View From The Eighth Pole: Can Horse Owners Really Take Control Of The Game?

“The horse is the sport. The horse is the product. And the owner owns the product. Let me say this again. We own the product. Not the race track.” – G. Watts Humphrey, Jr., 1994 Jockey Club Round Table

“It's time now that the owners take back this game.” – Mike Repole, 2023 television interview

Here we go again.

It's been more than 30 years since Lexington advertising executive Fred Pope ran a series of commentaries in horse racing publications asking the basic question, “Whose Game Is It?” As an advocate for owners, Pope was clearly in the camp that said the game belonged to the people who owned the horses.

Pope created an entity known as the National Thoroughbred Association and with the support of the late John Gaines enlisted more than 100 owners, each contributing $50,000 in seed money in 1996 with the goal of creating a “major league” of Thoroughbred racing. Pope modeled the NTA after the PGA Tour, an entity controlled by the Tour players, who hired professional staff to negotiate television contracts and tournaments throughout the country on their behalf. The idea was for NTA owners to band together in similar fashion, creating a circuit of the best horses and the best races.

But there was a small problem in handing over to a group of horse owners the right to negotiate simulcasting and purse contracts. The Interstate Horseracing Act, passed into law by Congress in 1978, said interstate wagering – then in its infancy but now accounting for nearly 90 percent of wagering – could only be conducted with the consent of the host racing association, which must have a written agreement with the “horsemen's group.” The law defines “horsemen's group” as the “group which represents the majority of owners and trainers racing” at a given track that wants to accept interstate wagers on a race.

Having Congress tinker with the Interstate Horseracing Act is akin to playing with matches in a fireworks factory. Not a good idea.

The NTA never got off the ground, in part because the late Ogden Mills Phipps, then chairman of The Jockey Club, believed in consensus building with other organizations, including racetracks and existing horsemen's groups. Thus, the NTA morphed into the National Thoroughbred Racing Association and attempted to build a “league office.” But even the NTRA, with all the constituency groups involved, lacked the clout to set policy and negotiate purse contracts or anything of game-changing significance. It turned out to be another toothless tiger.

So Mike Repole said he wants to create a new organization of leading owners and trainers, but unless it can be proven it represents a majority of horsemen in a given state, this new entity would not have the authority to negotiate purse and simulcast agreements with a racetrack.

Thoroughbred owner John Ed Anthony spoke at the same 1994 Jockey Club Round Table as Watts Humphrey. He was concerned then that casinos would lead to the end of horse racing. Anthony wanted racetracks to decide: Are they going to promote casino gambling or horse racing? Either way, he said, owners would need a place to race their horses.

“In some areas,” Anthony said, “we may have to race in an open field and view the events from tailgates and the backend of pick-up trucks. But we will control our industry.”

Repole outlined his goals and some action items for the new organization he is proposing on the former Twitter social media platform now known as X.

Some might say Repole is a walking contradiction. During a nationally televised interview with Nick Luck at Keeneland last weekend, Repole said this of racing: “There isn't anything in the sport that is good right now.”

Yet, as Luck pointed out, Repole had just purchased, in his name or in partnership, some 43 yearlings at the Keeneland September Sale for more than $16 million.

Why, he was asked, make such an investment if the sport is going in the wrong direction?

“I'm a big idiot just like every other owner in this game, because we take this,” Repole said. “We take this from Churchill, we take this from other tracks, we take this from other associations. It can't happen anymore. If we want this sport to move forward, the only way is if the owners just take over control.”

Repole specifically mentioned Churchill Downs, where he's directed his ire for more than a decade. In 2013, when he had runners in both the Kentucky Oaks and Kentucky Derby, he complained that “they give you nothing” in terms of seating and he had to spend a small fortune to get family and friends accommodations in what was then a new section of Churchill Downs called the Mansion. “It's cheaper to buy a mansion than be in the Mansion,” Repole told the New York Daily News.

Ten years later, in a statement published in Thoroughbred Daily News, Repole said “the way owners get treated (at the Kentucky Derby) is an embarrassment. We buy our own tickets, and if you want more than 10-15 people, you have to buy your own seats. I have to run second in the Kentucky Derby just to break even.”

