Florida Judge: Horse Barrel Racing License For Poarch Creeks Violates State Law
May 7, 2013
Clarification: In this story Monday, The News Service of Florida incorrectly said, based on information from the source, that the parent company of Gretna Racing would appeal a DOAH ruling saying its license was invalid. Neither Gretna Racing, nor its parent company PCI Gaming, was actually a party to the case, and thus has no apparent standing to appeal. An intervenor in the case is the Florida Quarter Horse Track Association, which shares leadership with Gretna, and of which Gretna Racing is a member. The actual party which lost was the state Division of Pari-Mutuel Wagering.
Horse barrel racing at a Poarch Band of Creek Indians facility in Gretna, Fla., shouldn’t have been approved by a state agency for wagering in Florida, an administrative law judge ruled Monday.
Since the Legislature has not approved the unique form of pari-mutuel horse racing, the Department of Business and Professional Regulation, Division of Pari-Mutuel Wagering, violated state statute when approving the license in October 2011 – renewed in March 2012 – for Gretna Racing, in Gadsden County, to run the contests, the judge ruled.
“The Division’s issuance of an operating license to Gretna Racing unmistakably implemented and unambiguously communicated a significant new policy, which is that (barrel match racing) is a licensable pari-mutuel wagering activity,” Division of Administrative Hearings Judge John Van Laningham wrote in an order signed Monday.
State law says rulemaking is not a matter of agency discretion.
Van Laningham added that since the Legislature has not clearly authorized pari-mutuel wagering on barrel match racing, the “policy behind Gretna Racing’s license, therefore, is the division’s own policy.”
“While we are disappointed with the technical issue identified by the judge in his ruling which will impede the continuation of the racing format currently being conducted in Gretna, we are pleased that the vast majority of the claims by the (Florida Quarter Horse Racing Association) were dismissed by the administrative law judge,” Creek Entertainment Gretna spokeswoman Allison North Jones said. “We intend to make the requisite modification to the racing to comply with the judge’s order while we appeal its arbitrariness.”
The administrative ruling doesn’t impact the current race schedule at Gretna, about 25 miles west of Tallahassee. But, the ruling could become an issue when the license is up in 2014.
The state department, along with the Florida Quarter Horse Track Association, an industry group tied with Gretna Racing, had defended the license during the hearings, arguing that the law doesn’t define how quarter horse races must be run.
A spokeswoman for the state department said Van Laningham’s ruling was being reviewed.
“I think our review will help us answer whatever questions we have about the ruling,” said department spokeswoman Sandi Copes Poreda.
Marc Dunbar, an attorney who represents the Florida Quarter Horse Track Association and Gretna Racing, was not immediately available to comment on what the decision means for racing in Gretna.
Wesley Cox, chairman of the North Florida Horsemen’s Association, which races horses at Gretna, said that only technical changes will be needed to acquire future licenses.
“We are pleased this ruling means that the North Florida Horsemen will be allowed to continue conducting races and reap the benefits of racing at Gretna,” Cox said in a release.
A release from Florida Quarter Horse Racing, the Florida Quarter Horse Breeders and Owners association, praised the ruling for protecting the state’s horse racing industry and for rejecting the “outright hijack of Florida’s legislative and regulatory process by a few special interests.”
“As this audacious case has dragged on, our policymakers have come to realize what we horsemen knew all along – that Gretna Racing LLC’s ‘pari-mutuel barrel racing’ was simply the pilot project to bypass state and federal laws that protect and ensure integrity in the wagering and racing product throughout America,” Florida Quarter Horse Racing Association President Steve Fisch said in the release.
The ruling comes as the state is embarking on a $388,845 two-part study on the potential future of gambling in Florida that is expected to be the basis of major legislation in 2014.
The quarter horse associations and one individual argued that state law only allows pari-mutuel facilities to offer more traditional forms of horse racing – thoroughbred, harness and quarter-horse sprints.
Those races are run with multiple horses competing side-by-side on a flat, oval racetrack from a single starting gate to a common finish line.
Gretna’s barrel racing was set up as a challenge of speed and agility, with contestants running cloverleaf patterns individually on neighboring obstacle courses. The outcome is determined by time. A five second penalty is added for hitting a barrel.
The associations feared Gretna’s brand of racing, using fewer horses and requiring less land, could drive out the traditional quarter horse racing from the state.
Also, the horse association argued that the barrel races were simply a way for Creek Entertainment Gretna, which includes the Poarch Band of Creek Indians, to operate a poker room and possibly add slot machines in the future at Gretna.
