Hawthorne Asks Marshals to Forcibly Evict Horsemen

Attorneys for bankrupt Hawthorne Race Course are seeking approval to have the United States Marshals Service forcibly evict backstretch residents who do not voluntarily leave their living quarters by Aug. 28. The track's motion asks Judge Timothy Barnes to allow the Marshals Service or a designated "alternative person" to complete the eviction using "all necessary steps and using whatever force necessary..." The motion is set for a hearing Aug. 19. Barnes indicated earlier he would oppose such a plan. Hawthorne, awash in debts, filed for Chapter 11 bankruptcy protection Feb. 27. Operating with interim funding, the track appealed for Thoroughbred horsemen to participate in a late-opening summer race meeting scheduled to run through October. Money ran out at the end of June, and the track closed after three race dates in July. A bankruptcy sale produced only one bidder, a Delaware-registered limited liability corporation planning to demolish the track and redevelop the suburban Chicago site. Attorneys for the proposed buyer, however, say they will walk away from a scheduled Sept. 1 closing if the backstretch is not completely vacated. That led attorneys to tell the court, "They have to get out." The Illinois Thoroughbred Horsemen's Association, which has worked to help backstretch residents find alternative housing, last reported that Aug. 11 there were 195 adults, 90 children and 128 horses remaining on the property. The ITHA said that count was expected to shrink significantly as the deadline loomed. ITHA attorney Kevin Morse said at the Aug. 12 status hearing that his organization is going to extreme lengths to help relocate workers, some of them long-term residents at the track. Some, he said, have never had to organize a move, and others don't have the credit history to rent housing on their own. "There are some who are unwilling to face reality," he added. "We have made it clear there will be no racing at Hawthorne in 2027. But there are some people who are still holding out hope." Barnes noted that, with the Aug. 31 deadline looming, "There has to be a point when it shifts to a worst-case scenario." "We recognize that as well," Morse said. "We're going door to door to ensure people have plans. If not, we tell them, 'Unfortunately, you'll be moved out." Barnes bristled, however, at suggestions the Marshals Service might be employed in physical evictions, indicating the court does not have jurisdiction over the Marshals Service, an agency of the Justice Department. "I can't have that conversation with them off-line," he said, meaning outside of a formal court setting. "I'm not telling the Marshals they have to carry somebody out." The judge praised Morse for the ITHA's efforts to assist horsemen, which have ranged from on-site support to seeking involvement of local charities and nonprofit organizations, appeals to lawmakers, and drives around the west Chicago suburbs looking for "for lease" signs on apartments. "If he hadn't taken this over," Barnes said, "this whole process would be in a world of hurt. Not that it's not. But it would have been even worse."