Temporary Stay From August Lifted in Different HISA Suit

The United States Court of Appeals for the Fifth Circuit, which on Friday issued the landmark order declaring that the Horseracing Integrity and Safety Act (HISA) is unconstitutional, has made a second HISA-related ruling in a separate case.

This order, which was also filed Nov. 18 but got overshadowed by the broader ramifications of the non-constitutionally ruling, lifts an “administrative stay” that had been issued back in August in a case in which Louisiana, West Virginia, the Jockeys' Guild, and other parties sued the HISA Authority, the Federal Trade Commission (FTC), and board members and overseers of both entities, also over alleged non-constitutionality issues.

The plaintiffs had sued in District Court for an injunction against implementation of the HISA rules until a final decision was made on constitutionality. That injunction was granted, but HISA and the FTC then went to the Fifth Circuit and lodged an appeal that stayed the injunction.

Now that stay has been lifted, allowing the injunction against HISA regulations to become active for the plaintiffs once again.

“In a separate case decided today, our court has ruled that HISA is facially unconstitutional under the private non-delegation doctrine,” the Nov. 18 order stated. “Accordingly, we remand this case to the district court for further proceedings in light of [the other referenced case].”

A footnote in the ruling further explained that, “The stay suspended the injunction to the extent the district court found the rules generally violated the [Administrative Procedure Act's] notice-and-comment requirements. The stay left the injunction in place, however, as to three specific rules that the district court found exceeded the FTC's authority under HISA.”

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McGaughey To Serve 15-Day Suspension For Kentucky Acepromazine Positive

Hall of Fame trainer Claude “Shug” McGaughey III will serve a 15-day suspension for an acepromazine positive in his trainee Smokin T, who finished second in the $200,000 Audubon S. at Churchill Downs on June 4. McGaughey was also fined $500.

The Kentucky Horse Racing Commission published the ruling on Nov. 20, 2022.

Smokin T tested positive for a metabolite of acepromazine: 61.2 ng/ml of 2-(1-hydroxyethyl) promazine sulfoxide. The positive was received from the University of Kentucky Equine Analytical Chemistry Laboratory, and confirmed by Texas A&M Veterinary Medical Diagnostic Laboratory.

KHRC stewards issued McGaughey at 30-day suspension, but 15 of the days were stayed due to mitigating circumstances (number of violations in relation to overall record), pending the trainer does not trigger an additional Class A or B drug ruling against him within one year from the date of the ruling. As a result, McGaughey's suspension will run from Dec. 5 through Dec. 19, inclusive.

Smokin T was disqualified, and purse money ordered redistributed.

Find the full text of the KHRC ruling here.

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‘At The Top Of His Game’: Whereshetoldmetogo To Defend Title In Friday’s Bender Memorial

Madaket Stables, Ten Strike Racing, Michael Kisber and BTR Racing, Inc.'s Whereshetoldmetogo, exiting his first loss of the year, returns to his preferred track and distance as he seeks a second straight victory in Friday's $75,000 Howard and Sondra Bender Memorial at Laurel Park.

The seven-furlong Bender for 3-year-olds and up and $75,000 Politely for fillies and mares 3 and older sprinting six furlongs, both restricted to Maryland-bred/sired horses, come on the first of back-to-back stakes days over Thanksgiving weekend.

On Saturday, Laurel will serve up three $100,000 stakes – the 1 1/8-mile Richard W. Small for 3-year-olds and up, City of Laurel for 3-year-olds and Safely Kept for 3-year-old fillies, each going seven furlongs.

Post time for the first of nine races Friday is 12:15 p.m.

A 7-year-old gelding trained by Laurel's fall meet leader Brittany Russell, Whereshetoldmetogo owns 17 career wins, 13 in stakes, and is 8-for-11 over his home track including a rallying neck victory in last year's Bender. It was his last time trying seven furlongs, a distance where he has four wins and a second from six tries.

In his most recent start, Whereshetoldmetogo ran second as the favorite, beaten a half-length by No Cents in a 5 ½-furlong open allowance sprint Oct. 29 at Delaware Park under jockey Sheldon Russell. The loss snapped a four-race win streak, all in stakes, that began with the restricted Not For Love March 19 at Laurel.