Voters in Gadsden County in January 2011 approved a measure aimed at allowing slot machine permits at Creek Entertainment Gretna. But Attorney General Pam Bondi issued an advisory opinion at the time declaring Florida law doesn’t allow slot machines at pari-mutuel facilities outside Miami-Dade and Broward counties.
Gretna Racing initially applied for a permit to operate a quarter horse track in Gretna in 2008.
In September, 2011, Gretna began communicating with the agency regarding the novel barrel racing format, something that had never before been licensed or regulated as a pari-mutuel event.
Van Laningham called the decision “the product of a deliberative process, in which Gretna Racing had been afforded opportunities to explain in detail the type of contest it proposed to stage.”
“Although this was the first time that the Division had been called upon to review BMR as a potential pari-mutuel event, the division’s decision to permit gambling on BMR was not a mistake, nor was it tentative or provisional,” Van Laningham wrote.
by The News Service of Florida
Century Council Honors Northview’s State Ranked Weightlifters
May 7, 2013
The Century Town Council presented proclamations Monday night honoring two Northview High School weightlifting team members that recently placed at the state 1-A finals in Kissimmee.
LaMikal Kyles finished eighth in the state in the 183-pound class with a total of 560 pounds, an improvement over his 535 pound total at regionals. Kyles, weighing in at 172.5 pounds, had a bench press of 310 pounds and a clean jerk of 250 pounds — all personals bests.
In the 199-pound class, Arkelle Elliot finished 11th in the state with a total of 575 pounds. Weighing in at 198.9 pounds, Elliot had a best bench press of 330 pounds and a clean jerk of 245 pounds — all matching his personal best records.
Pictured top are Northview Assistant Principal Gerry Pippins, Principal Gayle Weaver, Football Head Coach Sid Wheatley, LaMikal Kyles, Mayor Freddie McCall and NHS Coach Derek Marshman at Monday night’s Century Town Council meeting. Pictured below are the same individuals with Arkelle Elliot. NorthEscambia.com photos, click to enlarge.
Kenneth Eugene McCurry
May 7, 2013
Mr. Kenneth Eugene McCurry, age 66, of Century, passed away on Saturday, May 4, 2013, at his home in Century after a lengthy illness.
Mr. McCurry was a native of Johnson City, TN and had been a resident of Century since 1996 coming from Erwin, TN. He worked as a self-employed electrician and had served in the United States Army. Mr. McCurry was a member of Century United Methodist Church.
He is survived by his wife, Mrs. Ann Brooks McCurry of Century; son, Willie (Robin) McCurry of Erwin, TN; step-sons, James Brooks of Clearwater, FL and David Brooks of Crestview; step-daughter, Elizabeth (Harlie) Dockens of Enterprise, AL; brother, William McCurry of Reno, NV; sisters, Mildred Greenwell and Kaye Counts, both of Erwin, TN; eight grandchildren, Justin, Zack, Brittany, Delaney, Sarah, Brooke, Bailey and Emily.
Funeral services will be held on Wednesday, May 8, 2013, at 11 a.m. at Century United Methodist Church with Rev . Janet Lee officiating.
Pallbearers will be James Brooks, David Brooks, Harlie Dockens, Willie McCurry, Durwood Smith and Jerry Sanders.
Interment will be in McCurdy Cemetery in Century.
Flomaton Funeral Home is directing.
1970 Chevy Chevelle Takes ‘Best Of Show’ At Century’s Sawmill Day
May 7, 2013
A 1970 Chevrolet Chevelle owned by Jerry Dawson was the Best of Show winner in Saturday’s car show at Century’s Sawmill Day.
Other trophy and prize winners were:
- Diane Van Leer, 1955 Chevrolet Bel Air
- Eric Uptegrove, Chevy Corvette Roadster Convertible
- Freddie McCall, 1930 Model A
- Gene Sims, 1965 Mercury Comet
- Gerald Dubose, 1940 Chevrolet
- Jean Yale, Chevrolet SSR
- Joe Pecjak, 1967 International Harvester
- John Henderson, 1947 Ford
- Louis Tharp, 1966 Corvette
- Peggy Lynn, 1966 Mustang
- Ramon Renfro, Mitshubishi
- Will & Rita Adams, 1966 Volkswagen
- Buddy Lynn, 1963 ½ Ford Galaxie, Best Interior
- Joe Linzy, 1958 Ford Hardtop Convertible, Best Paint
- Donnie Carlisle, 1970 Mustang, Best Engine
Fore more photos from the Sawmill Day and Car Show, click here.
