Still more — this time from the Paulick Report — on the Kentucky Horse Racing Commission's "about face" on release of details identifying race horses that suffered fatal injuries as well as the horses' trainers, owners, and tracks where the injuries occurred.
This article does not reference the eleventh hour agreement between the Commission and the Kentucky Center for Investigative Reporting that resulted in disclosure of the previously withheld information.
KYCIR agreed to withdraw an open records appeal from the Racing Commission's denial of its request in exchange for the Commission's commitment to make the information public on an ongoing basis.
An amicable settlement of an open records dispute is always desirable. But a problem does present itself.
Future Commission executive directors may not be inclined to release the information. They are not bound by the agreement reached by KYCIR and the current executive director.
Had the issue been reviewed by the attorney general's staff and an open records decision favoring access issued — an outcome that was almost certain — there would now be governing legal authority establishing the public's right of access to identifying details of race horses that suffered fatal injuries.
Instead, we will have to rely on bureaucratic inertia — rather than legal precedent — for disclosure of the information by future Kentucky Horse Racing Commission officials.
Perhaps the Commission has promulgated or will promulgate regulations requiring disclosure of the information going forward. Otherwise, all bets are off!