“He didn't run bad last time. Sheldon just really had no chance to get him out,” Brittany Russell said. “The winner got the jump on him on the outside, and 5 ½ [furlongs] really isn't ideal. I think he ran his race.

“He's good,” he added. “Everything's good. He's full of himself, happy, wanting to do more in the mornings, so it's good to see. He seems to be in a good place.”

Since joining Russell, Whereshetoldmetogo has 10 wins, nine in stakes, from 17 starts and is on the verge of $1 million in lifetime earnings at $967,795. A win in the Bender would push him over the top.

“That's just it, he's staying where he is and holding his form so well. That's an accomplishment for everybody,” Russell said. “For him, to be an older horse and still be at the top of his game, it's nice.

“He still loves it. He's happy. This is what he knows. He loves the lifestyle. Trust me, he's got a great life,” she added. “He gets to go out in the round pen, he comes out in the afternoons, he's got a really good schedule and I think he's just happy with what he does every day. It's just good. If he started to lose interest and show that he doesn't want to do it, no problem. He doesn't owe us anything.”

Jevian Toledo is named to ride from Post 3 in a field of eight. Whereshetoldmetogo can pass retired multiple stakes-winning mare Hello Beautiful as the richest horse Russell has ever trained.

“Hello Beautiful would have been my next horse kind of like [him], but she kind of showed us when she was tailing off,” she said. “He hasn't done that yet, and I hope he doesn't.”

Among the competition for Whereshetoldmetogo are fellow stakes winners Monday Morning Qb, Alwaysinahurry and Tappin Cat. Claimed by owner-trainer Norman 'Lynn' Cash for $62,500 in August at Delaware Park, Monday Morning Qb has raced three times for his new connections including a fifth in the Maryland Million Classic, a race he won in 2021.

Monday Morning Qb returns to sprinting after four straight starts at a mile and 70 yards or longer. Most recently he was a popular one-length winner of a 1 1/16-mile optional claiming allowance Nov. 7 at Laurel under apprentice William Humphrey, who gets the return call from Post 5.

“He likes the front end. He just kind of drags to the front end regardless of where he's at, sometimes to his own detriment,” Cash said. “His last race he was getting out really bad and we were sure needing the wire, and we got it. So, the seven furlongs may help him a little more. It seems like he's got the natural speed to just get there. He just pushes and pushes and pushes.”

Monday Morning Qb ran one more time following the 2020 Maryland Million before going to the sidelines, ending a 19-month gap between races in a June 21 allowance at Parx. Two starts later, Cash dropped the slip to claim him.

“I'm still not completely sure that he's 100 percent in shape. He's getting better every race,” Cash said. “When we claimed him it was early in his comeback. He had some issues that took him out for a year and I think maybe they went easier on him to make sure he didn't reinjure himself. I don't know that we don't do that a little bit, too. I think he's still getting better every race. We're hoping he can get there and catch the lead.”

Mopo Racing's Alwaysinahurry won the 2021 Concern at historic Pimlico Race Course and has placed in two subsequent stakes attempts, most recently finishing third by less than two lengths in the Maryland Million Sprint Oct. 22. Non Stop Stable's Tappin Cat won the Governors Day Handicap last fall and July 7 Sussex at Delaware, where he also ran third behind Whereshetoldmetogo in the Sept. 30 New Castle.

Completing the field are Monday Morning Qb's stablemate Going to the Lead, cross-entered in an optional claiming allowance Monday at Laurel; Twisted Ride, also entered in Saturday's City of Laurel; One Ten and Antipoison.

Late longtime owner-breeders Howard and Sondra Bender were fixtures at Maryland racetracks for nearly four decades. Among their more than 500 winners were graded-stakes winners Secret River, Foufa's Warrior, Promenade Girl, Green Darlin, London Lane and La Reine's Terms.

MM Distaff Winner Fille d'Esprit Returns in $75,000 Politely

C J I Phoenix Group and No Guts No Glory Farm's Fille d'Esprit, popular winner of the Maryland Million Distaff in her prior start, looks to join some good company and give trainer Jerry Robb his third straight victory in the $75,000 Politely.

