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HOT
NEWS!
News
of concern to all horsepeople
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NJ
Supreme Court upholds the NJ Equestrian Activities Liability Act
! [ Argued March 22, 2010 -- Decided July 28, 2010 Gloria Hubner
and Michael Hubner v. Spring Valley Equestrian Center (A-52-09)
]
The NJ Supreme
Court has upheld the NJ Equestrian Activities Liability Act ! [
Argued March 22, 2010 -- Decided July 28, 2010 ] The lawsuit filed
against an Equestrian Center (A-52-09) ]challenging the Equine Liability
Law was upheld at first, appealed, overturned and made it's way
to the NJ Supreme Court where the appeal was overturned, upholding
the Equestrian Activities Liability Act .
- The Equestrian
Activities Liability Act is one of a series of statutes using
assumption of risk principles to allocate responsibility for injuries
sustained in inherently dangerous recreational activities.
- The Equestrian
Activities Liability Act establishes a line between the inherent
risks assumed by participants and conditions within a facility's
control.
- The demonstrated
legislative intent is that the sections defining assumed risks
would be read broadly in favor of operators, while their obligations
would be read narrowly. Harmonizing the provisions requires viewing
them in the context of an activity with inherent dangers beyond
an operator's control.
- The Legislature
considered the unpredictable nature of horses and the dangers
posed by the terrain over which they are ridden.
- While the
statute precludes claims for injuries caused by uncontrollable
risks, it also reflects that a facility operator owes participants
certain ordinary duties of care.
To read the
decision: http://lawlibrary.rutgers.edu/courts/supreme/a-52-09.opn.html
FYI:
If you do NOT have the Equine Liability Sign posted in your equine
areas, you are NOT covered by the law. You need to have prominently
displayed the NJ law sign and you need to run a safe and lawful
barn. Check with your insurance carrier/agent to be sure that you
are covered. Many have had to get a separate policy for equine businesses
like boarding.
Need a sign?
NJ Horse Council sells them: http://www.njhorsecouncil.com/store.htm
as do many tack shops.
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NJ
Pony Cubber participates in International Inter Pacific Exchange
program!
One of 4 USPC
members is a NJ pony club member of the Somerset Hills Pony Club,
Gus Torsilieri, who lives in Flemington. The exchange was supposed
to take place in 2009, but was postponed due to the H1N1 virus scare.
These kids have just arrived in Hong Kong and will be meeting teams
from other countries, spending time together, and this is followed
by three days of mounted competition.
You can follow
them via this blog:
http://ipeteam.blogspot.com/?psinvite=ALRopfUy0vztoofD2mD2_j7fvCBpsEFAcnJ
VTlfDI4voszkmAYUWabZ4IXTOcRB9Ra4vZ8Roq92JWQ4yrI4zDiGGYZHB1zHKHQ
This particular
exchange was opened to members who are "B" rated or higher,
18 years old and up. Gus is an H-A (one step higher than a "B"),
and just finished his freshman year at college. In additional to
riding, he is also an accomplished musician - his major in college.
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NJ
Horse Council and Hoofing 2 Help Join Forces in Sponsoring Trail
Ride September 19th at Mercer Cty Equestrian Center to Help Equestrian
Charities
Join Us! Sunday,
September 19, 2010 (Rain date: September 26, 2010)
Go to Hoofing2Help.org
(or call 908-823-4112) for information and to register
Location: Mercer County Equestrian Center, 431 Federal City Road,
Pennington, NJ
Come out and test your horse knowledge in our Jeopardy Trail
Ride!!
Including: Music * Food * Gymkhana * Auction * Raffle * 50/50
Please visit Hoofing2Help on Facebook
We also need
DONATIONS for this ride - goods, services, etc. - whatever we can
raffle or auction.
Can you help?
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Statements
from prominent horse people about the future of horse racing in New Jersey
What
does New Jersey stand to lose if there is no horse racing in the state?
Response to the Report of the Governors Advisory Commission on New
Jersey Gaming, Sports and Entertainment
Karyn Malinowski, Ph.D.
Director Rutgers Equine Science Center
July 23, 2010
The New Jersey equine industry benefits every resident in the state through
its socio-economic influence, reflected in its positive annual economic
impact and its role in the preservation of working agricultural landscape,
which enhances the quality of life for all in the Garden State.
