‘You Can’t Have State Agencies That Ignore The Courts’: New Mexico Horsemen File Ethics Complaint Against State Racing Regulators

The New Mexico Horsemen's Association (NHMA) issued the following press release on Monday, Feb. 28:

The New Mexico Horsemen's Association has filed an ethics complaint against the agencies that regulate racing in the state as part of the ongoing dispute over racetracks unlawfully diverting purse money to go toward track expenses and the racing commission's retaliatory effort to defund the horsemen's organization.

Additionally, the NMHA has asked a judge to hold the New Mexico Racing Commission and the New Mexico Gaming Control Board in contempt for not following an earlier court order that would resume horse owners' contributions to the horsemen's organization.

Gary Mitchell, the general counsel for the NMHA, called it an effort to silence the state's traditional, and largest, advocate for horsemen, representing more than 4,000 Thoroughbred owners and trainers.

“If you start doing away with the advocates that appear before the various state agencies and you exact this kind of retribution, it sets a dangerous precedent,” he said.

The complaint was filed with the New Mexico State Ethics Commission this past Thursday.

The background:

New Mexico legalized electronic slot machines at racetracks in the early 1990s with the stipulation that 20 percent of the net revenue would go toward purses to bolster horse racing and protect the industry's thousands of jobs. The amount comes to more than $30 million a year paid out to racehorse owners competing at the state's tracks. The NMHA — at its own expense — has administered the purse account ever since, with regular audits showing not even a penny has ever been lost or found out of place.

The NMHA has been funded by voluntary contributions from its member horse owners who earn purse money: 1 percent of what their horse earns goes toward the organization's administrative costs, along with a $5 per-start fee earmarked to help members with medical
expenses and a $2 per-start fee for the horsemen's legislative and advocacy efforts.

The NMHA filed suit in the Second Judicial District Court in Bernalillo County in December 2020 to stop the commission's years-long practice of taking horsemen's purse money to pay the racetracks' liability insurance on jockeys and exercise riders, in clear violation of state law. The transfer of purse money to pay track operating expenses has cost horsemen to date more than $8 million.

In retribution, the New Mexico Racing Commission in May 2021 voted to defund the NMHA by cutting off its revenue stream, falsely asserting that purse money was improperly going to the horsemen's organization. (Once purse money is earned by an owner's horse after a race is made official, those funds become that individual's property, in other words, “earned income”, to use however he or she desires, including voluntary contributions to the NMHA.)

The New Mexico Gaming Control Board backed the commission, even after its own hearing officer ruled in favor of the horsemen on this matter. Racing commission chair Sam Bregman also serves on the gaming control board.

In Aug. 2021, District Court Judge Erin B. O'Connell also ruled in favor of the horsemen and stayed the commission's action, meaning horsemen should have been getting those contributions. Mitchell said the commission has not complied with that ruling.

“We have not received any of those contributions,” he said. “We're now asking the judge who issued that stay to hold the racing commission in contempt.”

The NMHA is asking that the monies lost during that time be refunded, totaling approximately $300,000. The ethics complaint accuses the New Mexico Racing Commission and the New Mexico Gaming Control Board of conspiring for the express purpose of undermining the horsemen's representative.

“This was just a power move by the racing commission to show us that they're the regulatory agency and you better not take them on,” Mitchell said. “And if you take them on, you're going to die. 'If you come in here and don't come in on your knees and bow down to us and do exactly what we say, the punishment for you is going to be your destruction.'”

Mitchell believes this case has broader implications for state government in New Mexico.

“What we have here are two state agencies that are refusing to obey a court order and refusing to follow the recommendation of its own hearing officer,” he said. “You can't have state agencies that ignore the courts just so they can diminish those they don't care for.

“This is so un-American, those guys shouldn't be saying the Pledge of Allegiance at the beginning of their meetings.”

The horsemen also filed a federal lawsuit late last June in U.S. District Court against the commission, charging the regulatory body with depriving racehorse owners and trainers of their civil rights as well as other related violations.

The involved parties agreed in November to a “time out” to try to find an amicable solution. Following the horsemen's good-faith effort to negotiate and with no settlement achieved by Feb. 1, the NMHA believes the racing commission was simply attempting to interfere with court proceedings. The NMHA has requested that the court return the case to the federal docket and move forward toward issuing a ruling.