Robb won the Politely with Anna's Bandit in 2019 and Princess Kokachin in 2021. Honoring Maryland's Horse of the Year in 1967 and 1968, the Politely was not run in 2020 when the coronavirus pandemic altered the stakes schedule.

Fille d'Esprit is an 11-time career winner of $553.381 in purse earnings from 22 starts that went off as the favorite in the seven-furlong Distaff, taking comfortable lead into the stretch and going on to win by 1 ¼ lengths over fellow multiple stakes winner Malibu Beauty. It was her fourth stakes win and second at Laurel following an eight-length romp in the March 19 Conniver.

“She came out of it well,” Robb said. “We're just trying to pick the easiest spots we can, and this looks like pretty good spot.”

Fille d'Esprit drew outermost Post 6 under regular rider Xavier Perez, aboard for 17 of her starts.

“I like the post,” Robb said. “She's on the outside, so she can just stalk.”

Cash is King and LC Racing's Juror Number Four returns to Laurel for the first time since early May after racing the summer and early fall at Delaware Park where she hit the board in five of six starts including two wins and a third in the Sept. 30 Tax Free Distaff.

Based at Laurel with fall meet leading trainer Brittany Russell, Juror Number Four has a 3-2-1 record in eight tries over her home track. Fourth in the 2021 Miss Preakness (G3), she has faced such horses as multiple stakes winners Fraudulent Charge and Cinnabunny, the latter Grade 3 placed.

“This is just a consistent filly, and she's hooked some good fillies in her time,” Russell said. “She's done well. She's just ultra-consistent in the morning. She never misses a beat, and she loves to train. She seems like she's been making good runs in the afternoon to chase them down, so if we can get her a bit of a setup I think she can be a bit of a factor.”

Jeremy Rose comes down from Delaware to get a leg up for the sixth straight race, including a half-length optional claiming allowance triumph Oct. 19 in her most recent start. They will break from the rail.

“Her last race was a great race, and Jeremy really rides her well. They have a good thing going and he's going to come ride her, which is good,” Russell said. “We were kind of toying around with what to do with her. She's a sound, honest racehorse so we're going to keep racing her as long as she wants. She's Delaware-certified and Maryland-bred, so she's the kind of horse you want to have around.”

Hollywood Walk, who has made seven of her nine starts on turf or synthetics; fellow last out winner Paisley Singing; Queen Sheba and Targe are also entered.

Bred and raced by Mrs. Richard du Pont, Politely won 13 stakes and placed in eight others from age 2 to 5, setting an Atlantic City track record in the 1967 Matchmaker and matching it the following year. Retired following the 1968 season, she won 21 of 49 career starts and was a member of the inaugural Maryland-bred Thoroughbred Hall of Fame Class of 2013.

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Thoroughbred Racing Returns To Tampa Bay Downs On Wednesday

Tampa Bay Downs launches its 97th anniversary season of Thoroughbred racing on Wednesday with a nine-race card beginning at 12:38 p.m.

The 92-day meet runs through May 6, plus the season-ending card that kicks off next year's Summer Festival of Racing on June 30. Racing will be held each Wednesday, Friday and Saturday through Dec. 31, with Sundays added to the mix on Jan. 1. There will also be a Thursday card on Dec. 22.

Opening Day admission is free, as it is all Wednesdays during the meet. General admission is $3 on Fridays, Saturdays and Sundays, with children 12-and-under free when accompanied by an adult. Reserved seating and box seats, which are available from ushers on race days, are $5.

Tampa Bay Downs will be closed Thursday for Thanksgiving, as well as Dec. 25 for Christmas and April 9 for Easter.

In addition to its racing schedule, Tampa Bay Downs will present a full slate of fun events for fans of all ages throughout the meet. The promotional calendar kicks off on Saturday, Dec. 3 with the free-to-enter “10 Days of Festivus” Online Handicapping Contest, which runs through Dec. 23 and awards a first-place prize of $1,000.

The following Saturday, Dec. 10, Tampa Bay Downs will play host to the “Corgi Races After the Races,” non-wagering canine affairs that delight even the most grizzled of $2 bettors.

