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Originally Posted by oracle80
Richi,
No state racing regulatory agency has powers that supercede the rights of citizens of United States.
I find it extremely unlikely that they can tell people who they may and may not call. As a matter of fact, if they were to attempt to acess the phone records or bank records of someone, that would be illegal and actionable.
Only police or givernemnet agencies have the power to do that, and even they have to obtain a warrant from a judge to do so.
They can say that there shall be no communication all they want, but an attempt to enforce that outside of the racetrack would be a violation of the rights if these people.
Furthermore, since it would only be an enforcement of a racing edict, and constitute no crime for these people to speak, how exactly are they going to obtain warrants? They don't even have the power to do that.
Were they to obtain this information unlawfully, which would seem to be the only way to do it, it would be the racing agency who was in hot water, not the trainer or asst trainer.
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The racing board is a government agency just like the SEC is a goverment agency. The SEC is the enforcemnt body when it comes to anything involving the stock market. The racing board is the enforcement body when it comes to anything involving racing. A racing board can get a search warrant and check phone and bank records just as easily as the SEC can.
With regards to preventing communication between the trainer and the assistant, I'm going to have to get clarification from my buddy who was on the CHRB. I could have sworn he told me that the trainer can't be communicating with the assistant. Maybe he just meant that the board will not allow the trainer to be in constant communication with the barn and still calling the shots. Maybe a phone call once in a while is alright. I will ask him for clarification when I talk to him.
It may be similar to what happened with Steinbrenner a few years back when he was forced to relinquish control of the Yankees for a few years. I don't remember what the exact details were in that case. I don't remeber if he was to have zero contact or if maybe he was allowed to check in once in a while. I do remeber that he was not allowed to be involved in running the team in any way.