The Maryland Racing Commission yesterday heard testimony from Sid Alpert regarding a complaint he filed May 2 in Howard County Court against Freestate Raceway, but decided not to take any action.

Alpert said his video patrol firm, Electronic Race Patrol, has been denied access to $175,000 worth of equipment the company installed at Freestate last year. Freestate canceled Electronic's contract at the end of its 1984 meet, Alpert said.

Alpert has filed a complaint with the court seeking to allow his firm either to remove its equipment or be compensated for its use. Alpert said if he receives permission from the court to remove his equipment, he will do so during Freestate's meet, which opens today and runs through Sept. 29.

Maryland racing rules require video equipment be in operation at a track conducting a race meet. International Sound holds Freestate's video contract.

William Linton, executive director of the Maryland Racing Commission, said board members took no action because they thought the matter ought to be settled in court. Alpert declined to comment.

Freestate opens tonight for what promises to be one of the richest meets in Maryland racing history, with purses totaling over $7 million.

Major races for 2-year-olds include the Potomac for colts on July 27, which carries an estimated purse of $600,000, and the Lady Baltimore for fillies on Aug. 24 ($400,000).

Nihalator, the top 2-year-old pacing colt of 1984, will make his first four starts of the season at Freestate, beginning with the $50,000 Homecoming Saturday.

This month, Freestate will be dark Tuesdays only. From June through August, the track will be dark Mondays only. Post time is 7:30 p.m. weekdays and 6 p.m. Sundays.

Rosecroft Raceway closed out its winter-spring meet last night with an average handle of $493,309, a 4.0 percent increase over last year. Average attendance was 4,323, a 1 percent increase. Bryce Truitt was the meet's leading driver and Roger Hammer the leading trainer.