The industry includes various sectors such as horse racing, breeding,
sport/recreation and pleasure interests. Infrastructure for the equine
industry includes people working throughout the state in areas such as:
retail, veterinary medicine, feed and supply, insurance, and real-estate,
to name a few.
The New Jersey equine industry is valued at $4 billion and generates $1.1
billion ($780 million due to racing) annually in positive impact on the
state economy. It is responsible for 13,000 jobs, more than half of which
are generated by racing-related interests such as race tracks and horse
breeding and training facilities. The New Jersey equine industry pays
an estimated $160 million annually in federal, state, and local taxes
($85 million generated by equine operations and owners and $75 million
generated by New Jersey racetracks).
A total of 176,000 total acres support equine facilities in New Jersey.
Approximately 96,000 of these acres are directly related to equine activities,
78,000 are devoted to pasture and hay production, with 46,000 additional
acres producing hay and forage on non-equine-related operations. Equine-related
acres represent more than one-fifth of the state's 790,000 acres in agriculture.
Equine animals and operations account for 42,500 horses housed in New
Jersey at 7,200 facilities. Of this total, 12,500 (nearly 30 percent)
are in racing-related activities. These include 8,200 Standardbreds and
4,300 Thoroughbreds (on a total of 700 facilities) that are either actively
racing or are racing breeding stock.
In 2006, at the request of the Hall Institute of Public Policy, the director
of the Rutgers Equine Science Center, Karyn Malinowski, was invited to
address economic development for the equine industry and the future of
horse racing in New Jersey in a white paper. In 2009, Malinowski and Ryan
Avenatti wrote an overview of the impact of slot machines on horse racing,
agriculture, and open space which was published on the Hall Institute
website. Once again the Hall Institute has requested assistance from the
Center in responding to the Report of the Governors Advisory
Commission on New Jersey Gaming, Sports and Entertainment (also
referred to as the Hanson Report).
Center director Karyn Malinowski shares her views regarding the impact
of the Hanson report recommendations on New Jersey and specifically, the
equine industry, if adopted as presented to Governor Chris Christie on
July 21, 2010:
It is obvious from the report that the state of New Jersey is no
longer interested in the live-racing business. This opinion
comes from a summary of the Commissions recommendations which in
essence eliminates the major player in harness racing, i.e. the Meadowlands
Racetrack, and proposes to change legislation in order to permit off track
wagering (OTW) without the need for live-racing. This would be convenient
for the operators of the OTWs where revenue from gambling can be secured
without the expense of providing live racing. Whats puzzling is
the fact that no where in the Hanson report is the value of the horse
industry to the states agricultural business mentioned.
The Garden State stands to lose the greatest portion of its premier agribusiness
that generates $780 million of economic impact annually, 7,000 jobs, $115
million in federal, state and local taxes, and 57,000 acres of working
agricultural landscape and open space, if racing-related training and
breeding farms leave New Jersey. Contributing to the total economic impact
are New Jerseys four racing venues: The Meadowlands, Freehold Raceway,
Monmouth Park Racetrack, and Atlantic City Race Course, valued at $502
million annually.
In 2007, a Center analysis of preserved farmland in the state showed that
only a small portion is actually in equine-related activity. The analysis
determined that only eight percent of the acreage in the Farmland Preservation
Program is used for horse-related activities and 11 percent of preserved
farms are in the horse business. Currently, acreage supported by equine
interests makes up more than 20 percent of the total farmland in New Jersey.
This reinforces the argument that the state stands to lose this farmland
to development (up to 57,000 acres) if racing is no longer viable.
One recommendation by the Commission is to close the Meadowlands Racetrack
or offer the Standardbred Breeders and Owners Association of New Jersey
(SBOA-NJ) the opportunity to lease the track for $1.00 per year for up
to three years. Under this option, the SBOA-NJ would assume all of the
expenses for the facility and its management, but would not be permitted
to offer alternative gaming opportunities to customers. This would pose
a tremendous financial burden on the horsemens organization, while
limiting their ability to compete with other gaming interests inside and
outside the state. The option of closing the Meadowlands Racetrack would
deliver a devastating blow to the harness racing industry in the state
and globally.
