IFHA: International Racing Authorities Reflect On The Positives Pandemic Brought, Challenges Ahead

It's no secret the COVID-19 pandemic has proven disruptive and dangerous to the business and sport of horse racing, but some international authorities say some good things have emerged from this unprecedented time.

In the first digital presentation released Monday as part of the International Federation of Horseracing Authorities (IFHA) annual conference, a panel of racetrack officials and racing authorities gathered to talk about the challenges and lessons from the pandemic so far. This year's 54th international conference is being conducted virtually for the first time, with conference materials being released gradually over the next two weeks. This year's focus will be on COVID-19 and its impacts on racing. In most years, the IFHA conference is held on the day after the Group 1 Prix de l'Arc de Triomphe at the France Galop offices in Paris.

Readers are familiar with the challenges faced by American racetracks starting in March and April, as some had to shut down, close to fans, or delay major races. In other countries, cross-border travel restrictions caused significant headaches even when racing resumed.

Andrew Harding, executive director of racing at the Hong Kong Jockey Club, said that organization was particularly taxed, as racing in Hong Kong relies much more heavily on horse movement than in other countries. It's also a lot more concentrated population of participants, with a much smaller pool of jockeys, stewards and trainers licensed to keep horses running, so Harding and his colleagues knew they had to be as strict as possible with biosecurity measures.

“If one of [the stewards] were to become infected, in normal circumstances they'd all be sitting in the same room together. In one fell swoop, we'd lose all our stewards,” he said, pointing out that would be the end of racing while officials were quarantined.

Hong Kong jockeys were divided into four clusters and had their jockeys' quarters separated to keep riders in bubbles. Stewards were also given separate rooms to minimize the risk of disease spread. Additionally, licensees were required to provide Hong Kong racing officials with a daily log of their temperatures. Jockeys were required to provide officials with an activity schedule so they could be advised what their potential risk for exposure might be, and to provide a guide for contract tracing should a COVID-19 positive occur.

In the United States, many racing fans have become frustrated by what seems like an uneven application of government regulations to different businesses. For a period of time this spring, Santa Anita Park was closed to fans and required jockeys to live on-site to reduce exposure, while crowds of people poured into the Los Angeles County Arboretum across the street. William Derby, chief executive and clerk of course at York Racecourse, told panelists the same is true in England, where he's aware of nearby bars and pubs beginning to bustle while fans are still not permitted at the track. In fact, York had to erect 3.5 kilometers of fencing to keep people away from the racecourse despite it being on public land. Still, Derby pointed out, local and national governments are overwhelmed, dealing with basic safety questions for hospitals and schools, and patience is key.

“Sport takes its place in the queue, despite the fact [racing] is a very important employer; 18,000 jobs in the UK rely on it,” he said.

Still, some good things have come out of the pandemic. Stephen Cook, director of content for IMG Productions, said that as soon as racing fans were barred from coming to the track, his team had to think of ways to recreate the experience for them remotely — including filming horses whenever possible in their stable yards and in workouts to create a sense of familiarity before they headed to the track.

“It's helped us jump probably a couple of years ahead on something we'd be behind on if this hadn't happened,” said Cook.

Of course, racing was one of very few live sports that was able to carry on or return quickly after initial shutdowns in the spring. Olivier Delloye, CEO of France Galop, said that after racing resumed in France, it took just five weeks for handle to regain its 2019 averages. From early June until now, wagering has consistently been up 10 to 20 percent over last year.

“We didn't expect that,” Delloye said. “We were all worried that even if the betting shops would reopen, even if people were opening new digital accounts, people would think of many other things than going to bet on horse racing.”

The panelists are certainly not seeing a cloudless sky ahead, however. Delloye and Derby both worry tremendously about ownership retention, as owners have been hit particularly hard in the wallets by the spring shutdowns. For Cook, questions remain about whether racing will be able to capitalize on its time in the spotlight and turn temporary interest into long-term loyalty once the virus is controlled and other sports return. In the more near term, Harding worries about how many racing authorities can outlast the ongoing disruptions COVID-19 is causing.

'”As hard as it's been in the UK and France, there are some countries where they haven't been able to operate in a manner that's profitable,” he said. “How long that's sustainable is troubling to me. That will have an impact globally.”

Hong Kong has no breeding program of its own, so potential future impacts of the current economic downturn on the international foal crop is another long-term concern.

All in all, Keeneland president-elect Shannon Arvin said she looks to the future with a mixture of realism and optimism, uncertain of what comes next, but hopeful racing's new lessons will carry it through.

