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Batavia Downs

WROTB taking IRS to court over eligibility for tax credit worth $5 million

By Howard B. Owens

The Western Regional Off-Track Betting Corporation is taking on the IRS in tax court over an employee retention tax credit that is worth about $5 million to the corporation.

The Internal Revenue Service's position is that the OTB is a government agency and, therefore, not eligible for the pandemic-era tax credit.

"We are not supported by the government. We don't report to the government," said John Owens, OTB's acting legal counsel. "We've made the argument that there have been other matters in which we've been held not to be an agency, that we're not and that we should be entitled to (the tax credit)."

The board approved a resolution to hire Lippes Mathias LLP, a Buffalo law firm, and the only firm to bid on the project, to represent WROTB in tax court. The agreement authorizes an hourly payment up to $200,000 to handle the case and a $250,000 contingency fee if the firm wins the case.

The credit is available to eligible employers that paid qualified wages to some or all employees after March 12, 2020, and before Jan. 1, 2022. 

One of the arguments that Batavia Downs is a business is that the corporation received a PPP loan during the pandemic, which was a program not available to government agencies.

"We were determined to be eligible for that, and that was fully vetted," Owens said. "We had opinions of counsel, and everyone said, yes, we were eligible for the PPP."

Batavia Downs institutes ID policy to avoid heavy fines for minors entering gaming floor

By Howard B. Owens
batavia downs ID sign
New sign greeting guests as they enter Batavia Downs notifying of the ID requirement to enter the gaming floor.
Photo by Howard Owens.

About three weeks ago, a minor -- a person under 18 years of age -- was found on the gaming floor at Batavia Downs, a violation of state law.

Officials at Batavia Downs self-reported the violation. The result was a $10,000 fine.

Since that violation, all guests at Batavia Downs are being asked to present an ID to prove they're over 18 to enter the gaming floor.

"I think this was actually the third (violation)," said Byron Brown, president and CEO of Western Regional Off-Track Betting. "The first one was $1,000, I believe. The second one was $5,000, and the third one was $10,000. We took immediate action after each of these to make changes. But after the third one, we went to the ID and the all-visitor policy."

The new ID policy was approved by the New York State Gaming Commission.

Staff at the state's Gaming Association informed WROTB executives that there is a push to implement an ID requirement for casinos statewide.  The association's position is that requiring ID should be voluntary. 

"We have already implemented it," Brown told the board during Thursday's meeting. "It's going smoothly, and whichever way it goes with the state, we are ahead of the curve, and we are IDing all customers that come into the property, and hopefully that will put us in a position where we no longer incur any fines from minors being able to find their way onto the gaming floor."

ID is being required of all customers to ensure that no youth is able to "present" as older than 18, Brown said. There was initially some push back from regular customers but that has faded, Brown said, as IDing becomes the new normal.

"We don't want to give away our money that's being earned by being fined again," Brown said. "Our security does a good job. Sean and his team do a good job. So things are going very smoothly with that at this point."

Top harness racing talent returns to Batavia Downs for New York Sire Stakes 'Night of Champions'

By Press Release
Remote video URL
Video from the Night of Champions at Batavia Downs in 2019.

Press Release:

The Agriculture & NYS Horse Breeding Development Fund is proud to announce that the 2025 New York Sire Stakes (NYSS) “Night of Champions” will take place on Saturday, September 6, 2025, at Batavia Downs Gaming & Hotel in Batavia.

As the premier event of the NYSS season, the Night of Champions showcases the top two- and three-year-old Standardbreds bred, owned, and raced in New York State. With over $2.4 million in purse money awarded across the evening, the event represents the pinnacle of the harness racing calendar.

“We are excited to bring the Night of Champions back to Batavia Downs, where the event was last hosted in 2019,” said Ralph Scunziano, Executive Director of the Agriculture & NYS Horse Breeding Development Fund. “Batavia Downs has demonstrated an outstanding commitment to hosting world-class racing, and their upgraded clubhouse and facilities are sure to create another memorable experience for our horsemen, owners, and fans.”

Located between Buffalo and Rochester, Batavia Downs is centrally situated in Western New York’s agricultural hub, offering a unique opportunity to highlight both the sport of harness racing and the economic impact of equine breeding and training in the region. The half-mile track is well known for its quality surface and competitive racing.

The races will be streamed live on Batavia Downs’ YouTube page, and a live post-position draw will take place on Facebook ahead of the event. Pre-race commentary and on-site interviews with winning connections will also enhance the live broadcast experience.

“We are honored to have been selected to host this prestigious event here at Batavia Downs.  I appreciate the confidence that the Agriculture & NYS Horse Breeding Development Fund has in our team here and we will not let them down. Our track and facility will be ready to go, and we are prepared to celebrate the “Night of Champions” with all of the people that attend,” said Byron Brown, President and CEO of Western Regional Off Track Betting Corporation.

The 2025 Night of Champions will be the culmination of a 56-day NYSS season, beginning May 18 at Saratoga Raceway. Full schedules for the Sire Stakes, Excelsior Series, and County Fair Series are available at www.nysirestakes.com.

Batavia Downs donates concert tickets to area veterans

By Press Release
batavia downs veterans tickets
William R. Joyce, Director, Genesee County Veterans Service Agency, Byron Brown, President/CEO, Batavia Downs Gaming/ WROTBC, Ryan Hasenauer, Vice President of Business Development, Batavia Downs Gaming/ WROTBC
Submitted photo.

