Court of appeals smacks Pennsylvania racing panel

The opinion written by Judge Rochelle S. Friedman was straightforward and biting: "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."
The target of Friedman's judicial smack -- she was joined by five other judges to form the 6-1 majority -- was the Pennsylvania Harness Racing Commission, which refused to grant a harness racing license to the developers of Bedford Downs in Mahoning Township in Lawrence County. The developers, Carmen and Ken Shick and their sister, Kendra Tabak, are the grandchildren of the late Carmen Ambrosia, who had ties to Mahoning Valley organized crime boss Lenine Strollo. Strollo is currently serving a federal prison sentence and has become a government witness against Mafia figures in the Mahoning Valley and the nation.
In rejecting the Bedford Downs proposal, the racing commission expressed the concern that Ambrosia's ties to Strollo and other mobsters may somehow bind his grandchildren. The commission did not allege that the Shick brothers and their sister have ties to organized crime, but its willingness to assign guilt by inheritance, if not association, to the beneficiaries of the long-time businessman in the region was patently unfair. We said so in an editorial last November, and the six judges of the appeals court agreed. There was one dissent.
Abuse of discretion
The court found that the racing commission had abused its discretion in raising the Ambrosia-Strollo connection and also erred in concluding that Bedford Downs' financing package did not pass muster.
Judge Friedman and her five colleagues ordered the harness racing commission to reconsider the application submitted by the Shick brothers and their sister for a harness racing license.
On the other hand, the appeals court was not as kind to the developers of Valley View Downs in Beaver County. The judges upheld the state racing commission's refusal to grant Valley View a harness racing license. The developers have decided to appeal the ruling to the Pennsylvania Supreme Court.
While we applaud the appeals court for making it clear that the sins of the grandfather should not be visited upon the grandchildren, we do reiterate our support of the racing commission's commitment to ensure that organized crime entities are not involved in gambling in Pennsylvania, especially now that casinos and slot machine outlets will be established in the state.
Indeed, the stakes for the last harness racing license are extremely high; the winner will be in an extremely strong position to secure a license to operate slot machines at the race track.