As Repole then pointed out, he hasn't come close to running second, and the regulatory veterinarian determining that Repole and partner Vincent Viola's pre-race favorite Forte be scratched on the morning of this year's Derby was only salt in his wounds.

Repole and others have made good points that the Kentucky Derby purse should be higher than the $3-million it's been since 2019. It didn't even get to $1 million until 1996, 15 years after the inaugural Arlington Million and a dozen years after the Breeders' Cup first offered $10 million in prize money in seven races, including the $3 million Classic.

Churchill Downs officials know they have the rights to the race that virtually every horse  owner wants to win, so higher prize money will do nothing to attract better horses. In other words, they'll raise the purse when they damn well feel like it.

Maybe John Ed Anthony had it right. Horse owners itching to prove they have the best 3-year-old may want to band together and start looking for a racetrack to lease on the first Saturday in May or find an open field to run their horses against one another. They can save money by foregoing the Churchill Downs Mansion and luxury suites and enjoy the races from the back of a pickup truck.

At least they'd be in control of the game.

That's my view from the eighth pole.

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‘He Does Everything So Easy’: White Abarrio Works Toward Breeders’ Cup Classic

It was a rough morning to be a clocker at Santa Anita Monday. With thick fog setting on The Great Race Place, at least two contenders for the Breeders' Classic worked. Only one received an official time.

With trainer Rick Dutrow Jr. in from New York to observe, White Abarrio worked five furlongs at about 6:45 a.m. He was clocked in 1:00.20. About an hour later, Geaux Rocket Ride went to the track to work with Hall of Fame jockey Mike Smith up. Due to the fog, Equibase clockers were unable to determine a final time and distance.

Geaux Rocket Ride's trainer, Richard Mandella, said the Candy Ride colt worked six furlongs.

“We'd liked to have seen it,” the Hall of Famer said. “I saw him come through the finish line, that was it. He worked six furlongs. Mike rode him and said he went well. We'll go with that.”

The official Santa Anita Park Workout Tab for Monday notes “dense fog from 7:00 a.m. to 8:30 a.m.”

Geaux Rocket Ride, a 3-year-old, is exiting a runner-up effort to Arabian Knight in the Grade 1 Pacific Classic Sept. 23 at Del Mar. Prior to taking on older, Geaux Rocket Ride shipped to New Jersey and won the Grade 1 Haskell at Monmouth Park.

White Abarrio's work was his third since arriving at Santa Anita from New York. Jockey Emily Ellingwood was in the irons.

“He did his business,” said Chip Dutrow, Rick Dutrow's brother and assistant. “He does everything so easy. Just a very smart, classy horse. We thought he nailed it and Emily was happy. It looked like he got just enough out of the breeze.”

A 4-year-old Raceday colt, White Abarrio most recently won the Grade 1 Whitney going 1 1/8 miles at Saratoga on Aug. 5.

The $6 million Breeders' Cup Classic at 1 ¼ miles will be run Nov. 4 at Santa Anita.

Also working Wednesday towards a potential start in the Breeders' Cup Sprint was Speed Boat Beach for trainer Bob Baffert. He went three furlongs in 36.40 seconds. It was Speed Boat Beach's first work since a game second-place effort to Dr. Schivel in the GII Santa Anita Sprint Championship Sept. 30, which came after a nearly nine-month layoff.

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White Abarrio, Geaux Rocket Ride Lead Monday Workers

Two contenders for the GI Breeders' Cup Classic worked Monday but, due to foggy conditions at Santa Anita, only one received an official time.

With trainer Rick Dutrow Jr. in from New York to observe, White Abarrio (Race Day) worked five furlongs in 1:00.20. About an hour later, Geaux Rocket Ride (Candy Ride {Arg}) went to the track to work with Hall of Fame jockey Mike Smith up. Due to the fog, Equibase clockers were unable to determine a final time and distance.

Geaux Rocket Ride's trainer, Richard Mandella, said the Candy Ride colt worked six furlongs.

“We'd liked to have seen it,” the Hall of Famer said. “I saw him come through the finish line, that was it. He worked six furlongs. Mike rode him and said he went well. We'll go with that.”

The official Santa Anita Park Workout Tab for Monday notes “dense fog from 7:00 a.m. to 8:30 a.m.”

White Abarrio's work was his third since arriving at Santa Anita from New York. Jockey Emily Ellingwood was in the irons.