Press release:

Byron Brown, President and CEO of Batavia Downs Gaming and Hotel, presented complimentary tickets to William Joyce, Director of the Genesee County Veterans Service Agency. Included were tickets for each of Batavia’s Rockin’ the Downs Summer Concerts. 

“This marks the 7th year in a row that Batavia Downs has supported our local Veterans with free tickets to our summer concert series, “said Brown.  “We are proud to continue this tradition of giving back to local vets who have served our country.”

Tickets for the concert series can be purchased at BataviaConcerts.com.  Performances include:

  • Friday, June 20 – Queensrÿche
  • Friday, June 27 – The Allman Betts Band
  • Friday, July 11 – Almost Queen (Tribute to Queen)
  • Friday, July 18 – The Machine (Tribute to Pink Floyd)
  • Friday, July 25 – Little River Band w/Ambrosia
  • Friday, August 1 – Lou Gramm
  • Friday, August 8 – The Commodores
  • Friday, August 15 – Kansas

Over the last seven years, Batavia Downs has proudly donated over 10,000 tickets to Local Veterans.

WROTB settles lawsuit filed by former executive for $550K

By Howard B. Owens
Mike Nolan
Mike Nolan, then VP of WROTB, in a 2015 file photo, when Nolan appeared before the Genesee County Planning Board in support of the corporation's plans to build a hotel.
Photo by Howard Owens.

A former chief operating officer for Western Region Off-Track Betting Corp. will receive $550,000 in a settlement stemming from a lawsuit he filed against the corporation in August 2021.

Michael Nolan alleged the victim of retaliation because he raised concerns about some corporation practices, such as health insurance for board members, the distribution of tickets to sporting events, misuse of funds, and improperly responding to Freedom of Information Law requests from reporters.

He was fired on Dec. 18, 2020.

In his initial filing of the suit, he sought $14.5 million --  $4.5 million for violating his First Amendment rights, another $4.5 million for breaking the state’s Civil Service Law, and an additional $5.5 million for emotional pain and suffering.

According to court documents, the case was settled through mediation on March 17 pending WROTB board approval.

Nolan began his career with WROTB in 2011 and was promoted to chief operating officer in 2017.

On Thursday, the board agreed to pay the settlement with $150,000 cash and an insurance policy covering the other $400,000.

 

CEO says lobbying effort in Albany could reduce WROTB tax paid to state

By Howard B. Owens
bryon brown
Byron Brown
File photo by Howard Owens.

Byron Brown, president and CEO of Western Regional Off-Track Betting, is optimistic that the corporation's lobbying efforts will lead to legislation that reduces the tax OTB pays to the state from 49% to 44%.

That would amount, at current cash flow, in an estimated $4.5 million in additional revenue, Brown said.

The language for adjustment will be part of the Assembly's version of the 2025-26 budget bill.  The Senate produces its own budget bill, and then the two chambers meet to negotiate a final budget bill.

"We feel good that we've done everything that we could do, that we got a good audience from the governor's office, the Assembly and the Senate, and we are hopeful that when the negotiations are concluded, that our requests will be part of the budget," Brown said.

The additional revenue will help the corporation on multiple fronts, Brown said, and those initiatives were part of the pitch to state legislators to approve the request.

"We explained that it was a matter of equity and fairness that would give us the ability to increase distributions to 17 member municipalities in Western New York, it would give us the ability to right size the salaries of our employees, and also to address the very high cost of family health care for our employees," Brown said.

Health insurance costs seem to be a top priority for OTB executives.

Currently, a family health insurance plan is $3,325 monthly for an OTB employee. If hired after Jan. 1, 2012, the employee contribution is 72 percent, or $2,394. Employees hired before that date pay only 5% of the premium.

The OTB would also be able to set aside some money to expand the hotel.

"(The hotel expansion project) projected to produce significantly more revenue for Western Regional off track betting Corporation, which would give us the ability to, again, not just increase our distributions to municipalities, but also increase the amount of money that we provide to the state of New York," Brown said.

In November, the board voted to delay a planned expansion of the hotel because of increased costs. The estimated cost provided by architects was $16 million and $16.5 million, which is about $4 million more than the original cost estimate.

The $4.5 million retained by OTB, if passed, is .0000018% of an anticipated $250 billion budget.

Batavia Downs announces exciting spring lineup of events and promotions, tickets now on sale

By Press Release

Press Release:

Batavia Downs President & CEO Byron Brown, today announced the lineup for events taking place onsite alongside the 3 Triple Crown Races this spring as well as upcoming concerts.

The Kentucky Derby Gala returns on the first Saturday in May – May 3. Cost is $149 per person and includes Buffet Dinner, Open Bar, a $20 Wager on the Derby, Derby Glass, Derby T-shirt, $60 in Free Play and bourbon sampling from Woodford Reserve, the official Bourbon of the Kentucky Derby.

Hotel specials are available on that day – The special is $469 and includes 2 entries to the party and a hotel room that evening.  Be sure to visit the Hotel Deals page at BataviaDownsGaming.com to book.

“Our Triple Crown events continue to increase in popularity,” said Brown. “Our events calendar is jam-packed.  With more events than ever before we are excited to welcome guests here for these outstanding experiences.”

On that same day, the Park Place Room will be host to the Superfecta Special – which includes a $25 Free Play, $5 Wager on the Derby, Derby Program, and a 1/2 BBQ Chicken Lunch. The cost is $35 per person and attendees can pay at the door.

On Preakness Stakes Day - Saturday, May 17, the 4th Annual Tacos and Tequila event sponsored by Teremana takes place inside the Park Place Room. The cost is $35 and includes Tequila Sampling from multiple vendors, a Taco Bar, $20 in Free Play, a $5 wager on the Preakness Stakes, and a gift to take home. Early Bird Tickets will be available for $30 online.

