Judge Nixes Hawthorne Ask for Marshals to Clear Workers

The judge hearing the Hawthorne Race Course bankruptcy has refused the track's request to enlist the United States Marshals Service to forcibly evict backstretch workers to clear the way for the sale of the property. At an Aug. 19 status hearing, Judge Timothy Barnes told lawyers for the track and the Illinois Thoroughbred Horsemen's Association to bring him a detailed move-out plan for the horsemen and horses remaining at the suburban Chicago track. Acknowledging the need to clear the track before the Sept. 1 closing date for the sale, Barnes said he could authorize forcible eviction only in cases of individuals refusing to obey the existing Aug. 31 move-out date. He could not, he said, approve a general order that "could lead to a very unfortunate outcome." He also turned down Hawthorne's request to move the eviction date from Aug. 31, as specified in the sale order, to Aug. 28. He noted the buyer has indicated willingness to push the date back even further to accommodate backstretch workers, but that the track and creditors object to spending additional money to keep the facilities open. "I'm not sure I'm going to find that compelling," he said. "I need to know what is happening to these people," Barnes said. "What the effect of my orders is." The judge told attorneys to compile detailed lists of people remaining at the track and their plans. By Aug. 28, he said, if there are individuals who refuse to move, he could approve evictions. But he said that would require evidence of their refusal to obey the order. "I am not inclined to enter an order in anticipation of noncompliance," he said. Hawthorne attorney Barry Chatz said 113 horses, 155 adults, and 55 children remained on the backstretch Aug. 19. ITHA attorney Kevin Morse said his organization has arranged moving plans for all but 29 people, 22 of whom are expected to leave with horses within the week. The ITHA continues to work to find alternate housing for the other seven, Morse said. But Barnes told Chatz he considers it Hawthorne's responsibility to finalize the clearance of the backstretch. "It's the debtor's (Hawthorne's) responsibility to make sure that happens," he said after Chatz argued that the workers and their families are not Hawthorne employees. Hawthorne filed for bankruptcy protection Feb. 27 after its primary lender froze its bank accounts and the Illinois Racing Board suspended its harness racing license. Operating under bankruptcy financing, the track managed to get its Thoroughbred meeting started, albeit several weeks late and with short fields. Financial projections proved too optimistic, however, and racing was canceled after three dates in July, leaving the Chicago area without an operating track. The only bid for the Hawthorne property was $90 million, from a Delaware-registered limited liability company, which reportedly plans to redevelop the land. ITHA president Chris Block and executive director David McCaffrey appeared before an IRB meeting earlier Aug. 19, outlining the situation for the regulators. Working to aid backstretch workers, Block said, "is something I'll never want to witness again. A lot of them will never carry on. … For me, it's hard to carry on. "This feels like a death and I'll never recover from it," said Block, whose family has been a mainstay of Illinois breeding and racing for decades. "It's tragic. It's devastating." Block cited years of promises by Hawthorne president Tim Carey that Hawthorne would build a racino and rejuvenate the industry and horsemen's patience in awaiting action that never came. He also recalled Hawthorne had assured the IRB that, in the event it was forced to cease racing, it had plans in place to help backstretch workers. "Today? 'Get out!' That's what they want us to do," he said. McCaffrey added, "We have been very reluctant to be critical of Hawthorne. But whatever goodwill they have earned over five or 10 years, it's quickly evaporated with their heartless behavior in the past few months."