The Florida Gaming Control Commission asked a Florida state court to dismiss a lawsuit filed by Gulfstream Park seeking a decoupling of its racing license and slot machine permit.
The commission, in a 19-page motion to dismiss filed October 13, argues that Gulfstream Park failed to state a claim upon which relief can be granted by misconstruing Florida law in its complaint.
The defense motion notes that the Florida legislature recently granted $21 million to Gulfstream Park for purses, maintenance, and operations which includes $6 million earmarked for Florida-bred purses, and this year waived Gulfstream's annual $2 million slot machine operating license fee conditioned on the continuation of live racing at the track.
These actions, according to the motion to dismiss, constitute a state interest in horse racing entitling the state to regulate the sport in the very way Gulfstream Park contends is unconstitutional. Yet, according to the motion, the complaint fails to address the issue.
The Gaming Control Commission motion also rebuts Gulfstream's claim that Florida law is unconstitutional because jai alai, Quarter Horse, harness horse, and greyhound pari-mutuel permit holders are not required to hold live games or races while Thoroughbred permit holders are.
According to the motion, Florida's statutory scheme is lawful because it serves several legitimate state purposes using different classifications related to those purposes that are applied uniformly to all entities within those classes.
Should the motion to dismiss be granted, a pending motion to intervene in the case filed by the Florida Horsemen's Benevolent and Protective Association would be rendered moot.
