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JOHN KEVIN DALY v. COMMONWEALTH PENNSYLVANIA (10/04/78)

decided: October 4, 1978.

JOHN KEVIN DALY, PETITIONER
v.
COMMONWEALTH OF PENNSYLVANIA, PENNSYLVANIA STATE HORSE RACING COMMISSION AND EAGLE DOWNS RACING ASSOCIATION, RESPONDENTS



Appeal from the Order of the Pennsylvania State Horse Racing Commission in case of Pennsylvania State Horse Racing Commission v. John Kevin Daly, No. 76-048.

COUNSEL

Julius E. Fioravanti, for petitioner.

Larrick B. Stapleton, with him Samuel E. Dennis, Richard W. Kessler, and Meltzer & Schiffrin, for respondents.

Judges Crumlish, Jr., Blatt and DiSalle, sitting as a panel of three. Opinion by Judge Blatt.

Author: Blatt

[ 38 Pa. Commw. Page 78]

This is an appeal by John Kevin Daly (Daly) from an order of the Pennsylvania State Horse Racing Commission (Commission) which affirmed his exclusion from the Keystone Race Track by the Eagle Downs Racing Association (Eagle Downs).

On August 6, 1976 Daly, a thoroughbred horse racing jockey, was notified that he would be henceforth excluded from the Keystone Race Track at race meets conducted by Eagle Downs. This action, precipitated by the fact that Daly had been indicted by a New Jersey grand jury on charges of race fixing, was taken pursuant to Section 12.1 of the Act of December 11, 1967, P.L. 707, added by Act of July 24, 1970, P.L. 634, as amended, 15 P.S. ยง 2662.1 (Act), which provides, in part:

(c) An association licensed by the commission may refuse admission to and eject from the enclosure of the race track operated by the association, any person licensed by the State Horse Racing Commission pursuant to section

[ 38 Pa. Commw. Page 7911]

, employed at his occupation at such race track, whose presence there is deemed detrimental to the best interests of horse racing, citing the reason or reasons for such determination. The action of the association in refusing such person admission to or ejecting him from a race meeting ground or enclosure shall have immediate effect. Such person refused admission or ejected shall receive a hearing before the State Horse Racing Commission, if requested, pursuant to rules and regulations adopted for that purpose by the State Horse Racing Commission, and a decision rendered following such hearing. (Emphasis added.)

Daly appealed to the Commission and a hearing was held on August 20, 1976. On September 22, 1976, the Commission issued an order affirming the decision of Eagle Downs and this appeal followed.

It is clear that this Court must affirm an adjudication of the Commission unless constitutional rights were violated, the adjudication was not in accord with law, procedural rules were violated or a necessary finding of fact was not supported by substantial evidence. Smith v. Pennsylvania State Horse Racing Commission, 18 Pa. Commonwealth Ct. 1, 333 A.2d 798 (1975).

The Commission argues that the case before us now is moot either: (1) because Daly is not now licensed to ride in the Commonwealth of Pennsylvania,*fn1 and even if we were to invalidate the Commission's action he would still be precluded from working at the Keystone Race Track; or (2) because it has previously held that Orders of ...


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