Sterling Suffolk v. Burrillville Racing, 1st Cir. (1993)
Sterling Suffolk v. Burrillville Racing, 1st Cir. (1993)
Sterling Suffolk v. Burrillville Racing, 1st Cir. (1993)
March 25, 1993 [SYSTEMS NOTE: For version of this opinion with
the appendix included, please contact the Clerk's Office, United
States Court of Appeals for the First Circuit. This version of
the opinion DOES NOT contain the appendix.]
UNITED STATES COURT OF APPEALS
FOR THE FIRST CIRCUIT
_________________________
No. 92-2260
STERLING SUFFOLK RACECOURSE LIMITED PARTNERSHIP,
Plaintiff, Appellant,
v.
BURRILLVILLE RACING ASSOCIATION, INC.,
Defendant, Appellee.
_________________________
APPEAL FROM THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF RHODE ISLAND
[Hon. Ronald R. Lagueux, U.S. District Judge]
___________________
_________________________
Before
Selya, Cyr and Stahl, Circuit Judges.
______________
_______________________
_________________________
impression at
First,
two
we
Act (IHA), 15
U.S.C.
the appendix,
favor of
contains
an implied
racetracks situated
within sixty
Second,
we
private right
miles
set out in
of action
of a
in
display
must
determine
whether
certain
alleged
1991).
(RICO), 18 U.S.C.
Believing, as we do,
1961-1968 (1988
& Supp.
appellant
relevant facts
Sterling
Suffolk
are
not in
dispute.
Plaintiff-
Racecourse
Limited
Partnership
Rhode
Island,
defendant-appellee Burrillville
a greyhound track
off-track betting
Racing
(Lincoln
15
wagers, see
___
Lincoln
and an
15 U.S.C.
3002(3).
and, employing
This
means, in short,
to be run
that
at distant tracks
linkages, effectively
places
circuit
television transmission
to witness it.
When a race is
enables
Lincoln's
3004(a) prohibits
(1)
the track which conducts the live race; (2) the racing commission
race
occurs;
and
(3)
the
The host
consent
of
horses
running
commission
in
association
the
See id.
___ ___
live
having
the trade
acquiescence.2
racing
representing
race
the owners
before
obtain the
signalling
of
its
consent of these
separate subsection
of
the IHA
also requires
OTB
currently operating
track in
"the closest
State," 15
U.S.C.
off-track wagers.
It is
____________________
1In the parlance of the IHA, these three entities are called
the "host racing association," "host racing commission," and
"off-track racing commission," respectively.
See 15 U.S.C.
___
3002(9)-(11).
We refer the reader to the statutory appendix for
more precise definitions of each term.
2The trade association
See 15 U.S.C.
3002(12).
___
is
called the
"horsemen's group."
no
secret
that Lincoln
regularly
violates
this provision
by
sued Lincoln in the United States District Court for the District
of
Rhode Island.
accepting wagers
advanced
two
It
sought to
on races run
curtail Lincoln's
practice of
at out-of-state tracks.
theories, asseverating
that
Suffolk
Lincoln's activities
under federal
gambling laws,
see, e.g.,
___ ____
18 U.S.C.
See
___
18 U.S.C.
1961(1), 1962(a).
The district
court
rejected
It
standing
to
the
acceptance
blessing
assert a
of
interstate
was not
fashioned.
claim under
the
off-track
stuff from
wagers
which
that Lincoln's
without
a RICO
Suffolk's
suit
could be
Hence, the
injunctive
relief
judgment.
II.
II.
district court
and
Id. at 673.
___
granted
denied Suffolk's
Lincoln's
motion
prayer for
for
summary
devote
leading question in
our
initial
the case:
explicatory
Does the
efforts
to
the
office,
an
implied
right
of
action
for
injunctive
relief?
See,
___
e.g., Liberty Mutual Ins. Co. v. Commercial Union Ins. Co., 978
____ ________________________
__________________________
F.2d 750, 757 (1st Cir. 1992).
