July, 2021 | Horse Racing Free Tips

BHA Whip Consultation Opens

The British Horseracing Authority on Thursday opened a 10-week open, public consultation on British racing's whip rules and penalities. The consultation, a recommendation of the industry's independently chaired Horse Welfare Board, aims to gather and assess the views of industry participants, stakeholders and wider audiences regarding the rules, use, and penalties for rule breaches.

The first part of the consultation is an online questionnaire that will be available until Sept. 6 and is open to anyone. The second part of the consultation will involve detailed discussions with relevant parties and focus groups.

Upon conclusion of the full consultation process the data, views and suggestions gathered will be considered by the Whip Consultation Steering Group, which includes representation from across the racing industry and wider sectors including politics, horse welfare and the media. Recommendations will be presented to the BHA Board for consideration and approval in early 2022.

The BHA has published three explanatory videos on how the consultation will work: how the process will work, about the whip and how the whip is used. A Q&A document is also available.

Julie Harrington, chief executive of the BHA, said, “At a time when societal and political views are constantly changing, the future health of our sport will depend in part on the maintenance of social licence and the trust that the public and politicians have in us. The racing industry must be willing to listen to and understand a range of perspectives if it is to prosper and safeguard its long-term future. Moreover, we must have rules and a penalty structure which are viewed as fair to participants and the betting public, which encourage riding within the rules and which deter rule breaches. By carrying out this consultation we are looking to signal and facilitate a positive, open debate about this important issue for our sport from the viewpoint of perception and fairness. We encourage everyone with an interest in the subject to take part in the consultation. This is your opportunity to be heard.”

Brant Dunshea, chief regulatory officer for the BHA, said, “The consultation process will be open and transparent, and the views of all parties are welcome and will be considered. The decisions that result from this process are then racing's to make, guided by the consultation responses and the significant expertise that exists within the Steering Group. We encourage all respondents to make use of the supporting information in the consultation, which explains the current design of the whip, and the rules and penalties relating to its use, to ensure that anyone responding to the consultation is informed by the facts.

“This is a complex issue and not a binary one. The consultation will cover a broad range of ground regarding the use of the whip for encouragement, the rules under which the padded whips are used for this specific purpose, and the penalties for breaches of those rules. We ask everyone involved to take part in this debate constructively and respectfully.”

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Egan To Retire From IHRB

Denis Egan will take early retirement from his role as chief executive of the Irish Horseracing Regulatory Board. After 25 years with the regulator, he will step aside on Sept. 30.

Egan, 60, joined the Turf Club in 1995 and became CEO in 2001. When the Turf Club became the IHRB in 2018 he took on the role of CEO at the new body.

“Irish racing has an enviable reputation worldwide, both for its fairness and integrity and has enjoyed huge success at home and around the world,” said Egan. “I am proud that the Turf Club, and more recently the IHRB, has had a significant role to play in this regard. I believe we now have a strong platform in place to build and grow for the future and I believe the time is right to hand over to a successor to take the organisation to the next level.

“I would like to thank the members of the Turf Club and the Irish National Hunt Steeplechase Committee and particularly the staff of the IHRB for their professionalism and indeed their support down through the years.”

Harry McCalmont, chairman of the IHRB, said, “Denis has made a huge contribution to our organisation, and indeed to the Irish horseracing industry in general both at home and abroad. He is highly regarded throughout the world of horseracing and has served the sport well both in Ireland and internationally. Announcing his decision now allows us to identify his successor in a planned way and we will commence this process soon. While we are sorry to see him leave, we fully respect his decision and would like to wish him well for the future.”

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With Spa Meet in the Balance, NYRA Argues for Upholding Baffert Ban

With a July 12 federal court date looming to decide whether or not Bob Baffert's history of equine drug positives will keep him from entering horses at the upcoming and financially lucrative Saratoga Race Course meet, the New York Racing Association (NYRA) on June 30 filed a memorandum of law that opposes the Hall of Fame trainer's request for an injunction to lift the association's ban against him that has been in effect for the past six weeks.