The final jewel of the Triple Crown is the Belmont Stakes, this year it is once again in Saratoga, on Saturday, June 7. That same day inside Park Place is the Bourbon and Whiskey Fest presented by Jack Daniel’s. Cost is $35 and includes Bourbon and Whiskey Sampling, Grazing Stations, $20 in Free Play and a $5 wager on the Belmont Stakes. Early Bird Tickets will be available for $30 online.

Those wishing to book the hotel specials can find direct links to do so on the hotel deals page on the Batavia Downs website at https://www.bataviadownsgaming.com/hotel-deals/.

If you are unable to make it to Batavia Downs on any of the Triple Crown race dates, be sure to visit our OTB Branches or EZ Bet locations – a list can be found at: https://www.westernotb.com/locations/. Guests can also watch wager and win online at BataviaBets.com.

Prior to the Triple Crown, other Spring events announced by Batavia Downs include:

The 2nd Handicapping Contest of 2025 will take place on Wood Memorial Day, Saturday, April 5 in the Batavia Downs Clubhouse. For a $20 Entry, guests will enter into a contest where they will pick horses from Aqueduct and Keeneland. The top prize will take home 50% of the entry monies up to $2,000. Details will be posted on the Batavia Downs Facebook page soon.

Also on Saturday, April 5 the Niagara Wine Trail hosts their annual “Vino at the Casino” event inside Park Place. General Admission Tickets are $40 presale and include tasting from 2-5pm, a souvenir wine glass, $25 fee play from Batavia Downs and a discount on a food purchase that day at Batavia Downs.

For tickets and details, guests can check out: https://niagarawinetrail.org/vino-casino/.

On Friday, April 18, the Batavia Downs Bar Hop welcomes guests in for a beer crawl inside the gaming facility. Tickets are just $25 and you get $10 back in Free Play along with a drink ticket for each of Batavia Downs’ 4 bars that are open that day. Attendees will be able to get a drink while they enjoy live music and take in the Free Nerds Gone Wild Concert that will be taking place that evening inside Park Place.

On Monday, April 21, Batavia Downs holds their annual Dyngus Day Celebration inside of Park Place with music from Fritz’s Polka Band. This FREE event runs from 11 a.m. to 2 p.m. Polish Platter specials will be available at the Homestretch Grill.

KISS THIS returns to Batavia Downs on Saturday, April 26! Western New York’s Premier Tribute to KISS brings all of theatrics and bombast of a classic KISS show to their performance. Tickets are $15 and attendees receive $10 in Free Play on the day of the show. This performance is standing room only.

Tickets for these events are available at www.BataviaConcerts.com or at the Lucky Treasures Gift Shop in the Lobby.

Tickets are also on sale on BataviaConcerts.com for:  Music of the Stars, Al Green & Marvin Gaye Tribute and the entire Rockin’ The Downs Summer Concert Series.

OTB board approves most of policy reforms proposed by CEO Byron Brown

By Howard B. Owens
bryon brown
Byron Brown, President and CEO of Western Regional Off-Track Betting Corp.
Photo by Howard Owens.

When board members of the Western Regional Off-Track Betting Corporation walked into the meeting room at Batavia Downs on Thursday morning, they found at their assigned seats a bit of a surprise.

There was a 13-page book containing 10 proposals to reform policies for the organization.

The booklet, said CEO Byron Brown, was the result of two months of work with his executive staff to identify areas of concern and propose suggestions for policy changes.

"We have been looking at concerns that have been expressed about the operation of Western Regional Off-Track Betting Corporation since I've been here as CEO," Brown said after a closed session meeting where most of his proposals were approved by the board. "We've done a top-to-bottom review so we can be more transparent as an organization, to look at ways to reduce expenses in the organization and drive greater profitability, and the reforms are around those items."

For the past few years, the OTB has been beset by a number of controversies, including how free tickets to sporting events are distributed, executive compensation and buyouts, health insurance, travel expenses, and management participation in tip distribution. 

The policy changes also address some less public issues, such as how raises are handled and the distribution of free play cards and gift cards.

Brown thinks if his new policies had been in place years ago, some of the public controversies could have been avoided.

"I have worked very closely with the board and the staff," Brown said. "The board was very open to looking at these issues and felt very positive that these reforms and these new policies will really strengthen the operation of Western Regional Off-track Betting Corporation."

The booklet also contained a bullet-point list of some of the reforms Brown has already initiated as the corporation's new CEO, such as tighter controls on how requests for sponsorships by area charities are handled and monthly reporting on advertising spending for broadcast.

Erie County rep pleased with reservations
The policy revisions were welcomed by Tim Callan, the Erie County representative on the board who has been perhaps the most persistent voice seeking reform since the board was reconstituted by the state Legislature more than a year ago.

"I'm very pleased with what Byron has done here," Callan said. "A couple of the items in the reform agenda -- about travel and changing the travel policy to get some things back under control there, changing and updating the procurement policy -- these were things that throughout last year I had been raising questions about. The sponsorship program, where the corporation gives sponsorships and donations to various groups, I've been raising a lot of questions about that. So to see that those three areas are being addressed by the new management team, I'm very happy to see that."

Callan, ever a stickler for details, does have concerns about how the reform package was brought to the board, and in the closed-door discussion (which he is also concerned about), he objected to two proposed policy proposals, which the board ultimately did not support.

Brown proposed reducing the cost of employee contract buyouts.