In
determining whether
a private
cause of
action is
U.S.
congressional intent
can be
statute,
the
does
not
(citation
presumption
adequate
will
evidence of
discern
this
or
intent,
the language
some
the
employ
the
1992)
action
plaintiff
customary
U.S. 174,
often have
rights of action.
Thompson v.
________
salience in
proffers
intent.").
which
the
marks
statutory
of the
quotation
contrary congressional
courts
remedy simply
implied rights of
unless
other source,
internal
endure
("Unless .
of a private
and
presumption against
that
(1989)
inferred from
for implication
exist.")
("There is a
527, 532-33
statutory structure,
essential predicate
must be on
tools
To
of
Thompson, 484
________
442 U.S.
three questions
connection with
implied
the class for whose especial benefit the legislation was enacted?
(2) Is
of the
legislative
traditionally
scheme?
(3)
Is the
cause of
action
one
179;
Cort v.
____
Ash, 422
___
U.S.
66, 78
Chelsea v. Secretary of HUD, 799 F.2d 774, 792 (1st Cir. 1986).4
_______
________________
Here,
expertly.
astute.
the
district
court
followed
identical
result.
e.g.,
____
roadmap
Its opinion is
It builds
See,
___
this
v.
We
Although we concur in
_____
line
assessment
that the
IHA does
the
not
give 60-mile
tracks a
the cause of
gambling
facility,
matter
traditionally
____________________
4To
relegated to state
remarking
law
we
think it is
a point of disagreement.
advisable to begin
by
confer a
private right
of action,
see
___
infra, nevertheless
_____
Realist, Inc., 933 F.2d 1056, 1061-62 (1st Cir. 1991) (discussing
_____________
"especial benefit" test).
the
of a
of persons.
that a particular
consumers
while
(discussing
groups).
a statute
The inquiry,
mere
Club,
F.2d 209,
212 (1st
indicates
a tangential
benefit.
of
the
same
705 (1st
a motivating
Cir.
statute primarily
especially benefitted
congressional expression
approval of,
v.
statute sufficiently
purpose to benefit
different section
553 F.2d
that
at
section of a
the
be aimed
1977)
two separate
language in
congressional
knowledge
See
___
Cir.
anent, or
California v.
__________
passive
Sierra
______
____
441
______
U.S. 677, 690-94 (1979).
_____________________
Properly conducted,
this type of
investigation weeds
interest and
people.
a general public
See,
___
e.g., Cannon,
____ ______
441 U.S. at
for particular
690; Arroyo-Torres
_____________
v.
Ponce Fed. Bank, 918 F.2d 276, 278 (1st Cir. 1990).
_______________
IHA,
When
we shine the
light of this
we think
that 60-mile
criterion.
Section 3004(b)(1)(A)
procure
approval of
the
all
evinces
interests of
redounding to
60-mile
intent
benefit.
See,
___
No more is exigible.
The
to
OTB office
to
accepting
safeguard
must be
the
viewed as
legislative history
e.g., S. Rep.
____
an
tracks before
and, therefore,
their especial
"especial benefit"
congressional
60-mile tracks
requires
understanding on the
No. 1117,
95th
U.S. at 690-94
most
language
dim
congressional
counterpoint
intent
and
to
the
intricately
structure.
benefit element is
bold-faced
interwoven
Therefore,
does not
evidence
into
the
the
district
of
IHA's
court's
We
legislative intent.
statutory
turn
It is
now
indicators
of
of
interpretation, the
to
the
language
other
of the
statute
enjoys
preeminence.
notwithstanding
the especial
statute
speak
strongly
benefit
against
point, the
implying a
at 568.
Here,
words of
private
right
the
of
action.
We explain briefly.
prescribed
anodynes.
To
the
exact
contrary,
court
provided
precisely the
redress
it
considered
533 (collecting
and outlining
the
damages
identifies as
potential recipients
same parties.
