Driver Ban Is Upheld by Court : Harness racing: Los Alamitos may use past success as yardstick for limiting competition, judge decides.

Federal Judge John G. Davies has denied a request for an injunction that would allow 13 harness drivers the opportunity to drive at Los Alamitos Race Course.

In an opinion filed Thursday and released Friday, Davies said that Los Alamitos has the right to bar the drivers from the track.

The drivers had been excluded on the basis of experience and lack of past success by Lloyd Arnold, Los Alamitos president and part-owner.

“A much more viable concern appears to be the possibility that if the Court forces Los Alamitos to allow plaintiffs (the drivers) access to the meet as drivers, the other 130 or so drivers who could not qualify under the new standards will seek similar relief,” the 10-page opinion said. “This would place an unreasonable burden upon defendant (Los Alamitos), particularly in light of the possibility the defendant will prevail in the lawsuit.”

Richard Craigo, an attorney representing the drivers, said his clients will get a hearing Friday before the California Horse Racing Board. The drivers will ask the board to overturn Arnold’s decision.

“The blacklisting of these largely minority and economically disadvantaged drivers, without a semblance of due process of law, was recently upheld in an action by the state stewards at Los Alamitos,” Craigo said. “Incredibly, Judge Davies’ opinion does not even address this critical event. We are confident that a ruling which so ignores constitutional guarantees cannot previal.”

Craigo made reference to a stewards’ decision on Jan. 18, whereby Ron Cassini, who does not meet minimum driver qualifications, was allowed to drive in a California Sires Stakes race at Los Alamitos.

Fred Kuebler, director of racing at Los Alamitos, said the track would allow exceptions to drivers who had made advance payments before the driver qualification standards were announced. In the case of California Sires Stakes races, the payment is made two years in advance.

Cassini’s horse, Typical Anna, finished seventh in a nine-horse field, 27 lengths behind the winner.

Jerry Mandel, who argued the case for Los Alamitos, called Davies’ decision “very well thought out and put together.”