Horse-related businesses, jobs, a racetrack…horsemen rallied at Blue Ribbon Downs in Sallisaw on Sunday to save all three.

Horsemen and others met at 10:30 a.m. Sunday at Blue Ribbon Downs Chapel to discuss the closing of the 50-year-old track, and options available to keep it open. The Choctaw Nation, which operated the racetrack under the name Backstretch LLC, announced last month that the track’s last race will be Nov. 28, the last date of the track’s fall race meet.

State Rep. Glen “Bud” Smithson attended the meeting and told the horsemen he would work on keeping the racetrack open and would contact the governor and every state representative and senator between Sallisaw and Oklahoma City to gain support to keep the racetrack operating.

Tony Venters, a Sallisaw real estate agent, told the horsemen he had shown the racetrack to at least three prospective buyers, but the Choctaw Nation backed out of contract negotiations with one set of buyers three weeks ago, and refused to speak to two other prospective buyers since then.

The Choctaw Nation was negotiating to sell the track to Mary and R.W. Kirby of Sallisaw and Ronald Bowen of Tontitown, Ark., throughout the summer. But the tribe announced about three weeks ago that they “planned to go in another direction,” Venters said, and broke off negotiations.

The Choctaw Nation then announced they are going to close the track and racino permanently on Nov. 28, without informing prospective buyers.

Judy Allen, Choctaw Nation spokeswoman, said Monday, “The track is for sale, and the Choctaw Nation is still accepting offers. We have received some offers and they are considering those offers.”

Allen said offers to buy the track have to be submitted to the Choctaw Nation’s business committee.

Allen said those who made the offers and the amount of money offered for the racetrack could not be revealed due to confidentiality, which is standard procedure in the sale of any privately owned property.

The Choctaw Nation bought the racetrack in 2003 for a reported $4.25 million the day before it was to be auctioned on the courthouse steps. At that time the Cherokee Nation had declared its interest in Blue Ribbon Downs, and was expected to bid on the track when it went up for auction, due to bankruptcy, the next day. Thwarted in Sallisaw, the Cherokee Nation purchased Will Rogers Downs in Claremore where they also opened a racino.

Between 150 and 175 horsemen crowded into the small church at Blue Ribbon Downs on Sunday to discuss keeping the track open.

The Choctaw Nation ’s intent to close the racetrack and not ask for any race dates is on the Oklahoma Horse Racing Commission’s agenda at their regular meeting Thursday. Also on the agenda is a request from Debbie Schauf, Oklahoma Quarter Horse Racing Association (OQHRA) executive director, to add races and race dates to Will Rogers Downs’ race meets.

The agenda notes, “The requests are made in light of Blue Ribbon Downs’ closing and the desire of the Quarter Horse industry to accommodate important stakes races. The Quarter Horse industry also offers to partner with Will Rogers Downs in sharing some of the expenses of the added race days and races.”

Before the Choctaw Nation announced the closing of Blue Ribbon Downs, the Cherokee Nation asked the OHRC for a 40-day race meet. The new request asks for a 32-day Thoroughbred race meet, from March 6 through May 15, and a 28-day race meet, from Sept. 23 through Nov. 7, traditionally Blue Ribbon Downs’ fall race meet days, for Quarter Horses, Appaloosas and Paints. Schauf, on behalf of the OQHRA, asks that three races per day, two for Quarter Horses and one for Paints and Appaloosas, be added to the 32-Thoroughbred spring meet and that Nov. 13, 14, 20, 21 and 27 be added to Will Rogers Downs’ fall meet.

Negotiations History

Venters explained to the horsemen at Sunday’s meeting how he became involved in negotiations to sell the track, and how the Choctaw Nation appeared to back out of a sale.

He said the Choctaw Nation told him in December 2007 that the racetrack was for sale for $10 million.

In December of 2008 he took an offer of $4.6 million to the Choctaw Nation.

“But there were issues on both sides that had to be resolved,” Venters said.

In the meantime, Venters said he made up a prospective and sent them out to all interested parties. Venters said he had prospective buyers not only from Arkansas and Sallisaw, but also from California, Florida and Alabama.

“We believed that Ronnie Bowen’s deal was going to go through, so I didn’t write up any backup offers,” Venters said.

On Nov. 6, five horsemen from California flew in to look at and possibly talk to the Choctaws about buying Blue Ribbon Downs. Venters said that although he tried contacting Bob Rabon, Choctaw attorney, Gary Batton, the Choctaw assistant chief, and Matt Gregory of the Choctaw Nation business committee, none returned his telephone calls or e-mails about the prospective buyers from California.

“They asked me, ‘If we wanted to buy this track, can we?’ I told them I didn’t know,” Venters reported. “They don’t want to sell it, it seems.”

Venters pointed out that although the Choctaws have promised to pay their 145 employees at the track through December, have promised to give them their Christmas bonuses and have offered them jobs in the new Choctaw Nation casino in Durant, that does not help the 1,000 to 1,500 area residents who have jobs with trainers at the racetrack, or who work in the area businesses which support the track, such as convenience stores, motels, and feed stores, and the veterinarians in the area who specialize in equine medicine.

In a prepared statement issued Tuesday, Venters wrote, “For the past three weeks I have simply been told, by the Choctaw Nation executive director of commerce (Matt Gregory) that he could not discuss the racetrack at all and it has not been discussed since that time. In the past few weeks I have had two other interested parties in town to view the track to find out if they were interested in trying to purchase and to my knowledge no one from the nation has talked to them or myself at all. I informed the nation by telephone and e-mail that these people were coming and on what date, and neither my phone calls or e-mails were responded to that I am aware of.