NMHA President Roy Manfredi says the horsemen are left with few options.

“The horsemen feel that since the racing commission is failing to negotiate, the only thing we can do is litigate,” he said. “The chairman of the racing commission runs everything. He runs the gaming and the racing commission. It's a clear conflict that he sits on both boards.

“But beyond that, (the chairman) insists that the money the horsemen were getting was purse funds (from gaming). This is not true. Once a horse runs and I earn a purse, that becomes my money. The horsemen are taxed on that money. We get a 1099 from the racetrack for those funds. After the race, it is no longer gaming funds.”

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Keeneland Conducting Hiring Center, Job Fair for Spring Meet

Keeneland is inviting people who are interested in working at the track during the 2022 Spring Meet from Apr. 8-29 to apply for available positions in one of three ways: Attend the Job Fair Mar. 19, stop by the Hiring Center during March or apply online. Keeneland is looking to fill more than 2,000 positions for the Spring Meet in Concessions, Culinary, Dining, Guest Services, Parking, Retail, Security, Track Kitchen and other areas.

On-site interviews for all positions will be conducted at the Job Fair and at the Hiring Center. Because employment offers may be made on the spot at these events, candidates are asked to bring two forms of identification with them.

The Job Fair will be held Saturday, Mar. 19 from 9 a.m. to 2 p.m. ET. The Hiring Center will be available Tuesdays and Thursdays in March from 10 a.m. to 3 p.m. beginning Mar. 1 and running through Mar. 31. Both events will be held on the second floor of the track's Grandstand. Positions also are listed on Keeneland.com/jobs for candidates to apply any time.

“Keeneland's seasonal workforce is invaluable to our race meet operations,” Keeneland Director of Human Resources John Greene said. “There are many diverse opportunities to be part of the Spring Meet fun, enjoy consistent hours, earn extra money and work with a quality hospitality and operations team.”

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Rood & Riddle to Host Second Annual International Podiatry Conference

Rood & Riddle Equine Hospital will host the Second Rood & Riddle International Podiatry Conference, an educational seminar for veterinarians and farriers, Apr. 15-16 at the Spy Coast Equine Educational Center on Newtown Pike in Lexington, Ky. The conference aims to create a collaborative experience for veterinarians and farriers to work together, increasing and sharing their knowledge of biomechanics, laminitis, and innovations within equine podiatry. It will feature lectures and demonstrations by some of the equine industry's most notable members.

Guest speakers include Dr. Renate Weller of the University of Calgary, Dean, Faculty of Veterinary Medicine. She is joined by Dr. Thilo Pfau, University of Calgary, Professor Faculty of Kinesiology, and Yogi Sharp, DipWCF BSc (Hons) First Class, best known for his platform “The Equine Documentalist,” which brings research to the wider equine community.

Podiatrist Dr. Scott Morrison, the Rood & Riddle Podiatry Center founder, said, “We wanted to hold a conference that incorporated both veterinarians and farriers in a collaborative environment that will inspire all who attend,” Dr. Raul Bras, International Equine Veterinarian Hall of Fame inductee, added, “We hope this will be an opportunity to exchange ideas, learn new techniques, meet each other and facilitate future collaborations for everyone.”

For more information or to register for the course, click here. The conference will be limited to 85 participants.

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In A Time Of Contraction, Saturday’s Brand-New Florida Steeplechase Offers Hope For Expansion

Jump rider Archie Macauley and partner Jessica Berry knew that American steeplechase racing needed a shot in the arm. Their grand plan has taken shape to build up to a fabulous race card on March 5, carving a racecourse out of a Florida field where none existed before and piecing together entertainment to carry what might be the most exciting opportunity on the circuit.

They're bringing steeplechase to the Horse Capital of the World, a natural hook-up between one of the world's most popular horse sports with what's trademarked as the center of the equine sporting universe.

The surprising thing, say organizers of the Florida Steeplechase, is that jump racing hadn't stopped in at Ocala before.

The March 5 meet, running this year as a point-to-point with “preliminary sanction” and advisory support from the National Steeplechase Association, is a hopeful sign of expansion to kick off the 2022 season.

“Ocala is such a horse-friendly town,” says race co-founder and co-chair Macauley. “There's absolutely no reason steeplechasing can't take hold here.”