NYRA told Baffert via letter May 17 that he was temporarily not welcome to stable or race at the association's three tracks (Saratoga, Belmont Park and Aqueduct Racetrack) in the wake of his shifting explanations after Medina Spirit (Protonico) tested positive for betamethasone after winning the GI Kentucky Derby. The initial drug positive was confirmed by split-sample testing at a separate lab approved by the Kentucky Horse Racing Commission.

No ruling has yet been issued over those findings, and NYRA explained to Baffert in that letter that a more precise determination regarding the length and terms of his suspension would be based on information revealed during the course of the ongoing investigation in Kentucky.

On June 14, Baffert filed a civil complaint against NYRA, alleging that the association's ban violates his Fourteenth Amendment constitutional right to due process.

In the June 30 filing in United States District Court (Eastern District of New York), attorneys for NYRA wrote that the association believed it had to act swiftly to bar Baffert, lest his presence jeopardize the integrity and reputation of the GI Belmont S., the third jewel of the Triple Crown and the premier race of the year in New York.

“Plaintiff is a well-known Thoroughbred trainer, whose horses have won numerous significant races,” the filing stated. “But, over the course of Plaintiff's career, his horses have been cited for drug-related violations at least 30 times. In fact, over the 12 months preceding this year's Kentucky Derby, Plaintiff has been fined four times for drug-related violations.”

Medina Spirit at Churchill Downs | Coady photo

Two of those violations were for lidocaine, one was for dextrorphan, and another, like in Medina Spirit, also for betamethasone. Three of Baffert's five most recent drug positives came in Grade I stakes—the Arkansas Derby and Kentucky Oaks in 2020, plus the 2021 Kentucky Derby. The two findings at marquee events at Churchill Downs led the gaming corporation that owns the track to bar Baffert from the entire family of Churchill-affiliated tracks for a period of two years.

The NYRA filing continued: “Although Plaintiff did not then have any horses entered in races or stabled at [NYRA tracks], it was likely, if not certain, that Plaintiff would attempt to enter Medina Spirit in the Belmont scheduled for June 5, 2021.

“Given Plaintiff's history of drug-related violations, Medina Spirit's positive test, Plaintiff's contradictory statements, Plaintiff's [then-temporary] suspension from Churchill Downs, and the fact that the Belmont was fast approaching, NYRA took the only sensible action under the circumstances—it temporarily suspended Plaintiff from entering and stabling horses at its Racetracks.”

The filing also pointed out that the May 17 letter had advised Baffert that if he wished to present to NYRA any information or arguments that might make the association reconsider its ban, he had seven business days in which to do so.

Yet according to NYRA, “Plaintiff never availed himself of this opportunity to be heard or raise any objection with NYRA. Instead, nearly a month after NYRA imposed the temporary suspension, Plaintiff commenced this action…and now moves for a preliminary injunction.”

The NYRA filing outlined three chief legal reasons against granting Baffert the court ruling he seeks to resume racing at NYRA tracks:

“First, Plaintiff fails to demonstrate that he will suffer irreparable injury in the absence of emergency relief. Rather than allege any actual or imminent injury or irreparable harm warranting a preliminary injunction, Plaintiff offers only conclusory assertions of potential harm, speculates that he may lose unidentified clients of the suspension is not lifted, and fails to submit any evidence demonstrating that the speculative loss of clients would substantially damage his business.

“Even if the Court were to consider Plaintiff's potential client loss, such an injury could be remedied through money damages, rendering preliminary injunctive relief inappropriate. Furthermore, Plaintiff's nearly month-long delay in seeking this preliminary injunction undercuts the sense of urgency needed to remedy his alleged harm.

“Second, Plaintiff fails to establish that he is likely to succeed on the merits of his claims. Contrary to Plaintiff's unsupported assertion that NYRA could not temporarily suspend Plaintiff from its Racetracks because it does not own the grounds on which they are located, settled law holds that NYRA had both the common law and regulatory right to exclude anyone, including a licensed trainer, who engages in conduct detrimental to the best interests of racing.

“Moreover, Plaintiff's assertion that NYRA violated his due process rights is incorrect. NYRA was not required to provide Plaintiff an opportunity to be heard before issuing a temporary suspension because NYRA's decision was based on probable cause that Plaintiff's actions warranted suspension and was necessary to protect the safety of the racehorses and their riders…. Plaintiff also fails to allege facts sufficient to show that he is likely to prove that NYRA's temporary suspension of Plaintiff was 'state action'—as required to implicate due process concerns.