Some employees, including top executives, have contracts that stipulate how much severance they will receive if the contract is terminated early. 

In July 2024, the board of directors approved a buyout of former CEO Henry Wojtaszek's contract equal to one year salary, or $299,000. Outgoing CFO Jackie Leach's buyout was half her annual salary, or $122,000, and operations manager William White received $87,000.

Brown's report says that a review of contracts found there is no standard severance pay and benefits package for employees under contract. One employee, not named, has reached a settlement that allows that employee to work from home until November, earning until that time $174,907. 

Brown recommended capping severance to four months' salary. The board tabled the proposal and called for research on standard procedures in the gaming industry.

Callan said he opposes providing OTB employees with any severance pay, even though the practice is common in corporate America.

He said WROTB is not a private company. It's a public benefit corporation with a mission of generating revenue for the state and the 17 municipalities that control the corporation. As a quasi-state agency, employees are part of the state's generous pension system.

"That's something you folks in the private sector are not getting," Callan said. "You guys have to have 401(k)s, and Roth IRAs or whatever you do to help provide for yourselves in retirement. Well, folks here have that state pension ability separate from whatever saving they do on their own. So it's not an apples and oranges comparison for me to say, a private casino where, you know, they're not going to get a pension, and it's a private entity."

Wrapped into the contract buyout policy proposal was a proposal to address inequality in health insurance coverage for non-union employees.

Non-union employees hired before 2012 pay only 5% of their insurance premiums. Those hired after Jan. 1, 2012 pay 72% for a family plan (single plans remain 5%).

There are 38 employees who were hired before 2012 and 72 hired after the change policy.

In an interview, Callan disclosed that the monthly premiums for Batavia Downs employees are significantly higher than typical for group insurance policies. 

Human Resources Director Danielle Fleming later confirmed that a family health insurance plan is $3,325 monthly. The employee contribution, if hired after Jan. 1, 2012, is 72 percent, or $2,394.

Brown's proposal, which has not yet been approved, is to find a way to close the gap between the two groups of employees and set the employee-share of future management hires at 20%. Currently, seven members of management staff pay a 20% share of their premiums.

"It's obviously incredibly expensive for the employee. It's obviously also incredibly expensive for the corporation, where the corporation to bear the expense," Callan said. "I loudly expressed my objection to that in the executive session and said that I would not vote for it. And I thought that needed further discussion. When we have members of the management team make $190,000 or more, and persons in the mid-$100,000s, to send a message and say to them and say, "Okay, you only have to pay 20% of the cost of health insurance,' but somebody here that makes $17.50 an hour has to pay 72%, that, to me, is not right, and so the management team, after some members of the board objected and raised questions on that, agreed to pull it back, and I think we're gonna have some further discussions on that topic next month."

Callan said that while overall, he is pleased with the policy changes, especially since several of them are responsive to issues he's raised over the past 13 months, he thought it was a violation of the open meeting law not to have the agenda explicitly state that the board would do more on Thursday than engage only in a general policy discussion, but actually have written policy changes to consider and vote on.

He also said it could be a violation of the open meeting law to have most of the discussion in closed session.

Asked about the exemption used under the state's Open Meeting Law, Brown said it was a personnel matter.

"There were a number of personnel items that were discussed, so that was the reason why the board went into executive session in that particular discussion, where we were discussing salaries, benefits for specific individuals," Brown said.

Callan said the only policy item that addressed specific people was the health insurance discussion, which involved seven individuals. Otherwise, the rest of the policy discussion did not touch on specific individuals. In his view, the policy discussion should have occurred in open session.

"We have a lot of discussions in committees, including an executive session, a lot of which I don't think should be an executive session under the law, but that's another story you and I have spoken about before," Callan said. "I don't think, in hindsight, it should have been an Executive Session."

Accountability and profitability
Among the policies highlighted by Brown in an interview were changes to how sports tickets are distributed and whether the OTB will continue to purchase a suite and tickets to Buffalo Bills games after the coming season.

When the Bills move into the stadium, it appears the cost of the suite will double, raising the annual cost to $200,000, which may not have the return on investment the OTB seeks.

Brown said Batavia Downs is negotiating with the Bills organization.

"We're looking at tightening the ticket policy, making sure that when we do provide tickets and benefits, those are going to our customers, and they're going to our customers in a way that generates more business for the corporation," Brown said. "We're looking at travel policy to tighten our policies on what we spend when people have to travel for business purposes, going to conferences, going to training. All of those things, I think, would have eliminated some of the issues that the corporation has faced in the past."

The ultimate goal, Brown said, is a corporation that is more efficient and more profitable.

"The agenda is about going forward, looking at issues with the board, with the staff, that we saw as concerns, things that we felt could be improved, ways that we could increase transparency, that we could increase profitability, reduce expenses," Brown said. "So, going forward, this will make the corporation stronger. This is a place where people love to come and, after expenses, generates over $90 million a year. We want to continue to produce that kind of revenue and grow the revenue."

The policy changes approved by the OTB board of directors:

Merit Raises: Over the past three years, 102 OTB employees have received merit raises for a total cost of $392,166. Merit raises are supposed to be approved by the board's personnel committee.  There is no documentation indicating these raises were approved by the personnel committee. There were 22 raises in 2022, 50 in 2023, 28 in 2024.  The average per year is $130,722. The new policy would budget $100,000 for merit raises.  Department heads would recommend merit raises, and if approved by the CEO, the request would go to the personnel committee for approval.  All raises would need to be submitted by July 1 of each year. One issue this policy will address is the appearance of favoritism. Five employees received merit raises in each of the past three years.