“We don't know how long this will last,” she said. “Somebody asked me this morning, 'Will we have fans back in April?' I don't know the answer to that.

“I think there are definitely silver linings to the pandemic, and I think we need to keep looking for them. I think the perseverance that so many in our industry have shown and that resiliency is shining through ad showing us the silver linings. Winston Churchill said, 'Never let a good crisis go to waste.' I think about how the Keeneland sales actually started, which is during World War II, because we weren't able to ship horses up to New York so we started our own sale. Now of course, that's such a critical part of our business as well as a key piece of the industry and the marketplace. I'm excited to see what innovations come of this.”

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UofL Introduces ARCI Racing Investigator Program

The University of Louisville (UofL) Equine Industry program launched the first-ever Racing Investigator Certificate Program Monday. The two-day program, an initiative of the Association of Racing Commissioners International (ARCI), was conducted online, but the ARCI is working with UofL and the University of Arizona’s Racetrack Industry Program to hold future programs in person.

“The job of a racing investigator is a specialty involving knowledge not only of police procedures concerning interrogation and evidence gathering, but also of horse racing, the backstretch, and the horses themselves,” said ARCI Chair Tom Sage.

The participants will receive certification upon successfully passing an examination on the material presented, including basic horsemanship skills, safety procedures, racing terminology, overview of officials and their duties, constructing a condition book and drawing for races, equine medications, veterinary records, investigatory tools and techniques, evidence gathering, methods used by those attempting to avoid detection when violating medication testing procedures, and much more. The contents were produced through the efforts of the late John Wayne, who was considered to be one of the foremost authorities on racing regulation in the U.S.

“There is a tremendous amount of expertise and experience that is required to do this job properly,” said RCI President Ed Martin.

The ARCI suggests commissions and racetracks include a requirement for the present Racing Investigator Certificate as essential for employment. Initially expected to include 30-35 participants, the program already has exceeded expectations with more than three times the number of registrations than anticipated.

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ARCI Racing Investigator Certificate Program Commences Online

On Monday, the University of Louisville Equine Industry program commenced the ARCI Racing Investigator Certificate Program online. The program, the first of its kind, will be conducted over the course of two days and will conclude on Tuesday, October 6, 2020.

The program, an initiative of the Association of Racing Commissioners International, holds tremendous value to not only current investigators but to those who hope to hold the position in the future. The content was produced through the efforts of the late John Wayne who was considered to be one of the foremost authorities on racing regulation in the U.S. Wayne was employed by 20 racetracks over 15 years as an investigator with the Thoroughbred Racing Protective Bureau (TRPB) and spent almost a decade in management at Atlantic City Race Course in New Jersey and the 21 years as the executive director of the Delaware Thoroughbred Racing Commission.

He was a board member of the Association of Racing Commissioner's International, which honored him in 2003 with the Len Foote Award and the former chairman and a driving force with the Organization of Racing Investigators (ORI).

“The job of a racing investigator is a specialty involving knowledge not only of police procedures concerning interrogation and evidence gathering but also of horseracing, the backstretch, and the horses themselves,” said RCI Chair Tom Sage of Nebraska, a former longtime law enforcement officer and racing investigator and past chair of ORI.

Although this program will be initially conducted online, the ARCI is committed to working with the University of Louisville's Equine Industry Program and the University of Arizona's Racetrack Industry Program to hold future programs in person.

The participants in the program will receive certification upon successfully passing an examination on the material presented. The RCI suggests commissions and racetracks include a requirement for the present Racing Investigator Certificate as essential for employment.

The content for the program will concentrate on basic horsemanship skills, safety procedures in the barn or paddock areas, racing terminology, overview of officials and their duties, constructing a condition book and drawing for races, as well as what is included in preparing a horse to race. Equine care and medications, veterinary records, investigatory tools and techniques are also reviewed. In addition, their will be extensive coverage of interactions with other enforcement entities, evidence gathering and methods those attempting to avoid detection when violating medication testing procedures. The program will also focus on the sensitivity of medication testing and the process of how results are obtained and determined.

RCI President, Ed Martin, who previously served as the New York regulator responsible for some of racing's most notable investigations—Breeders' Cup Pick-6 Wagering Scandal, the NYRA Mutuel Department fraud conspiracy, OTB mismanagement, Yonkers Raceway drug search lockdown—noted that “proactive investigators will develop intelligence networks and not be hesitant to dig deep into any situation where things do not seem as they should.”

