After Long-Sought Independent Inspection, Camarero Horsemen Drop Lawsuit Over Alleged Track Safety Issues

[Wandering Eyes]

The Puerto Rico Horse Owners Association, Inc. (PRHOA) has agreed to drop a year-old federal lawsuit over allegedly unsafe surface conditions at Camarero Race Track after the owners of the island's only racing venue finally agreed to a long-sought demand by the plaintiffs to allow John Passero, the noted track-safety consultant who once served as the track superintendent at Laurel Park and Pimlico Race Course, to inspect the track.

After a Feb. 10-12 inspection by Passero deemed that Camarero's dirt surface “was generally in good condition [and] not suffering at the time of the inspection of the safety issues raised by PRHOA in its complaint,” and after Camarero management agreed to pursue “several recommendations” made by Passero, both the PRHOA and the defendants (Camarero's owners and the Gaming Commission of Puerto Rico) entered into a “confidential” settlement agreement that included jointly dropping the lawsuit.

“[I]n view of Mr. Passero's conclusions, there was no need to continue with the instant litigation,” stated a court document jointly filed by plaintiffs and defendants Mar. 13.

No further details about Passero's findings or suggestions were documented in the court filings.

On Mar. 19, six days after the joint request to drop the lawsuit, the judge handling the case in United States District Court (District of Puerto Rico) signed an order and judgment “dismissing this action with prejudice in its entirety,” further noting that, “No attorneys' fees or costs are levied upon any party. This case is now closed for statistical purposes.”

In its initial Apr. 26, 2024, version of the lawsuit, the PRHOA alleged a “present and clear danger” because of a decade's worth of purportedly uncorrected safety issues at Camarero.

The group sought $500,000 in horse-injury damages stemming from “dangerous conditions…in particular [in the] final stretch in the mile and one sixteenth area…due to having consistency problems, unevenness, problems of humidity, lack of compaction and lack of effective maintenance, among others.”

View from the Camerero grandstand | T.D. Thornton

Before initiating its lawsuit, the PRHOA, on Apr. 2, 2024, had filed an “urgent petition” with the gaming commission asking for Passero to be allowed to commence investigatory work on the track surface.

But, according to the initial complaint, “To make things worse, on Apr. 22, 2024, making evident its obstinacy and disregard for the well-being of the riders and Thoroughbreds in use of the Racetrack, Camarero answered the Urgent Petition [by] sustaining that since it is a private entity it doesn't have any legal obligation compelling it to share the requested information with third parties and that the revealing reports are confidential in nature and their disclosure is not supported by any legal provision requiring its submittal to PRHOA.”

After the lawsuit was filed, both the Camarero owners and the Gaming Commission of Puerto Rico filed responses that didn't specifically contest the alleged safety hazards. Instead, they pleaded that the case should be dismissed for failure to state a claim and because a federal court is not the proper jurisdiction to decide the issue.

The PRHOA, in turn, then filed written opposition to dismissing the case.

“The lack of action by the Commission and its members [in] in concert with Camarero [constitute] an illegal violation of PRHOA and its members' civil rights, in violation of the Fourth, Fifth, Eighth, Ninth and Fourteenth Amendments of the Constitution and 42 USC section 1983. Said acts and omissions are grossly negligent or intentional and taken in reckless disregard and deliberate indifference of the rights of PRHOA and its members,” the PRHOA's June 24 filing stated.

The PRHOA had claimed that despite several years of official complaints lodged to address the alleged safety issues, the gaming commission and track management purportedly ignored the horse owners' repeated calls for safety upgrades. The PRHOA also cited a history of cancelled racing and training on both dry and wet tracks dating to 2016.

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