“He did his business,” said Chip Dutrow, Rick Dutrow's brother and assistant. “He does everything so easy. Just a very smart, classy horse. We thought he nailed it and Emily was happy. It looked like he got just enough out of the breeze.”

Also working Monday towards a potential start in the GI Breeders' Cup Sprint was Speed Boat Beach (Bayern) for trainer Bob Baffert. He went three furlongs in 36.40 seconds.

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Letter To The Editor: Churchill’s ‘Unprecedented’ Suspension Of Baffert

My wife and I recently started working on our travel plans for next year's Triple Crown races. Unfortunately, that will likely not include the 2024 Kentucky Derby as our trainer, Mr. Bob Baffert, for the 3rd year in a row still won't be allowed to race our horses at Churchill Downs, should our horses be so qualified. We have had to deal with this for the past few years with multiple horses, where Churchill Downs, a public entity, has deemed itself to be a higher power than the various state horse racing commissions and arbitrarily and capriciously chose to exact its own extended punishment on Mr. Baffert for, what now really appears to be, personal and vindictive reasons.

It's disappointing that Churchill Downs has decided to use its private property exclusion rights in the manner it has. Not only has Churchill Downs initially applied these rights to suspend Mr. Baffert for a period eight times as long as that imposed by the Kentucky Horse Racing Commission (the body responsible for implementing the rules of racing), Churchill Downs decided in July 2023 to apply these rights indefinitely to a validly licensed trainer with no regulatory violations since his initial suspension. Extending the suspension and leaving it open to review at the end of 2024 is unprecedented.

I am not aware of other sports where the tracks, arenas or stadiums can dictate what athletes, coaches or owners are allowed to compete in their facilities. When NASCAR penalizes drivers, crews or other team members for infractions, does Daytona Speedway, Bristol or other tracks randomly ban those same drivers and crews for additional length of times? Imagine if Jerry Jones, who owns Texas Stadium, was allowed to ban a specific athlete, coach or team from competing at Texas Stadium because he wasn't happy with punishment the NFL governing committees meted out for a late hit, a personal foul or Deflategate. What if MLB, NHL, NBA/WNBA, MLS or any other competitive sport league allowed for arena owners to do this for petty offenses under the guise of specific conduct being detrimental to the sport? It's ludicrous and unimaginable!

With the advent of HISA we now have a national governing body in place that is developing consistent standards across all states. The Kentucky state rules that existed at the time of the original suspension with respect to betamethasone, a controlled substance, have been superceded by HISA regulations. Mr. Baffert was suspended for 21 picograms (or .021 nanograms) of betamethasone in Medina Spirit. The most recent HISA regulations now use a screening limit of .20 nanograms of betamethasone in horses before any action would be taken. It's ridiculous to me for Churchill Downs to extend Mr. Baffert's suspension given that 21 picograms is almost 90% below the threshold!

I have had the opportunity to work with many world class public and private companies during my career as a partner at a large global firm, having worked closely with C suites and boards on over 500 transactions. I have never seen behavior like this from a board in my career. The allegations around the “false narrative” that the Churchill Downs board has used to defend this action indicate to me there is something deeper and more personal. It appears that Churchill Downs is sending a message to all horsemen and horsewomen not to cross Churchill Downs or proffer alternative points of view lest similar suspensions, far in excess of what is deserved, will be meted out to them. This bullying and abuse of power is not in the best interests of the sport.

It's not just the trainer that suffers either. By extending the suspension, Churchill Downs is not just punishing Mr. Baffert, but Churchill Downs is punishing me. There is significant value that has been lost. Similarly, Churchill Downs is punishing my partners. Churchill Downs is punishing other owners with horses with Mr. Baffert. Churchill Downs also is punishing Mr. Baffert's employees and their families. Churchill Downs is punishing fans, old and new, many of whom are drawn to the sport because of Mr. Baffert.

The bigger issue at play here is the upside down relationship between Churchill Downs and the athletes/horses, the coaches/trainers/breeders and owners. Churchill Downs is nothing without them. I am not alone in this opinion. It would be a shame to see the history of Churchill Downs diminished because of the bullheadedness of a few.

With the upcoming 150th anniversary, the story isn't going to be just about who's there, but who's not and why.

Gregg Slager, Waves Edge Capital, LLC

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