FOR IMMEDIATE RELEASE November 21, 2011 WEST VIRGINIA SUPREME COURT DECISION UPHOLDS JOCKEYS RIGHTS TO RACING

COMMISSION REVIEW FOLLOWING RACETRACK DECISION In a major victory for jockeys and the West Virginia Racing Commission, the West Virginia Supreme Court on Friday issued an Opinion holding that jockeys have a right to a review by the Commission of a decision by a racetrack to eject them. The Court also found, on the facts of the specific case before it, that Charles Town Races had waived its objections to the issues before the Court. The case began in March of 2009, when seven jockeys at the Charles Town Racetrack were allegedly caught failing to weigh out properly. Weighing out refers to the jockeys stepping on the scales, before going out to race, to insure that their weight matches the weight assigned to the horse they are riding. On April 8 of 2009, the jockeys were suspended by the Racing Commission, and on April 14 by the racetrack. Two days later, the jockeys were granted an injunction by the Circuit Court of Kanawha County, allowing them to continue racing while their suspensions were under review. On that same day, after the racetrack took the position that its suspension was not barred by the injunction; the jockeys returned to court and were granted an injunction against the racetrack, as well. Following lengthy factual hearings and legal proceeding, the Commissions decision to suspend the jockeys was appealed by the jockeys back to the Kanawha County court, and the racetrack sought to be relieved of the injunction so it could suspend the riders. This appeal affirmed the Kanawha County Courts decision upholding the injunction until all legal proceedings before it can be resolved. The racetrack appealed that decision, the jockeys and the Racing commission responded, and the Jockeys Guild filed an amicus brief on their members behalf. Terry Meyocks, National Manager of the Jockeys Guild, said The Guild is extremely pleased that the highest court in West Virginia has upheld the case against Penn National Gaming Inc. (PNGI) for excluding jockeys from its Charles Town race track. The Guild strongly supported the jockeys and was actively involved in this litigation. The Appeals Court concluded that PNGIs efforts to exclude these Charles Town jockeys would deprive them of a meaningful opportunity for judicial review of the Commission imposed penalties. We think this is a national problem in which licensed jockeys have been unfairly prevented from riding at tracks without any due process and this decision helps clarify that our members cannot be unfairly excluded, said Meyocks.

November 21, 2011 Page 2 The West Virginia courts reasoning should apply in every state and our members will now have a right to appeal to their racing commission from any track imposed exclusions. We appreciate the support of the West Virginia Racing Commission and our Guild membership, especially the Board and the Charles Town jockey colony, who helped make this court action possible, said Meyocks. Ben Bailey, of Bailey & Glasser in Charleston, West Virginia, represented the individual jockeys and argued their appeal. Said Bailey: All seven of these men are pleased. This opinion makes it clear that each jockey has a fundamental right to due process protection of his or her occupational racing permit, from the unbridled discretion of racetrack management. The opinion properly balances the authority of the State to regulate racing with the property interests of the jockeys and the racetracks who hold licenses from the Racing Commission. We look forward to finally resolving their case back in the Circuit Court of Kanawha County. The Racing Commission was represented in the appeal by Kelli Talbott, Deputy Attorney General for Darrell V. McGraw, Jr., Attorney General of West Virginia. The courts opinion may be found at http://www.courtswv.gov/supremecourt/docs/fall2011/101503. For questions, please feel free to call Terry Meyocks at (859) 305-0630 or Ben Bailey at (304) 345-6555. **30**