The 80-Day Compromise
In every deal, compromises are made. In the agreement made official on Friday between Suffolk Downs and the NEHBPA on the terms for the 2011 and 2012 meets, the track compromised by agreeing to an equal simulcasting revenue split; the horsemen compromised by agreeing to race 80 days.
Just as the split was a significant concession by Suffolk, so the days were for the NEHBPA, which had maintained until late in negotiations that 100 days were the minimum the horsemen could accept, in part to support the Massachusetts breeding program. Last week, the horsemen agreed to the shortened meet, but not to remain neutral on the legislation required to reduce days, a point the board ultimately conceded.
“We only conceded on the dates because from the onset Suffolk Downs made clear it would not run 100 days although state law required it to do so. So our only options were to either concede to Suffolk’s demands or compromise on days,” said NEHBPA counsel Frank Frisoli in an email, replying to the question of how the board had come to agreement on the matter of race dates.
Referring to the bill filed in the Massachusetts legislature that would allow Suffolk to race fewer than 100 days and continue simulcasting, Frisoli said that many on the NEHBPA board believed that if they didn’t agree to run a shorter meet, there would be no live racing at the track this year. It was 80 days or nothing — but the horsemen wanted some protection. “That proposed legislation delegates to the racing commission the right to excuse Suffolk from complying with state law as to the number of racing dates,” said Frisoli. “We advised Suffolk that was a deal killer.”
In exchange for accepting fewer race dates, the NEHBPA negotiated its non-opposition to the bill to apply only to the number of days required for simulcasting. “The NEHBPA will oppose the Petrucelli legislation and any other legislation which does anything more than reduce the minimum number of days to 80 for 2011 and 2012,” said Frisoli.
The terms of the agreement also provides the board with a powerful incentive to respect the neutrality provision in the hard-fought deal. “If any NEHBPA board member or employee takes action to oppose legislation to reduce dates, Suffolk can void the contract in which event the race meet will end,” said Frisoli. “I expect that our board members will comply with the contractual obligation, no matter how personally distasteful it may be to them.”
Frisoli, a horse owner of more than 35 years, said that he would “actively support” the legislation as the NEHBPA counsel. “I [will do what I] can to see that it passes in the belief that Suffolk Downs is entitled to the benefit of its contractual bargain and that the passage of the legislation would actually be of benefit to the NEHBPA in that it will ensure live meets for 2011 and 2012 and improve our relationship with Suffolk Downs.”
Now that the dispute is over, we can all look forward to the return of racing in East Boston. “The NEHBPA is delighted that we were able to reach an agreement,” said Frisoli. So are Massachusetts racing fans.
