BREAKING: Turf Paradise REALLY Wants To Jockey Into Arizona's Sports Betting Business, Appeals Denial

Arizona's premier horse racing venue is feeling left out of Arizona's new sports gambling business, and is trying to sue its way in. Their first two efforts have come up lame, so they are doubling down on the Court of Appeals to help them out.

On Wednesday, Turf Paradise appealed Superior Court Judge Daniel Kiley's decision that the horse track does not qualify as a "professional sports franchise" entitled to a sports betting license, even though the state stipulated it is a "sports facility".

Despite being a long-time financial supporter for Governor Doug Ducey's campaign efforts, Turf Paradise owner Jerry Simms was left out in the cold by the comprehensive gambling law pushed through to allow licenses to go to Arizona's professional sports franchises and several Native American governments. Simms is trying to sue his way in.

Judge Kiley's bottom line was simple: the statutory scheme passed in 2021 limits who receives the licenses, but does permit the track to partner with one of them. (Kiley was hearing an appeal from the Administrative Law Judge's denial; therefore, Turf Paradise is an "Appellant".)

Appellant argues that “[i]t defies logic to conclude that the Legislature would exclude horse racing…from a new sports gambling industry.” The premise of Appellant’s argument, however, is incorrect: the Legislature has not excluded horse racing from the sports gambling industry. Instead, as discussed above, the Legislature has established a means by which racetrack enclosures may “partner” with “[a]n event wagering operator” to “obtain a limited event wagering license for event wagering only at one specific physical location.” The Legislature has also made clear, however, that an event wagering license may be issued to a non-tribal entity only if the entity or its designee is “[a]n owner of an Arizona professional sports team or franchise,” an “operator of a sports facility that hosts an annual tournament on the PGA tour,” or a “promoter of a national association for stock car auto racing national touring race.” Because Appellant is none of those, the denial of Appellant’s Application was properly affirmed. (citations omitted)

Turf Paradise took their case to the Court of Appeals yesterday. Their Opening Brief will be due on June 6.

 This article was reported by AZ Law founder Paul Weich. Paul is currently running for a seat in Arizona's House of Representatives.

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