VOLUME 10 - 2017-2018 ISSUE 1

10 Ky. J. Equine, Agric. & Nat. Resources L. 35 (2018).

THE CONSTITUTIONALITY OF CLAIMING JAIL

Comment Written By: Paul E. Salamanca

Most pari-mutuel horse races in the United States are claiming races. In such races, a track official stipulates a claim price, and any authorized person may buy any horse that runs in that race at that price. In fact, claiming races have this effect even if people are unaware of how they work, simply because people will see competitive races. This device discourages owners from running overqualified horses, which tends to ensure competitive fields. Claiming races present dilemmas for owners, claimants, and tracks alike. Tracks institute claiming jails to prevent arbitrageurs from raiding stables. Under this rule, an individual who claims a horse is precluded from taking the horse to another track, or another state, for a certain period of time. This comment discusses the constitutionality of the use of this device in claiming races.