ST. CROIX — A Superior Court judge denied a temporary restraining order during a virtual hearing Thursday on St. Croix that would have allowed plaintiff Arturo Watlington Jr. to race his banned 7-year-old horse, Guillaume, Sunday at the Clinton E. Phipps Racetrack on St. Thomas.
Judge Douglas Brady clarified that his ruling was limited to the TRO and that other issues in the case would be addressed later. The hearing focused solely on whether the St. Thomas/St. John Horse Racing Commission’s ban on Guillaume should stand for the upcoming race.
“All we’re talking about today is the race on Sunday,” Brady said.
Watlington, a former senator and attorney representing himself pro se, filed a civil complaint on August 22 in the Superior Court, Division of St. Thomas and St. John against Commission members Hugo Hodge Jr., Dr. Laura Palminteri, and Sheldon Turnbull, as well as racing secretary, Kareem Thompson. He simultaneously requested a TRO and a later hearing on a preliminary injunction. The case was assigned to Brady after four judges in the St. Thomas/St. John District recused themselves.
During the hearing, Watlington argued that under the Equine Liability Act, individual participants in racing — not the Commission — are liable for incidents on the track. He claimed Palminteri, the Commission’s veterinarian, approved Guillaume to race on July 5, but emailed him on July 16 saying the horse would not pass another inspection. Watlington maintained he would never race a horse unfit to compete.
“We do not appreciate people telling us what’s wrong when we have our own veterinarian,” he said, questioning Palminteri’s dual role as a Commission member and the Commission’s veterinarian.
Palminteri testified during the hearing, facing questions from Watlington and Assistant Attorney General Jalicha Persad, who represented the defendants for the limited purpose of opposing the TRO.
While responding to questions asked by Persad, Palminteri said she inspects horses both a week before and on race day. She last inspected Guillaume on July 5 and testified that the horse’s condition was the most alarming she had seen.
“This is a horse that has a high probability of breaking a leg on the racetrack, and that is what I’m trying to prevent,” Palminteri said, later describing Guillaume as a “timebomb” at risk of injury.
When Watlington asked why she allowed his horse to run on July 5, Palminteri said it was against her better judgment.
“I was hoping you would do right by this horse by now,” she said.
Palminteri said her change in stance between July 5 and 16 was due to her conscience. Watlington asked her if she believed a report from his veterinarian, Dr. Randi Armand, of Puerto Rico, suggesting the report showed there were no issues with Guillaume. Palminteri said, however, she did not interpret Armand’s report the same way. Brady then pointed out that Armand recommended treatment options that included anti-inflammatory drugs and joint injections.
While deciding whether to grant Watlington his motion for a TRO, Brady applied the four factors — likelihood of success on the merits, irreparable harm to the plaintiff, balance of harms between parties, and public interest.
Brady said he found that excluding a “lame” horse from racing fits within the scope of the Commission’s authority, noting Watlington did not prove a likelihood of success on the merits. He said Watlington’s pursuit of a race purse constitutes monetary damages, not irreparable harm. He said the Commission had enough evidence to justify concern for the safety of Guillaume, other horses, and racetrack personnel, and it acted within its discretion. Brady said the Commission only sought to exclude an “unfit” horse, which he noted is within public interest.
“The Commission is acting with integrity to prevent unfit horses from participating, so I can’t say that is an abuse of its discretion,” Brady said before denying the motion for a TRO.
