anti-whipping regulations | Horse Racing Free Tips

Montalvo, Lopez Suspended for Whip Use at Monmouth

Jockey Carlos Montalvo, who used his whip when aboard M I Six (Mission Impazible) in a July 11 race at Monmouth, was handed a five-day suspension and a $500 fine Friday by Monmouth stewards for violating the controversial regulations that largely ban the use of the crop in all thoroughbred races in New Jersey. Montalvo was suspended despite his claims that he felt it was necessary to go to the whip because of safety concerns aboard a horse who was bearing out on the far turn. New Jersey's regulations allow for a jockey to use the whip for corrective measures when he or she feels the crop is needed for safety related issues.

The stewards apparently did not accept Montalvo's claim that his safety was in danger. The New Jersey Racing Commission does not permit its stewards to speak to the media and the commission itself does not normally returns calls from the press. As of the deadline for this story, the racing commission had not returned a call from the TDN seeking comment and clarification on the Montalvo situation.

Montalvo's suspension is set to begin August 24, but his attorney, Drew Mollica, said the jockey plans on filing an appeal.

In a related development, it has been learned that the stewards issued another five-day suspension for use of the whip when setting down jockey Carlos E. Lopez for his ride in another July 11 race. Lopez was clearly using his whip to urge his horse and will not be contesting the ruling. Lopez was suspended on July 18.

To date, there has also not been a word on the status of jockey Flavien Prat, who could be facing a suspension after he was disqualified aboard Hot Rod Charlie (Oxbow) after crossing the wire first in the GI Haskell S. Hot Rod Charlie may have come over in the stretch, causing Midnight Bourbon (Tiznow) to clip heels with his rival. Aboard Midnight Bourbon, jockey Paco Lopez was thrown to the track but was not seriously injured.

Despite the new whipping rules, the first six weeks of the meet were largely uneventful and there were no incidents that led to the stewards suspending a rider. That all changed in the first race on July 11 when Montalvo clearly struck his mount three times with a right-handed whip. It also appeared that the horse, described as a “terribly mannered horse” by Montalvo's agent, Doug Hatten, was attempting to get out. M I Six eventually straightened himself out and went on to win the races at odds of 28-1.

Shortly after learning of the ruling, Mollica lashed out at the New Jersey Racing Commission.

'This suspension is contrary to everything that this rule is supposed to stand for,” he said. “Montalvo acted properly. He used the whip in an emergency situation to protect himself, his fellow riders, the horse and the betting public. His actions were exactly what this rule was created for. To now sanction him shows the hypocrisy of this racing commission and we intend to appeal this to a fair judge who understands that his use of the crop was proper in an emergency situation. The proof is in the pudding. Look at what happened in the Haskell when the jockey did not use his whip to protect the safety of another rider. A jockey in an emergency situation has to be given the benefit of the doubt. His use of the whip prevented a catastrophe and to now try to suspend him is not only hypocritical it is dangerous.”

Mollica said the appeal will be go to an administrative law judge.

In his first ride ever at Monmouth, Lopez was aboard Venezuelan Talent (Outwork) in a maiden special weight race. He had a narrow lead in the stretch before being confronted on the outside by the eventual winner Emirates Affair (Handsome Mike). Lopez went to the whip in an obvious attempt to encourage the horse. He finished second behind Emirates Affair.

Lopez's agent, Kevin Witte, said that his rider accepted responsibility for his actions, but added that his unfamiliarity with Monmouth and the rules were factors.

“It was the first time the rider rode there and he does not speak any English,” Witte said. “He was told in Spanish by another rider not to hit the horse. He understood but he carried the stick to be safe. Coming down to the wire he was in front, he felt pressure from the outside and he reacted. Jockeys have a habit of riding the way they ride. He understood the rule, but they were coming down to the wire, he was in front, felt pressure from the outside. It was just a mistake. He was used to whipping coming to the wire. He came back and said, 'I messed up. I apologize.'”

Lopez's suspension will begin July 24 and run through July 29.

Without access to the stewards or the racing commission, the TDN was not able to determine whether or not Venezuelan Talent and M I Six were disqualified from purse money because of the whipping.

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KY Advances Whip Rule That Guild Believes Can Be North American Model

After nearly two years of negotiations and rewrites, the Kentucky Horse Racing Commission (KHRC) on Tuesday unanimously advanced a more humane whipping rule that The Jockeys' Guild is endorsing as a possible model regulation for all North American jurisdictions to follow.

