What Could Go Wrong? Breeders’ Cup Officials Address Questions On Whip Regs, Modern Games, And More

The past couple of years have seen a lot of regulatory issues make headlines in horse racing publications – both before and after the takeover of the Horseracing Integrity and Safety Authority on July 1, 2022. Debates and appeals from whip regulations to shoeing to topical medications have prompted officials and fans to reexamine old procedures and regulations, looking for areas to improve.

At a safety and integrity press conference on Nov. 1, officials with the Breeders' Cup, Kentucky Horse Racing Commission, the Authority, and Horseracing Integrity Welfare Unit fielded questions from racing media about what they've learned from recent events.

The Modern Games fiasco

Breeders' Cup president and CEO Drew Fleming said the investigation into the Modern Games fiasco in the Juvenile Turf last year was mostly led by the California Horse Racing Board.

“The CHRB did their own investigation and addressed their communication issues,” said Fleming. “Breeders' Cup works closely with the CHRB and reviewed their conclusions. We also have a close relationship with the KHRC and will work to continue to make sure we have great communication.”

Modern Games was located in the stall next to stablemate Albahr, who fell backwards in the starting gate and was scratched. Modern Games was let out of the front of the gate by a starter and was initially scratched when the multi-veterinarian team on the ground believed he had broken through the gates. Upon further investigation, they learned he hadn't broken through and was physically fine, so he was permitted to start as a “purse money only” entry. He ended up winning the race, creating confusion and upset for horseplayers who had bet on him whose picks were transferred to the post-time favorite in some wagers.

It seems unlikely the same situation could repeat itself in Kentucky. Unlike California, Kentucky does not have a regulation allowing a horse to run for purse money only.

Further, KHRC equine medical director Dr. Bruce Howard said the system of communication for scratches at the gate is much more streamlined than it seemed to be at last year's Breeders' Cup. Dr. Nicholas Smith, chief veterinarian for KHRC, will be the only veterinarian at the gate and is tasked with examining any horse that breaks through a gate before making a call about whether that horse should be scratched. He will also be the only one communicating that decision to the stewards.

Topical medications

Trainers have been required to submit 30 days' worth of treatment records to KHRC officials ahead of the Breeders' Cup. That should include any drugs prescribed or administered by a veterinarian – which means, for those who worry about Medina Spirit 2.0, officials should already have ample warning if a horse is being given a topical with a restricted therapeutic medication … assuming the records are complete.

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Horseshoes

The federal regulation that prohibits toe grabs on front horseshoes became a point of focus when connections of Rich Strike raised questions about whether competitor Hot Rod Charlie ran with toe grabs in the Grade 2 Lukas Classic at Churchill Downs on Oct. 1.

The Authority's investigation determined that the horse did not run with banned shoes, a decision the connections of Rich Strike may appeal.

Howard said there will be blacksmiths stationed in various areas checking shoes of Breeders' Cup runners to insure they comply with federal and state regulations. (Kentucky already had regulation prohibiting traction devices in front shoes prior to the Authority's regulation, which became active on July 1.)

He also said that examining veterinarians that see horses with prohibited shoes in the morning are taking care to warn trainers they'll need to change the shoes ahead of race time. It's not uncommon for a horse to work in a different type of shoe than they may race with.

Additionally, a blacksmith will be stationed in the assembly barn, checking shoes before horses enter the paddock at Breeders' Cup. Blacksmiths will also be in the paddock and behind the gate to remedy any last-minute issues with lost or twisted shoes.

Whips

Lisa Lazarus, CEO of the Authority, said that international riders and their representatives have been in touch with the organization about licensing and baseline concussion testing requirements ahead of their Breeders' Cup bids. That communication has also helped the Authority get them up to speed on the national whip use regulations and restrictions on the type of whips they may use.

American riders have had since July 1 to adjust to the new regulations.

Whip rule violations have gradually increasing penalties associated with them under HISA. Riders may use the whip a maximum of six times in a race. If video shows they used it seven to nine times, they're handed a $250 fine and a one-day suspension; use 10 to 13 times results in a $500 fine to the rider (or loss of the rider's share of the purse, whichever is greater) and a three-day suspension. At the 10 to 13 range, the horse is also disqualified, ordered unplaced, and the purse money is redistributed to the horses behind the offending rider. If riders have reached the six-strike limit, they may still use the whip for safety purposes.

Authority officials have been clear that it is their intention to penalize owners for riders going over the hit limit, in part because they believe owners were often offering to pay a rider's fine for a whip rule violation under the previous state-by-state system. This, they believe, disincentivizes riders from following regulations since it undercuts the penalty to them. The hope with the purse redistribution is that owners will urge riders to stay in line with the rules.

Lazarus revealed that only 6 percent of overall whip-related violations since July 1 have resulted in purse redistribution.

“They're really a very small percentage and are declining significantly,” she said. “I think we've gotten to a point where overall there's an understanding of the rule and far less violations.”

It is true however, that whip violations are handed out after the race card is over. Stewards will review video of the race in question with a rider before issuing the ruling, and the jockey and the owner will have a chance to appeal it. For horseplayers, that could mean the results of a race for payouts could later mismatch the results in Equibase. Any decision by stewards to disqualify a horse for a whip rule violation will not impact parimutuel payouts.

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