In an email dated November 15, 2022 to Mass Gaming Commissioner Ms. Judd-Stein, a concerned resident of Hardwick wrote: "We are expected to vote as a town on the proposal before the Host Community Agreement is put into place. In the publicly available draft of the Host Community Agreement, Commonwealth Equine (Commonwealth Racing) has said that they “plan to seek approval to race the following number of weekends (days) each year: 2023: one weekend (two days), 2024: one weekend (two days), 2025: one weekend (three days), 2026: two weekends (four days), 2027: two weekends (four days). The line in the draft of the Host Community Agreement that most concerns me is the line in the paragraph before this that says,
“The parties recognize that the number of race days are subject to approval by the MGC.”
My question is this: If the number of race days is subject to approval by the MGC, doesn’t that trump anything that is stated in the Host Community Agreement, rendering it useless on the issue of the number of race days? We are just looking for guidance to make an informed decision."
After 2 weeks without a response, and in order to gain clarity on this question, this Hardwick resident again contacted the Gaming Commission in search of an answer.
"Dear Ms. Judd-Stein,
I was very impressed with your leadership in the public meeting you presided over in Hardwick. As I’m sure you know, the residents of Hardwick will now be voting on the issue of whether or not to allow horse racing and sports wagering in town. It is crucial that we know how it might play out before the Jan. 7th vote. We have not yet received an answer from anyone about who actually decides the number of race days if this were to go forward. Is there a better place to direct my question?"
Finally, the next day; a response from General Counsel Todd M. Grossman! "Thank you for your inquiry; it was forwarded to me for response. The number of race days awarded to a licensee is in fact subject to approval by the Gaming Commission. The law does place limits on the maximum number of dates that thoroughbred racing can be conducted per season (200), and minimum numbers of racing dates that have to be conducted in order for the licensee to be eligible to conduct simulcasting (presently 100, but under the new law taking effect next August that number will become more discretionary on the Commission's part). That said, as long as the number of race days being proposed by an applicant is in accordance with the law, a race day limit included in an HCA is not necessarily trumped, but could be a factor considered by the Commission in determining whether to award a license to the applicant.
I hope this helps. While I am unable to offer you legal advice, I'd be happy to try to answer any questions you may have. Please feel free to return a message to discuss further.
Thank you."
Todd M. Grossman
General Counsel
Massachusetts Gaming Commission
101 Federal Street, 12th Floor
Boston, Massachusetts 02110
"The law does place limits on the maximum number of dates that thoroughbred racing can be conducted per season (200), and minimum numbers of racing dates that have to be conducted in order for the licensee to be eligible to conduct simulcasting (presently 100, but under the new law taking effect next August that number will become more discretionary on the Commission's part).
To think that CEAC will only host a handful of race days a year would be naive! The Gaming Commission, if they approve their application and grant CEAC the licensing they seek, will require a minimum of 100 racing days, according to the gaming law.
Who benefits from this? Certainly not Hardwick! Please vote NO on January 7th.
I hope the towns “committee” has this information to share with the Select Board and townspeople prior to the vote in January?