The chief change sets a limit of six overhand hits per race with no more than two strikes in succession to give the horse a chance to respond.

Jennifer Wolsing, the general counsel for the KHRC, explained prior to the vote that if necessary, jockeys may also use the whip “in a backhanded or underhanded fashion from the three-eighths pole to the finish line, which does not count [against] the use of the crop six times in the overhand fashion.”

Tapping the horse on its shoulder with the whip in the down position (and with both hands holding the reins and touching the horse's neck) will also be permitted. Showing or waving the whip without contact to the horse is also allowable.

The wrist holding the whip, however, can never go “above helmet height” prior to a strike, Wolsing added.

Violators can be punished with either a $500 minimum fine or a three-day minimum suspension. If the stewards believe that the violation is egregious or intentional, they can impose both a fine and suspension.

The KHRC's Rules Committee had voted in this latest round of proposed changes on May 3 based on input from Guild members and executives.

“We feel that this rule is a fair compromise, and is in the best interest of our industry,” Terence Meyocks, the president and chief executive officer of the Guild, said after the vote.

Meyocks added that Kentucky's new rule could be the basis for a model whip rule that gets implemented throughout North America instead of relying on the current patchwork of differing jurisdictional standards.

Although no timetable for implementation was discussed during Tuesday's meeting, KHRC executive director Marc Guilfoil told TDN last month when the regulation advanced out of the rules committee that after passage by the full KHRC board, the measure next has to be approved by the state legislature, whose leaders have indicated support for the version the commission passed on Tuesday. Guilfoil had estimated that legislative process could take up to seven or eight months.

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JPMorgan, Four Corners Racing’s Anthony Trimarchi Joins Writers’ Room

It was an eventful few days for racing in the northeast, and the TDN Writers' Room presented by JPMorgan Private Bank broke down all of the latest developments in the Monmouth jockey standoff and the raids on Parx barns by the Pennsylvania Racing Commission Wednesday morning. Plus, they welcomed Four Corners Racing's managing partner Anthony Trimarchi as the Green Group Guest of the Week to discuss his experiences as a new owner in the game and the economics of racing from a banking perspective.

“I was exposed to racing at a real young age because I grew up in Albany, just south of Saratoga,” Trimarchi said of his history in the game. “Every year of my life, I would spend a day at the races with my extended family in the backyard at Saratoga and hanging out at the picnic area at the top of the stretch. I loved going to the track as a kid for the same reasons I love it today. It's an amazing, outdoor sport with beautiful horses, excitement, competition, crowds, numbers, colors. As I got older, I kept going, introducing a bunch of college friends to Saratoga. I had my bachelor party at the Travers in 2010. Fast forward to today, I've been involved on the ownership side for about five years and it's all come full circle for me because I've taken my kids to the track. I've got three elementary school-age children who have all been in the paddock at Belmont, Saratoga and Aqueduct. They've been in the winner's circle at Oaklawn Park. I just hope that they'll have the same fond memories that I have from when I was a kid, and I can't wait to make new memories with them over the next 10, 20, 30 years.”

Also a managing director at JPMorgan Private Bank, Trimarchi was asked from an economic standpoint why he thinks racing has struggled to find new owners despite skyrocketing purses over the last decade-plus.

“I think it's just all about exposure and awareness,” he said. “The purses are attractive if you structure your business the right way and have the right partners. And the shot of adrenaline that you get leading up to a race or when you win a race, I wish I could put that in a bottle because I'll be chasing that the rest of my life. The first time I was in the winner's circle, I decided I was going to own a horse. I saw the sport [initially] through clients who were major owners who had dozens of horses running all over the place. I didn't understand what entry [into the game] would look like. I thought it was the kind of thing you needed to be a billionaire to do. It's not. It requires some disposable income obviously, but you can do it responsibly and get exposure. I'm a great example of that. I started out doing small syndicate stuff, I saw the sport, I saw the risk, I understood it, and I decided I wanted to do more.”

Elsewhere in the show, which is also sponsored by Keeneland, West Point Thoroughbreds, the Minnesota Racehorse Engagement Project and Legacy Bloodstock, the writers questioned whether or not there would be any long-term consequences for Bob Baffert from the embarrassment of the Derby and looked forward to Memorial Day Weekend stakes action. Click here to watch the podcast; click here for the audio-only version.

