Barry v. Barchi

443 U.S. 55, 99 S. Ct. 2642, 61 L. Ed. 2d 365, 1979 U.S. LEXIS 137
CourtSupreme Court of the United States
DecidedJune 25, 1979
Docket77-803
StatusPublished
Cited by647 cases

This text of 443 U.S. 55 (Barry v. Barchi) is published on Counsel Stack Legal Research, covering Supreme Court of the United States primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Barry v. Barchi, 443 U.S. 55, 99 S. Ct. 2642, 61 L. Ed. 2d 365, 1979 U.S. LEXIS 137 (1979).

Opinions

Mr. Justice White

delivered the opinion of the Court.

The New York State Racing and Wagering Board (Board) is empowered to license horse trainers and others participating in harness horse-race meets in New York.1 The Board also issues regulations setting forth the standards of conduct that a horse trainer must satisfy to retain his license.2 Among [58]*58other things, the rules issued by the Board forbid the drugging of horses within 48 hours of a race and make trainers responsible for the condition and soundness of their horses before, during, and after a race.3 A trainer is forbidden to permit a horse in his custody to start a race “if he knows, or if by the exercise of reasonable care he might have known or have cause to believe” that a horse trained by him has been drugged.4 [59]*59Every trainer is required to “guard or cause to be guarded each horse trained by him in such manner ... as to prevent any person not employed by or connected with the owner or trainer from administering any drug . ...”5 And when a postrace test, which must be administered to horses finishing first, second, or third, reveals the presence of drugs, it is to be presumed — subject to rebuttal — that the drug “was either administered by the trainer or resulted from his negligence in failing to adequately protect against such occurrence.” 6

On June 22, 1976, Be Alert, a harness race horse trained by appellee, John Barchi, finished second in a race at Monticello Raceway. Two days later, Barchi was advised by the Board steward that a postrace urinalysis had revealed a drug in Be Alert’s system. Barchi proclaimed his innocence, and two lie-detector tests supported his lack of knowledge of the drugging. On July 8, relying on the trainer’s responsibility rules and the evidentiary presumption arising thereunder, the steward suspended Barchi for 15 days, commencing July 10.7 Under § 8022 of the New York Uncon[60]*60solidated Laws,8 a suspended licensee is entitled to a post-suspension hearing, but the section ordains that “[p]ending such hearing and final determination thereon, the action of [61]*61the [Board] in . . . suspending a license . . . shall remain in full force and effect.” The section specifies no time in which the hearing must be held, and it affords the Board as long as 30 days after the conclusion of the hearing in which to issue a final order adjudicating a case. Without resorting to the § 8022 procedures, Barchi filed this suit in the United States District Court.

Barchi alleged that his trainer’s license was protected by the Due Process Clause of the Fourteenth Amendment of the United States Constitution and that § 8022 was unconstitutional because it permitted his license to be suspended without a prior hearing to determine his culpability and because a summary suspension could not be stayed pending the administrative review provided by the statute. Barchi also challenged the rule permitting the Board to presume rebuttably from the drugging of a horse that its trainer was responsible. His claim was that “there is no rational connection between the fact proved, that the horse was illegally drugged, and the ultimate fact presumed that the trainer is guilty of the act or carelessly guarded against the act occurring,” App. 15a (complaint), it being impossible, Barchi alleged, for the trainer to guard the horse against all those who by stealth might gain [62]*62access to it. Barchi’s third claim was that, in prohibiting a stay of his suspension pending administrative review, § 8022 denied him equal protection of the laws, since in the context of' thoroughbred racing, in contrast to harness racing, suspensions can be stayed pending appeal.9

The District Court upheld the evidentiary presumption on its face, concluding: “[T]he duty of a trainer to oversee his horses is sufficiently connected to the occurrence of tampering to support the presumption established by the trainer’s ‘insurer’ rules. The state’s definition of trainer responsibility is reasonably related to the interests involved and, given the rebuttable nature of the 4120.5 presumption, the high standard of accountability is not unconstitutional.” Barchi v. Sarafan, 436 F. Supp. 775, 784 (SDNY 1977). The District Court went on to hold, however, that § 8022 of the New York law was unconstitutional under the Due Process Clause since it permitted the State “to irreparably sanction a harness race horse trainer without a pre-suspension or a prompt post-sus[63]*63pension hearing in violation of plaintiff’s right to due process.” App. to Juris. Statement 2a (order of judgment).10 The court further concluded that the difference between the procedures applicable to harness racing and those applicable to thoroughbred racing was so unwarranted as to violate the Equal Protection Clause of the Fourteenth Amendment.

We noted probable jurisdiction of the appeal. 435 U. S. 921 (1978). In this Court, the appellants adhere to their fundamental position that, as a constitutional matter, Barchi was entitled to no more process than was available to him under § 8022 either before or after the suspension was imposed and became effective. Barchi, on the other hand, continues to insist that his suspension could in no event become effective without a prior hearing to establish that his horse had been drugged and that he was culpable.

We agree with appellants that § 8022 does not affront the Due Process Clause by authorizing summary suspensions without a presuspension hearing, and we reject Barchi’s contrary contention. In disagreement with appellants, however, [64]*64we conclude that Barchi was not assured a sufficiently timely postsuspension hearing and that § 8022 was unconstitutionally applied in this respect.

It is conceded that, under New York law, Barchi’s license could have been suspended only upon a satisfactory showing that his horse had been drugged and that he , was at least negligent in failing to prevent the drugging. As a threshold matter, therefore, it is clear that Barchi had a property interest in his license sufficient to invoke the protection of the Due Process Clause.11 We do not agree with Barchi’s basic contention, however, that an evidentiary hearing was required prior to the effectuation of his suspension. Unquestionably, the magnitude of a trainer’s interest in avoiding suspension is substantial; but the State also has an important interest in assuring the integrity of the racing carried on under its auspices. In these circumstances, it seems to us that the State is entitled to impose an interim suspension, pending a prompt judicial or administrative hearing that would definitely determine the issues, whenever it has satisfactorily established probable cause to believe that a horse has been drugged and that a trainer has been at least negligent in connection with the drugging. Cf. Gerstein v. Pugh, 420 U. S. 103, 111-112 (1975); Mitchell v. W. T. Grant Co., 416 U. S. [65]*65600, 609 (1974); Bell v. Burson, 402 U. S. 635, 542 (1971).

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Cite This Page — Counsel Stack

Bluebook (online)
443 U.S. 55, 99 S. Ct. 2642, 61 L. Ed. 2d 365, 1979 U.S. LEXIS 137, Counsel Stack Legal Research, https://law.counselstack.com/opinion/barry-v-barchi-scotus-1979.