West Virginia Trims Dates For ’24, Exact Schedules Hinge On Outcome of HISA Legality

Both Charles Town Races and Mountaineer Park got approval Wednesday from the West Virginia Racing Commission (WVRC) to reduce live racing dates in 2024 compared to recent seasons.

The Horsemen's Benevolent and Protective Association (HBPA) chapters at both tracks supported the diminished schedules based on available purse funds and projected horse populations.

Right now the placeholders are 158 dates for Charles Town and 121 for Mountaineer.

But the exact number of programs will ultimately be contingent on the outcome of several overlapping federal lawsuits that have to do with the legality of the Horseracing Integrity and Safety Act (HISA).

In July of 2022, the states of West Virginia and Louisiana won a preliminary injunction that has kept the HISA rules from being implemented in those two states until their lawsuit challenging the constitutionality of HISA gets decided in full.

Then in September of 2023, the judge handling that case ordered it to be “administratively terminated” until the United States Fifth Circuit Court of Appeals made a ruling in a separate (but related) suit in which the National HBPA is also alleging that HISA is unconstitutional.

Oral arguments in the HBPA vs. HISA case were heard Oct. 4 but no Fifth Circuit decision has been issued yet.

WVRC executive director Joe Moore explained during the Dec. 13 meeting that if HISA were to be deemed legal nationwide and/or the court's injunction barring implementation in West Virginia got lifted, both tracks would need to recalculate how much purse money was available and how many racing dates those funds could cover.

That's because Charles Town and Mountaineer would be subject to HISA assessments for safety oversight and drug testing services that they currently don't pay because of the injunction that grants them an exception.

According to HISA's 2024 budget, West Virginia's assessment for next year is $4,448,269 (Charles Town $3,281,367; Mountaineer $1,166,902).

Moore said that “if HISA were to become effective in West Virginia, I suspect Charles Town and the horsemen would consider reducing their race days by a number to ensure that there were purse monies available after the [HISA] assessments were calculated for them.”

Charles Town's director of racing, Charlie McIntosh, concurred.

“If HISA were to come back into effect, we'd have to sit down and evaluate” funding options, McIntosh said.

Mountaineer gate | Coady Photography

No representative from Mountaineer spoke on the track's behalf during the meeting.

The two tracks handled their dates reduction requests differently. Charles Town asked for and received 158 dates but left the door open to come back to the commission for a further reduction request if necessary.

Mountaineer took the opposite approach, asking for and receiving the commission's approval for two dates contingencies so the track wouldn't have to come back a second time to request another trim if HISA gets legalized in the state.

So the WVRC approved 121 dates for Mountaineer, with Moore explaining that “if feasible and [if West Virginia continues to] remain exempt from HISA, their number of live race days would increase to 128.”

Moore said Mountaineer's season would run Apr. 28-Dec. 4 under the first contingency, with the meet extending through Dec. 11 if the second plan got utilized.

Charles Town's 2024 schedule, according to the track's website, will consist of four- and three-date weeks nearly year-round, with breaks Aug. 25-Sept. 11 and Dec. 15-31.

Charles Town's 158 dates for 2024 continues a downward trend. The track was awarded 164 dates in 2023 and 179 in 2022.

Unless Mountaineer ends up running the bumped-up 128 dates, its 121-date allotment also represents a decrease, from 124 dates in 2023 and 130 dates in 2022.

(All dates cited above are based on dates as originally assigned by the commission, and do not reflect any in-season program losses that might have occurred because of weather cancellations.)

Even in years when the costs of HISA assessments have not been in play, the awarding of race dates in West Virginia has been a somewhat confusing several-step process. A state statute requires Charles Town to apply for 220 programs every year, and Mountaineer is required to apply for 210 dates. But those quotas haven't been reached for quite some time.

What has ended up happening in recent seasons is that after the initial approvals of those mandated 220 and 210 dates every November by the WVRC, both venues have subsequently come back before the commission to ask for reductions that reflect what each track and its HBPA representatives think is a workable schedule.