While the thoroughbred racing industry is valuable to the state, the breeding
component of this segment of the racing industry is small compared to
that of the standardbred industry. Therefore, one must realize that New
Jersey stands to lose a significant amount of tax-paying open space unless
it develops a mechanism(s) for assuring sustainability for both thoroughbred
and standardbred racing.
One must also realize that while the initial success of the elite
meet at Monmouth Park is encouraging, it is indeed an experiment,
the impact of which is yet to be determined. The long-term sustainability
of a million dollar-a-day elite meet at Monmouth Park also
needs to be looked at carefully and realistically. To deem this experiment
a success at this time and apply this model indefinitely would be premature.
Racing is not the only equine discipline that will lose if New Jersey
racing ceases to exist. Sport competition and recreational horse users
stand to suffer as will traditional agricultural interests such as grain,
hay, and straw farmers who continue to survive and maintain open space
because their major customers are horse owners. The top shelf
level of services that New Jersey horse enthusiasts have come to expect,
such as equine veterinary clinics and feed and
supply stores, are at risk. While these small businesses are frequented
and supported by sport horse competition and recreational users, a predominant
economic flow to these entities is from the racing industry. There already
exists a shortage of large animal veterinarians in the state. If racing
clients ceased to exist in New Jersey, this demand would be even greater.
The New Jersey Equine Advisory Board (EAB), which is part of the New Jersey
Department of Agriculture, provides the annual budget that predominantly
supports the Horse Park of New Jersey and the sport and recreation segments
of the horse industry, including 4-H Youth Development programs. The annual
EAB budget, which is correlated to a percentage of the pari-mutuel handle
from racing, has shrunk from a high of $498,000 in 1990 to a new low of
$290,400 in 2009. This budget would disappear if racing ceased to exist
in New Jersey.
It is widely known that New Jersey loses its best and brightest
to neighboring states when it comes to high school graduates choosing
higher education and career paths. The Rutgers School of Environmental
and Biological Sciences is proud of its track record in placing its Animal
Science undergraduate students into graduate and veterinary schools. Many
of these young college graduates express interest in future careers in
the New Jersey horse industry. It begs the question: Why would they want
to stay in the Garden State if the equine industry infrastructure
crumbles?
The fact remains that horse racing is the economic driving engine of the
entire horse industry in New Jersey and is extremely valuable to the quality
of life in the form of agricultural working landscape that benefits all
residents of New Jersey. If racing interests no longer find farming in
New Jersey a viable option, they will seek alternative locations, taking
with them their financial contributions and leaving in their wake joblessness
and a scenic vista of preserved but unproductive land; a fiscal burden
to the community that helped to preserve it. New Jersey stands to lose
some of its biggest tourism events such as, the Hambletonian, Haskell,
and Far Hills Steeplechase races; and the New Jersey Fresh three-day event,
to name a few.
Without a long-term vision for the sustainability of horse racing in New
Jersey, owners, trainers, and breeders who currently are invested in its
infrastructure would leave en masse for other locations.
For more information about the figures and information provided in this
response, visit the Equine Science Center website at esc.rutgers.edu.
SBOANJ
ISSUES CALL FOR UNITY & SUPPORT FOR RACING IN NEW JERSEY
NEWS from the STANDARDBRED BREEDERS & OWNERS ASSOCIATION OF NEW JERSEY
SBOANJ ISSUES CALL
FOR UNITY & SUPPORT FOR RACING IN NEW JERSEY
MANALAPAN, NJ - July
29, 2010 -- The Standardbred Breeders & Owners Association of New
Jersey held a meeting with nearly 150 trainers, drivers, breeders, owners
and caretakers on Thursday, July 29, 2010 at the Meadowlands Racetrack,
calling on the horsemen to support efforts to revitalize racing in the
state.
"Horses have
been a cornerstone of New Jersey since colonial days and a major component
of the state's agri-business for a hundred years," said Tom Luchento,
president of the SBOANJ. "Notwithstanding the Governor's Report prepared
by Jon Hanson, we are not folding, fading or leaving. Let me dispel the
rumors. We are not done here. We are not close to closing the doors here
[the Meadowlands] or at Freehold.