See 15 U.S.C.
___
employs a damage
3006
they
liability of
must pay,
of damage awards
3005.
The IHA
the
IHA
only these
id., that is
___
totally
It strains credulity
same
direction.
The
statute
10
provides
that
point in
venue
is
or
the
It
display track
further
is located.
provides that
See
___
15 U.S.C.
jurisdiction is
3007(b).
appropriate only
In particular
contexts, a statute's
So it is here:
the absence of
in the
See 15 U.S.C.
___
silence can be
on the location of an
aggrieved 60-
of the statute
from saying
what the
there is
no sure
The structure
of a
110
S. Ct.
997, 1001
the
can also
See Crandon v.
___ _______
be of
United
______
cert. denied,
_____ ______
(1990);
statute
approbation of
horsemen's
group, host
racing
association,
commission
requiring
host
is
racing
set
commission,
conspicuously
and
apart
off-track
from
the
racing
provision
Compare 15 U.S.C.
_______
The language of
3004(b).
the
____________________
conclusion that
meaning.
these structural
differences are
pregnant with
former provision as
an absolute
3004(a)
off-track
off-track
betting system
wager
obtained
See 15 U.S.C.
___
obtain
a directive to
if
__
be
by
only
____
may
accepted
the
an
(an "interstate
a private party.
within a 60-mile
consent is
office shall
radius]").
As
the
Court
has indicated,
statutory provision
phrased
as a
command to specific people, like the one upon which Suffolk rests
its
hopes,
action
is unlikely
because
to breed
such language
an
implied private
usually
evinces a
concern with
providing
remedy
to
the
putative
right of
congressional
victim.
See,
___
e.g.,
____
Universities Research Ass'n v. Coutu, 450 U.S. 754, 772-73 & n.23
___________________________
_____
(1981); Cannon, 441 U.S. at 690-93.
______
Fourth:
Fourth:
______
than the
every
section of
provisions,
provide
In this
the
IHA, and
strongly suggest
disapproving
the
that
The language
structure of
Congress did
the
of almost
pivotal
not intend
to
private right
of
an
with
statute itself,
excerpts
the
60-mile tracks
parts.
no less
from the
we find
Suffolk's reliance
legislative history
12
to
on fragmentary
be little
more than
grains
of desert
legislative
sand in
history
must yield to a
statute's text.
the teeth
46.07
haboob.
Even clear
derivable from a
of a
U.S. 495,
501
(1988); see
___
also 2A
____
(5th ed.
1992) (concluding
that courts,
v.
46.04,
when construing
right
We
of
provisions dealing
upon a finding
this
point
action
with
the
statute.
647
F.2d at 212.
or
That Congress
Nor
the
an
statutory
Appellant's
reliance
purposely
that denying
nugatory
60-mile tracks.
on entities
that
will render
is misplaced.
goal.
appellant's plea
confer a benefit
action
reject
sought to
not imply
that
private right of
"[t]he fact
the
intended that it
be
enforced
through private
litigation"); accord
______
Daily Income
____________
Fund, Inc. v. Fox, 464 U.S. 523, 540-41 (1984); Transamerica, 444
__________
___
____________
U.S. at 24.
13
By making
operating without
other
parties with
potential
defense should
(suggesting
grounds
would
that
767 F.
Supp. 1573,
withholding of
on
display tracks
Daily
to comply with
restraint
reasonable
defense
tracks
actionable
consent
Fla.
an
1579-80 (M.D.
trade).
the
be
Cf., e.g.,
___ ____
of
benefits
not
they
by furnishing
an
the requirement.6
incentive
for
See generally
___ _________
__________________
the
statutory
objective to
giving
other parties
tracks
and
state and,
Where
the
benefit a
right to
60-mile tracks
sue).
occurs, the
IHA has
may be
served by
Similarly,
are frequently
that
class
display
located in
the same
the
effect of
permitting the
have
commission
against
this
home
may
well
field
be
a display track
advantage,
persuaded to
which, like
the
take
off-track
racing
regulatory
action
Lincoln, scorns
a federal
____________________
mandate.
