August 16, 2012 Directors Christine A. Dorchak, Esq. President and Treasurer Eric Jackson Vice President Greyhound Companions of New Mexico Valarie L. Wolf Secretary Tom Grey Stop Predatory Gambling Kathy Pelton Charmaine Settle Galgo Rescue International Network Directors Emeritus Dr. Jill Hopfenbeck, DVM Kevin Neuman Kansas City REtired Greyhounds as Pets Michael Trombley, CPA Carey M. Theil Executive Director William J. Walsh, Director Arizona Department of Racing 1110 West Washington St., Suite 260 Phoenix, AZ 85007 Dear Director Walsh, Thank you for your correspondence dated August 15, 2012. Please consider this a formal response to your letter. Without question, the Arizona Department of Racing is willfully violating the Arizona Public Records Law. i Specifically, the Department is intentionally not keeping physical possession of records related to greyhound injuries at Tucson Greyhound Park, in a patently obvious attempt to prevent such records from entering the public domain. Greyhound injury records were produced as public documents in Arizona until approximately November 2009, when the Department opted to begin skirting the public information law. Additionally, they are public documents in other jurisdictions, including West Virginia, Iowa and Texas. This hide and seek tactic to skirt public information laws is not new. In fact, in 1993 an individual named Steve Barham withdrew his application to become the next Director of the Arizona Department of Racing after he admitted using this same tactic in another state. The Arizona Republic Editorial Board addressed this issue forcefully: What Arizona did not need was an individual who willfully would seek to come up with creative means to cut off public access absent legal justification. Attached, you will find a full copy of the Arizona Republic Editorial. Additionally, this is not the first time the Department has shown a disregard for public transparency. For example: On July 15, 2012 Arizona Racing Commissioner Rory Goree publicly stated that he was mulling some bill ideas to make public information requests much more difficult. ii Organization Listing is for Identification Purposes Only On September 12, 2011 Arizona Department of Racing Director Lonny Powell forwarded a message about dogs racing in extreme temperatures at Tucson Greyhound Park to various racetrack lobbyists and executives. iii At the top of his message, in large font, he wrote Please no e-mail responses back.
Without question, the reports that were released prior to November 2009 demonstrate a serious problem. Specifically, between January 2007 and November 2009, 923 greyhound injuries were reported at Arizona racetracks. iv The most common injury was a broken leg, and other reported injuries included fractures, sprains, dislocations, muscle tears and strains, lacerations, a cracked skull, broken backs, heat stroke, puncture wounds and paralysis. v Most greyhound injuries reported during this period were serious, and 67 were fatal or resulted in euthanasia. vi For example: On April 11, 2009 a one-year-old brindle greyhound named Oxbow Savage died after he suffered a broken skull during a race at Tucson Greyhound Park. The official injury report included the statement Dangerous track too wet! vii On February 23, 2007 a four-year-old white and brindle greyhound named Too Tall Sky was euthanized after he suffered a back injury during a race at Tucson Greyhound Park and had no feeling in his tail and rear legs. viii On August 12, 2009 a two-year-old brindle greyhound named Boc s Flamingo was euthanized after suffering a broken leg during a race at Tucson Greyhound Park. According to the official injury report surgical repair was recommended but instead the individual responsible for the dog decided on euthanasia. The public deserves to have access to this data, and it is not be in the best interest of the state for it to be withheld. We can only assume that the Department has chosen to block access to greyhound injury data because disclosure would not be in the financial interests of Tucson Greyhound Park. In closing, I would like to remind you that you are not an employee of Tucson Greyhound Park. As a public official and state regulator, you represent the people of the State of Arizona. By playing hide and seek with Tucson Greyhound Park injury data, you are putting the interests of a private racetrack ahead of good public policy and the integrity of the Arizona Public Records Law. It is my hope that you will reconsider this harmful policy and once again fully adhere to both the spirit and the letter of the law. Sincerely, Christine A. Dorchak, Esq. President and General Counsel cc: Arizona Governor Jan Brewer i A.R.S. c. 1, art. 2, 39-121 et seq. ii Facebook comment by Rory Goree, July 15, 2012. iii E-mail correspondence from Lonny Powell to Tucson Greyhound Park CEO Tom Taylor and other recipients, September 12, 2011. iv Arizona Department of Racing, Greyhound Injury Spreadsheets, Greyhound Mishap Reports and Greyhound Veterinarian Reports, 2007 November 2009. v Ibid. vi Ibid. vii Tucson Greyhound Park Injury Report for Oxbow Savage, April 11, 2009; The Greyhound Breeding and Racing Database, on line at http://greyhound-data.com/d?i=1457446, last visited on August 16, 2012. viii Tucson Greyhound Park Injury Report for Too Tall Sky, February 23, 2007; The Greyhound Breeding and Racing Database, on line at http://greyhound-data.com/d?i=1138748, last visited on August 16, 2012.