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Breeders' Cup 2017

Dutrow Says Ban Violates Civil Rights

Trainer Rick Dutrow Jr. has asked New York's top court to overturn his 10-year ban by the New York State Racing and Wagering Board, saying it raises substantial civil rights issues.
 
In requesting the Court of Appeals to hear Dutrow's case, attorney Michael Koenig said it should decide whether the appearance of bias by racing board chairman John Sabini cost the trainer his right to a fair proceeding over drug violations. In court papers, they said Sabini had a conflicting role as an officer of the Association of Racing Commissioners International, which advocated revoking Dutrow's license.
 
A mid-level New York court in July upheld the ban. State lawyers countered that the lower court found no evidence of actual bias, urging the top court to reject Dutrow's case.

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Older Comments about Dutrow Says Ban Violates Civil Rights...

the sad thing is that the man can train horses. He didn't need extra help. A sad case of somebody derailing his own career.
Uniform rules and consequences, as opposed to setting examples when things are allowed to get this bad--not referring to one violator, btw.
Or any sport for that matter.
Keep the ban. Don't need people like him in this sport.
Violates civil rights? Like he violated the drugging rule?
The ban should be permanent and used as an example. Don't need dopers in this sport which have destroyed the soundness of the breed.
Ya Dickie and Drugging horses takes those rights to handle them away....
In reading the article, Dutrow went from 90 days to a lifetime ban which was reduced to 10 years. The reason the period was increased was the history of repeated violations. Like a judge in a law court a hearing officer in a quasi-judicial administrative board has great leeway in the punishment imposed. They usually take into account whether this was a first offense or as in this case there were repeated violations. Dutrow was also fined $50,000 for the offenses. The hearing officer did not make this up as he went. Under statutory authority there are prescribed penalties for infractions with have a wide range given the nature of the offense and whether the person is a repeat offender. From a legal point, Dutrow is claiming bias which is factual issue which was decided by the trial court that no bias existed from the facts presented. An appeals court has already upheld the trial courts finding of no bias. As a lawyer, I can tell you Dutrows chance of having this heard by the Court of Appeals in NY is pretty limited.
How do you go from 90 days to 10 years? Doesn't seem fair. The only thing he should have to appeal is the 90 days they first handed out. There's needs to be uniform rules and penalties for breaking the rules. Not make up them up as they go. All need to abide by them and get penalized the same, no matter who it is.

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