Harness racing is missing something…a Commissioner!

Major League Baseball has one…The NBA has one…The NFL has one…Major League Soccer has one…Hockey has one…even the Women’s National Basketball has one.

We’re talking Commissioners here…and harness racing needs one.

The Charlie May deal—stretching back more than 18 months—has convinced me that nobody wins these battles…even if they do win.

Yes, Judge Andrew Baron has ordered that the “track side judges (,) which was sustained by the Racing Commission must be REVERSED…”

The ruling further stated that this was an “arbitrary, capricious and unjust and violated petitioner’s fundamental due process rights and the rights of the wagering public…”

That would make Charlie May the winner off the 2021 Meadowlands Pace

But it’s not over just yet.

Judge Baron’s decision “may be adopted, modified or rejected by the New Jersey Racing Commission, which is, by law, authorized to make a final decision in this matter” with a 45-day window (unless extended) to bring closure to the matter.

No need refreshing memories on the “off” track that night due to the nagging and continuous rain.

Things tend to happen on racetracks, whether they are classified as fast, good, sloppy or muddy but, certainly, less-than-ideal weather conditions add that much more danger in our sport that can cause disaster in a split-second.

In thinking further about it, it’s amazing that these professional athletes in the sulky—among the best in the business—averted a disaster that a could have caused injury or, God forbid, something ever worse.

When an incident occurs on the track requiring review by the licensed and accredited judges, these officials are there to do exactly what Judge Baron described in his ruling—EXACTLY.

The big difference is that the Judges atop The Meadowlands had their binoculars in hand, witnessing, firsthand, the event and then, reviewing the situation over and over again before coming to their decision.

And this…from a distinguished judge in racing…”Everything that happened at that time ent into the decision…video replays, maybe angles not public, patrol judge testimony…

“As a rule, I don’t like the idea that Steward’s decision on placing is able to be appealed. Those cases are heard by and presented by people, in many instances, with zero experience in the racing industry. They will get it wrong more times than right.

“Maybe it was the right call and maybe it wasn’t but that’s horse racing. 

“Stewards at any track make fewer wrong decisions in their careers than NFL Officials make on any weekend!”

I have no interest in taking sides here. The winners were happy, as were those cashing tickets.

And, if I was a professional driver, I would, too, be reluctant to point blame on any of my competitive cousins if the judges called me for comment.

After all, the racetrack is a terrible place for revenge!!!

I asked for comments on this situation on all sides of the issue—drivers, trainers, judges, fans and, as expected, got little response with many saying, “they just don’t want to get involved!”

That is completely understandable.

But the few who did—whether requesting anonymity or not—put forth some valid arguments on both sides.

But ALL said it’s about time our sport had, like other sports, an appointed Commissioner with two Hall of Fame associates that are revered among their peers in the sport to settle any future inquiries of such serious nature.

Longtime horseman Peter Blood, who’s played “every instrument in the orchestra” in harness racing—owner-trainer-driver-breeder-official—and described it like this, “I watched Southwind Gentry clubbing this left knee and putting in steps around the last turn. Charlie May should never have come down in the first place.

“Having said that, I don’t expect the original decision will be reversed and justice will NOT be served.

“I also believe that, at all tracks, the judges should have experience in the sulky so they, too, can accurately judge a situation. I think it’s ludicrous that they try and judge a situation they have never experienced themselves!”

Another prominent horseman, who has been in the business for over four decades with countless big states wins, has requested anonymity, saw it in a different way saying, “This was a very tough call. Looked like interference to ‘Rockyroad’ (Hanover) that might have been caused by Charlie May. I don’t see the horse of Burke’s (Southwind Gentry) doing a lot—maybe a skip but not enough to call it bothering Charlie…not enough evidence for that.

“One thing I will say…I think going to court opens up (a bag of worms) and I, personally, don’t like it and all this judge (Baron) did was make a recommendation since the NJ Racing Commission has the final say.

“That brings me to my next point. I would like to see a Racing Commissioner appointed and a man named John Campbell  to take the ‘lines.’ Then, something like this would go to the ‘Commish’ with a panel of Hall of Fame drivers to make the call on any appeal. But this was a tough, tough call!”

Harness racing safety advocate Tim Finley also chimed in saying, “I have never been trained as a judge, so my opinion is common sense. I watched the replay multiple times and agree that Brett (Miller driving Charlie May) made the safe call and did what he had to do. His horse was first across the line and looked the strongest. Interfering with the progress of trailing horses is sad but it happened.

“I agree with the recent decision, and I believe the NJRC would look foolish if they did not agree.”

Finley has been an advocate of transparency in the sport for safety issues and thinks TWO inside passing lanes would make racing “more competitive and safer.”

He closed his remarks by echoing the need for a Commissioner and Hall of Fame staff of drivers to settle all disputes.

So, at the end of all this, two things can happen.

Either the NJRC will reverse Judge Baron’s decision and and keep things status quo as the current chart reads or the NJRC will affirm Judge Baron’s decision with the patrons who had winning tickets on Charlie May wondering where their $31.00 winning tickets can be cashed…18 months later!

by John Berry, for Harnesslink