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Federated Auto Parts Wayne County Speedway
1083 N. Carr Road
Orrville, OH 44667
Office Phone: 419.522.8761
Track Phone: 330.682.7435
Fax: 419.522.0463
Ernie Coffman/Promoter - 419.522.8761
Chuck Griffith/General Manager - 419.496.9775
Email: [email protected]
September 14, 2007
FOR IMMEDIATE RELEASE:
Continued Litigation Forces Cancellation Of Wayne County Speedway’s ‘Freedom Fighters 50’
Orrville, OH --- This Saturday night's 4th Annual Freedom Fighters 50 for Super Late Models & Sprint Cars extravaganza at Federated Auto Parts Wayne County Speedway in Orrville, OH has been canceled due to ongoing and impending legal action against the popular north central Ohio dirt track. The legal action originated in 1988 under previous ownership (Case No.: 87-CI-288, Wayne County). After 19 years of legal action and proceedings coupled with more threats of additional legal action by two neighbors, the track, in its 42nd season of operation, will be unable to race on Saturday September 15.
The legal process has been ongoing for nearly two decades. The case, now in the Court of Appeals (Case No. 07-CA-0027), has hampered the operation of the speedway based on the plaintiffs' claims that the speedway is not complying with a Consent Decree reached in 1988.
Further threats of additional legal action just two days prior to the speedway's planned September 15 'Freedom Fighters 50' race, an event that recognizes and honors the contributions of our country's military forces as well as our country's domestic safety services men and women, forced cancellation of the event.
"We are extremely disappointed that we couldn't run this race and event on September 15," commented Ernie Coffman, who purchased the speedway four years ago. "I mean, here we are trying to acknowledge the sacrifices of our armed forces in addition to our police and fire personnel and we have been thrown yet another roadblock. It was also our annual Kids Nite and Back To School Nite, a night that families traditionally enjoy, especially the hundreds of children that attend, and that too is now not happening."
Management, which has only been able to run twice since experiencing a fire on April 21 that destroyed the concession stand and office, is puzzled by the latest round of potential threats of additional lawsuits and litigation.
Two days prior to the scheduled season-ending race, management received a letter from the plaintiffs' attorney, Marie L. Moore, that said, in part:
"My clients are concerned that Wayne County Speedway has scheduled and plans to conduct a racing activity at the speedway premises on Saturday September 15, 2007 with a proposed rain date of Sunday September 16, 2007.
"My clients believe any race-type activity conducted by the Speedway after the close of the season, September 3, 2007, and before the opening of the season on the third Saturday of April 2008, is in violation of the May 9, 1988 Consent Decree. Further, my clients hold the position the May 9, 1988 Consent Decree does permit any type of race activity at the Speedway on
Sunday at anytime of the year.
"This letter will serve notice by the Plaintiffs that upon the Defendants that this matter will be presented to the court for decision should the Defendants conduct the racing activity on September 15 and/or September 16, 2007 as presently planned."
Management immediately conferred with the speedway's attorneys, the law firm of Weldon, Huston & Keyser, who drafted a letter of response immediately which stated, in part:
"We previously responded to the issues raised in your letter in my March 28 and April 6, 2007 letters to you, which Mr. Forrer did not respond to. "Again, in good faith and an effort to understand Mr. Forrer's position, we would ask that you explain to us the basis for this position that the 'May 9, 1988 does permit any type of race activity at the Speedway on Sunday at anytime of the year' as stated in your letter.
"We are unable to find that prohibition in the Consent Decree. Further, as I stated to you in the March 28 letter, and as the attached 2003 schedule for Wayne County Speedway indicates, at a minimum, racing was held at the Speedway that year on Sunday May 18, Sunday June 22, Sunday September 14 and Sunday September 28. Thus, we are at a loss to understand on what basis Mr. Forrer's claim that Sunday racing is prohibited."
"In addition, as I noted to you in my March 28 letter, racing at the Speedway continued as late as October 15 in 1999, October 28 in 2000, October 5 in 2002, and September 28 in 2003. The schedules for those years are attached. Mr. Coffman had no involvement in Wayne County Speedway during those years. We are not aware of any contention by Mr. Forrer that the events on those days violated the Consent Decree. Certainly no contempt action was filed. As a result, please explain how racing on September 15, 2007 is a violation of the Consent Decree, as all of the information we have indicates that is not the case."
And so it goes once again as litigation is once again threatened against the speedway.
Management and staff are perplexed as to the reasoning behind the current threat of legal action in light of the fact that the speedway has been in operation for over four decades and has always been strived to be a good neighbor and contributing member of the community.
Over the years the speedway has raised money and awareness for a variety of social service organizations including the Wayne County Committee for Crippled Children, Wayne-Holmes Soap Box Derby, Boy Scouts, Racing With Jesus Ministries, Orrville Boys & Girls Club, other organizations and scholarships. Additionally, the track's slate of 'Faster Pastor' races raised money and food for local food banks.
The speedway has also provided an economic impact to the Orrville and Wayne County region over the years via purchases made by race teams and race fans at area gas stations, grocery stores, motels, department stores and tourist attractions in addition to the many businesses that the speedway has utilized over the years for services and products.
Additionally, the speedway has provided full and part time employment over the years for over 50 individuals annually. The track has also been a source of revenue for local, county, state and federal taxation departments.
The speedway always provided a safe environment for families to enjoy a night of entertainment and over the years several generations of race fans, drivers and staff members have supported and enjoyed the activities at the speedway.
The idea to build Wayne County Speedway came in late fall 1964 when N.E. 'Pete' Jacobs, Harve Jacobs, Wellman Lehman, Myron Werntz and Gary Bossler came together as track officers to form a corporation for the speedway. Using 26 acres of his own land across the road from his home, Jacobs and the management team soon had many enthusiastic investors (stockholders) on board including Ken Jacobs, Bob Auten, Clyde Shoup, Stanley Huffman, Glenn Davisson, Dale Tope, John Malcuit, Bob Condo, Rich Falk, John Johnson and a number of others.
On a warm Saturday afternoon, May 1,1965, Orrville Mayor Nelson Douglas led a contingent of dignitaries and enthusiastically leaned on a shovel and tossed high the first spade of earth, marking the beginning of construction of Wayne County Speedway, Inc. Opening night was June 26,1965, and the nearly 3,000 seats were packed as fans enthusiastically watched the 'supermodifieds' that would eventually evolve into Sprint Cars. The huge crowd prompted management to announce that additional grandstands would be constructed as soon as possible.
Over the years some previous staff members were either or became attorneys, editors, mayors, business owners, state senators, prosecuting attorneys, disc jockeys, and other vocations.
Management will be announcing further plans and action in the coming weeks regarding the future of the speedway in addition to details about the legal proceedings.
Federated Auto Parts Wayne County Speedway is located nine miles east of Wooster, OH on US Route 30 or 15 miles west of Massillon, OH on US Route 30 then one mile north on Carr Road.
For more information contact: 419.522.8761 (office) or GM Chuck Griffith can be contacted at his office at: 419.496.9775 or via email at: [email protected] For more information on WCS visit: www.waynecountyspeedway.com
-Prepared by Lehman Motorsports Services
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