It’s a good thing the connections of Secretariat had their confidence built up by their star’s performance in winning the Kentucky Derby, because they needed every bit of it to fend off the demons and bad omens that swirled around the Preakness Stakes at Pimlico Race Course, May 19, 1973.
Month: May 2023
Preakness Stakes Superfecta Selections From Veteran Racing Writers
Bob Ehalt and Tom Pedulla became fast friends when they met on their first day at Fordham Preparatory School in the Bronx, N.Y., in 1970. Bob soon introduced Tom to the joys of Thoroughbred racing.
WSJ Editorial Board Weighs In On HISA
In Thursday's Wall Street Journal, the editorial board weighed in on the Horse Racing Safety and Integrity Act, with the traditionally conservative newspaper praising the current Supreme Court's “vital work policing the Constitution's separation of powers.”
“It soon may get another chance in a case over whether a private horse-racing authority can deploy regulatory powers usually reserved for the federal government,” they write. “HISA was shepherded by Kentucky Sen. Mitch McConnell, and anyone who follows the racing industry knows the Minority Leader's interest in creating national standards for safety and fairness. Most trainers are honest and reputable, but doping scandals and racehorse deaths have troubled the industry as trainers push animals to win high-stakes races. The issue is the regulatory vehicle. When Congress created HISA, it delegated its authority to the private association to regulate the sport nationwide. The authority was ostensibly under the umbrella of the Federal Trade Commission, but in reality it was running the show. In November 2022, the Fifth Circuit Court of Appeals ruled the law unconstitutional because the association had final say on regulation.”
They went on to call the “tweaks” made by Congress to satisfy the constitutionality measure “still slim power for the FTC to wield within a far larger grant of power to the private authority.”
The Journal points out that the case now heads back to the three-judge panel on the Fifth Circuit Court that heard it the first time, which could set up a Supreme Court hearing if they disagree with the Sixth Circuit, which found the “tweaks” to be sufficient to satisfy the constitutionality question.
“The Supreme Court has signaled its interest in hearing a private non-delegation case,” the Journal writes. “Denying certiorari in 2022's Texas v. Commissioner of Internal Revenue, Justice Samuel Alito (joined by Justices Clarence Thomas and Neil Gorsuch) wrote that there is a `fundamental question about the limits on the Federal Government's authority to delegate its powers to private actors' and therefore a `need to clarify the private non-delegation doctrine in an appropriate future case.' Here it comes.”
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Weekly Stewards And Commissions Rulings, May 9-15
Every week, the TDN publishes a roundup of key official rulings from the primary tracks within the four major racing jurisdictions of California, New York, Florida and Kentucky.
Here's a primer on how each of these jurisdictions adjudicates different offenses, what they make public (or not) and where.
With the Horseracing Integrity and Safety Act (HISA) having gone into effect on July 1, 2022, the TDN will also post a roundup of the relevant HISA-related rulings from the same week.
California
Track: Santa Anita
Date: 05/12/2023
Licensee: Timothy Miller, owner
Penalty: Suspended license
Violation: Failure to appear for a hearing
Explainer: Owner Timothy Miller (DBA: ATREIDES RACING, LLC), having failed to respond to written notice to appear before the Board of Stewards at Santa Anita Park on May 11, 2023, is suspended for violation of California Horse Racing Board rule #1547 (Failure to Appear), pending an appearance at a hearing before the Board of Stewards to answer to charges alleging violation of CHRB rule #1876 (Financial Responsibility $2,084.55 to KC Horse Transport, Inc.). Suspension to commence May 19, 2023.
Florida
The following was taken from the ARCI's “recent rulings” webpage.
Track: Gulfstream Park
Date: 05/5/2023
Licensee: Eduardo Azpurua, trainer
Penalty: Suspended license
Violation: Failure to meet financial obligations
Explainer: Violation – Default Judgement obtained for outstanding financial obligation for services received from Northwest Distributors, LLC. License is SUSPENDED until Respondent has fully satisfied all outstanding financial obligations in the amount of $9910.85 plus interest, and proof of such payment is received by the Commission.
Track: Gulfstream Park
Date: 05/4/2023
Licensee: Ramon Minguet, trainer
Penalty: Fifteen-day suspension, $500 fine
Violation: Medication violation
Explainer: Violation = 3-hydroxylidocaine (a metabolite of lidocaine). “MOONCAPTURE” *Purse due from Owner – Soler & Soler
Track: Gulfstream Park
Date: 05/4/2023
Licensee: Diley Dakin, trainer
Penalty: $1,000 fine
Violation: Medication violation
Explainer: Violation = Dexamethasone. “PRINCIPIA” *Return of Purse due from Owner – Proper Fix Racing Stables
New York
Track: Belmont Park
Date: 05/11/2023
Licensee: Todd Pletcher, trainer
Penalty: Ten-day suspension, $1,000 fine
Violation: Medication violation
Explainer: Having received a report from the NYS Gaming Commission Equine Drug Testing Laboratory of the finding of Meloxicam in the post-race sample taken from horse “Forte” (#2), which finished 1st in the 11th race at Saratoga Race Course on September 5, 2022, trainer Todd Pletcher is fined the sum of one thousand ($1,000) dollars and suspended ten calendar days. Having appealed a stay has been granted.
Furthermore, the Stewards order horse “Forte” disqualified from any part of the purse and the purse redistributed as follows:
- (#4) Gulfport
- (#6) Blazing Sevens
- (#5) Mo Strike
- (#3) Bourbon Bash
- (#1) Western Ghent
During your period of suspension, you shall not directly or indirectly participate in New York State pari-mutuel horse racing. You are denied the privilages and use of the grounds of all racetracks, you are forbidden to participate in any share of purses or other payment. Every horse is denied the privilages of the grounds and shall not participate in pari-mutuel racing in New York State, that (a) is owned or trained by you, or by any individuals who serves as your agent or employee during your suspension: or (b) for which you during your suspension are directly or indirectly with training, including any arrangements to care for, train, enter, race, invoice, collect fees or other payments, manage funds, employ or insure workers, provide advise or other information or otherwise assist with any aspect of the training of such horses. Read more about the story here, including on the connections' appeal.
NEW HISA STEWARDS RULINGS
The following rulings were reported on HISA's “rulings” portal, except for the voided claim rulings which were sent to the TDN directly. Some of these rulings are from prior weeks as they were not reported contemporaneously.
One important note: HISA's whip use limit is restricted to six strikes during a race.
Violations of Crop Rule
Horseshoe Indianapolis
Isaias Florentino Ayala – violation date May 9; $250 fine and one-day suspension, 7 strikes
Mckenna K Anderson – violation date May 11; $250 fine and one-day suspension, 7 strikes
DeShawn L Parker – violation date May 11; $250 fine and one-day suspension, 7 strikes
Santa Anita
Abel Cedillo – violation date May 13; $250 fine and one-day suspension, 7 strikes
Drayden Van Dyke – violation date May 14; $250 fine and one-day suspension, 7 strikes
Penn National
Vladimir Diaz – violation date May 10; $250 fine and one-day suspension, 8 strikes and three-in a row
Edilberto Rodriguez – violation date May 10; $250 fine and one-day suspension, 8 strikes
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