The Offer That Isn’t
While waiting on the next twist in the ongoing dispute over the 2011 meet between Suffolk Downs and the NEHBPA, I’d like to return to a point in the modified offer approved by the horsemen on Friday that didn’t make much sense. The group agreed to race 80 days, as the track proposed, if legislation to approve a race date reduction passed — if it didn’t, the horsemen agreed to race 100 days for the same total purses offered of $8.25 million.
The problem is that such a structure would bring average daily purses down to $82,500, the same level at which Suffolk calculated the horsemen’s February 10 proposal, based on revenue projections, and the reason the track rejected that offer — the figure was too close to the daily average of $79,000 being paid during the latter portion of the 2010 meet. Both sides agree an average in that range is too low to support racing, suggesting that the horsemen are now trying to have it both ways — the group concedes the 80 days, and the likelihood of the legislation it cannot agree to not oppose succeeding, even as it attempts to compel the track to run 100 days.
“The NEHBPA voted to accept a proposal that was never offered,” said a source close to the discussions. Suffolk specifically told the NEHBPA, said the source, that the $8.25 million was not in play for 100 days.
Which raises questions of what the horsemen’s gambit — characterized by the source as “cynical” — is meant to accomplish, and where discussions go from here. “The framework of this deal is essentially solving problems for the future,” NEHBPA lawyer Frank Frisoli said on Friday. That’s a hopeful assessment, one track management clearly doesn’t share. “The increase in purses was contingent upon one condition, neutrality on legislation to reduce the number of days required to simulcast, that the NEHBPA is unwilling to meet,” said Suffolk’s vice president of marketing and communications, Christian Teja, responding to the offer. “We will assess all our options, including legislative relief independent of the HBPA.”
Suffolk doesn’t need the horsemen’s approval to pursue its legislative agenda; the track doesn’t even need the horsemen’s agreement to run fewer dates. The state-mandated minimum is what’s required for the track to simulcast — Suffolk could announce a 30-day meet on Monday, so long as it was willing to cease simulcasting. As might be expected, the horsemen disagree. Because the MRC awarded Suffolk 100 days this year and it has been simulcasting, “The NEHBPA firmly believes SSR is now obligated under state law to conduct a live meet of at least 100 days of live racing,” the group notes in its February 25 proposal before agreeing to reduced days.
The situation is now quite uncertain. Suffolk offered $8.25 million for 75-80 days, plus five more days if handle was near what was it was last year by June 30, and a 50-50 simulcasting revenue split. It all hinged on neutrality — on the NEHBPA agreeing not to oppose the legislation that would make 80 days possible. The horsemen agreed on the 50-50 split, which they had sought from the start, and because they could not accept the no-opposition provision, to $8.25 million for 80 days, if a bill passes, or 100 days, which many still hope to run. It’s an impossible position, nodding to the economic and political realities of Massachusetts racing, but asserting a demand that nothing change.
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