The Foxfield Racing Association's annual steeplechase races are currently in jeopardy, following charges by the Virginia Department of Alcoholic Beverage Control that the association violated the terms of its liquor license.
According to a press release last month, the ABC held yesterday's formal hearing "to determine if any disciplinary action (revocation, suspension, and/or fine) should be taken" against Foxfield.
Due to time constraints, the hearing at the Jefferson Madison Regional Library could not be completed and many of the subpoenaed witnesses were unable to testify yesterday.
"The hearing will have to reconvene at a later time," said Clara Williamson, hearing officer for the ABC board who ultimately will rule on the proceedings.
James Schliessmann from the state Attorney General's Office, who is representing the Bureau of Law Enforcement Operations, said he hopes the hearing can be concluded as soon as possible.
But Foxfield's lead attorney, J. Benjamin Dick, would prefer a continuation after the fall race scheduled for Sept. 29.
Williamson will make her ruling on the license anytime between a few days and a few weeks after the end of the hearing.
Foxfield is charged with two specific violations, both of which occurred April 27, the date of last spring's race.
According to the press release, "the licensee allowed noisy or disorderly conduct upon the licensed premises," and second, "the licensee allowed 20 persons who the licensee knew or had reason to believe were intoxicated to loiter upon the licensed premises."
"The sole responsibility of enforcement falls on the licensee," Schliessman said.
If found to have violated these two counts, Foxfield could lose their liquor license and the races would become a dry event.
Since Foxfield's liquor license is designated for an "equine sporting event," Virginia law prohibits the association from selling alcohol on the premises. Patrons are, however, permitted to bring their own alcoholic beverages.
"ABC's focus is only on what happened between eleven and five on April 27th" Schliessmann said.
"Foxfield racing association has been a part of the community for 25 years," Dick said. "Foxfield is here to fight this tooth and nail. We are ready to do battle."
ABC's case centers on two approximately 30-minute videos filmed by special agents of the ABC at the race on April 27. The video shows numerous students alleged to be severely intoxicated. Many of the more than 50 concerned spectators laughed audibly while watching the videotape.
"My assignment was to videotape any problems we observed," said Stephen R. Jones, a special agent with the ABC. "There are varying degrees of intoxication."
The tape showed students stumbling, vomiting and urinating in public. Dick contended that perhaps not all of these ailments were alcohol-induced, and the videotapes failed to provide "positive proof" to that effect.
The videotape "does not show the licensee has been derelict in its duties under the license," Dick said.
Dick called several members of the community to testify for the Racing Association's case including neighbors, officials, the course designer and a University student.
"We have lived there for 28 years, and it has never bothered us one bit," Garth Road resident and hearing attendee Luise Phillips said.
"We think it's preferable to have this event twice a year to having another housing development."
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