other hand, have not opened.  Not one to the best of my knowledge/memory?  Why such a bifurcated response to the pandemic?  What does this tell us about the health of the short track racing industry?
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DPackman_PR

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Mike, I hate to reiterate this, but as I said in another discussion on this site, I believe that short track, automobile racing, as we've known and loved it in NY, for the last 80 years, or so, is dead. We already knew that the sport was NOT on the politicians' short list of "approved" sports, and this announcement further solidifies that belief.

Furthermore, if that isn't enough, yesterday, the Rochester Red Wings, upstate NY's professional baseball team, announced that their season has been cancelled. When the "politically correct" sport of minor league baseball, a sport that has the financial support of the county, therefore is responsible to the taxpayers to make as serious an effort as possible, to generate income, to offset the expenses of operating in a county owned stadium, gets cancelled, you know that the "politicos" couldn't care less about automobile racing.

Sadly, VERY sadly, I feel it necessary to say, "RIP, NY state race tracks, you had a good run and a well deserved place in history".....................

More or less speaking to the Rochester Red Wings point, this could end up disastrous as MLB executives have hinted at cutting the number of minor league teams by 42... not good... but yeah, the amount of power and control the governor's office has in setting uneven criteria for activities that are equally low risk is absolutely terrifying. Before this is all over and done with, entire industries will have vanished and 1000's of small and regional businesses will be gone. But hey, at least the numbers are down now that he killed off the most vulnerable, and can use this as a political chip heading into the election cycle.
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raceannouncer

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Short tracks of all types of racing previously endured at least two terrible seasons due to inclement weather so I wouldn't be surprised if that plays a role in any decisions regarding ongoing operations or those moving forward!
« Last Edit: July 01, 2020, 11:28:07 AM by raceannouncer »
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leadfoot4

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I agree!  The ambiguity and resulting confusion seems to come from the lack of distinction between state horse race tracks and auto racing facilities...It's only my unguided interpretation and opinion!  (I would love to speak with long-time Holland track owner and attorney, Ron Bennett, regarding his opinion about ALL this!!!)

I think there's a VERY big distinction between horse racing and auto racing, and it isn't about "horsepower"....horse racing is a gambler's sport, and the gambling generates tax revenue, which won't be curtailed, as the state desperately needs money. This need has ALWAYS been there, as the Democrats didn't earn their moniker, "tax and spend Democrats", by being frugal. But given the current situation, they need the money even more. Auto racing, on the other hand, doesn't generate that type of income.

Over the past few weeks, we've seen the ability of many New York State dirt tracks to open.  Lebanon Valley, Fonda, Utica-Rome, Outlaw (Dundee), Albany-Saratoga, Canandaigua, and Thunder Mountain come quickly to mind.  Asphalt tracks, on the other hand, have not opened.  Not one to the best of my knowledge/memory?  Why such a bifurcated response to the pandemic?  What does this tell us about the health of the short track racing industry?

From what I understood, through my participation in the other, related thread, I believe that the dirt tracks got together and signed up for a "pay per view" deal, so they can run without a packed grandstand, and still make money (hopefully). The paved tracks didn't do this, so they lost out.



Short tracks of all types of racing endured at least two terrible seasons due to inclement weather so I wouldn't be surprised if that plays a role in any decisions regarding ongoing operations or those in the foreseeable future!

Thing is, as long as you don't have any legal restrictions over operations, if the weather looks "iffy", a track owner can still decide to "take a stab at it", and try to get the show in. This year, "Commandant Cuomo" is flexing his muscles, and preventing anything from happening. It's a different set of circumstances.

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All so  sad really. people on hear and other sites have longed complained about politics on a (fill in the blank) site. " This a racing sites don't talk about politics I have no interest" Paraphrasing but the point?   It cannot be seperated since it has crept into every aspect of our lives. We are witnessing a throttled up attempt to remove even more of our rights by an emboldend Progessive political monster that has had the slow encroachment of those rights curtailed by the election of Donald Trump.  The do nothing weak kneed opposition  ( Republican party) is feckless and  just along for the ride. They have no spine when it comes to our personal LIBERTY.
How sad to read the defeatisum in the words of Leadfoot as he proclaims the end of our sport.

The big gun grab coming from the Left just may start the second American cvil war.. something I thought I'd never see in my life time.
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If the race tracks donated as much money to the political campaigns like Wal Mart does, they would be able to open


leadfoot4

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... but yeah, the amount of power and control the governor's office has in setting uneven criteria for activities that are equally low risk is absolutely terrifying. Before this is all over and done with, entire industries will have vanished and 1000's of small and regional businesses will be gone. But hey, at least the numbers are down now that he killed off the most vulnerable, and can use this as a political chip heading into the election cycle.


I agree!

All so  sad really. People on here and other sites have long complained about politics on a (fill in the blank) site.  "This is a racing site, don't talk about politics I have no interest" Paraphrasing but the point?  It cannot be separated since it has crept into every aspect of our lives. We are witnessing a throttled up attempt to remove even more of our rights by an emboldend Progessive political monster that has had the slow encroachment of those rights curtailed by the election of Donald Trump. The do nothing weak kneed opposition (Republican party) is feckless and  just along for the ride. They have no spine when it comes to our personal LIBERTY.

How sad to read the defeatisum in the words of Leadfoot as he proclaims the end of our sport.

The big gun grab coming from the Left just may start the second American cvil war.. something I thought I'd never see in my life time.
If you like your way of life..well you just might have to go and fight to preserve it.

"UM", I agree with most of what you said, but I don't think that I'm promoting "defeatism". I feel that I'm just being realistic. I celebrated another birthday a few days ago, and it scares me that I'm getting really close to 70 years of age. I've been an automobile racing enthusiast/participant for over 60 of those years, and although it brings me no pleasure, I've witnessed the steady decline of the sport. And while many race tracks were, at one time, "out in the boondocks", therefore slightly noticed, over time, the population has moved to where the tracks are, and suddenly the tracks have become a problem.

My comments are nothing more than a reflection of the times.



If the race tracks donated as much money to the political campaigns like Wal Mart does, they would be able to open

You got that right!!

bakes

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To me, attending a race becomes an issue of personal responsibility; can people be trusted to wear masks in public, distance themselves 6 feet apart (trust me, you can hear me from 60 feet, conversations are possible at 6 feet), and wash their hands?  Those are the primary disease vectors.

Putting a kibosh on racing is telling us, from a governmental point of view, "no, we do not trust you to be responsible adults."

All I would ask is that we be allowed to show that we ARE responsible adults.

Is that too much to ask? 

And this is coming from someone who, as many of you know, is so far left he's almost around the edge to the right again.  LOL

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/"Putting a kibosh on racing is telling us, from a governmental point of view, "no, we do not trust you to be responsible adults."

Hmm, not exactly.  If this were true the governmental point of viewers would put a stop to all the protesters and in fact many of these governmental point of viewers are encouraging and abetting this behavior.  If a protest was scheduled to take place at a racetrack the protest would go on as planned.  Of course we know protesters are immune to "the virus" ;)  The truth is that racing and race fans doesn't fit the narrative, yet the chaos and destruction caused by protesters do.  Isn't it funny(??) how that works*


 

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