Santa Anita Goes to Court Over Racing on Demand Seizure

A lawsuit filed in Los Angeles Superior Court demands the nullification of a warrantless seizure by law enforcement of "Racing on Demand" gaming machines at Santa Anita Park. The complaint was filed Jan. 20 by the Los Angeles Turf Club, the name of the entity under which Santa Anita Park conducts racing, according to a report published at latimes.com Jan. 20. The document was not available on the court's online docket, but BloodHorse received a copy of the complaint Jan. 21. On Jan. 17, California police entered Santa Anita and confiscated what the state attorney general's office calls evidence of a criminal enterprise. Such a seizure is legal without a warrant if the seized items are contraband, or illegal; if the contraband is in plain view of law enforcement personnel; and if the personnel have a right to be in position to see the items. The machines in question were on full display at the track beginning Jan. 15 and were being played by customers. However, according to judicial precedent, another requirement of a legal warrantless seizure is that police must be able to articulate probable cause that the seized items are in fact contraband. Previous reporting indicated Native American tribes that control much of the gaming in California did not take Santa Anita's installation of the machines lightly. Santa Anita maintains that their legal analysis determined that "Racing on Demand" machines are legal. Slot-like in appearance, they operate under a pari-mutuel format with outcomes based on concluded races. According to the Los Angeles Times story, California Attorney General Rob Bonta was notified of Santa Anita's intent last year and did not engage in feedback with the track. The seized devices, according to the complaint, are programmed for a "Three by Three" wager on historical races. The wager tasks the player with selecting the top three finishers in three separate races in precise order. Offered in $1 denominations, it carries over a major share if there is no winner and minor shares as consolations. Santa Anita is asking the court to declare the wager is permissible "as applied to contemporaneous races" and "as applied to concluded races." The complaint also demands a writ ordering the machines be returned along with the monies in them; a declaration that the seizure of the devices violated the constitutional prohibition of unlawful searches and seizure; a finding that the Los Angeles Turf Club was denied its right to due process of law; and attorney fees and costs. Exhibits attached to the complaint indicate the California Horse Racing Board approved the wager on April 18, 2024, though the wager was not specifically pitched to them as a bet intended for play on concluded races via slot-like terminals. Whether the bet would be included in devices such as those seized by law enforcement is not explicitly described, nor is it prohibited. A notice from Jan. 15 on Santa Anita letterhead from senior vice president Scott Daruty to CHRB executive director Scott Chaney stated that the devices would go into operation that day. "As we explained during the several recent informational meetings and calls we hosted with you, certain of your staff, and certain CHRB commissioners, California law currently permits Racing On Demand," the letter says. "We have shared our written legal analysis with you. We also shared our written legal analysis with the Office of the California Attorney General over nine months ago. Racing On Demand is an important initiative for the sustainability of the California horse racing industry. We intend to work cooperatively with the TOC, Del Mar, and other California racing stakeholders to ensure that this initiative is successful."