The dates reduction votes were unanimous Dec. 13, with WVRC chairman Ken Lowe Jr. and commissioner J.B. Akers voting in the affirmative, while commissioner Tony Figaretti was listed as being absent from the meeting because of a travel conflict.

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Wanamaker’s December Sale Catalogue Released

The 2023 Wanamaker's December Sale catalogue is now available online with bidding open at 8:00 a.m. EST on Thursday, Dec. 21. The first listing completes that day at 5:00 p.m. EST and subsequent listings close in three-minute increments, the company said in a release Wednesday.

With weanlings, yearlings, horses of racing age, open broodmares and broodmares in-foal all catalogued this month, top first-crop stallions of 2023 will also be represented. Yearlings by Mitole, Maximus Mischief and Vino Rosso are included.

Highlights of the catalogue:

  • A yearling filly by Mitole (Hip 6). Mitole is the leading first-crop sire by earnings and co-leader by winners.
  • A yearling filly by Vino Rosso (Hip 3), out of SW Awesome Alexandra.
  • A yearling filly by Maximus Mischief comes from the family of MGSW Candy Man Rocket (Hip 4).

In-person inspections may be scheduled by contacting sellers with the information provided in the catalogue.

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Staunch Horse Racing Supporter Damon Thayer Will Not Seek State Re-election

Kentucky State Senate Majority Floor Leader Damon Thayer, (R-Georgetown), a staunch supporter of horse racing in the Bluegrass, will not seek re-election for the 17th Senate District and allow his term to expire in December 2024, the Commonwealth of Kentucky Senate Majority Caucus said in a release early Wednesday afternoon.

“I have decided not to seek re-election to the state Senate in 2024,” Senator Thayer said. “The end of my current term next year will mark 22 years in the Senate and 12 as Majority Floor Leader. After conversations with my adult children, close friends and colleagues, I have concluded this is the right decision.”

Thayer is the longest-serving Republican Senate Majority Floor Leader in Kentucky history. The 17th Senate District, which includes Grant and Scott Counties and portions of Fayette and Kenton Counties, is within what has become known as Kentucky's Golden Triangle.

As a leading voice for Thoroughbred racing, Thayer has championed the passage of historical horse racing and last year successfully co-led the fight to dissolve penny breakage, which has already returned millions of dollars back to horseplayers.

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Veterinary Students Receive Warm Welcome At Del Mar During AAEP Convention

More than 100 veterinary students attending the American Association of Equine Practitioners (AAEP) Convention in San Diego got a unique glimpse behind the racetrack at Del Mar Thoroughbred Club on one of the final race days of the fall meet. From morning workouts through afternoon races, students learned firsthand about the important roles racetrack veterinarians play in ensuring the safety and welfare of these equine athletes. Several equine veterinarians involved in racetrack practice were on hand to share their experiences, advice, and above all, passion for their careers.

“Many veterinary students, including myself, did not grow up with exposure to the racetrack,” said California Horse Racing Board (CHRB) Official Veterinarian Alina Vale. “After I was introduced to the track, I knew I wanted to devote my career to these amazing athletes. Practicing veterinarians and regulatory veterinarians at the track can have a profound impact on racehorse welfare and safety.”

The unique opportunity of the proximity of the AAEP Convention location to Del Mar, and the fact that the track was still running its fall meet, made this opportunity possible.

“The goal was awareness of the racing industry, its relationship with veterinary medicine, and the multiple opportunities for a career on the track as a private practitioner or regulatory veterinarian,” said California Equine Medical Director Jeffrey Blea.

Initially expected to attract 20 to 30 participants, overwhelming interest saw attendance soar to more than 110 students from veterinary schools across the United States, and even internationally.

“When Del Mar Thoroughbred Club (DMTC) President and Chief Operating Officer Josh Rubinstein and Executive Vice President of Racing and Industry Relations Tom Robbins were made aware of the numbers of interested students, their response was, 'Bring them all. We would love to have them!',” reflected Blea.

