http://www.azcentral.com/news/articles/1115racingpermit1115.html

Turf Paradise owner criticized
Agency discourages new racing license for firm

Mary Jo Pitzl
The Arizona Republic
Nov. 15, 2006 12:00 AM

Turf Paradise owner Jerry Simms is an "undesirable" and his company's
bid for a renewed racing license should be rejected, the Arizona
Department of Racing said.

But the renewal issue rests with the state Racing Commission, which
meets today at 9 a.m. at 800 W. Washington St. in Phoenix to decide
the matter.

A 35-page report from Geoffrey Gonsher, director of the Racing
Department, outlines eight reasons why Simms' application should be
denied, including "a personal relationship with the Racing Commission
chairman that creates an impression of impropriety."

The critical report rehashes many of the controversies that have
dogged Simms since he and TP Racing LLLP took over ownership of the
northwest Phoenix horse track in 2000.

Gerald "Buzz" Alston, Simms' attorney, called the report thin and
noted there have not been any citations against Simms or the track's
license over the past six years.

"What (Director Gonsher) is really bellyaching about are things that
we don't have to do," Alston said.

For example, the Racing Department has been insisting that Turf
Paradise's owners need to pave a back parking lot.

"The horsemen don't want that, nor does the track," he said.

But Gonsher's report goes beyond complaints about unpaved lots and
says the renewal should be denied based on Simms' "inappropriate and
corrupt personal and business history," his disregard for the state
agency's regulatory authority, and failure to "act responsibly"
during his current permit term.

Gonsher's report also recommends that the five commissioners require
that Simms be immediately removed from activities related to the
racetrack; that he divest himself of all interest in the track; and
that he establish a trust account to cover costs so the track can
keep operating.

The report notes a friendship between Simms and commission Chairman
Burton Kruglick. While there is no indication that Simms has tried to
influence Kruglick, the director's report said that out of "an
abundance of caution," it was important to note the personal relationship.

Three years ago, the Racing Department recommended non-renewal, but
the commission, on a 3-2 vote, approved the permit. The
recommendation was based on events in California during the 1980s.
They included Simms' dealings with former state Sen. Alan Robbins and
former California Coastal Commissioner Mark Nathanson.

Both officials have since been convicted on political-corruption
charges, including events that involved Simms. He was not charged.

Kruglick was one of the three commissioners who rejected Gonsher's
report at the time and recommended permit renewal.

Gonsher cited a report issued earlier this year by the state
Department of Gaming that concluded that Simms had a "troubling
pattern" of trying to take advantage of his relationships and
financial dealings with government authorities.