The West Virginia Racing Commission did not engage in improper rule-making when it suspended the permits of seven jockeys for improper weigh outs before races, the West Virginia Supreme Court said in a ruling upholding the suspensions.
The high court on Wednesday overturned an earlier court ruling. In 2009, the commission had suspended each jockey for 30 days and fined each one $1,000.
The order said the jockeys acquiesced to improper weigh outs conducted in March 2009 by a former clerk of scales at Charles Town Races and Slots, now called Hollywood Casino at Charles Town.
In its order, the commission gave definitions to two words in a state racing rule - "connive" and "corrupt." The order stated that "connive" includes acquiescence with others' behavior, while "corrupt" includes diminishing or adulterating procedures needed to ensure bettors' confidence in the integrity of the weigh out process.
The circuit court said the commission's definitions constituted improper rule-making. The Supreme Court, in an opinion written by Justice Brent Benjamin, disagreed.
"The commission, by defining 'connive' and 'corrupt,' did not state a new policy, implement a new rule, extend the existing rule, or apply or interpret the rule in a novel manner," Benjamin wrote.
The Supreme Court also rejected the circuit court's determination that there was insufficient evidence to support the commission's findings, saying that the evidence was substantial.
Ben Bailey, a lawyer for the jockeys, did not immediately return a telephone message on Thursday seeking comment. Joe Moore, interim executive director of the commission, was out of town and unavailable for comment.
The weigh outs were recorded by surveillance cameras installed by track officials in the jockey room.
A commission hearing examiner said the video surveillance showed "a circus and a mockery of the process." The video showed jockeys stepping on the scales with one foot, and getting on the scales in rapid succession, which did not allow the scales to register zero between weigh outs, according to court filings in the case.
The circuit court found no evidence that the jockeys rode over their weight limits, the Supreme Court said.