The competition on the racetrack promises to be fast and intense. Last season's leading trainer, Gerald Bennett, and the top jockey, Samy Camacho, have returned to defend their titles. Bennett, who won 36 races last season, is seeking an unprecedented eighth consecutive uncontested title and ninth overall (Jamie Ness won nine in a row, but shared the title in 2009-2010 with Kathleen O'Connell and in 2010-2011 with Bennett).

Most of Bennett's top challengers are back and eager to knock him from his perch, including two-time champion O'Connell, last season's runner-up with 30 victories; Juan Arriagada, fourth with 23; Anthony Granitz, fifth with 21; Jon Arnett, sixth with 19; and Arnaud Delacour, who tied for seventh with 17.

Camacho, who rode 85 winners for his third crown in the last four seasons, will also be hard-pressed to stay on top. His main rivals should include 2022-2023 runner-up Pablo Morales, who won his eighth title at Presque Isle Downs in Erie, Pa., this year; six-time Oldsmar riding champion Daniel Centeno, who tied for fourth with 42; Hector Rafael Diaz, Jr., who also won 42; and five-time champion Antonio Gallardo.

Another jockey who could share the spotlight is 19-year-old apprentice Madeline “Maddie” Rowland, ninth last season with 34 winners. Newcomers who could make an impact include Angel Arroyo, who has almost 1,300 career victories, and Marcos Meneses.

Fans will be greeted by a revamped tote board displaying the “Live it up at the Downs!” logo and new seating throughout the Grandstand. The track maintenance department has installed new breakaway PVC rails around the main dirt track and the inside of the turf course, designed to give way in case of a collision with a horse and/or rider and prevent serious injury.

The track's stakes schedule (see attached), which consists of 26 races worth $3.46-million in total purse money, gets underway on Saturday, Dec. 3 with a pair of $100,000, 6-furlong sprints: the 37th edition of the Inaugural Stakes for 2-year-olds and the 45th Sandpiper Stakes for 2-year-old fillies. Both races have drawn 21 nominations.

The biggest race of the season is the 43rd edition of the Grade 2, $400,000 Lambholm South Tampa Bay Derby for 3-year-olds on Saturday, March 11. The race is part of the “Road to the Kentucky Derby” qualifying series, awarding points to the first four finishers toward qualifying for the Run for the Roses on May 6 at Churchill Downs.

The Lambholm South Tampa Bay Derby, which is run on the main track at a distance of a mile-and-a-sixteenth, is one of five stakes – four graded – worth a combined $1-million on the Festival Day 43 card, including the Grade 2, $225,000 Hillsborough Stakes on the turf, for older fillies and mares; the Grade 3, $200,000 Florida Oaks on the turf, for 3-year-old fillies; the Grade 3, $100,000 Michelob Ultra Challenger Stakes on the main, for horses 4-years-old-and-upward; and the $75,000 Columbia Stakes on the turf, for 3-year-olds.

The next biggest day of the season is Feb. 11, with four stakes headed by the Grade 3, $250,000 Sam F. Davis Stakes for 3-year-olds. The Sam F. Davis is the main prep race for the Lambholm South Tampa Bay Derby and is also a “Road to the Kentucky Derby” points race.

The remaining two Tampa Bay Downs graded stakes will be contested Feb. 4, both on the turf: the Grade 3, $175,000 Tampa Bay Stakes for horses 4-and-upward and the Grade 3, $175,000 Endeavour Stakes for fillies and mares 4-and-upward.

Wednesday's card includes a pair of feature races worth $27,000 apiece. The second race, a 7-furlong maiden special weight contest for fillies and mares 3-and-upward, has attracted six 3-year-olds, with Glen Hill Farm's Kentucky-bred Wandering accorded 9-5 morning-line favorite status.

Wandering is trained by Tom Proctor and will be ridden by Jesus Castanon.

The other co-feature is the eighth race, a 6-furlong allowance/optional claiming race for horses 3-and-upward. Ten are entered, with 5-year-old gelding Expensive Style the 5-2 morning line favorite. He is owned and trained by Arriagada and will be ridden by Jose Batista.

Wednesday's nine races drew 88 entries.

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