Boatright v. Kansas Racing Commission

834 P.2d 368, 251 Kan. 240, 1992 Kan. LEXIS 119
CourtSupreme Court of Kansas
DecidedMay 22, 1992
Docket67,050
StatusPublished
Cited by121 cases

This text of 834 P.2d 368 (Boatright v. Kansas Racing Commission) is published on Counsel Stack Legal Research, covering Supreme Court of Kansas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Boatright v. Kansas Racing Commission, 834 P.2d 368, 251 Kan. 240, 1992 Kan. LEXIS 119 (kan 1992).

Opinions

The opinion of the court was delivered by

Herd, J.:

This is an appeal from the district court’s judicial review of an administrative proceeding by the Kansas Racing Commission (Commission) to cancel the occupation racing licenses of William Don Boatright and Rodney L. Boatright. The Commission found the Boatrights used live lures to train racing greyhounds in violation of K.S.A. 1991 Supp. 74-8810(g) and cancelled their licenses. On appeal, the district court consolidated the two cases and reversed the Commission’s order. This appeal followed.

[242]*242The facts are undisputed. William Boatright is Rodney Boat-right’s father. They each own and operate separate greyhound training businesses in Sumner County. William’s racing kennel and training facility accommodate three to four hundred greyhounds. Rodney owns and operates a greyhound training farm. Both parties hold kennel owner occupation licenses issued by the Commission pursuant to K.S.A. 1991 Supp. 74-8816(a). Greyhounds owned by William compete at tracks in 10 states throughout the United States, including Wichita Greyhound Park and the Woodlands in Kansas City, Kansas.

Both parties use the same greyhound training procedure, which begins when the hounds are pups and continues until they arrive at the racetrack. The training starts with permitting the young greyhounds to chase live jackrabbits in a large field. Next, the greyhounds are allowed to chase live rabbits hooked to a mechanical arm which circulates around a small track called the “wheel.” In the final training phase, the greyhounds are taught to run on a “schooling” or “training” track. This phase also involves the use of a live rabbit on a mechanical arm. The rabbits are used until killed by the greyhounds. When training is completed the greyhounds are shipped to the various racetracks.

The Commission instituted separate administrative actions against the Boatrights, alleging they had violated K.S.A. 1991 Supp. 74-8810(g) by using live lures in training racing greyhounds. The Boatrights argued the statute did not apply to their operations because the young dogs they trained were not yet racing greyhounds. In its initial orders the Commission found the statute applied to the training of all racing greyhounds whether they were currently racing at a track or would be racing at some future time. Pursuant to K.S.A. 1991 Supp. 74-8816(f), the Commission revoked both their licenses and fined William $2,500 and Rodney $1,000. After reviewing its initial orders, the Commission adopted them as final orders.

Each party petitioned the Sedgwick County District Court for review of the Commission’s order. The cases were consolidated. The district court held K.S.A. 1991 Supp. 74-8810(g) applies only to greyhounds (1) registered with the National Greyhound Association; (2) at least 15 months of age at the time of training; and (3) registered at a racing greyhound track.

[243]*243None of the Boatright dogs met the court’s definition of racing greyhounds. It thus reversed the orders of the Commission.

The district court also held in the alternative that the term racing greyhound is unconstitutionally vague under both the criminal and business standard of review and, therefore, does not apprise a reasonably prudent person of the act prohibited. This appeal followed.

The first issue for our consideration on appeal is whether K.S.A. 1991 Supp. 74-8810(g) is unconstitutionally vague. The statute provides: “It is a class B misdemeanor for any person to use any animal or fowl in the training or racing of racing greyhounds.”

It is axiomatic that a statute is presumed constitutional and all doubts must be resolved in favor of its validity. If there is any reasonable way to construe a statute as constitutionally valid, the court must do so. A statute must clearly violate the constitution before it may be struck down. Guardian Title Co. v. Bell, 248 Kan. 146, 149, 805 P.2d 33 (1991).

There are two standards for determining whether a statute is unconstitutionally vague. The criminal standard requires a determination of whether the statute’s

“language conveys a sufficiently definite warning as to the conduct proscribed when measured by common understanding and practice. A statute which either requires or forbids the doing of an act in terms so vague that persons of common intelligence must necessarily guess at its meaning and differ as to its application is violative of due process.” Hearn v. City of Overland Park, 244 Kan. 638, 642, 772 P.2d 758, cert. denied 493 U.S. 976 (1989).

Statutes regulating business are aiforded greater leeway than criminal statutes. We have stated:

“A common-sense determination of fairness is the standard for determining whether a statute regulating business is unconstitutional for vagueness, i.e., can an ordinary person exercising common sense understand and comply with the statute? If so, the statute is constitutional.” Guardian Title Co. v. Bell, 248 Kan. at 150 (citing Harris v. McRae, 448 U.S. 297, 311 n.17, 65 L. Ed. 2d 784, 100 S. Ct. 2671, reh. denied 448 U.S. 917 [1980]).

The Commission argues the business standard should apply here because K.S.A. 1991 Supp. 74-8810(g) regulates business and this case comes to us from an administrative proceeding, rather than a criminal action. For support the Commission cites Feliciano v. Illinois Racing Board, 110 Ill. App. 3d 997, 443 [244]*244N.E.2d 261 (1982). In Feliciano, a jockey licensed by the Illinois Racing Board (Board) allegedly possessed an electrical device designed to stimulate a race horse. Possession of this type of device is both an administrative violation and a crime under Illinois law. The Board applied the civil standard of preponderance of the evidence to determine the jockey had committed an administrative violation of the Illinois Racing Act. 110 Ill. App. 3d at 998-1000.

The jockey appealed, claiming the Board erred by not using the criminal standard of proof because the alleged conduct could subject him to both civil and criminal penalties. The court determined the civil standard was proper because the Board was limited to penalizing the economic interests of the jockey by suspending his racing license and did not have authority to issue criminal penalties against the jockey. 110 Ill. App. 3d at 1000-03.

Feliciano, does not involve the issue of whether a statute is unconstitutionally vague.

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Cite This Page — Counsel Stack

Bluebook (online)
834 P.2d 368, 251 Kan. 240, 1992 Kan. LEXIS 119, Counsel Stack Legal Research, https://law.counselstack.com/opinion/boatright-v-kansas-racing-commission-kan-1992.