Indiana Open Wheel - Daugherty Speedway Racing

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Cease and Desist order sent to Daugherty Speedway

By Clayton Doty
editor@hoosiermediagroup.com

The Indiana State Department of Health issued a cease and desist order on Friday to Michael Daugherty and Daugherty Speedway, Inc. concerning their plans to hold a dirt track race on Saturday, May 9 in Benton County. Daugherty said Friday that he would have to get this order to his legal counsel before making a decision to continue with Saturday's race.
The order states they should immediately stop doing business at Daugherty Speedway, Inc., located at 1160 W. 650 S., Boswell, Benton County and that his compliance will be verified. The order also says "that failure to do so will result in additional action which may include: 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."
Earlier in the week, Daugherty received a letter from the Governor's office which says his business is not in this phase of the state's "Back on Track" reopening plan during the current COVID-19 pandemic, but at that time the race track owner said dirt track racing was still on for Saturday, May 9 in Benton County. "As a small business owner I feel it is my legal right to run my business," said Daugherty. "I have to be able to work, pay my bills, pay my taxes. Myself and my employees still have to be able to put food on the table for our families."
Daugherty has been posting on the Speedway's social media all week that the race is going to happen. The letter from the Governor's Office on Thursday signed by General Counsel Joseph R. Heerens says the current executive order does not include a provision for auto racing or karting tracks to begin operations now, and that auto racing and kart tracks are part of the sports venues and entertainment category and are not projected to open until a later phase of the governor's plan. "We are trying to do everything as safely as possible, and we feel we are safer than the Walmarts and big box stores," said Daugherty.
On a conference call with the chief legal counsel and the state police superintendent, Daugherty presented them his plan for Saturday's race. Daugherty said he's tried to contact local officials including the sheriff and one of the Commissioners of Benton County but received no response.
Daugherty said they are planning social distancing at the Speedway and that all staff is going to have their temperature taken before the track opens and they will be wearing masks. He also said that Saturday everyone will be required to social distance who aren't co-habituating. "So obviously if a family comes they can sit together, but everyone else has to be six feet apart," said Daugherty. He said contact-less tickets were sold online and the drivers' meeting was going to take place over radio so everyone wouldn't congregate.
"We cancelled one of our biggest money makers which was the concession stand, so we didn't have people congregating around and standing closely together," said Daugherty. He said they are also not allowing anyone in the pits to go into the stands and that only one driver and one crew person will be allowed in the staging lane.
Daugherty said pushing this issue has been a good move for racing, because before he addressed it, the state was saying tracks couldn't even be open at all until July 4 according to the executive order by Governor Eric Holcomb. Now according to the response they received, beginning May 11, closed testing and practice sessions are allowed as long as they follow the gathering guidelines of no more than 25 people, follow social distancing practice, and those 65 and older or with high-risk medical conditions aren't on site. "So it was a good concession on the governor to at least let dirt tracks make a little bit of money by issuing practice by less than 25 people," said Daugherty. "But I don't think it's gone far enough."
Daugherty did say he was extremely appreciative of the governor for extending that offer to at least let them make a little bit of revenue and that their voice is being heard now.
"By no means are we wanting to put anyone in jeopardy or in harm's way, so we completely respect everyone's opinion, even those who disagree and say we should just stay home and follow the governor's executive order," said Daugherty. "Our goal is not publicity, this is not a publicity stunt, we are just wanting to stand up for our rights and make a living and put food on the table for our families." Daugherty said the government specifically excluded race tracks from any kind of support or funding or payroll help, which puts them in a very hard place. "So with no support or anyway to make any revenue or operate they are literally bankrupting every small business that can't operate," said Daugherty.