Massachusetts General Laws

Mass. Gen. Laws ch. 128A, § 10A (2026)

Exclusion of certain persons

✓ current as of July 2026
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[ Text of section effective until December 15, 2027. Repealed by 2011, 194, Sec. 39. See 2011, 194, Sec. 112 as amended by 2014, 165, Sec. 192; 2016, 176, Sec. 12B; 2017, 56, Sec. 14; 2018, 159, Sec. 14; 2019, 47, Sec. 14; 2020, 1, Sec. 14; 2020, 106, Sec. 14; 2021, 27, Sec. 14; 2022, 128, Sec. 14; 2023, 26, Sec. 20; and 2025, 73, Sec. 73.]

  Section 10A. Any commissioner or representative of the commission or any person licensed to conduct a horse or dog racing meeting, including racing meetings conducted in connection with state or county fairs, shall have the right to refuse admission to or eject from its premises any person whose presence on said premises is detrimental, in the sole judgment of the commissioner or representative of the commission or of said licensee, to the proper and orderly conduct of a racing meeting. Any person who has been notified by any commissioner or representative of the commission or a licensee of a racing meeting not to enter or attempt to enter its premises and who thereafter, without the express approval of any commissioner or representative of the commission or the licensee, enters or attempts to enter such premises while a racing meeting is being conducted therein, shall be punished by a fine of not more than one thousand dollars or by imprisonment for not more than six months, or both. Any person so excluded by any commissioner or representative of the commission or by a licensee shall have a right of appeal to the commission. The commission shall hold a hearing within ten days after any such person requests an appeal and may after such hearing by vote allow such person admission to such meeting.

Notes of Decisions
Cited in 4 cases, 1984–1998 · leading case: Hotchkiss v. State Racing Comm'n, 701 N.E.2d 642 (Mass. App. Ct. 1998).
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Hotchkiss v. State Racing Comm'n, 701 N.E.2d 642 (Mass. App. Ct. 1998). · cites it 5× “Such a search requires rejection of an interpretation of G. L. c. 128A, § 10A, that engrafts a precondition not contained in the statute or warranted by the underlying rationale of the relevant case law: i.”
Solimeno v. State Racing Comm'n, 509 N.E.2d 1167 (Mass. 1987). · cites it 4× “On the following day, Wonderland issued ejection notices to the plaintiffs pursuant to G. L. c. 128A, § 10A (1984 ed.). That statute provides in part that “any person licensed to conduct a horse or dog racing meeting .”
Catrone v. State Racing Comm'n, 459 N.E.2d 474 (Mass. App. Ct. 1984). “§ 1983 (1970) arising from the 1976 exclusion. As already pointed out (see note 4, supra) we (and the racetrack and the commission) do not regard this case as based upon § 10A, but upon rights of the racetrack, remaining to it as a private corporation despite statutory…”
Catrone v. Ogden Suffolk Downs, Inc., 683 F. Supp. 302 (D. Mass. 1988). “In this case, the state law issue on which this court grounded its abstention was whether a race track could, under M.G. L. c. 128A § 10A, exclude a trainer who was licensed to race in Massachusetts by the MRC.”
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