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CRISSMAN v. DELAWARE HARNESS RACING COM'N

No. 41/42, 2001.

791 A.2d 745 (2002)

Charles F. CRISSMAN, Jr., and Melvin Wayne Givens, Appellants Below, Appellants, v. DELAWARE HARNESS RACING COMMISSION, Appellee Below, Appellee.

Supreme Court of Delaware.

Decided: February 22, 2002.

Attorney(s) appearing for the Case

Constantine F. Malmberg, III, Esquire, of Young & Malmberg, P.A., Dover, Delaware, for Appellant Crissman. Rebecca Batson Kidner, Esquire, of Rebecca Batson Kidner, P.A., Dover, Delaware, for Appellant Givens.

John A. Eberly, Esquire, of the Department of Justice, Wilmington, Delaware, for Appellee.

Before VEASEY, Chief Justice, WALSH and BERGER, Justices.

PER CURIAM.

In this appeal, we consider the constitutionality of Delaware Harness Racing Rules prohibiting "improper conduct" and conduct that may "adversely reflect on the honesty and integrity of horse racing." Two horsemen were sanctioned for secretly taping a conversation with a Commission official in an effort to obtain incriminating evidence from him. We conclude that the Commission rules are unconstitutionally vague...

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