Daugherty Speedway has no other options as their track is now blocked from the public; Threats of jail, fines and business closure
Daugherty Speedway was going to run an event Saturday, May 9, 2020. The track felt their constitutional rights were being violated and intended to host a race, despite an order from the Indiana governor’s office to cancel.
The track pre-sold limited grandstand seating. On Thursday, they were sold out.
Car counts were also topped in many of the four classes set to run. With 30+ cars in multiple divisions, those classes were also capped.
The race was set to go. The track was reaching out to various officials. The governors office returned contact stating the track was given the ok to run practice sessions.
The governor of Indiana is Eric Holcomb. He noted that there was a plan for grassroots racing to return.
However, that letter clearly stated the track could not race currently. Yet, the track was going to run anyway. Until they couldn’t…
On Friday, government officials came in and barricaded the road leading into the race track with concrete blocks.
Cease and Desist Letter: Indiana government to Daugherty Speedway
A letter from the state of Indiana appeared on the property on Friday:
“You are NOTIFIED that the Indiana State Department of Health upon the direction of the State Health Commissioner, pursuant to Ind. Code 10-14-3-22, Ind. Code 16-19-3-9; Executive Order 20-02, Executive Order 20-08, and Executive Order 20-18, hearby ORDERS YOU IMMEDIATELY TO CEASE AND DESIST in any further business operations at Daugherty Speedway, Inc., located at 1160 W. 650 Street, Boswell, Indiana 47921, or any other location in Indiana. This order is based upon the following:”
“Daugherty Speedway, Inc. is a business covered by Executive Order 20-08 entitled “Directive for Hooisers to Stay at Home” and Executive Order 20-18 entitled “Continued Directive for Hoosiers to Stay at Home; Extension of Continuity of Operations of Government’ and Extension of Executive Orders Pertaining to Restaurants and Alcoholic Beverages.”
“Daugherty Speedway, Inc. is not an essential business/essential operation as defined in Executive Orders 20-08 and 20-18.”
“Daugherty Speedway, Inc. continues to do business in Indiana in violation of Executive Order 20-08 and 20-18, as of 05/06/2020.”
The track was verbally warned of a cease and desist on 05/04/2020.
“YOU ARE HEREBY ORDERED TO IMMEDIATY CEASE AND DESIST doing business at Daugherty Speedway, Inc. Your compliance will be verified.”
Penalty/fine for violating Indiana state order
“FAILURE TO DO SO WILL RESULT IN ADDITIONAL ACTION WHICH MAY INCLUDED: AN ORDER TO CLOSE YOUR BUSINESS; REFERRAL TO THE SECRETARY OF STATE AND TO ANY RELEVANT LICENSING, PERMITTING, OR CERTIFYING BOARD, COMMISSION OR OTHER ENTITY FOR CONSIDERATION OF REVOCATION PROCEEDINGS AND REFERRAL TO THE COUNTY PROSECUTING ATTORNEY.”
“Pursuant to IC 10-14-3-34, a person who knowingly, intentionally or recklessly violates an emergency order commits a class B misdemeanor, punishable by up to 180 days incarceration and a fine of up to $1,000.”
“Resumption of operations shall occur only upon compliance with applicable laws and orders.”
-D. Shane Hatchett, Chief of Staff
Indiana State Department of Health
Daugherty Speedway cancels May 9th event
“As a private citizen in the state of Indiana, I can’t even access my own private property,” the track owner opened the video below.
“We regret to inform you that we have exhausted all options to race on Saturday May 9, 2020. And will be cancelling the event based on our legal counsels recommendation,” Daugherty Speedway said in a statement.
“We have received a Cease and Desist letter from the Indiana State Department of Health. We have also had the road blocked off by local authorities, as you can see in the pictures.”
The track continued, “We are extremely sorry that we aren’t able to operate the race track this Saturday. We did everything possible to make the event happen.”
Those who purchased tickets will get their money back.
“We will be refunding 100% of any monies paid. There have been several individuals that wanted to use it to donate, but it is easier if we refund 100% of the fees at once through our ticket processor.”
“Thank you to everyone that stood behind us while we attempted to open up.”
“We will post options for drivers to practice according to the Governors order, effective May 11, 2020.”
“We will also continue to work closely with the Governors team to discuss opening earlier than July 4, 2020.”
“Thank you and again, we are sorry. Please allow 2-3 business days for the refund to hit your account.”