“Third, the public interest and balance of equities weigh clearly in favor of NYRA. NYRA is obligated to protect its investment, brand and reputation, and supervise activities at its Racetracks in a manner that fosters the public's confidence in the safety and honesty of the sport.

“Plaintiff's speculative assertions that his business might suffer or that his temporary suspension could last for a significant period of time cannot override NYRA's compelling interests in upholding the integrity of horse racing…. Accordingly, Plaintiff's motion for a preliminary injunction should be denied.”

Craig Robertson, an attorney representing Baffert in this case, did not reply to an emailed request for comment on Wednesday.

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Research Confirms Bisphosphonates Can Linger In Horses’ Bones For Years

Bisphosphonates continue to be a topic of concern in the racing world, most notably raised by a report of a positive test from John Salder trainee Flagstaff, but researchers are still learning about how to find and regulate the drugs in horses. Although two drugs, sold under the trade names Osphos and Tildren, were approved by the Food and Drug Administration for use in horses several years ago, research into the drugs' action in young horses and the length of its life inside the equine body is still catching up. (FDA-mandated testing is focused on safety and efficacy of a new drug, not necessarily the ability of a state racing commission to detect it in a post-race sample from a young racehorse.)

Read more about bisphosphonates in our archives here and here.

Dr. Heather Knych, renowned equine pharmacologist at the University of California-Davis, gave an overview of current research on bisphosphonates at the most recent, virtual convention of the American Association of Equine Practitioners (AAEP).

A few takeaways:

Bisphosphonates may be new to the horse world, where they are FDA-approved for the management of navicular syndrome in older horses, but the drug class has actually been in use in different settings for a couple of centuries. Knych explained that the substance was first used in the detergent industry in the 1800s as a water softener, anti-corrosive or anti-scaling agent. Their action on calcium carbonate made them effective in these settings. They were adapted as therapeutic drugs for human bone conditions in the 1970s.
While we've most often heard of bisphosphoantes in humans as part of osteoporosis treatment, they've also been used in metastatic bone disorders, and multiple myeloma.
We know that after an administration, bisphosphonates disappear from blood fairly quickly – their half life is one to two hours in plasma, but they can linger on bone surfaces for months or years.
Bisphosphonates seem to prefer settling in trabecular bone – bones like skulls and ribs that take less mechanical stress – over cortical bone, like the long bones in limbs. It withdraws from bones based on the amount of turnover in that bone, which can vary depending on age, exercise, and trauma.
Concentrations of bisphosphonates continues to increase as concentrations of it elsewhere decreases. It can also release from bone back into blood in small amounts and move into other bone surfaces, though we don't know a lot about why and when it does that.
Knych presented the results of a two-part study led by researchers across multiple universities to learn more about how long bisphosphonates linger in the skeleton. The first part of the project required administration of the two FDA-approved bisphosphonates – Osphos and Tildren – to a total of four horses in university research programs who were already slated for euthanasia for unrelated reasons. Bone samples were taken after euthanasia, which came four days or 30 days after administration in each drug group. Samples from the radial bones showed detectable amounts of both drugs four days after administration, with levels of Tildren being higher in both samples. Thirty days after administration, both drugs could be found in all bones sampled, even right and left molars. Concentrations of both drugs were highest in the tuber coxae (hips).
In the second phase of the study, researchers tested blood and fluid samples from four horses euthanized due to on-track injuries in California – three whose connections said they'd never had bisphosphonates, and one who had a treatment 18 months prior. The team could find no evidence of bisphosphonates in the three horses with no treatment history. The horse who had been treated 18 months before had no detectable amounts of the drug in serum, urine, or synovial fluid, but did have a detectable level in a sample from the radial bone.
These results suggest, in line with what veterinarians had expected based on human data, that the drug does linger on the surfaces of bone for considerable periods of time, and lives on different bones in different ways.
Knych acknowledged that both parts of the study came from extremely small sample sizes, as is often true in academic research with horses, and that further study is needed to better understand how bisphosphonates work in the equine body.

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