The amateur steeplechase jockey, bloodstock agent and lifelong horseman conceived the Florida Steeplechase with the help of Berry, his partner in Clarity Thoroughbreds sales agency and an international Thoroughbred horsewoman in her own right. The pair ran with a general notion to expand jump racing opportunities they had a couple years ago, marrying it with a hard-to-refuse offer from the well-regarded Florida Horse Park to host the fledgling meet.

The Florida Steeplechase came together rather abruptly starting in November, “after two years of thinking about it,” Macauley says. Covid had put the project on hold, but as sporting events began to open back up to spectators last summer, they saw an opportunity.

Saturday, the dream becomes reality.

The last steeplechase run in Florida was Little Everglades, which started as an NSA-assisted point-to-point in 2000 and ran with, and without, sanctioning until 2009. There was the short-lived Palm Beach Steeplechase and jump races at Tampa Bay Downs, but never in Ocala.

“We stand behind the meet and will support it in any way we can to create an exciting new event opportunity,” NSA president Al Griffin said in a release. “The goal is to make it part of the calendar in 2023 as a properly sanctioned meet. For now, it's a nice opportunity for trainers and owners to school younger horses and for us to check out the facility.”

Macauley says they've gotten encouragement and support from the association and the entire industry from the start. Shipper Brian Hogan agreed to transport a set of the NSA's national fences down, and Hogan horse vans will ship most of the horses from Camden the six hours south to Ocala.

Brown Advisory's Mike Hankin and steeplechase owner Tom Collins jumped in as early sponsors.

“Everybody's been very supportive,” Berry says.

The partners believe the time is right. “The Horse Park had the first weekend in March available,” Berry adds. “We knew it was ambitious to put this together in essentially three months, but it's a great date at the start of the (NSA) season.

“Plus, it's still in the winter season of other equestrian disciplines in Ocala, plus, it's right before the 2-year-old training sale.”

They're both excited for Saturday, a little relieved the planning process is almost over – for now, anyway. When asked about their duties on race day, Berry and Macauley answer almost simultaneously. “Putting out fires.”

The Course, Of Course

The Florida Steeplechase course – fully-irrigated, 1 1/16th-mile, left-handed – counts for “slightly rolling” by Florida standards, Macauley says, with a slight incline on the final turn. It's otherwise level, across forgiving, well-drained sandy soil. The course was overseeded with annual rye, refreshing the mature turf on what's the Horse Park's main cross-country field.

The Florida Horse Park maintenance crew and a flotilla of professional-level maintenance equipment were critical to putting the track in order quickly. Cross-country jumps are “portables,” so that didn't affect how they sited the racecourse.

Active horsemen and NSA reps Doug Fout and Jack Fisher inspected the facility a few weeks ago, Macauley says, and offered their expertise. He and Berry had borrowed horses and cantered and galloped around and around the big field for weeks before their visit, carefully considering all the angles to design the course.

Turns are marked with cones, the homestretch with snow fence. There's a long straightaway, making for lots of room for tailgate parking on the infield and on the outer rail. The permanent Horse Park stabling is a short walk from the saddling area in the homestretch.

NSA's Bill Gallo and Rug Howard will be there Saturday as advisors. Experienced stewards, including a Florida state steward, will be in the stand.

Post time is 1:15 p.m. for the first of six races – three over hurdles, three on the flat. Pony races run before the main program; the South Creek Foxhounds will parade between races.

In addition to action on the track, there will be lots going on outside the rail. The Gentle Carousel miniature horses will be there for petting and a parade, along with a Clydesdale exhibition. Fashions On The Field, an infield fashion show, is sponsored by Odette.

The original painting created for the Florida Steeplechase by Janice Tindall of the Ocala Art Group will be signed by winning jockeys throughout race day and auctioned to the highest bidder after the last race.

All proceeds benefit the Florida Horse Park, a 501(c)3 charity.

A concert will be held at the end of the day, featuring BigTime Jukebox.

Based on early ticket sales, Macauley expects about 1,000 spectators, maybe more, at the inaugural event. “I can imagine this place could, eventually, easily hold a (Virginia) Gold Cup-sized crowd” – 40 to 50,000.

“That's the point – the Horse Park already hosts hundreds of horses and thousands of spectators (at other competitions,) and it runs totally smoothly.”