"Given the nature
of the Commission [The New Jersey Gaming, Sports and Entertainment Advisory
Commission], the Hanson Report was not a surprise but it was still a hard
pill to swallow," he added. "What the Report offers racing are
largely undoable options.
"Our appeal to
the state is not only for the preservation of racing but also the land
that is dedicated to horse farms, training centers and the supporting
industries," Luchento noted. "This is a Green Acres issue in
this state. Already half the open space in New Jersey has been developed
and more will follow.
"We are not going
quietly into the night," Luchento said. "We have a battle to
fight and both the thoroughbred horsemen and the standardbred horsemen
are united in this battle."
The overriding theme
by Luchento and several other speakers who asked questions was their frustration
with the Hanson Report and the need for unity.
Luchento asked horsemen
to express their concerns to their legislators and to attend the Gaming
Summit at Atlantic City's Convention Center at 10 a.m. on August 6 and
a second session that will take place at the Meadowlands in September.
FULL TEXT OF TOM
LUCHENTO'S PRESENTATION
Horses have been a
cornerstone of New Jersey since colonial days and a major component of
the state's agri-business for a hundred years.
Notwithstanding the
Governor's Report prepared by Jon Hanson, we are not folding, fading or
leaving.
Let me dispel the
rumors. We are not done here. We are not close to closing the doors here
or at Freehold.
Given the nature of
the Commission, the Hanson Report was not a surprise but it was still
a hard pill to swallow.
What the Report offers
racing are largely undoable options. No one would lease or buy the track
without slots. Racing at other venues like Monmouth Park, Atlantic City
or a training center are not good alternatives.
Never has racing in
this state been in a more precarious position. We need your support. It
is crucial that you support New Jersey racing at the entry box and by
voicing your concerns to the Governor and your representatives in Trenton.
We are well aware
that you and I are standing on an incredibly valuable piece of property,
coveted by power brokers who have visions of sleek hotels and sparkling
casinos. Well, they are not going to deny us slots and turn this into
Atlantic City north.
We are not going quietly
into the night. We have a battle to fight and both the thoroughbred horsemen
and the standardbred horsemen are united in this battle.
We have the support
of horsemen throughout North America. We have met with representatives
of the Hambletonian Society, the United States Trotting Association and
other groups who support us. We thank Mike Tanner, executive director
of the USTA, for coming tonight. We appreciate the wisdom of the Hambletonian
Society Board, including president Tom Charters and chairman John Cashman.
Breeders including
Anthony Perretti of Perretti Farms, Mark Mullen of Fair Winds Farm, Mike
Gulotta of Deo Volente, George Segal of Brittany Farms and Jim Simpson
of Hanover Shoe Farms have championed our cause and support us.
We are reviewing solutions
offered by many sources. Among them could be something similar to what
is taking place at Monmouth Park this summer - an elite meet of 100 days
with $400,000 a day in purses. We will look for funding to support this
as well as our breeding programs. We believe that at least half of this
can be generated by handle on our live races.
- We look for the
expansion of Off Track Wagering locations and a share in their ownership.
- We could ask for
the sales tax on horse sales and claiming races to be dedicated to purses.
- We have not given
up on a purse enhancement agreement - or even racinos.
Our appeal to the
state is not only for the preservation of racing but also the land that
is dedicated to horse farms, training centers and the supporting industries.
This is a Green Acres issue in this state. Already half the open space
in New Jersey has been developed and more will follow.
We need to continue
to speak with one voice. We need the taxpayers of New Jersey to understand
that a racino at the Meadowlands will yield $1 billion in tax relief and
services for all citizens, not the chosen few in Atlantic County.
A group of legislators
has called for a Gaming Summit which will make its first stop in Atlantic
City on Friday, August 6 at 10 a.m. in the Convention Center. We will
be there. We would like you there too.
There will also be
another session held at the Meadowlands in September. It will be essential
that this is fully supported by all horsemen.
Ladies and gentlemen,
the Meadowlands is not only the cornerstone of New Jersey racing, it is
essential to the entire industry.
Like the Yankees are
to baseball, the Meadowlands is the most important franchise in the sport.
We cannot let this franchise die.
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