“There is a tremendous amount of expertise and experience that is required to do this job properly,” he said, noting the work of the NY Gaming Commission in its effective records audit investigation.

Initially expected to include 30-35 participants, the program already has exceeded expectations with more than three times the number of registrations than anticipated.

“The University of Louisville is excited for its collaborative work with the ARCI to bring this certification program to fruition,” said Sean Beirne, Director of the UofL Equine Industry Program. “It is an important aspect of our mission to educate the professionals in the horse racing industry, to build on their knowledge, and provide resources to enhance and develop the methodology to create standards for the execution of their duties.”

 

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Appeals Court Overturns Fipke’s 2017 BC Double Jockey Ruling

Nearly three years ago, the Johnny Velazquez-ridden Forever Unbridled (Unbridled’s Song) produced a performance in the $2-million GI Breeders’ Cup Distaff at Del Mar resounding enough to catapult her toward Champion Older Dirt Female honors at the subsequent Eclipse Awards.

The sweet taste of victory had been somewhat soured for owner Charles Fipke, however, due to a prior California Horse Racing Board (CHRB) stewards double jockey fee ruling which required him to pay Joel Rosario $100,000 as a result of the victory.

In the race entries, Rosario had been named Forever Unbridled’s intended rider. But because of what Fipke deemed a poor ride on one of his horses–among other issues with the jockey, according to court documents–Rosario was removed prior to the draw and Velazquez was named Forever Unbridled’s rider instead.

A Los Angeles County Superior Court judge upheld that ruling, but, on Monday, it was reversed in a 19-page California 2nd District Court of Appeals ruling.

“They exceeded their authority, even though they’ve been doing it for a long time,” said Darrell Vienna, who represented Fipke, of the CHRB stewards double jockey fee decision.

Vienna said that “scores” of prior double jockey fee rulings are usually for much less significant races, and typically result in a nominal fine of between $500 to $1,000.

“That’s why Mr. Fipke wanted to go forward,” said Vienna. “He wasn’t just fighting for himself, but he was trying to give the owners some understanding of what their obligations, and the limits of those obligations, were.”

As a result of the appeals court ruling, the CHRB is ordered to return those costs to Fipke, a noted diamond explorer.

CHRB spokesperson Mike Marten said that the board has no comment on the ruling.

In a nutshell, the case hinged around language in section 19500 of the CHRB rules, which delineates when jockeys are entitled to their riding fees and/or their mount fees if they’re removed from an intended ride.

“Although section 19500 grants CHRB considerable discretion to determine the circumstances under which a jockey removed from a mount is entitled to a riding fee, it imposes one implicit condition on the exercise of that discretion: the removal must occur after ‘scratch time,'” according to the appeals court decision, filed Monday.

“Had the Legislature not intended to impose such a condition, it could have provided a single direction to CHRB to establish the circumstances under which a jockey is entitled to receive a riding fee and/or a mount fee when removed from a mount,” the decision continued.

“The Legislature instead chose to direct CHRB to separately address situations where a jockey is removed before and after scratch time; only in the latter circumstance did it specify the jockey might be entitled to a riding fee. The clear implication of this decision is that the Legislature intended jockeys removed from their mounts prior to scratch time would not be entitled to riding fees.”

The CHRB argued that the statute is “irrelevant because it concerns jockey compensation, whereas here, the stewards awarded the double jockey fee as a penalty for Fipke’s misconduct,” according to the appeals court ruling.

During the prior superior court hearing, however, the CHRB had argued that the double jockey fee was “not a penalty” to punish Fipke, but rather an award to Rosario to “compensate him” for losing the mount.

“We agree with CHRB’s initial position, as do Rosario and Fipke. For the reasons we discuss below, the double jockey fee award was not a penalty,” Monday’s appeals court decision states.

In a text message Monday, Ron Anderson, Rosario’s agent, wrote that neither he nor Rosario had a comment about the decision.

In a press release Monday, attorney Carlo Fisco, who also represented Fipke, wrote: “The law appeared to be clearly and straightforwardly in Mr. Fipke’s favor. Therefore Mr. Fipke must be commended for staying the course in seeking a fair and just decision. Owners now have a level of protection going forward and the industry also stands to gain from the clarification supplied by the appellate court.”

In the release, Fipke stated: “I pursued this case because I believe that horse owners have the right to make decisions regarding their horses and ensure that I and other horse owners are neither denied that right nor subjected to arbitrary and unfair sanctions for exercising that right.”

 

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