Judge Finds In Favor Of Kentucky Tracks, Commission In Lasix-Focused Civil Case

A judge in Kentucky has denied a motion for summary judgement by the Kentucky Horsemen's Benevolent and Protective Association (KHBPA) and granted a motion for summary judgement by the Kentucky Horse Racing Commission (KHRC), Keeneland, and Churchill Downs in a civil case focusing on furosemide administration. Franklin Circuit Court Judge Thomas Wingate entered his order Nov. 18 after both sides had requested he find in their favor.

Earlier this year, the KHBPA had brought suit against the KHRC and racetracks because it argued the tracks inappropriately created a house rule mirroring proposed changes to state regulation beginning a partial furosemide phaseout in the state. This year was set to be the first time Lasix administration would be pushed back to 24 hours pre-race for all 2-year-olds, but a new rule reflecting this had not completed the regulatory process before the first juvenile races of the year were carded. Churchill and Keeneland wrote race conditions reflecting the impending rule change, which the KHBPA said was beyond the scope of their authority. Moreover, it had argued, the KHRC should not have allowed the tracks to make rules regarding medication. The commission and tracks cited rule language they believed did give them that authority.

After rule language reflecting the 24-hour Lasix administration in 2-year-olds went into effect in August, Wingate ruled, the question became moot.

“The Court must again begin this Order by stating that it is not concerned with any scientific or humanitarian argument in favor of or against the use of Lasix in horses,” Wingate's order read. “This zealously debated topic is not the issue before the Court. Instead, the Court is merely addressing a legal challenge brought by the KHBPA regarding what it alleges is an improper delegation of statutory authority to associations, such as Keeneland and Churchill, by the KHRC.”

The KHBPA had also challenged plans to push back pre-race furosemide administration in stakes races in 2021. Wingate indicated any claims about the legality of that action were not yet “ripe” since stakes races for older horses have not yet been carded under these circumstances.

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Farrier Fund Theme of TRF’s Giving Tuesday Campaign

The Thoroughbred Retirement Foundation (TRF) is encouraging their supporters to join them online on Dec. 1, for #GivingTuesday. Celebrated on the Tuesday following Thanksgiving and the widely-recognized shopping events Black Friday and Cyber Monday, #GivingTuesday kicks off the charitable season, when many focus on their holiday and end-of-year giving.

“The Hoof makes the Horse” focuses on the important TRF Farrier Fund. The TRF is asking their supporters to help them reach their #Hoofgoals of $15,000 to help offset the costs of approximately 3 months of hoof care for the 500 rescued and retired Thoroughbred racehorses in the TRF herd.

TRF invites the “friends of the herd” to join them on social media, sharing thanks, photos and appreciation for farriers around the world with hashtags #hoofgoals, #honkifyouloveyourfarrier, #drop_your_beautiful_farrier, #farriersrock and #trffarrierfund.

“The permanent retirees at our Kentucky sanctuary farm need their feet trimmed regularly, just like most horses, but sometimes we have to make accommodations for the older ones,” said Sara Davenport, TRF Herd Manager. “Their knees or ankles may not be as flexible as they once were, so my farrier makes sure they are as comfortable as possible, even if that puts him in an uncomfortable position. The horses appreciate the extra time and patience he takes when working with on them. A gentle touch goes a long way. I am thankful to James Pendergast for his care for our horses.”

Details on TRF’s Giving Tuesday fundraiser and activities can be found here.

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