In the face of an end run in the Kentucky legislature, The Jockey Club will rescind its 140 mare cap for stallions, the organization announced in a press release Thursday morning.
“The Jockey Club announced today that it is rescinding the following italicized language in Rule 14C of The Jockey Club's Principal Rules and Requirements of the American Studbook that addresses limitations to the total number of mares bred per stallion: The total number of broodmares bred per individual stallion whose year of birth is 2020 or thereafter shall not exceed 140 per calendar year in the United States, Canada, and Puerto Rico. The Jockey Club shall limit the number of Stallion Service Certificates for such stallions to a maximum of 140 per calendar year.”
The press release continues, “A similar rule was first proposed in September 2019 before being adopted in its current form by the board of stewards in May 2020, following extensive public comment.”
“The Jockey Club board of stewards is rescinding this rule as it is concerned that the reaction to the rule may divide the industry at a time when there are many important issues that need to be addressed with unity,” said Stuart S. Janney III, chairman of The Jockey Club. “We are taking this action for the greater good of the entire industry. The Jockey Club remains committed to the sustainability and welfare of the breed and will continue to invest in programs and research that will bolster and support the industry in the years to come.”
On Tuesday, the Speaker of Kentucky's House of Representatives David Osborne co-filed a bill that would prohibit “a registrar of Thoroughbreds” from restricting “the number of mares that can be bred to a stallion or otherwise refuse to register any foal based upon the number of mares bred to the stallion.” The bill was expected to be voted on Thursday, and observers expected rapid passage.
The measure would have empowered the Kentucky Horse Racing Commission to “select and utilize an entity to serve as the registrar,” meaning that the state's selection might not necessarily end up being the 128-year-old, industry-standard TJC. Yet if the chosen registrar had ended up being TJC and that organization does not “submit to the jurisdiction of Kentucky” and “comply with the laws of this chapter,” the bill's summary states that Kentucky will amend state statutes to instead “allow the Kentucky Thoroughbred Development Fund registrar to stamp a Thoroughbred's certificate with the registrar's seal.”
In May, 2020, The Jockey Club announced that it had adopted a rule limiting the annual breeding of individual stallions to 140 mares, and that the rule would apply to foals of 2020 and later. They argued the purpose of the rule was to “preserve the health of the Thoroughbred breed for the long term.” At the time, Jockey Club President and CEO James Gagliano said that, “we neither expect nor see a basis for a legal challenge.”
But in fact, the rule was quickly challenged in the form of a lawsuit brought by Spendthrift, Three Chimneys and Coolmore, who collectively stood 16 stallions who bred over 140 mares in 2020.
For its part, The Jockey Club quickly filed a motion in federal court to dismiss what they called a “scattershot and meritless” lawsuit.
This story will be updated.
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