Santa Anita Files Suit Against California Department of Justice

[Wandering Eyes]

The latest salvo in the fight over the legality of a suite of Racing on Demand slot machine-style parimutuel games that were removed from Santa Anita by state Department of Justice law enforcement officers Saturday afternoon was fired Tuesday by the track, which filed a writ of mandate against the DOJ in the Los Angeles Superior Court.

As first reported by the LA Times, the court filing by the Los Angeles Turf Club repeats several arguments Santa Anita officials have made in recent days, including how the three-by-three wager approved by the California Horse Racing Board (CHRB) in 2024 gives the track the legal cover to operate these machines, which use races that have already been run.

The suit—also obtained by the TDN—makes the argument that both the state attorney general's office and the CHRB had a long window to render a decision about the legality of the machines either way but had failed to do so.

“Neither the Attorney General's office, nor the CHRB, ever disputed [the track's] written legal analysis or stated that the [track] did not have the legal right to offer the 3X3 wager on concluded races,” the suit states, according to the Times.

Interestingly, the filing makes the argument that in 2006, the California Office of Legislative Counsel issued a ruling on so-called Instant Racing (which is a form of pari-mutuel wagering on the outcome of concluded races via specialized tote terminals), rendering a finding similar in effect to what Santa Anita is arguing over their Racing on Demand terminals.

“The Office of Legislative Counsel concluded that 'because there is no requirement in the California Constitution that races be live or simultaneous to be considered horse races under subdivision (b) of Section 19 of Article IV, it is our view that the historic races used by the Instant Racing machines would be considered horse races that may be regulated by the Legislature,'” the filing states.

There had been 26 such machines in total operating in the Santa Anita grandstand pavilion since Thursday. They offered $1 bets and required gamblers to select the first three finishers of three random six-horse previously-run races.

They were removed during a very public operation which saw state DOJ personnel wheel the machines out the back of the Santa Anita grandstand on gurneys during racing Saturday.

That evening, Los Angeles Turf Club senior vice-president Scott Daruty issued a statement saying that state attorney general Rob Bonta received their legal analysis nearly a year ago.

“His office had ample time to raise concerns. They did not. We proceeded on solid legal ground, and since the state is choosing to challenge that now, we're fully prepared to defend ourselves. We're confident the law is clear,” Daruty wrote Saturday.

The suit also seeks the return of the machines, along with the money that was in them.

In a “notice of intention to destroy machines and devices” issued to Santa Anita, the DOJ warned that the confiscated machines would be destroyed after 30 days unless there's some intervening court action. The 30-day window began the day the notice was posted, which is dated January 17.

If the machines are ultimately destroyed, any money seized in connection with them will be turned over to the treasury of the city or county where they were seized, according to the notice. Santa Anita is in the City of Arcadia.

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