11/20/2014 11:47AM

Controversial newsletter publisher Musselman sues to have Churchill ban lifted

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Eddie Musselman, the publisher of the controversial newsletter “Indian Charlie,” has filed a lawsuit seeking a judgment that would keep Churchill Downs from enforcing a ban that denies him access to the grounds, according to court records.

The suit, filed Nov. 18 in U.S. District Court in Louisville, Ky., names both Churchill Downs and the Kentucky Horse Racing Commission as defendants, even though the ban is being solely enforced by Churchill under the track’s right to exclusion. Courts generally have upheld a track’s right to exclude any individual from its grounds as long as the ban is not based on protected criteria such as race or religion.

Musselman has been banned from Churchill since late June after getting into a fistfight with the trainer Dale Romans and his partner, Tammy Fox. Several months earlier, his newsletter was banned by many racetracks and sales companies after he wrote a racist item implying pets were not safe on backstretches of U.S. racetracks because Mexican workers would eat them.

In his suit, Musselman says the ban at Churchill has affected his newsletter’s business because he needs access to backstretches to collect information and distribute the sheet, which also is available on the Internet. The suit calls the ban by Churchill a violation of his right to due process.

Stu Brooks More than 1 year ago
http://nypost.com/2014/05/04/nyra-bans-indian-charlie-newsletter-from-grounds/ For the record, Indian Charlie newsletter and Musselman were sent curbside by NYRA back in May after Mexican comment edition.
Stu Brooks More than 1 year ago
I will be boycotting Churchill until they do the right thing. Plenty of other wagering opportunities. I'll wait to see the results of this case and hoping justice prevails. Churchill is the loser either way as I see it unfolding
Edward More than 1 year ago
No Bob, it is not. Gossip on a piece of paper folded down the middle. Holiday editions are around 4 pages front to back also.
Bob More than 1 year ago
So the question really is, "who is the Indian Charlie guy and is his so called newsletter actually "newsworthy?" It is a fact that in many Latin cultures dog meat and certainly goat meat is common bill of fare at the dinner table, so there is nothing inherently "racist" about the statement Musselman is alleged to have made in his newsletter as it is also a fact that the backstretches of virtually all U.S. racetracks are heavily populated with people from various Latin American countries. I think it is fair to suggest that Churchill Downs suffers from an extreme case of unwarranted hubris which has led to ownership and management having a much more grandiose view of themselves than is justified by the quality of their racing product, the physical plant or the industry insiders that call CD home!
Stu Brooks More than 1 year ago
Nice work Bob. Churchill out of line here. I stand with Musselman on this issue.
prose perfect More than 1 year ago
Is this the guy who Pegram and Baffert named the horse after? I knew he was a Churchill regular who they'd met at the track.
FESTUS ELROY More than 1 year ago
Actually a goat was reported missing from a stable at Churchill last year.So there might be some validity to his statement.
Stu Brooks More than 1 year ago
Some in business possibly deserving of trashing. Ever consider that ? Guy is not guilty of anything. Gig is based on satire and parody. Obviously Churchill simply doesnt get it. Game can use all the attention it can get. Like to see more of his material, but since when is bashing a crime. Anyone who was trashed suing for slander ? Bunch of panzy types cried to Mgt and ge gets the heave ho. I claim foul here
Edward More than 1 year ago
Why did who allow it to go on for 20 years? Maybe they just got tired of him abusing his right to free speech and press by offending those that are/were still active in the business. Curbside is a lock....
Stu Brooks More than 1 year ago
If Churchill is private property of course he can be banded. That doesnt make them right. Why did they allow it to go on for 20 years ? Total railroading job here
russell More than 1 year ago
I can't see this guy winning his case. Most courts rule that racetracks are private property and are allowed to ban bettors, trainers, vets, jocks, and owners. I'm not saying thats right but thats the precedent.