Ruling: Harness panel must reconsider proposed track

Lawrence County officials were elated by the news.
By LAURE CIOFFI
VINDICATOR PENNSYLVANIA BUREAU
NEW CASTLE, Pa. -- For Carmen Shick, justice was finally served.
Shick, president of Bedford Downs, the proposed Lawrence County harness track, said he felt vindicated by Monday's appeals court decision that states the Pennsylvania Harness Racing Commission abused its discretion in denying the license because Shick's late grandfather may have had ties to Youngstown crime figure Lennie Strollo and others.
The court also stated the commission erred when it questioned Bedford's financing for the project.
"It's cleared up any and all misconceptions," Shick said of the decision. "Hopefully the court's decision will clear the way for the commission to award the license."
The ruling
According to the court ruling, the Pennsylvania Harness Commission must reconsider the proposed Lawrence County track. A similar request made by competitor Valley View Downs for its proposed Beaver County track, was denied by the state appeals court.
Rick Kelly, Valley View spokesman, said his company was reviewing the decision and evaluating its options, but could not say if it would appeal the Commonwealth Court decision.
Anton Leppler, executive director of the harness racing commission, said Monday morning that he had not yet read the court's decision.
"Once we do, we will make the determination which way the commission feels is appropriate," Leppler said.
Shick said he will attend the harness commission's regularly schedule meeting Friday in West Chester, Pa., outside Philadelphia, but he does not expect any action regarding Bedford Downs.
'An honorable man'
The 28-page court decision was released Monday morning and Shick said he learned of it when a reporter called for his reaction.
Shick took the commission to court after the license was denied last November. The commission report essentially called the Bedford property off U.S. Route 422 "tainted" because Shick's dead grandfather acquired it while his companies were trying to earn money by dealing with reputed organized crime figures.
"The law is concerned with the possible adverse influence that people may have upon the lawful conduct of pari-mutuel horse racing. It is absurd to believe that the ground upon which the racing facility is built will induce Bedford to violate racing laws," wrote Judge Rochelle S. Friedman in the 6-1 opinion.
The harness commission's original report noted that Shick and his brother, Ken, and sister, Kendra, had no ties to organized crime.
Friedman also stated in the opinion that the commission improperly raised concerns about Bedford's ability to finance the project.
The commission based its denial on the fact that Bedford's financing letter from Merrill Lynch had more conditions on it than a similar one produced by Valley View Downs.
Judge Friedman wrote that there was no finding that Bedford is unable to meet those conditions and no reason to be concerned about the company's ability to finance the project.
Reaction
Evelyn Ward, president of the Lawrence County NAACP, said she was elated upon hearing the court's decision.
The NAACP held a rally in support of Bedford last winter claiming the harness commission discriminated against the Shick family.
"Now there's no question that Carmen Shick is an honorable man. I think it's fantastic," Lawrence County Commissioner Ed Fosnaught said of the court's decision.
Fellow commissioners Dan Vogler and Steve Craig agreed.
"This was the best option," said Vogler, who hopes to attend Friday's commission meeting with Shick.
"Sometimes it's good to see the good guys finish first," added JoAnn McBride, director of the Lawrence County Tourist Promotion Agency. "If Carmen gets this license, it will put Lawrence County on the map for sure."
cioffi@vindy.com