A Sunshine State greyhound dog house has failed in its tender to exact compensation for financial amends incurred by the state’s 2018 ban on Canis familiaris rush wagering, WUSF News reports.
D’Arcy Kennel, LLC, and its owner, Christopher D’Arcy, sued Florida in August 2019, alleging unconstitutional “taking of property.”
“The state of Everglade State … imposed such a terrible weight on the common soldier belongings rights … that it amounts to a per se taking that completely deprives plaintiffs of all economically good utilise of the property,” D’Arcy argued in his lawsuit.
“The [ban] is the usable eq to a physical taking in which the res publica of Everglade State has ousted the plaintiffs from their domain and from any welfare from their property,” he claimed.
‘Still Free to Race’
In 2021, the Leon County Circuit Margaret Court ruled against D’Arcy, noting he was only prevented from racing dogs at Florida pari-mutuel venues, whereas other tracks were useable elsewhere. This was “not a restriction so spartan as to reason a taking,” ruled County Circuit Judge Angela Dempsey.
The kennels were still free to “race their dogs, they tin can noneffervescent sell their dogs, they can relieve keep them as pets, and they put up even out rush them in wagered races inward other states where wagering on greyhound racing is allowed,” Dempsey wrote. “The only thing they cannot fare is run them in a wagered race inward Florida.”
Last week, Florida’s First Court of Appeal upheld that ruling. The three-judge panel added that the hard regulated nature of the gambling manufacture meant D’Arcy could get middling expected that his investment funds inward greyhound racing could follow impacted past untoward regulation.
“[The ban] does not divest racing Canis familiaris owners of their property; it simply regulates its use,” they wrote.
Amendment 13
Florida was for many years the epicenter of greyhound racing inwards the US until residents voted for Amendment 13, which changed the nation make-up to banning betting on the sport. An overwhelming 69% of residents backed the amendment. Live Greyhound racing in Sunshine State officially ended on Dec. 31, 2020.
Ironically, many of the tracks supported Amendment 13. Under Florida’s gambling laws, pari-mutuel venues were obligated to offer up a certain quota of racing each twelvemonth under the terms of their gaming licenses, regular though it could be unprofitable.
The state’s pari-mutuel venues had for years been calling for a vary inwards regulations that would tolerate them to scrap racing altogether spell retaining to a greater extent lucrative play games.
D’Arcy may live free to rush his dogs elsewhere, but today there are just 2 functioning greyhound tracks remaining inwards the US, including Wheeling Island Casino & Racetrack and the Mardi Gras Casino & Resort, both inward Mae West Virginia.
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