Cf.,
___
v. FCC,
___
453
U.S. 367,
373-75
does not
no private
right of
action
disregard of
federal
law or
render
the approval
tracks.
from
requirement
It merely ensures
market-area
tracks
that
were we to
Suffolk
will
and, in
the
power over
bargain,
occur in
the
we
a green light
context
of action along
would
hand
the operation
tilt
60-mile
Congress
infer a right
delineates,
important veto
to the
without worth
60-mile
tracks
of nearby
the delicate
the lines
an
OTB offices
balance
Congress
so
painstakingly constructed.
We
will not
belabor
the point.
In the
long
run,
Congress may well have thought that the indirect benefits flowing
from a right of approval that
gnaw at
will.
See generally
___ _________
Jerry L.
Mashaw, Textualism,
___________
&
Mary L.
private rights
Rev. 827,
of
action
842
(1991) (suggesting
can
eclipse the
that implied
important
role
of
(warning that
personality which
may
shift
the
courts, in
venturing
Congress has
balance
15
of
to alter
chosen to
entitlements
the
embody in
and
sire
overdeterrence).
III.
III.
whether
turn
next,
appellant, on
albeit
these
briefly, to
facts, framed
the
question
a cognizable
of
claim
federal gambling
statute.
Supp.
at 669-70.
result:
laws and,
We think
therefore, violates
not agree.
the lower
See
___
the RICO
Sterling, 802 F.
________
court reached
the right
without
Suffolk's consent does not constitute a crime which can carry the
weight of a RICO complaint.7
racketeering activity."
"racketeering
Included
activity"
wire
facility
commerce of
. .
18 U.S.C.
is
defined
1962(a).
in 18
The
U.S.C.
term
1961(1).
for the
"transmission
in
interstate
. .
on any sporting
event."
18
U.S.C.
1084(a).
Conceding,
withal,
that
wagering
of
the
sort
transacted
at
Lincoln's
But,
section
1084(a)
carves
out
specific
exception
on a sporting event is
receiving state.
for
legal in
See 18 U.S.C.
___
the IHA to
one side,
appellant has
no case.
off-track
legalize such
betting
in
venues where
states
activity (thereby
reserving to
individual states
Sess.
(1961),
reprinted
_________
in
__
1961
chose
could occur
U.S.C.C.A.N.
to
1st
2631, 2632-33.
does not
of in this
to
suit constitute
purely
indicates that
civil
IHA makes
a dispositive
and
remedies
possibility
of governmental
criminal penalties.
with
action[s]."
consequences.
enforcement
dealing
that the
available evidence
have
tells us
See
___
sections
instance,
specifically
involvement and/or
15 U.S.C.
jurisdiction
15 U.S.C.
For
and
3007.
refers
IHA to
the
IHA's
exclude
the specter
3005, 3006.
venue
All
The
only
The legislative
the
of
section
to
"civil
history teaches
the
IHA; and
interstate
wager other
than
"[a]ny person
in conformity
State,
the host
racing
association,
with
accepting an
the act
will
applicable
horsemen's group."
(emphasis
Sess.
S.
at 4146
3 (1978)
Suffolk's
(same).
argument
In the
that
the
face
IHA
of this
serves
as
imposing array,
a
fulcrum
to
we think
it clear that
Congress, in
intend to criminalize
acts that
neither the
in
nature.
perhaps
pattern of
parameters.
racketeering activity
Hence,
the
It follows that
court below
within RICO's
definitional
properly granted
summary
AT THE WIRE
AT THE WIRE
We
need
go no
further.
Simply stated,
Congress's
action in appellant's
appellant's
complaint
favor.
likewise
Affirmed.
Affirmed.
________
Because this is
fails
to
so, and
limn
because
cognizable
of a
19