Video Record Board Meetings: Video recording all board meetings would be inexpensive and easy to accomplish, and multiple "good government" groups recommend it. Some of the municipalities represented on the OTB board are more than a two-hour drive from Batavia, making board attendance difficult for some interested parties. Recordings would be posted on the OTB website within 24 hours of the meeting.

Renewal of Buffalo Bills Suite: The current contract for the suite expires after the the coming season. The suite is considered a great marketing tool for Batavia Downs. The casino conducts drawings for tickets and also provides tickets to high rollers. However, the cost for suite in the new stadium will nearly double. During the past season, OTB paid $114,205 for 16 tickets per game. A new 12-person suite would cost $200,000 per year, with price increases of 5% per season. The return on investment would be low. The cost outweighs the benefits. OTB will try to negotiate a lower price suite.

Travel Policy: WROTB has been criticized for "extravagant" travel.  While the spending on travel for some executives exceeded state limits, and a public benefit corporation, WROTB, is exempt from those caps. The comptroller recommends OTB implement and enforce policies that are reasonable. The new policy would require a form to be completed that lists all anticipated expenses for both in-state and out-of-state travel. For in-state travel, the CEO would review and potentially approve the travel. For out-of-state travel, if the CEO recommends approval, the board of directors would be asked to approve the travel.

Transparency of Procurement: For procurement of goods and services, currently, no quotes are required for costs less than $5,000, for $5,000 to $10,000, documented verbal quotes from at least two vendors, for $10,000 to $15,000, written quotes from at least two vendors, and for more than $15,000 public bidding that is subject to board approval. There are also policies dealing with sole-source procurement and single-source procurement. The new policy would require bidding on services and purchases of $15,000 (which is less than the requirement of municipal law).  The reform also recommends a written policy for procuring goods an services that would clarify the difference and use of sole source and single source vendors.

Job Postings: An average of 73 jobs are posted annually, and most are posted internally. Jobs are posted on bulletin boards and if external candidates are sought, on social media. Under the reform, the process for applying through the OTB's website will be improved and all publicly advertised positions will be consistently posted on social media with a link to the Batavia Downs application page. 

Tipping Policy: Batavia Downs does not currently have a tip-pooling policy, which can lead to operational, legal, and employee-related issues. The approved reform is to write a uniform tipping policy for the facility, including who is eligible to receive a portion of the tip pool, as well as policy for distribution and reporting tips for tax purposes. Supervisors will no longer receive a portion of the mandatory 20 percent tip for booked events.

Free Play Policy: The new policy will standardize free play coupons that an authorized person will sign. Upon redemption, a note will be made in the computer on who authorized the free play. This will assist in auditing free play.  After March 15, only free play coupons created under the new policy will be honored.

Gift Card Tracking: Grocery and gas gift cards are used as an incentive for booking hotel rooms. In 2024, Batavia Downs purchased $160,000 in gift card, at $20 each. The gift cards were tabulated into the cost of rooms, so there was no additional cost to the corporation. Other gift cards can sometimes provided to the hotel for hotel packages or requested by officers or department heads to reward staff members for work done above and beyond their duties. Gift cards are logged but there is no standard approval process. Under the new policy, officers and department heads will complete a request form that will require approval by the chief administrative officer. A record will be maintained of gift cards requested by officers and department heads for future auditing purposes.

Download PDF: WROTB 2025 Reform Agenda.

Live racing cancelled at Batavia Downs Monday

By Tim Bojarski

Due to warm temperatures causing a quick thaw of the track, the judges made the decision to cancel the live card of racing scheduled for Monday, Feb. 24 out of an abundance of caution for the safety of all the participants.

Monday was the final day of racing for the 2025 winter meet and the Jackpot Hi-5 carryover pool of $4,251 that was scheduled to be paid out will now be moved to opening day of the summer meet on Saturday, July 26, and will also be a mandatory payout.

$10,000 guaranteed Jackpot Hi-5 with must-pay at Batavia Downs Monday

By Tim Bojarski

The Jackpot Super Hi-5 at Batavia Downs has not been hit in several days and as a result, the carryover has now grown to $4,251.

With the meet coming to an end on Monday (Feb. 24), this must be paid out and track management has guaranteed that pool at $10,000 in conjunction with the United States Trotting Association’s Strategic Wagering Program.

As part of that program, Trackmaster is offering free full past performance program pages that are currently available on the USTA website under the Handicapping link at the top of the page.  

The Jackpot Super Hi-5 at Batavia Downs is a 20-cent minimum wager in the 14th race on Monday with an estimated post time of 7:20 p.m. Post time for the first race is at 3 p.m.

And as always, free full card past performance programs for every live card of racing at Batavia can always be downloaded at the Downs’ website (bataviadownsgaming.com) under the “Live Racing” tab and all the racing action can be viewed as it happens for free at the Batavia Downs Live Facebook page.

Autograph times announced for Legends and Stars Sports Collectors Expo at Batavia Downs Saturday and Sunday

By Press Release

Press Release:

On Saturday and Sunday, February 22 and 23, the Legends and Stars Sports Collectors Expo will have several former Buffalo Football, Hockey and Basketball Players, Hall of Fame Hockey Athletes and Buffalo born actor, Chad Michael Murray, present inside of the Park Place Events Center at Batavia Downs located at 8315 Park Road, Batavia.