Pictured top: Jerry Dawson’s 1970 Chevrolet Chevelle was the Best of Show winner at Saturday’s Century Sawmill Day. NorthEscambia.com photo, click to enlarge.
Two Charged In Molino Murder
May 7, 2013
Two people are now behind bars charged with the murder of a Santa Rosa County man – a murder that one suspect says happened in Molino.
The body of Harvey Ray Smith, age 43 of Pace, was found stuffed into a trunk behind a Motel 6 on Davis Highway Saturday morning. Smith had been reported missing in Santa Rosa County. Family members located his vehicle at the motel and then discovered the body.
Deborah Leanne Burge, age 22 of Highway 97, Molino, was booked into the Escambia County Jail Sunday night on charges of homicide and robbery in connection with the man’s death. Zachary Vance Greer, 22, was arrested Monday night by U.S. Marshals and the Santa Rosa County Sheriff’s Office. He is being held in the Santa Rosa County Jail on a charge of homicide and robbery. He will returned to Escambia County after a first appearance in Santa Rosa County.
The Escambia County Sheriff’s Office said third person sought by deputies earlier Monday, Lauren Rockwell, is no longer a person of interest.
Report state Burge and Greer conspired to rob Smith. Burge allegedly lured Smith, her acquaintance, to her home in the 3900 block of Highway 97 in Molino. She told deputies she went inside while Smith and Greer remained outside. When she later exited the home, she found Smith on the ground bleeding. She told Sheriff’s investigators that Greer told her he killed Smith and put his body in the trunk of the car that was later driven to the Motel 6 on Davis Highway in Pensacola.
Further details about the Smith’s death have not yet been released by the Sheriff’s Office.
Anyone with information on the case is asked to call Gulf Coast Crime Stoppers at (850) 433-STOP or the Escambia County Sheriff’s Office at (850) 436-9620.
Grady Earl Carden
May 7, 2013
Mr. Grady Earl Carden, age 89, of Tractor Trail Road in Jay, passed away Saturday, May 4, 2013, at his residence after a brief illness.
Mr. Carden was a native of Phil Campbell, Alabama and a former resident of Brewton and Pollard before moving to Jay six and a half years ago. Upon graduation, he entered the United States Navy and served for two years. He then attended Larkins Business School and received his accounting degree. He went to work at St. Regis Paper Company for two years before transferring to Container Corporation in 1952. Mr. Carden retired from Container in 1983 and started Carden Straw Company in 1984 and retired in 2005.
He married Lillie Ruth Reaves in 1950 and was married for 52 years before she passed away in 2001. He was a member of the Berrydale Baptist Church.
Surivors include his daughter, Toni Grissett of Brewton; step-daughters, Beverly Fields of Pace and Patsy (Mike) Scott of Jay; sisters, Myrtle Campbell of Pace, Roberta Black of Flomaton, and Marie Sprinkle of Saraland, three grandchildren, Candace (Jeff) Lee, Tyler (Rebecca) Grissett, and Skyler Grissett; three great-grandchildren, Breanna, Chloe and Jeffrey Lee; five step-granddaughters and nine step great-grandchildren.
He is preceded in death by his wife of 52 years, Lillie Ruth Reaves Carden; wife of seven years, Margaret Huey Carden; and daughter, Debbie Carden.
Visitation will be Tuesday, May 7, 2013, from 6 p.m. until 8 p.m. at Craver’s Funeral Home.
Funeral services for Mr. Grady Earl Carden will be held Wednesday, May 8, 2013, at 2 p.m. at the chapel of Craver’s Funeral Home with Rev. Robert Gandy officiating.
Active pallbearers are Tommy Hall, Leo James, Shane Buckey, Lewie T. Smith, Jack Floyd and Ralph Hayes.
Honorary pallbearers are Durwood Williamson, Glen McCurdy, Doug McCurdy, Eugene McCurdy, Robert Carden, and Anthony Black.
Interment will follow in Pollard Cemetery with Craver’s Funeral Home Inc., of Brewton directing.
Barrineau Park Historical Society Awards Scholarships
May 7, 2013
The Barrineau Park Historical Society has presented three scholarships to area students.
(Scroll down for details below each photo.)
