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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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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“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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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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The modified rule tightens restrictions already in place but clearly says that any use of the crop to “urge” the horse must be limited. The new RCI Model Rule continues to rely upon the judgement of the Stewards as to when to impose sanctions, but is clear that using the crop more than two consecutive times or not waiting three full strides before reuse is to be regarded as a rule violation.

The RCI did not include an overall strike count in the actual rule but did approve corresponding guidelines to advise officials that use of the crop for more than six strikes during the race is something to be assessed.

“If our accredited Stewards cannot judge when a jock has crossed the line then perhaps they should not be in the stand,” said former jock and racing official Doug Moore who is Executive Director of the Washington State Racing Commission and Chair of the RCI Rider and Driver Safety Committee. “If the officials fail to exercise their responsibility in this matter then the feeling at the meeting was that the matter must be reviewed up top in assessing someone’s job performance and deciding whether to keep them on.”

“Several years ago we changed the riding crop requirements to rely upon poppers which provide an audible stimulation to the horse in addition to the visual one of showing the horse the crop,” said RCI Chairman Tom Sage. “As a result, it is extremely rare to find a horse with evidence of crop misuse coming in off the track. In helping to protect the horse we may have created an opposite impression with the public as they now hear the noise coming from the crops.”

RCI President Ed Martin noted that testimony from the Jockey Club as to public perception was taken to heart and the regulators found it compelling to help address that by defining clearly what the chance to respond should be.

“The image of someone wailing away on a horse coming down the stretch is not a good one for a sport struggling to assert a positive image. But controlled and limited use with three full strides to respond was something the regulators believed would help mitigate that,” he said.

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In essence, a series of escalating disciplinary actions will replace the suspension-plus-fine system that was originally based on a percentage of the purse being taken away from  riders who violate the “six underhanded strikes per race” rule (with only two of those strikes allowed in succession and with whipping in the first furlong of races not counting against the six strikes).

On Tuesday, committee members debated whether removing the monetary fines would provide enough of a deterrent to keep jockeys from violating the new rules, which have not yet gone into effect. They also discussed how the Kentucky penalty structure might or might not contribute to nationwide uniformity, as a number of other jurisdictions are also in the midst of implementing new anti-whipping rules.

Trainer Wesley Ward, a retired champion jockey, told fellow committee members that, “I don’t think that fining them is going to make any difference at all. The days is what really stops things.

“I’ve been in both situations,” Ward continued. “As a rider, you’re getting down into the race, and if you can hit [your mount] they win. [So] I think a lot depends on the rider and the significance of the race. That’s number one. And when you talk about the [GI] Kentucky Derby, you’re not going to stop the guys [from whipping beyond the rules]. They’re going to take a [suspension] or whatever if they feel they need to do that to win the race. Now on an everyday Wednesday or Thursday, I think they’re going to adhere to the rules.”

Rules Committee chair Mark Simendinger candidly admitted that, “I guess my feeling is that the chances of us getting this right the first time is probably not real high. I would just like to get started and see how it goes. And once we start seeing whether it’s working or not working it’s going to become more apparent to us what we have to do to make the changes that we have to.”

The KHRC’s Safety and Welfare Committee will next need to sign off on the changes, with the full commission likely voting on the new penalties at its Oct. 20 meeting.

According to an edited and redlined set of the new proposed penalties, seven or more strikes of a horse by a riding crop in a race shall result in penalties as follows:

First offense: a verbal warning.

Second offense: One to three-day suspension (discretion of the stewards, for this item and those below).

Third offense: Three to five-day suspension.

Fourth offense: Five to 10-day suspension.

Fifth offense: 10 to 15-day suspension

Sixth offense or more: Up to one-year suspension.

The stewards will retain the discretion to assess a suspension of up to one year for an egregious misuse of the crop, regardless of the number of times that the jockey struck the horse or the number of times that the jockey or driver had previously violated this regulation.

If a jockey rides for six consecutive months without a crop violation in any jurisdiction, then his or her penalty schedule is reset, such that subsequent crop violations will constitute a first offense.

The stewards and commission shall consider any mitigating or aggravating circumstances properly presented when assessing penalties pursuant to this administrative regulation.

A rider cannot receive multiple disciplinary actions on the same race card without verbal confirmation of any prior rule violations by the stewards. Failure of prior notice will result in a single violation recorded for the race card.

A suspension may be increased if it is determined that an appeal of stewards’ ruling under this regulation is deemed “frivolous.”

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“We were just looking for horses to bring back to Woodbine at the time,” Attard recalled of he and dad Tino Attard’s thought process back in 2017. “At Gulfstream, it’s really tough to claim, you’re always kind of shaking for horses that look legit on paper and have good form to them. So we had gotten out-shook a lot of times with a couple of claims we had put in. She had come across on form like she had some potential, had run some decent enough races, seemed like she was appreciating stretching out a bit. So we took a chance and we were lucky enough to win the shake that day. And the rest is history.”