The Memorabilia Show with vendors will run from 10 a.m. to 4 p.m. on Saturday, February 22 and 10 a.m. to 3 p.m. on Sunday, February 23. Kids 12 and under are FREE. Admission for all others is $10. Paid admission receives $10 in Free Play on the Gaming Floor. Full details including autograph prices available on Legendsandstars.net.

Certified Guaranty Company and James Spence Authentication will be at the show offering authentication and grading services.  Autographed cards may be submitted for CGC x JSA Authentic Autograph certification, and autographed memorabilia may be submitted for JSA-only services. CGC will also be accepting submissions of unsigned TCGs, sports cards, and non-sports cards for grading.

Athletes, Career Highlights/Teams Played for and Autograph Times are as follows:

Saturday, February 22:

  • Bryan Trottier - NHL HOF 1997, 6X Stanley Cup Champion - 11 a.m. to 12 p.m.
  • Chris Chelios - NHL HOF 2013, 3X Stanley Cup Champion - 11:30 a.m. to 12:30 p.m.
  • Doug Gilmour - NHL HOF 2011, Stanley Cup Champion, Former Sabre - 12 to 1 p.m.
  • Frank Reich - Former Buffalo QB, led “the Comeback” - 12:30 to 1:30 p.m.
  • Kyle Williams - Former Buffalo DT, 6X Pro Bowler - 1 to 2 p.m.
  • London Fletcher - Super Bowl Champion, 4X Pro Bowl, Former Buffalo LB - 1:30 to 2:30 p.m.
  • Steve Christie - Former Buffalo Kicker, All -Pro - 2 to 3 p.m.
  • Drew Pearson - NFL HOF 2021 Super Bowl Champion, Former Cowboy - 2 to 3 p.m.
  • Billy Smith - NHL HOF 1993, 4X Stanley Cup Champion - 2:30 to 3:30 p.m.
  • Chad Michael Murray* - Actor on One Tree Hill, Gilmore Girls & Various Films - 12 to 3 p.m.
    • *Mr. Murray will be in the Autograph Area for the entire 3 hour window for autographs and table selfies

Sunday, February 23:

  • Ernie DiGregorio - 1974 NBA Rookie of the Year, Former Buffalo Brave - 11 a.m. to 12 p.m.
  • Brad Park - NHL HOF 1988, 7X All-Star, NHL’s 100 Greatest Players - 11:30 a.m. to 12:30 p.m.
  • Gilbert Perreault - NHL HOF 1990, 8X All-Star, Former Buffalo Sabre - 12 to 1 p.m.
  • Adam Oates - NHL HOF 2012, 5X All-Star, NHL’s 100 Greatest Players - 12:30 to 1:30 p.m.
  • Thurman Thomas - NFL HOF 2007, 1991 NFL MVP, 5x Pro Bowl, Former Buffalo RB - 1 to 2 p.m.

For Full Details on each Autograph Guest including pricing, please visit: https://legendsandstars.net/services/.

For Card Grading, visit https://www.cgccards.com/ to sign up and fill out an order form ahead of the event.

For memorabilia needing JSA autograph services only, fill out and print the online submission form ahead of the event: https://bit.ly/jsasubform

Batavia Downs cancels live racing Thursday

By Tim Bojarski

As a result of the ongoing extreme winter weather that has impacted all of western New York over the past week, Batavia Downs management has canceled the live card of harness racing scheduled for Thursday (Feb. 20) in an abundance of caution for the safety and welfare of all the participants.

Live racing will resume on Monday (Feb. 24) at 3 p.m., which will be the last card of the winter meet.

Live racing cancelled at Batavia Downs Monday

By Tim Bojarski

As a result of an extreme winter storm that has produced high winds, heavy snow, sub-zero wind chills and treacherous driving conditions to all of western New York, the management of Batavia Downs has canceled the live card of racing scheduled for Monday (Feb. 17) in an abundance of caution for the safety and welfare of all the participants.

Live racing will resume on Thursday (Feb. 20) at 3 p.m., which will be the second last card of the winter meet that ends on Monday, February 24. 

Batavia Downs cancels live racing Thursday

By Tim Bojarski

Due to deteriorating weather and the resulting track conditions, Batavia Downs has cancelled live racing for Thursday (Feb. 13) afternoon due to an abundance of caution for the safety of all the horses and horse people.

Racing will resume at the Downs on Monday (Feb. 17) at 3:00 p.m. with a $4,251 carryover in the Jackpot Super Hi-5 pentafecta in the 11th race. There are only three more live racing dates in the 2025 winter meet, which concludes on Monday, February 24.

Free full card past performance programs for every live card of racing at Batavia can always be downloaded at the Downs’ website (bataviadownsgaming.com) under the “Live Racing” tab and all the racing action can be viewed as it happens for free at the Batavia Downs Live Facebook page.

Rochester native returns to Batavia Downs on Feb. 27 with a high-energy homage to Elton John and Billy Joel

By Howard B. Owens
jason ostrowski as elton john batavia downs
Jason Ostrowski putting on an Elton John show at Batavia Downs in November 2022. On Feb. 27, Ostrowski returns to Batavia Downs with a rock and roll piano showcase of the music of John and his idol Billy Joel.
File Photo by Howard Owens.

Jason Ostrowski is definitely excited about his upcoming concert at Batavia Downs.

Why? He loves playing rock and roll. He loves Elton John and Billy Joel. With a background in musical theater, he loves performing. He loves meeting people. And, he won't be far from his hometown, Rochester.

More than once during an interview with The Batavian about his Feb. 27 show (doors at 6:30 p.m., show at 7 p.m.), Ostrowski said about performing, "I love it. I absolutely love it.