One of the most famous racetracks in the world, DMTC began welcoming racing enthusiasts in 1937. From Hollywood celebrities to local residents, visitors have cheered on famous horses including Seabiscuit, Cigar, and Zenyatta, and renowned jockeys such as William (Bill) Shoemaker, Gary Stevens, and Victor Espinoza. Although the facility has changed with the times, the rich history and lingering air of old Hollywood glamor made it an undeniably unique setting for many of the students to experience their first horseraces.

“On behalf of the California Thoroughbred racing industry, I was thrilled at the response we received from the veterinary students that attended our race day at Del Mar,” said Rubinstein. “A special thank you to Dr. Blea, for his hard work on making the event such a success. We hope some of these future veterinarians will choose the exciting and rewarding career path of Thoroughbred racing in California.”

A sunny Southern California morning welcomed the students to the storied track where they began the day watching workouts and chatting with fellow students. A number of small groups also formed to talk with veterinarians about their career paths. Along the rail, Vale and outrider Enrique Alférez, aboard his pony horse Scarface, explained the role of outriders and their horses in keeping racehorses and jockeys safe.

From there, the students ventured to the receiving barn, where regulatory veterinarians Drs. Brent Cassady and Dana Stead outlined pre-race veterinary examinations and the role of veterinarians in the safety program. Topics included how many horses a regulatory veterinarian sees in a day, how much time they spend evaluating each horse, and the importance of communicating clearly and plainly with trainers. A few trainers brought horses in for race day examinations so the students could appreciate how veterinarians look for changes in factors such as stride length, hip symmetry, and head carriage that can be signs of potential issues.

“The thing that most stood out to me was the sheer volume of people tasked with safeguarding the health of the horse,” said Fred Holcomb, a third-year veterinary student at Texas A&M University. “From the head steward monitoring for crop violations during training to the veterinarians doing the pre-race evaluations, it was clear that the equine athletes' safety was a priority.”

Chief Official Veterinarian for the CHRB Dr. Tim Grande and Official Veterinarian Dr. Nolton Pattio rounded out the discussion of veterinarians' race day responsibilities, testing procedures, how horses are placed on the veterinarian's list and how they are removed from the list, and special considerations for horses in claiming races.

“When you practice on the track, you work together with the regulators,” said Pattio. “Safety and integrity are a collective effort.”

“The opportunity to tour the Del Mar racetrack was the perfect occasion to learn about a portion of the equine industry that I was not familiar with,” said Kenzie Jones, a second-year veterinary student at Kansas State University. “They walked us through the rigorous protocols of how horses are evaluated before and after their races. I was very impressed when the veterinarians shared that all recorded evaluations of the horses are logged into a nationwide system so that the information will follow them when they travel to different locations.”

After a tour of the barn area, students were treated to lunch in a suite with prime seats for the afternoon races. Private practitioners and officials, including representatives from the Stronach Group, Kentucky Horse Racing Commission, Horseracing Integrity and Safety Authority (HISA), New York Racing Association, San Luis Rey Downs, and more welcomed them and shared opportunities for externships and other learning experiences, along with encouragement for career paths in racetrack medicine.

“There is such a need for these types of veterinarians, but it's so hard to imagine what their day-to-day would be like without talking to the professionals who practice it,” said Rachel Akin, a second-year veterinary student at Mississippi State University. “I'm not sure I would have gotten an experience like this anywhere else. It is such a beautiful track, and it was a great spot to watch my first races ever!”

The second race of the afternoon – which ended in an exciting photo finish – was named for the AAEP event and some of the scholarship recipients had the opportunity to stand in the winner's circle for the official photo.

“It has been really meaningful to come out with other students because I'm always talking about how I want to go into racetrack medicine,” said AAEP scholarship recipient and fourth-year UC Davis veterinary student Megan Elcombe. “I think it is invaluable for us to be here, see what it's about, and not just have the perception of what's in the media but actually talk to the practitioners that are working so hard to make this a better industry.”

Given the success of this event, similar opportunities will likely be available to veterinary students in the future, either with the AAEP Convention or through regional opportunities for AAEP student chapters to travel to local tracks.

“This event was a means to break down barriers, let the students interact, and realize this is something they could possibly explore, and even go into after graduation,” said Blea. “We are grateful to Del Mar for hosting and for their commitment to the veterinary profession.”

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