“We'll be exposing ourselves to new eyes. The 2-year-old trainers have been very supportive, too,” Berry adds. The Florida Steeplechase runs 10 days before the Ocala Breeders Sales' Company's 2-year-olds in training sale, slated March 15-16. OBS is sponsoring one of the races.

This year there are no purses, but NSA and the other race meets are helping with shipping subsidies, Macauley says. Sponsorship money goes towards course development and race-day expenses. He believes next year will be different, with top prize money attracting top horses. “We want to put on great racing.”

How It Happened

Macauley and Berry dreamed up the idea for a new jump meet a couple years ago on holiday in Kentucky with Berry's family. They linked it to the Florida Horse Park after mentioning their plan to elite event rider Buck Davidson, who serves on the Florida Horse Park board.

Davidson put them in touch with Horse Park director Jason Reynolds. Reynolds invited the couple to visit, and the team began putting the pieces together early in 2020 with the aim of scheduling a meet the next year after the Steeplechase of Charleston in mid-November.

Covid put the plan on hold. But once they nailed down the March date with the Horse Park, Berry says support of the steeplechase community and Ocala community has been their motivating factor.

“The Horse Park has gone above and beyond to make this happen,” she says. “Jason and his team have used their machinery and expertise to help us design, create and maintain the course.

“The Ocala Chamber of Commerce was one of our first points of contact, and the local businesses and horsemen we've spoken to are all looking forward to the event.”

Equine Initiative director for the Ocala Chamber and Economic Partnership, Louisa Barton has been on board from the start, talking up the meet to local businesses and helping drive a vendor fair for race day. Berry and Macauley appeared on Barton's Horse Talk television program to promote the event.

NSA horsemen, especially those based in Camden, South Carolina – winter or year-round, have pledged their support, too. Some former steeplechase horsemen who live in Florida have said they're keen to get involved and participate or help out, Berry adds.

Eventer Buck Davidson, son of legendary eventer and occasional steeplechase rider Bruce Davidson, calls steeplechasing “a perfect fit” for the multi-purpose facility, which since 2005 has hosted everything from western reining to FEI level dressage to combined driving and high-goal polo.

“I've always thought steeplechase racing and eventing (attract) the same kind of people,” fans of the Thoroughbred breed that are, he says, somewhat addicted to running and jumping across the country, fast. “I think steeplechase owners would like to own event horses, and event owners might enjoy owning a steeplechase horse.

“Ocala is a place steeplechase racing needs to be because of (Florida's) rich racing history. Every other equine sport is already here.”

Davidson understands jump racing from the inside: Buck Davidson won one of 19 jump races in the late 1980s and early '90s. His father, Olympian Bruce Davidson, won 14 of 53 starts from 1971-1993, riding some of the nation's top timber horses – Cancottage, Morning Mac, Appolinax, Our Steeplejack and others.

Once they had the location nailed down, Macauley and Berry realized the timeline was tight. “We had a location and a logo in November, not much else though,” Macauley admits. “We had quite a bit of work to do to pull this together.”

They met with steeplechase owner, one-time race rider and Races at Callaway Gardens chair Mason Lampton for insight into the minutia of running a race meet.

Lampton was almost as excited about the project as Macauley and Berry were.

They traveled to Lampton's Columbus, Georgia home near the Callaway Gardens racecourse his father helped carve out of the golf resort more than 30 years ago.

“We talked about everything under the sun,” Lampton says, “medical, ticket sales, fundraising, course design.

“I tried to emphasize – this is a demo, a proof of concept. Next year it'll be better, the next year better yet. It's rare to talk to anybody – especially their age, wanting to start a race meet. Archie and Jessica are very dynamic, very positive.

“You can't get hung up on 'well, it doesn't look like Springdale, or whatever. No. This is a point-to-point this year. It'll change, it'll grow. Like I say to everybody, let's set some cones around the cow field (so to speak) and build it out from from there.

“We need more folks like this in our sport. Take a chance, people. Keep everybody enthused.”

“We couldn't have done this without Mason's help,” Macauley says, plus backing from NSA, Temple Gwathmey Foundation and Steeplechase Owners and Trainers Association. “Mason has been with us every step of the way. He's like our guardian angel.”

“It's come together pretty well,” Macauley adds, “though we wake up a lot, in the middle of the night, worrying we've forgot something.”

This story has been republished with permission from the Temple Gwathmey Steeplechase Foundation.

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