Ostrowski isn't sure where this love for music and performance came from but it started young.

"Nobody in my family is in entertainment at all," Ostrowski said. "(Starting in) kindergarten, I was bothering my parents for lessons, and then I took classical for about six years. I hated taking it. I loved my teacher, but I hated classical piano. And then I learned rock and roll."

In high school, at Greece Athena, he discovered musical theater.  He was inspired to get his degree from SUNY Fredonia in musical theater and he chased a career as an actor.

His resume includes roles on Broadway, cast on national tours for major Broadway productions, and regional musical theater.  His TV roles include co-starring roles on FBI: Most Wanted, Bull, The Detour, WeCrashed, and A Crime to Remember.

"I've been very lucky working for as long as I have in the entertainment industry and being able to support myself," Ostrowski said. "And the piano playing has always been there for me."

Ostrowski's path toward doing concerts featuring the music of the likes of Elton John and Billy Joel began when he was on Broadway in a show where cast members played their own instruments; then, on his own, he started playing more rock and roll on piano.

"I always thought, 'Oh, that would be fun to do for people. But I guess I was a little too shy or something," Ostrowski said. "In 2014, I learned how to do dueling pianos in Orlando, Florida. From there, I was just hooked on performing behind the piano."

Ostrowski was more of a Billy Joel fan (he's even met him a couple of times) but people always told him he looked like Elton John, so he explored his music and found it compelling, so he developed a live act around John's music. He said it's not exactly a tribute show.

"I started putting on my Nana's costume jewelry and some sparkly clothes and doing an Elton John show," Ostrowski said. "It's not an impersonator show because you already know it's not him. I look enough like the guy. I'm not going to try to pretend to be him but to capture the essence of his music and performance. What I do live hopefully translates, and that gives people an experience that, if they haven't seen him, can come close to what it would be like to hear that music live by him. And I love doing it. I love it."

The Feb. 27 show will feature both the music of John and his idol, Joel.

He said Joel is his biggest influence as a singer, piano player, and writer.  Ostrowski has singles and EPs of his original music on streaming platforms and is anticipating releasing an album later in 2025.

"I've always written. I've always been, I guess, I've always been a little timid about it, like, uh, nobody's gonna like this or whatever," Ostrowski said. "But now, as I reach 50, I'm like, 'Well, who cares?' So I actually started work on an album in December, and in March, I'm going back to recording in New York City with this producer who was Bruce Hornsby's guitar player for 16 years, and he's worked with Dave Matthews and Ben Folds. He really likes my writing, so we started work on just a little album, four or five songs, but it's exciting, and it's gotten me excited about my own music again."

Ostrowski isn't surprised the music of legendary rockers like John and Joel remains popular, not just with the generation that grew up with John's songs on AM radio.

"I'm on ships quite a bit, and generally, the crowds are people who grew up with Elton John, but every now and then, I get young people and young teenagers out in the audience, and they're singing along to every single song," Ostrowski said. "There's some kind of magic in performing some of this music that's 56 years old now, much older than some of these people listening to it, and they know every single lyric. It really is a rush to just play this rock and roll music."

John, he said, is particularly thrilling.

"He's such a theatrical performer in how he dresses and presents himself," Ostrowski said. "So to be able to do that and sit behind the piano and play this amazing music with incredible bands is all I need. I love it. Absolutely love it."

Tickets are available through Eventbrite, starting at $13.37.

jason ostrowski as elton john batavia downs
File Photo by Howard Owens.
jason ostrowski as elton john batavia downs
File Photo by Howard Owens.
jason ostrowski as elton john batavia downs
File Photo by Howard Owens.

Celia Bayama strikes again at Batavia Downs

By Tim Bojarski
celia-bayama-1.jpg
Photo of Celia Bayama courtesy of Wendy J. Lowery.

Although she moved up in class, out in post and completely reversed racing strategies, Celia Bayama claimed her second straight win in the $9,500 fillies and mares pacing feature at Batavia Downs on Monday (Feb. 10) afternoon.

Kyle Swift took Celia Bayama off the gate and tucked in fifth while Legal Jeopardy (Dave McNiehgt III) and Scenic Adventure (Kevin Cummings) battled to the quarter in :28 flat. Scenic Adventure finally took command, crossed over to the pegs and backed the half down to a more tempered :58.4. Swift had Celia Bayama out and rolling passing five-eighths and advanced on the backside in first-over fashion to draw even with Scenic Adventure at three-quarters in 1:29.

From there, Swift high-lined and bounced behind Celia Bayama all through the last turn, trying to coerce her to pass Scenic Adventure, which she did at the top of the stretch. As they headed for home, Celia Bayama paced hard to the line while turning back a late lunge by Legal Jeopardy in the passing lane to win by three-quarters of a length in 1:59.4.

It was the 20th career victory for Celia Bayama ($12.60) who is owned by Barry Charles and trained by Chris Petrelli.

Joe Chindano Jr., the Downs leading driver this meet, enhanced his lead on Monday after winning four more races during the card. Chindano won with Keystone Phoenix (1:59.2, $2.60), Kenobi (2:00.2, $4.50), Blue Madam (1:59.4, $14.20) and Heir of Southwest (2:00.4, $4.50). Chindano now has 33 wins for the winter meet and sits six victories ahead of Brett Beckwith who currently has 27.

Trainers Chris Petrelli and Candace Brandstatter-Hall each had two wins during the card to lead the conditioner colony on Monday.

