Gulfstream Park Warns Against Dangerous Horse Manure Lawsuit on Canal
Florida's Gulfstream Park racetrack has refuted a charge by its previous general legal counsel that it polluted a waterway connecting to the Intracoastal Waterway with horse poop.
Michael Fucheck was the venue's leading attorney for nine years. In an unsealed federal lawsuit, he provided images claiming Gulfstream Park used portable pumps to stealthily discharge water contaminated with poop into the canal.
The lawsuit describes how the poop amasses in horses' stables, pathways, and the track, and is then sprayed down by trainers and landscapers. This leads to highly contaminated water amassing in Gulfstream's underground stormwater drainage system.
Horse poop may contain salmonella, which can be very hazardous to humans. Infected horses can pass the parasite straight to humans by contaminating water with their poop. Horse waste may also contain dangerous fecal coliform and phosphorus," the lawsuit reads. "Because of these dangers, county, state, and federal authorities have established stringent rules governing the disposal of wastewater originating from racetracks," it continues.
The suit points out that the Intracoastal Waterway is used by possibly millions of individuals for entertainment and business purposes.
Fucheck alleges the track had been discharging contaminated water for "at least" 14 months, from March 2021 to April 2022, contravening agreements with county and federal environmental agencies.
'Frivolous' Legal Action
The racetrack in Hallandale Beach is owned by the Stronach Group and is a critical spot on the racing agenda, hosting the Pegasus World Cup and the Florida Derby. Its casino is amongst the few pari-mutuel locations authorized to offer Class III 'Las Vegas-style' slots outside of Seminole reservations.
"The claim stems from allegations by an ex-employee who was sacked in 2019," the Stronach Group said in a statement to The South Florida Sun-Sentinel. "The Stronach Group has observed all appropriate laws and regulations, and we continue to do so. We intend to robustly defend this ludicrous lawsuit."
Prior Violations
The racetrack has a track record in this matter. In 2017, it settled for $456K with the U.S. Environmental Protection Agency (EPA) and pledged to take measures to avert the discharge of contaminated water.
Fucheck's lawsuit invokes the False Claims Act, which allows whistleblowers to institute actions against companies or individuals believed to be defrauding governmental programs. If the government opts to join the suit and the claim is successful, the original plaintiff can receive a percentage of recovered damages.
However, the U.S. government has decided against joining the case in this situation. Nevertheless, Steven Grover, Fucheck's lawyer, insisted to the Sun Sentinel that this was not a reflection of the strength of their case. It could be linked to funding issues, or the government could be planning to pass the case on to the EPA, he said.
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Source: www.casino.org