“As of today I know no more than I did some three weeks ago. I don’t know if it (racetrack) is still for sale or not and I don’t know what else to do to find out, that has not already been done,” Venters concluded.

Venters said he did not have an exclusive contract with the Choctaw Nation to sell the racetrack, and the tribe could enter into negotiations with others without his knowledge.

Choctaw Response

The Choctaw Nation said last year that Blue Ribbon Downs was for sale and announced Oct. 26 the track would close and not reopen.

At that time Allen said in a prepared press release, “Despite its best efforts to upgrade Blue Ribbon Downs and continue horse racing there, the Choctaw Nation has decided to close the track when the current season ends.

“The sport of horse racing is struggling nationwide,” Allen said. “We did our best and invested a lot of money to improve the local racing experience, but there just was not enough patron support to continue to operate the track.”

Allen said Monday she did not know about the horsemen’s meeting Sunday, but, after checking with Choctaw officials, said, “The racetrack is for sale.”

Citing confidentiality, Allen said she could not say who the tribe was negotiating with about a sale or for how much money, which is normal procedure.

“I’m not at liberty to say anything about a sale,” she said, “but the racetrack is still for sale.

“We have an agreement not to reveal the negotiations.”

Tuesday, Allen reported that the tribe’s general counsel, Bob Rabon, said it could be made public that an offer by a partnership known as Furlong Perfecta LLC had submitted an offer for to purchase the race track, but in a letter dated Sept. 14 they withdrew that offer.

According to records obtained from the Oklahoma Secretary of State, the articles of organization of Furlong Perfecta LLC were signed by Robert W. Kirby and witnessed by Benita Bowen, who is identified as the authorized manager. The articles of organization were filed with the state April 22 by attorney William R. Mayo of Mayo Law Offices in Tulsa.

An informed source said Furlong Perfecta LLC withdrew the offer because the partnership did not wish to buy Backstretch LLC, but instead wanted to buy the property and assets only, and did submit another offer to the Choctaw Nation.

Allen said inquires about Blue Ribbon Downs and offers to buy the racetrack must be submitted to the Choctaw Nation Business Committee at P.0. Box 1210, Durant, Okla. 74702.

About the Choctaw Nation abandoning the track, Allen said, “I can’t imagine it just sitting there.”

Allen said that, because of the confidentiality agreement, she could not confirm if the Choctaws were in negotiations with the Cherokee Nation for the racetrack.

Contacted last month, Mike Miller, Cherokee Nation spokesman, said he was not aware of any negotiations between the Cherokees and Choctaws for Blue Ribbon Downs. He added he did not know what the Cherokee Nation property committee might be doing about property purchases.

Allen said anyone who loses their job because of the racetrack’s closure should take advantage of career development training at Carl Albert State College in Poteau and Sallisaw or at the Indian Capital Technology Center in Sallisaw. If they are Choctaw, she added, the Choctaw Nation will pay for the training.

OHRC Comments

Constantin Reiger, OHRC executive director, said last month that if Backstretch LLC does close the racetrack on Nov. 28, without a sale and requesting no race dates or gaming license for 2010, then the racetrack and any prospective buyers will lose those race dates and license.

If the racetrack is sold after Nov. 28, the new owners will “have to start from scratch,” Reiger said, to obtain racing and gaming licenses, which is a long and complicated process.

“The commission will look at the buyer’s financial stability, their business plan, the quality of the application, the background, their suitability,” and other issues, Reiger said. “It requires a great deal of time.”

That time has been estimated to be at least one to two years.

Horsemen’s Questions

The horsemen who depend upon Blue Ribbon Downs to train and race their horses conceded that the Choctaw Nation and Backstretch LLC own the racetrack and can sell it, close it, or do nothing at all with it.

But they pointed out they have invested millions of dollars in training facilities in the county and in race horses, and want to keep the racetrack operating.

Mary Kirby, one of those involved in the earlier attempt to buy the racetrack, said the Choctaw Nation has returned $25,000 of her partnership’ original earnest money, but still holds on to $25,000 of the $50,000 total earnest money.

“All we are hearing is rumors and stories. I think we need the help of Bud (Smithson),” Kirby said.

Don Drake, one of the top trainers of Quarter Horses in the nation who is now retired, suggested the horsemen approach the OHRC.

“The OHRC has the final say,” he said. “They can do anything they want to. The racing commission is a big, big deal.”

Reiger, who was preparing for Thursday’s OHRC meeting, did not return phone calls from Your TIMES.

Smithson told the horsemen, “I will work on this during the coming week. I will call all my friends and see what we can do.”

Kirby said, “I really want to know what the OHRC thinks — about them (Choctaws) not following up on this sale.”

Ron Yates of Western Properties in Fort Smith, Ark., who had a handicapping column in area newspapers for over 20 years, agreed to be the spokesman for the group. He can be reached at (479) 484-0074 or by e-mail at rmy1@sbcglobal.net.

“The horsemen are going to have to band together to get anything done,” Yates said.

Sherry Gilmore of Gilmore Stables north of Sallisaw said she and her husband Terry have about 100 horses — 68 in training by themselves or boarding trainers, and about 40 turned out, primarily broodmares.

“This is our community,” Gilmore said, “and we are going to stand up and be heard. This is going to be devastating to this community if the racetrack closes. We probably go through a semi-truck load of hay every week ourselves. Think about the people who grow the hay, the feed stores, the veterinarians, the restaurants.

“This is something that everybody needs to understand,” Gilmore said. The closing of Blue Ribbon Downs “will have a massive impact on this community.