Live racing resumes at Batavia Downs on Thursday (Feb. 13) at 3:00 p.m. with a $4,251 carryover in the Jackpot Super Hi-5 pentafecta in the 13th race. There are only four more live racing dates in the 2025 winter meet, which concludes on Monday, February 24.

Free full card past performance programs for every live card of racing at Batavia can always be downloaded at the Downs’ website (bataviadownsgaming.com) under the “Live Racing” tab and all the racing action can be viewed as it happens for free at the Batavia Downs Live Facebook page.

Itsallaboutfaith N makes it two straight in Batavia Open

By Tim Bojarski
itsallaboutfaith-n-2-6-1.jpg
Photo of Itsallaboutfaith N courtesy of Wendy J. Lowery.

Despite high winds and a sloppy track, Itsallaboutfaith N blazed a trail from start to finish to claim his second straight $13,000 Open Handicap pacing feature at Batavia Downs on Thursday (Feb. 6) afternoon.

Brett Beckwith put Itsallaboutfaith N on the point and fought 40 MPH headwinds while setting fractions of :28.3, :59.2 and 1:28.4 with the favored Primo Uomo (Joe Chindano Jr.) drafting in second and the rest of the field struggled to keep up. The top two peeled away from the group as they made their way around the last turn. When the pair entered the homestretch, Primo Uomo tipped and tried to catch the leader. But  Itsallaboutfaith N just kept on going and won by 1-¼ lengths in 1:57.3, which was the fastest clocking of the night.

Itsallaboutfaith N ($6.00) is owned by PT Stable and trained by Gareth Dowse.

Beckwith ended the day with a total of three driving wins.

In the co-featured $13,000 Open Handicap trot, My One Percent made his second foray into the top class a winning one after tripping-out to a one length victory.

Kyle Cummings put My One Percent in the pocket behind Missile (Brett Beckwith) and took his cover through quarters of :29.3, 1:00.1 and 1:30 while Double Class (Dave McNeight III) was parked on the outside. After making his way through the last turn, Cummings sent My One Percent into the passing lane and went right by Missile and continued to trot smartly to the line where he won in 1:59.4.

It was the third win in only four 2025 starts for My One Percent ($6.10) who is owned by Steve and Nancy Pratt and trained by Kirk Desmond.

There was also a $17,500 Trackmaster series final for the TM 78 group that was won by Mauries Bonus A, who Joe Chindano Jr. pulled from fifth at the half, tipped three-wide at three-quarters and all around the last turn before scooting home a game winner by 1-½ lengths in 2:02.2.

Mauries Bonus A ($16.60) is owned by Vogel and Wags Nags and trained by Maria Rice.

Kevin Cummings also had three driving wins on Thursday, two of which were trained by Sam Smith.

Live racing resumes at Batavia Downs on Monday (Feb. 10) at 3:00 p.m. with a $3,529 carryover in the Jackpot Super Hi-5 pentafecta in the 13th race.

Free full card past performance programs for every live card of racing at Batavia can always be downloaded at the Downs’ website (bataviadownsgaming.com) under the “Live Racing” tab and all the racing action can be viewed as it happens for free at the Batavia Downs Live Facebook page.

Favored Oaxacan Dream N bucked longshot bias at Batavia Monday

By Tim Bojarski
oaxacan-dream-n-2-3-1.jpg
Photo of Oaxacan Dream N courtesy of Wendy J. Lowery.

Sent off at 50-cents to the dollar in the featured $9,500 pace for fillies and mares at Batavia Downs on Monday (Feb. 3), Oaxacan Dream N lived up to the hype on a rainy night over a sloppy track with an impressive gate-to-wire win, which was her first of 2025.

Dave McNeight III made it quick and simple as he sent Oaxacan Dream N to the front off the gate and laid down measured fractions of :29.5, :59 and 1:29.2 to three quarters, where she held a 1-¼ length lead over the pocket-sitting Scenic Adventure (Kevin Cummings). With no other legitimate threats coming from behind, Oaxacan Dream N rounded the last turn and entered the stretch before pacing away to a 1-½ length win in 1:59.1.

Oaxacan Dream N ($3.00) is owned by Vogel and Wags Nags and trained by Maria Rice.

That was one of the few highlights of the night for chalk bettors on Monday as conditions seem to dictate that price plays were where the speculator's smart money should have gone.

The run of overlooked victors started in the first race with Matticulous GB (2:00.4, $14.40) and continued with Fireworks Flash (2:02, $11.60), Sake Bomb (1:59.1, $28.40), Bugatti (2:01.3, $27.60), Celia Bayama (2:00.2, $54.50) and closed out the card with Justine (2:03.3, $56.60), who was eighth and last at the half, tipped three-deep at three-quarters, came off the far turn five-deep and still seventh before bolting to the line a winner by a nose in a photo. Celia Bayama and Justine teamed up to provide a late daily double that returned $1,430 for a $2 wager.  

Several horsemen had multiple wins on Monday. Drivers Kevin Cummings and Joe Chindano Jr. each scored a hat trick while trainers Chris Petrelli, David Russo and Sam Smith all had two wins apiece.

Live racing resumes at Batavia Downs on Thursday (Feb. 6) at 3:00 p.m. and there will be a pair of carryovers for the betting faithful. First there will be a $1,374 carryover in the Pick-5 in race one and later, a $2,885 carryover in the Jackpot Super Hi-5 pentafecta in the 13th race.

Free full card past performance programs for every live card of racing at Batavia can always be downloaded at the Downs’ website (bataviadownsgaming.com) under the “Live Racing” tab and all the racing action can be viewed as it happens for free at the Batavia Downs Live Facebook page.

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