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IN THE SUPREME COURT OF IOWA
No. 11 / 04-0758 Filed May 5, 2006 BRIAN GREEN, JERRY VAUGHAN, TAD LEGGETT, and RODGER SMITH, Appellants, vs. RACING ASSOCIATION OF CENTRAL IOWA, d/b/a PRAIRIE MEADOWS RACETRACK & CASINO, Appellee. ________________________________________________________________________ Appeal from the Iowa District Court for Polk County, Carla T. Schemmel, Judge.

Appeal from a district court judgment granting summary judgment to defendant on due-process and tortious-interference-with-contract claims. AFFIRMED.

Rick L. Olson, Des Moines, for appellants.

Thomas W. Foley and Debra L. Hulett of Nyemaster, Goode, West, Hansell & O'Brien, P.C., Des Moines, for appellee.

2 CADY, Justice. Four jockeys sued the Racing Association of Central Iowa, d/b/a Prairie Meadows (hereinafter RACI), alleging a violation of their due process rights and interference with their existing and prospective contracts when RACI excluded the jockeys from Prairie Meadows Racetrack & Casino. The district court granted RACI's motion for

summary judgment, finding RACI was not a state actor, and that the jockeys' claim of tortious interference was insufficient as a matter of law. We affirm. I. Background Facts and Proceedings

This case arose from allegations by a RACI employee, Ray Famous, 1 that four jockeys, Brian Green, Jerry Vaughn, Tad Leggett, and Rodger Smith, racially harassed him on August 6, 2002 at Prairie Meadows. The exact nature of the allegations does not affect this appeal, but they involved extremely offensive and threatening conduct. After

Famous reported the incident to RACI human resources personnel, RACI notified the jockeys that they were "denied entrance and access to the facility of Prairie Meadows pending the outcome of a stewards hearing on the incident." 2 Furthermore, they were informed if they attempted to

enter Prairie Meadows, they would be deemed trespassers and would be subject to arrest or citation.
1Famous

The Board of Stewards conducted an

was the jockey room custodian, a racing official under Iowa Administrative Code rule 491--10.4(11) (2001). are "racing official[s] appointed or approved by the [Racing and Gaming C]ommission to perform the supervisory and regulatory duties relating to parimutuel racing." Iowa Admin. Code r. 491--4.2(17A). The stewards are responsible for "monitor[ing], supervis[ing], and regulat[ing] the activities of occupational and parimutuel racetrack licensees," including investigating possible violations of racing and gaming rules by licensees. Id. r. 491--4.6(2). The jockeys are licensees. See id. r. 491--6.2(1) ("All persons participating in any capacity at a racing or gaming facility, with the exception of certified law enforcement officers while they are working for the facility as uniformed officers, are required to be properly licensed by the commission.").
2Stewards

3 investigation into the claim of misconduct. It interviewed Famous, the jockeys, and other witnesses. On August 19, the Board concluded "the investigation did not reveal evidence of a rule violation committed by an IRGC licensee." Immediately following the Board decision, RACI gave the jockeys notice that they were denied entrance or access to Prairie Meadows "pending an independent investigation by Prairie Meadows of alleged harassment." RACI completed its investigation of the alleged incident on August 20. RACI concluded Jerry Vaughn would be allowed to re-enter Prairie Meadows with no further action taken. It decided Tad Leggett could reenter if he apologized to Famous. However, Rodger Smith was banned from Prairie Meadows for the remainder of the season and could not return for the 2003 season unless he completed a diversity class. RACI permanently banned Brian Green from Prairie Meadows. The different actions were taken based on the different roles of the jockeys in the incident as determined by the investigation. The jockeys filed a petition against RACI asserting a claim of intentional interference with contractual relations. On August 30, 2002, they amended their petition to add a claim that RACI violated their due process rights under the Iowa and United States Constitutions. 3
3Presumably, the action was meant to be brought under 42 U.S.C.

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