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Court Rules Against Pena


Published: January 12, 2012 4:15 pm ET

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On Thursday, January 12, U.S. District Court Judge Stanley Chesler ruled against granting top conditioner Lou Pena a preliminary injunction which would have forced officials at the Meadowlands Racetrack to allow Pena-trained horses to compete at the New Jersey raceway.

In his decision to not grant an injunction, according to a report by John Brennan in The Bergen Record, Judge Chesler, cited a 1983 exclusion case involving owners and trainers at Dover Downs. The 1983 ruling had come to the conclusion that Dover's exclusion of the horsepeople in question did not constitute a 'state action.'

The Meadowlands is now operated by Jeff Gural, who leases the track from the state of New Jersey.

In his ruling, Judge Chesler said that in his request for injunction, Pena "failed to produce evidence of any direct participation by state officials in the exclusionary decision.”

Pena held the position that his exclusion stemmed from action taken by the NJ-run New Jersey Sports and Exposition Authority, according to The Bergen Record report. Although, Judge Chesler ruled that the exclusion was a move solely made by Gural.

(With files from The Bergen Record)

(In an effort to consolidate discussion, comments on this topic can be directed have been directed to the 'Pena Files Lawsuit Over 'Big M' Barring' news story.)

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