Witness: Criticisms Taken Out Of Context Track Expert Says Playfair Testimony Recounted Unfairly

The California manufacturer of the Fontana safety rail says that his criticism of Playfair Race Course was taken out of context and falsely presented to the Washington Horse Racing Commission.

Rich Fontana, of Alta Loma, Calif., testified at a July 23 meeting before the commission in Spokane that Playfair is unsafe.

But with planned improvements, including the installation of the Fontana rail, he said, the Spokane track would be “the safest in the state.”

The commission in a 2-1 vote last week denied the Muckleshoot Indian Tribe’s application for a license to operate Playfair. Safety concerns were cited as a reason why it was in the best interests of racing to turndown the applicant’s bid to assume operations in Spokane.

Fontana said he was upset with the wording of a motion to deny application presented to the commission by Marie Connelly, general manager of Emerald Downs. In that motion Connelly writes that Playfair is dangerous.

Fontana’s comments are “enlightening,” Connelly writes, specifying that Fontana on July 23 said, “It’s probably the most unsafe facility I have ever seen for the horse and rider and the spectator.

“The banking is terrible. There is no drainage whatsoever, which makes it extremely dangerous for winter racing.

“(It) needs new rails, needs changing elevation, maybe some different type of soil.”

Connelly adds, “Keep in mind these comments were made by applicant’s own expert. Clearly it is not in the best interests of legitimate horse racing to license an extremely dangerous facility. The application should be denied.”

Although the commission denied the motion it quoted Fontana in its written order denying the Muckleshoot’s license application. The commission’s order states “Applicant’s expert witness, Rich Fontana, who is recognized as the father of the Fontana safety rail, testified, ‘If you ask me if they’re going to race tomorrow if it’s a safe facility I would be honest and tell you that it’s probably the most unsafe facility I have ever seen for the horse and the rider and the spectator.’ “

The commission’s order continues, “The track is unsafe in its current condition.”

Fontana said he is unhappy that no mention is made, either in the Emerald Downs motion or the commission’s written denial, of what else he said.

Transcripts of the July 23 meeting show that Fontana told the commission that whoever designed the track did a remarkable job.

“The basic design is very good,” Fontana said on July 23 in Spokane. “It can be brought back safe and it can be brought back some to race again like it was originally designed. There is no drainage whatsoever, which will make it extremely dangerous for winter racing, but they have a tremendous drainage system if you take all of the dirt out of it and find it.

“So what I am trying to say is that it’s all here. It needs work and it needs some money. They’re willing to do both.”

Go back to the orignal design (with banked turns), Fontana added, and “there would not be a safer race track in this state. If you race tomorrow I would say no, but if you fix it you’ll have a nice race track.”

Fontana said Wednesday that “If they don’t want to give Playfair racing dates, that’s none of my business, but don’t use Fontana Products in a negative way, for a reason (to deny the application).”

Officials of the Muckleshoot corporation, New Playfair Park, Inc., said it has $710,000 set aside for improvements and promotion of the track built in 1935.

In a related development, racing commissioner Jim Seabeck of Spokane said Wednesday he continues to receive calls from people who mistakenly believe he voted against New Playfair Park, Inc.

In fact, only commission chair Barbara Shinpoch of Renton and commissioner Robert Plut of Seattle voted to turn down the application. Seabeck voted for the applicant and wrote a two-and-a-half page minority opinion in which he said that the Muckleshoots had the proper financial backing and should be given the opportunity to operate the Spokane track.

, DataTimes