New Mexico horsemen prevail in first ruling of ongoing legal battle with racing commission
(from NMHA news release)
A District Court Judge in New Mexico gave the New Mexico Horsemen’s Association (NMHA) an initial victory in the organization’s legal action against the New Mexico Racing Commission (NMRC).
The action for now blocks the racing commission from ordering New Mexico’s tracks to withhold owners’ contributions to the horsemen’s association, which represents about 4,000 Thoroughbred and Quarter Horse owners and trainers.
Judge Erin B. O’Connell granted a Motion to Stay on behalf of the NMHA in their lawsuit against the commission.
According to a brief filed by the NMHA, the commission took action against the horsemen’s association on May 20, 2021, claiming wrongfully and falsely, that purse monies were being taken by the NMHA as its primary source of funding. The NMHA’s primary source of funding comes from horse owners’ contributions. The NMHA does not and has not taken a single penny of purse money, except as authorized by state statute NMSA 60-2E-47. The NMHA contended that the commission is in error and lacked jurisdiction and authority to do what they did.
The ruling and subsequent Order of the District Court today grants the motion filed by the NMHA on June 8, 2021, to stay the decision of the commission and upholds the horsemen’s position.
“Today’s decision is the first step in the NMHA’s on-going legal battle with the commission and is reason for all New Mexico Horsemen to celebrate,” said Richard Erhard, NMHA executive Director. “A huge thank you is owed to our attorney, Gary Mitchell, for his wise counsel as well as to NMHA administrative assistants, Terri Montoya and Brenda Gabaldon for their on-going attention to detail, perseverance and loyalty, as well as to our State Board members, for their rock-solid support during these turbulent times over the past several months.”
In June, the NMHA filed suit against the NMRC in federal court charging the regulatory body with depriving racehorse owners and trainers of their civil rights and other violations.
