A key Maryland horse racing adviser said the Preakness Stakes is in jeopardy and called on the governor to consider seizing the state’s racetracks to salvage the beleaguered industry. “Eminent domain is something the state seriously needs to look at,” said Alan Foreman, general counsel for the Maryland Thoroughbred Horsemen’s Association, referring to a 2009 law that would allow Gov. Martin O’Malley to seize Maryland’s tracks if the properties were endangered. “It not a very good option, but you’ve got a very angry racing community right now and an ownership not in a very good position from a public relations standpoint.”
Foreman’s comments came after Penn National Gaming and majority owner MI Developments proposed an anemic 47 racing days for 2011 — including the lucrative Preakness — that was unanimously shot down Monday by the Maryland Racing Commission and violently opposed by industry stakeholders.
O’Malley’s spokespeople did not return several requests for comment.
In striking down the schedule, the commission also revoked its preliminary approval for the joint venture’s racing license, meaning the ownership group can’t run any races next year at Maryland’s tracks.
Commissioner John Franzone called the proposal an “embarrassment” to the industry.
“How much revenue and interest are you generating running up to Preakness, what new marketing are you implementing …. that’s the plan you’re supposed to submit to the commission,” he said.
In the days leading up to the proposal, Penn and Ontario-based MID had issued conflicting statements about plans for Maryland racing, with MID’s chairman saying the status quo, 140-day racing schedule would be requested.
Penn, which bought 49 percent ownership of Laurel and Pimlico tracks this summer, and track operator Maryland Jockey Club had announced it would curtail racing after losing an Election Day vote to stop a slots casino proposed near Laurel.
The owners now have until the next commission meeting on Dec. 21 to “kiss and make up,” Franzone said, and propose a viable racing plan before the 2011 season is halted.
Spokesman Eric Schippers said Penn hoped “to find a constructive resolution” in the coming weeks but blamed the commission for endangering Maryland racing.
However, many are tired of what they call a dysfunctional ownership. Foreman said Penn was protecting its interests in West Virginia and Pennsylvania, where it owns racetrack casinos.
“They’re now telling us what’s in the best interest of Maryland racing? I don’t think anyone wants to hear from them,” he said. “I think the industry here is just fed up.”

