There's one thing about social media, it's tough to hide.
This evening there is quite the discussion about NYRA being ordered to pay back bettors for not lowering the takeout in September of 2010. The initial narrative was that the provision in the clause was very complex, so giving them a pass might be in order, but it turns out (as I noted earlier) the section itself really wasn't.
Alan at LATG tonight:
"Section 32 above actually isn't all that complex. In fact, it's relatively straightforward"
and he quoted the section.
Alan also noted that The Thoroughbred Times had a story that talked about the sunset provision in it.
So, people seemed to know.
But here's where it gets really interesting. A frequent poster on Paceadvantage (I have read him for awhile on there and chatted back and forth with him several times), has been dogged on this issue for some time.
Tonight he posts:
"On January 8, 2011 I e-mailed the NYSRWB about NYRA’s takeout on some
wagers being outside of the parameters of the law. I never received a
"I also emailed NYRA in April, 2010 and July 2010 asking them about the
takeout, but I did not receive a response. And in August 2010, I
commented on Steven Crist’s blog about the “1% NYC OTB takeout increase
sunseting” and NYRA takeout being outside the parameters of the NYS law.
While he did not post my comment he did send me a e-mail acknowledging
the sunset provision went in effect and that NYRA could ask for lower
takeout if they wished. I do not know if he discussed it with anybody at
NYRA but he does know Charles Hayward personally."
He posted a couple times in 2010 and early 2011 on Pace asking when the takeout will be reduced, as well. I remember reading both posts at the time he posted them (they're linked on that thread).
If bettors figured it out on a chat board and posted about it several times, it looks like we might put to bed the "it was too complex" theory. But if this poster above is telling the truth, and he seems to be credible in my opinion, not only did the bettors figure it out, but one of them emailed NYRA and the NYSRWB to tell them about it, as far back as spring 2010.
It appears this story is far from over.
Update via Frank Angst at the TT -