Farmington track sues state Racing Commission

Friday, June 24, 2005 | 9:17 a.m.

ALBUQUERQUE -- SunRay Park wants to trim the number of days the Farmington track is required to run live horse races next year so it's suing the state Racing Commission.

Commission chairman David Sanchez called the move "ridiculous."

"We care about horses. They care about gaming," Sanchez said Wednesday after the commission's monthly meeting in Albuquerque.

Slot machines -- not live races -- are what keep New Mexico's tracks in the money, but the tracks are required by law to offer live racing if they want to keep their slots rolling.

SunRay wants to run 40 live-racing days in the summer and early fall of 2006, but the Racing Commission in May set 48 live dates for the track. The track's lawsuit, filed Tuesday in state district court here, claims the track loses _$25,000 each day it offers live racing.

"It basically costs money to race more days," SunRay attorney Tom Gulley said. "It's a losing proposition, in other words."

SunRay financial documents show the track turned a _$3-million-plus profit in 2004 and about that same amount in 2003 with live-racing losses and casino gains factored in.

Even at 48 days, SunRay's live schedule would still offer fewer races days than any other New Mexico track in 2006, said commission executive director India Hatch.