TO ENSURE THE INTEGRITY OF PARI-MUTUAL HORSE RACING. HORSE RACING IS A SPORT WHICH IS EASILY FIXED AT MANY DIFFERENT LEVELS, FROM THE PERSON HAULING THE HORSE INTO THE RACETRACK ENCLOSURE ALL THE WAY TO THE JOCKEY WHO RIDES THE HORSE DURING THE RACE. THIS JUSTIFICATION ARGUES AGAINST A FINDING THAT THE REQUIREMENT OF A SEARCH WAIVER IS, ON ITS FACE, UNREASONABLE, ARBITRARY OR CAPRICIOUS.
THE SEARCH TO WHICH THE APPLICANT MUST CONSENT IS ALSO STRICTLY LIMITED TO THE EXTENT NECESSARY TO HELP PREVENT RACE FIXING. THE SEARCHES PERMITTED BY THE WAIVER ARE LIMITED TO THE CONFINES OF THE ENCLOSURE AND THE APPLICANT'S IMMEDIATE EFFECTS AND HIS PERSON. ADDITIONALLY, THE SEARCH IS LIMITED TO A SEARCH FOR ARTICLES WHICH ARE FORBIDDEN BY LAW, RULE, OR REGULATION FROM BEING IN THE ENCLOSURE. CERTAINLY A SEARCH FOR PROHIBITED ARTICLES, WITHIN THE ENCLOSURES, IS REASONABLY RELATED TO THE EFFORT AND DUTY TO HELP PREVENT RACE FIXING.
IT IS, THEREFORE, THE OPINION OF THE UNDERSIGNED ATTORNEY THAT EACH OF THE PROVISIONS OF THE OCCUPATION LICENSING APPLICATION WHICH YOU NOTED IN YOUR REQUEST WOULD BE UPHELD AS CONSTITUTIONAL.
(JAMES ROBERT JOHNSON)