With the annual spring Foxfield races scheduled to take place in 15 days and the status of its liquor license in jeopardy, Foxfield officials said they will propose a settlement to the Virginia Alcoholic Beverage Control Board later today.
If Foxfield's offer is accepted, it will negate the need for an appeals hearing scheduled for Tuesday, April 15. Foxfield currently is appealing the revocation of its liquor license stemming from a decision by the Virginia ABC in late February.
Although details of the offer could not be disclosed, the compromise will be similar to a recommendation from a Virginia ABC hearing officer earlier this year, Foxfield President and Legal Council J. Benjamin Dick said.
That resolution placed Foxfield on probation for three years and ordered an $8,000 payment to cover the cost of the investigation. Although Dick said Foxfield was willing to accept the decision, Virginia ABC officials in Richmond later chose to reject it, opting instead to revoke Foxfield's liquor license.
Foxfield's appeal of that decision is the basis of Tuesday's hearing. If their appeal fails, Foxfield will be forced to take the issue to circuit court, Dick said. Until the legal proceedings conclude, the April 26 race event will continue as planned.
"As long as this matter is being adjucated, we have a right to go forward with our race day," he said.
Foxfield tickets are being sold as Invitation Only this year, instead of as General Admission, making it a private event, Dick said. Tickets also will no longer be sold at the gate, but must be purchased in advance. State law does not require a liquor license for private gatherings.
"If you purchase a spot, you own that for the day," he said. "You can serve and consume legally- obtained alcohol."
A Virginia ABC spokesperson declined to comment on the pending case yesterday, citing legal concerns.
This is not the first time Virginia ABC has taken issue with Foxfield. In the past, there have been concerns over traffic disruptions, drunk driving and disorderly conduct, said second-year Law student Wyeth Ruthven, who has been conducting pro bono legal research for Foxfield.
George W. Bailey, a retired Albemarle County sheriff and chief of police who used to serve on Foxfield's board, said the recent lack of police presence at Foxfield could be responsible for these problems.
"Police said they aren't going to enforce the law," he said. "I think that law enforcement has more work to do."
While programs such as Safe Ride Home and Savvy Fox, which provides medical care for intoxicated attendees, have previously been available, students are not always aware these services exist, Ruthven said.
"I think Foxfield has always made a good faith effort to curb underage drinking at their event," he said. "The more students know about the rules, the better it's going to be."
The scrutiny Foxfield faces is not consistent with Virginia ABC's treatment of other events, such as University football games and NASCAR, Dick said.
"Students are being singled out at a perfectly wonderful event," he said.
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