A horse racing fan who plastered signs near the Atlantic City Race Course on the Black Horse Pike last spring lost his trespassing battle in Hamilton Township court.

Judge H. Robert Switzer found Eric Kalet, 34, of Egg Harbor Township, guilty of criminal trespassing on the race course property. Switzer ruled Thursday that Kalet must pay a total of $208 in fines and court fees.

Switzer said he declined to give the maximum penalty, 30 days in jail and a $500 fine, because it was Kalet's first offense.

The signs direct people to visit www.saveacrc.com, which Kalet set up in 2005 to drum up interest in the 61-year-old race track.

While Kalet received a warning from the race course officials about his signs last year, Kalet said he was careful to avoid private property when he posted the signs again in April. Kalet and his attorney, Robert Herman, also argued that the case was an attempt to stifle freedom of speech.

Eric Kalet, 34, of Egg Harbor Township, runs www.saveacrc.com, a Web site devoted to promoting and reviving the 61-year-old race course off the Black Horse Pike. Kalet started the Web site in 2005 and plastered signs all over the Hamilton Mall, the Black Horse Pike and surrounding woodlands pushing his interest in revamping the race course.

But it was a Web site sign on Leipzig Avenue, near the race course, that got Kalet in trouble in late April. He received his defiant trespassing charge, a misdemeanor, in the mail.

If guilty, Kalet could face 30 days in jail and a $500 fine. The case will be decided by Judge H. Robert Switzer.

Maureen Gallagher Bugdon, president of the Atlantic City Race Course, declined to comment. Gallagher Bugdon, who serves as vice chairwoman of the Hamilton Township Republican Committee, said the case has nothing to do with politics.

Township Prosecutor Robert J. Pinizzotto could not be reached Wednesday.

Kalet said he is innocent. He said that last year he inadvertently posted some signs on the race course property and he was careful to avoid the same mistake this year.

“Like I said, it's kind of ridiculous. How could I trespass if I didn’t go onto the property? … I didn’t step one foot in the fenced area,” Kalet said.

Kalet's attorney, Robert Herman, said the case boils down to freedom of speech.

“He has the right to express his view,” Herman said. “The country is founded on individuals' rights to express their view and encourage discussion. This one obviously involved land use and, in this area, it’s one of the greatest topics of public discussion, especially in high-growth areas in the Pinelands jurisdiction.”

Complicating matters, Kalet, a Democrat, is running for Egg Harbor Township committee this November. If he is found guilty, Kalet was concerned he might not be able to continue his campaign.

“We'll have to cross that bridge when and if I come to it,” he said.

Marc Ginsberg, the chairman of the Egg Harbor Township Democratic Committee, said he has other candidates lined up in case Kalet has to step down.

To e-mail Michelle Lee at The Press:

MLee@pressofac.com