Jonathon Rogers received a $1,000 academic scholarship from the Barrineau Park Historical Society. He plans to pursue a career in the medical field. Presenting the check is Andrea Byars, one of the first BPHS scholarship winners.
Marcus Baker won the Stephen G. Jogan Memorial scholarship worth $1000 to further his education. He plans to major in music education and become a local high school music teacher. His scholarship was awarded by BPHS President Craig Exner.
Tristan Baker received the Lynda Minchew Memorial scholarship. He plans to use the $500 scholarship to further his plans to enter the ministry. The scholarship was presented by Minchew’s daughter Kristen Dodd and son Brian Dodd.
Submitted photos for NorthEscambia.com, click to enlarge.
Teen Sentenced To Life For Ensley Burning Death
May 7, 2013
An Escambia County woman has been sentenced to life in prison for the 2010 fatal beating and burning of a 19-year old woman.
Britnee Miller, 19, was given life without parole by Judge Gary Bergosh after her plea to first degree murder and kidnapping in the death of 19-year old Audreanna Zimmerman in March 2010. Zimmerman was beaten and burned in an Ensley field; she died 16 days after the attack. .
Miller’s mother, Tina Brown, was sentenced to death in the case, and Heather Lee was given a reduced sentence of 25 years on a second degree murder charge and testifying against Brown.
Bettie Elaine Wells Hall
May 7, 2013
Bettie Elaine Wells Hall, 63, of Perdido, passed away Monday, May 6, 2013, in Bay Minette. She was a retired License Practical Nurse. She was born in Bay Minette on November 16, 1949 to the late Walter Q. and Katie Lou Williamson Wells. She enjoyed photography and loved to help others. She was a member of Pleasant Plains Splinter Hill Pentacostal Church.
Survivors include her husband, Clifford P. Hall, Sr; one son, C.P. Hall, Jr. all of Perdido; one brother, William Walter (Maggie) Wells of Perdido; one sister, Jean Wells; three grandchildren, Claryssia Hall, Collin Hall and Colton Hall and many other relatives and friends.
Services will be Thursday, May 9, 2013, at 10 a.m. from Atmore Memorial Chapel with Reverend Angelo Thomley and Sister Thursa Long officiating.
Interment will follow in Bryars McGill Cemetery in Perdido.
Family will receive friends Wednesday, May 8, 2013, at Atmore Memorial Chapel from 6 p.m. until 8 p.m.
Johnson-Quimby Funeral Home, Inc and Atmore Memorial Chapel are in charge of all arrangements.
Lois G. Cleaveland
May 7, 2013
Lois G. Cleaveland , age 98, a resident of Foley, passed away Sunday, May 5, 2013, at Robertsdale Healthcare Center after a brief illness with breast cancer. Mrs Cleaveland was born in Irwin, Iowa on November 23, 1914, to Minor and Grace Munson. She graduated from Irwin High School, married her high school sweetheart, Lyle, then drove his grandparents to Foley for the winter, and the young couple stayed.
In the early years of their marriage, Mrs. Cleaveland worked as an operator for Gulf Telephone Company. Later, she and her husband purchased Perfection Nursery and managed this business for several years. Mrs. Cleaveland may best be remembered as the “Lady that ran the school store” for the Old Foley High on Pine Street. In 1952 Mrs. Cleaveland became an active member of Foley United Methodist Church until she was no longer able to attend.
Mrs. Cleaveland was preceded in death by her husband , Lyle; her son Fred Lyle, Jr.; and infant grandson, Nathan.
She is survived by her daughters, Bonnie (Jim) Donaldson of Foley and Gay (Bennie) Hassebrock of Molino; six grandchildren, 17 great-grandchildren and 1 great- great grandchild. Other survivors include seven nieces and nephews and their extended families and two special friends, Marion “Mims” Asplund and Walter Jones.
Visitation will be at Wolfe-Bayview Home in Foley on Wednesday, May 8 2013, from 6 p.m. until 8 p.m. Graveside services will be Thursday, May 9, 2013, at 10 a.m. at Pine Rest Cemetery in Foley.
Donations may be made to the Arthritis Foundation, 1330 W.Peachtree St., Suite 100, Atlanta, GA 3039, the American Cancer Society, PO Box 22718, Oklahoma City, OK 73123 or Covenant Hospice, 5041 N.12th Ave. Pensacola, FL 32504.
Our heart-felt thanks go out to the loving staff at Robertsdale Healthcare Center, and special thanks to the Covenant Hospice nurses, all of whom have given our mother the comfort and care she needed.