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Six-Strike Overhand Whipping Rule Could Be Legal in Kentucky by February

The Kentucky Horse Racing Commission (KHRC) is on its way to a long-planned rewrite of the state's whipping rules, and the chief change would set a limit of six overhand hits per race with no more than two strikes in succession to give the horse a chance to respond.

In addition, the penalty structure will be tweaked. As explained by Jennifer Wolsing, the general counsel for the KHRC, “The stewards would be able to impose a $500 minimum fine or a three-day minimum suspension. Or, if the stewards believe that the violation is egregious or intentional, then the stewards could impose both.”

Last June, the KHRC voted to advance extensive whip-rule changes based on a limit of six underhanded strikes per race. But that proposal ended up getting paused when it became evident to the commission that the legislature was unlikely to approve it into law.

The KHRC's Rules Committee voted in the new round of proposed changes on Monday. The full KHRC board still has to vote on the measure June 15, but there doesn't appear to be any impediment to passage, KHRC executive director Marc Guilfoil told TDN in a follow-up phone call.

The measure then would have to be approved by the state legislature, whose leaders have indicated support for this latest version. Guilfoil estimated that legislative process could take seven or eight months.

“So it should be in effect–if everything goes good, and I don't see why it wouldn't–by February of next year,” Guilfoil said.

Stakeholders who contributed to the May 3 compromise, which got hammered out over the last few weeks after being extensively debated for the past year and a half, voiced agreement that this latest version still isn't going to be ideal for everybody, but that it could end up being a good enough fit to provide a workable model for a uniform rule across all jurisdictions.

“You strive to get the perfect rule. You don't always get there,” said Guilfoil during the tele-meeting, noting that the KHRC has been working with everyone from jockeys to legislators to try and get its rule right. “I think this is something that everybody can live with…We're going to start talking to some other states, and see if we can get uniformity.”

Terence Meyocks, the president and chief executive officer of the Jockeys' Guild, told the Rules Committee his members are willing to go along with this proposal in the interest of trying to get a continent-wide rule on the books.

“Hopefully, we adopt a rule in Kentucky that could be an important first step to the adoption of a uniform riding crop rule in North America,” Meyocks said. “It's important that we remember that there was indeed compromise on behalf of both parties, the riders in the Guild and the KHRC. Having different rules in so many different various states is no good for anybody.”

The KHRC's chief state steward, Barbara Borden, said the revised penalty structure would be particularly useful moving forward.

“There are many times we struggle with the mandatory penalties that are scattered throughout our regulations and don't always give us discretion when we feel like we need it,” Borden said. “So in this instance, we're pleased with the way this is written, that we have a baseline to start with. And should a person violate a regulation over and over again, we like the penalties to escalate, particularly if it's an egregious offense or if we feel like somebody is just ignoring the regulation.”

Currently, most first-time whip-rule violations are penalized with a $250 fine, Guilfoil told TDN.

Wolsing said jockeys will be limited to “six instances of overhand use of the crop at any time. The overhand use of the crop cannot go above the rider's helmet. And the rider would not be able to use the crop in the overhand fashion more than two successive instances without giving the horse a chance to respond.”

Wolsing continued: “Backhanded or underhanded-fashion use of the crop is going to be okay from the three-eighths pole to the finish line. It will always be okay to tap the horse on the shoulder in the down position as long as both hands are on the reins and on the shoulders of the horse. And certainly showing and waving the crop in front of the horse is also okay.”

There was brief debate over why six strikes has evolved as the standard. Wolsing explained that it's important to note that in Kentucky, the state constitution bans “arbitrary and capricious actions by state governments,” so the number of hits has to be codified and can't be left up to a judgment call by the stewards.

“At some point you have to have a certain number of strikes,” Wolsing said. “This is a number that has been adopted by other jurisdictions as well. It's a very reasonable number [and a number that stakeholders arrived at by] taking into consideration what would be appropriate for the jockeys as well as the horses.”

Wolsing said she foresees no problem with the commission being able to defend that six-strike number if it ever got challenged in court.

Mike Ziegler, the senior vice president and general manager of Churchill Downs Racetrack, said during the meeting that the change represented “a good balance,” adding that, “We're not going to let 'perfect' get in the way with 'really good.'

“Let's get this thing going, turn the page, and get on to other things,” Ziegler said.

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