INHERENT DANGER AND POTENTIAL FOR LIABILITY. A COURT WOULD HAVE TO DETERMINE IF THIS REQUIREMENT HAS A REAL AND SUBSTANTIAL RELATION TO THE END SOUGHT. IN THAT THE OKLAHOMA HORSE RACING ACT GRANTS THE COMMISSION "FORCEFUL CONTROL OF RACE MEETINGS HELD IN THIS STATE" (3A O.S. 203.7), AND SINCE IT HAS BEEN DETERMINED BY THE COMMISSION THAT THIS IS A NECESSARY AND MINIMALLY INTRUSIVE WAY TO ENSURE COMPLIANCE, THIS PARAGRAPH APPEARS REASONABLE AND BEARS A SUBSTANTIAL RELATIONSHIP TO THE OBJECT SOUGHT. NEBBIA, 54 S.CT. AT 511-512. FURTHERMORE, THIS PROVISION APPEARS DIRECTLY RELATED TO THE STATE'S GOAL OF ENSURING WORKERS' COMPENSATION COVERAGE WHERE MANDATED. THE PARAGRAPH IN QUESTION CREATES NO ADDITIONAL BURDEN OR REQUIREMENTS ON APPLICANTS. IT MERELY REQUIRES DISCLOSURE OF COMPLIANCE PRIOR TO THE GRANT OF A LICENSE TO DO BUSINESS IN A HEAVILY REGULATED AREA. ADDITIONAL RESEARCH INDICATES THAT OTHER REGULATORY BODIES AND EVEN INDIVIDUAL RACETRACK OWNERS AROUND THE COUNTRY HAVE CHOSEN TO EMPLOY THE SAME REQUIREMENT.
IN THE FINAL PARAGRAPH OF THE APPLICATION, THE APPLICANT ALSO MUST AUTHORIZE A BACKGROUND CHECK. THIS PROVISION WAS DEEMED NECESSARY BY THE COMMISSION, AS IT IS BY SOME OTHER REGULATING BODIES, IN ORDER TO ENSURE THE BACKGROUND OF INDIVIDUALS WHO ARE TO BE GIVEN THE STAMP OF STATE APPROVAL TO ENGAGE IN AN OCCUPATION. THE COMMISSION HAS BEEN CHARGED WITH THE RESPONSIBILITY TO REGULATE HORSE RACING IN A WAY WHICH WILL PROTECT THE PUBLIC. SECTION 204 GRANTS THE COMMISSION SUPERVISION OF ALL PERSONS ON THE PROPERTY OF AN ORGANIZATION LICENSEE. SECTION 203.7 CHARGES THE COMMISSION WITH THE DUTY TO MAINTAIN THE INTEGRITY OF HORSE RACING IN THIS STATE. REQUIRING THAT APPLICANTS SUBMIT TO A BACKGROUND CHECK DOES NOT SEEM AN UNREASONABLE, ARBITRARY, OR CAPRICIOUS REQUIREMENT, ESPECIALLY IN A SPORT LIKE HORSE RACING IN WHICH LITERALLY MILLIONS OF DOLLARS CHANGE HANDS IN A DAY. A BACKGROUND CHECK WOULD APPEAR TO BE AN APPROPRIATE METHOD BY WHICH TO ACCOMPLISH THE DESIRED END: DISCOVERING BACKGROUND INFORMATION WHICH MIGHT SUGGEST THAT AN INDIVIDUAL IS NOT AN APPROPRIATE CANDIDATE FOR LICENSURE BECAUSE HE REPRESENTS A THREAT TO THE PUBLIC.
FINALLY, THERE IS THE REQUIREMENT THAT AN APPLICANT CONSENT TO A SEARCH WHERE SUCH A SEARCH IS PROVIDED FOR BY LAW OR REGULATION. THE ACTUAL WORDING OF THAT PROVISION IS AS FOLLOWS:
"I AGREE TO COMPLY WITH THE RULES AND REGULATIONS OF THE OKLAHOMA HORSE RACING COMMISSION, THE LAWS OF THE UNITED STATES OF AMERICA, THE STATE OF OKLAHOMA, MUNICIPALITIES AND OTHER SUBDIVISIONS THEREOF, AND CONSENT TO ANY PROVISIONS WHICH MAY BE CONTAINED IN THEM FOR SEARCH, WITHIN THE ENCLOSURE OF AN ORGANIZATION LICENSEE, OF ANY PREMISE WHICH I MAY OCCUPY OR CONTROL OR HAVE A RIGHT TO OCCUPY OR CONTROL AND ANY PERSONAL PROPERTY AND EFFECTS INCLUDING A PERSONAL SEARCH, AND THE SEIZURE OF ANY ARTICLE, THE HAVING OF WHICH WITHIN SUCH ENCLOSURE MAY BE FORBIDDEN BY LAW OR COMMISSION OR RACETRACK RULE OR REGULATION."
THE ABILITY TO PERFORM THE TYPE OF SEARCH PERMITTED BY THIS WAIVER IS A NECESSARY PART OF THE HORSE RACING COMMISSION'S DUTY