from the USTA Communications Department

Columbus, OH — Last week on Monday (June 18), the U.S. Supreme Court denied an appeal by the Michigan Gaming Control Board (MGCB) on the decision made by the Federal Sixth Circuit Court of Appeals in the long-running case, John Moody, et al v. Michigan Gaming Control Board, et al, involving four Michigan harness racing drivers.

This is the second time the MGCB has attempted to appeal to the Supreme Court and the case will now be returned to the United States Eastern District of Michigan. Besides Moody, the other three drivers involved are Donald Harmon, Rick Ray and Wally McIllmurray Jr.

Participants received a Notice to Appear at the U.S. District Court at 231 Lafayette Boulevard in Detroit, Mich., on Aug. 6, 2018 at 2 p.m.

The background to the case involves an anonymous tip given to the MGCB that led to an investigation of allegations of race-fixing involving certain gamblers and harness racing drivers. As part of this investigation, the MGCB held an administrative, investigatory hearing on May 20, 2010 with the four drivers, who were all licensed by the MGCB, to determine if the drivers were involved.

At the hearing, all four drivers declined to answer questions and invoked their Fifth Amendment rights. The next day, the MGCB suspended the drivers’ licenses, citing their failure “to comply with the conditions precedent for occupational licensing in Michigan.” Later, on Nov. 30, 2010, the MGCB issued orders of exclusion banning the drivers from all tracks in the state. In addition, license applications for the drivers in 2011, 2012 and 2013 were also denied.

Moody, Harmon, Ray and McIllmurray are represented by Hugh (Buck) Davis and Cynthia Heenan of Constitutional Litigation Associates in Detroit. They and their clients are available for interviews by contacting their attorneys at 313.961.2255; or Davis@ConLitPC.Com, Heenan@ConLitPC.Com and Info@ConLitPC.Com.