Now with 19 wins in 38 starts and hardly any duds in her past performances, it’s clear that Starship Jubilee has something special about her. Attard tried to pinpoint what it is that makes the mare so consistent.

“She’s just a very competitive horse,” he said. “Even in the morning, she’s not an easy filly to train in the sense that when she wants to go, you have to have a good exercise rider on her. And Ricardo Pilgrim, who’s been galloping her, has done a great job with her here at Woodbine. So we’ve been fortunate with that. She’s very feisty, has a lot of sass and attitude about her, and is not a typical mare that you can just hug or cuddle up to. She’s got some fire and if you’re not on your toes, she’ll bite you. She could kick you. She’s really a handful when she wants to be, and I think that translates onto the racetrack. She just brings that attitude with her to the track. Whether it’s competing against the fillies and mares or the boys, she’s just ready to lay it down and give her best.”

Elsewhere on the show, the writers reacted to the development of the first guilty pleas stemming from March’s FBI indictments and debated the wisdom of restrictive new whip rules. Then, in the West Point Thoroughbreds news segment, they discussed Tiz the Law (Constitution) skipping the GI Preakness S. to train up to the GI Longines Breeders’ Cup Classic. Click here to watch the podcast; click here for the audio-only version.

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“This is a really, really, really bad decision,” said Antonio Gallardo, who is fourth in the current standings. “You can’t just take the whip right away like that. If they wanted to put in a rule like they have in Europe, where you can’t whip the horse more than something like eight times, I’d have been fine with that. But what they did is just take the whip away. It’s ridiculous.”

Beginning with the opening day of next year’s Monmouth meet, New Jersey will become the first state to outright ban the use of the whip. The only exception is when a rider feels it is needed for safety purposes. The measure was approved by a 4-0 vote at Sept. 16 meeting of the NJRC.

“The prohibition of the use of riding crops, except when necessary for the safety of horse or rider, will be perceived in a positive light by the general public,” read a statement from the NJRC. “The proposed repeal and new rules are of the utmost importance in adapting the industry to avoid the currently negative public perception of whipping a horse.”

Among the eight Monmouth riders interviewed by the TDN, only newcomer Ferrin Peterson supported the whip ban.

“I have no problem with the new rule,” she said. “I think it will reward good horsemanship, and riders may have to rely upon different skills, but at the end of the day, horses love to run no matter how we encourage them to do so.”

The others were against the change and brought up a number of issues, including safety concerns, uncompetitive racing and that commissioners who have little knowledge of racing and horsemanship are behind the changes.

Joe Bravo, who has won 13 riding titles at Monmouth, said that the changes fail to take into account several factors and the whip ban will “change horse racing as we know it.” Among Bravo’s concerns is his belief that the elimination of the whip will fundamentally change the way races are run.

“I am shocked by this,” he said. “This rule takes away all the competition that makes up a horse race. The competitiveness of the race will be the biggest change. How do you get horses that are next to one another to go on and fight and have a race down the lane? There will be no competition. Horses are pack animals. They follow one another. How will you get them to pass one another? From a competitive standpoint, these races will be really dull.”

Gallardo agrees with Bravo’s point and says that there is going to be backlash when it comes to the bettors.

“Who’s going to want to bet on Monmouth Park? Nobody will bet on it,” he said. “One hundred percent, nobody will bet on Monmouth with no whips. If nobody bets there will be no money. No money, no racing. Game over.”

Paco Lopez, Monmouth’s leading rider and someone known for an aggressive style, said there are horses that will not give their best without encouragement. Take the whip away, he said, and there will be horses that will underperform.

“I’m not happy about (the new whip rule),” he said. “This will change the races a lot. There are some horses that really need the whip. People are paying a lot of money for these horses and when you can use the whip any horse can win.”

Lopez also mentioned safety factors, which has become a common refrain from riders throughout the country as more and more states look to either ban the whip or curb its use. The jockeys say the whip is a tool to keep them safe when a horse starts to otherwise become uncontrollable.

“This is going to make it more dangerous,” Jose Ferrer said. “You need the whip to correct the horse. These horses have their own minds. The whip is a weapon we have to be able to control the horse.”

Said jockey Jorge A. Vargas: “This will make it a lot more difficult when you are trying to keep a horse straight. You won’t have anything to make them do what you want them to do. They know that when they feel something, it means they are doing something wrong, that you are telling them they have to do it right. This will make it more dangerous. They will do stuff that you might not be able to see on a replay or watching the race live, but the jockey feels something and you have to correct them right away. It’s not like you can just talk to them and make them understand.”

So far as public perception goes, jockey Hector Diaz, Jr. said that people should understand that the jockeys are not abusing the horse when using the whip.

“I became a rider four years ago and they have changed the whip already three times, making it safer,” he said. “With the whips we are using right now, I don’t feel like we are hurting the horse. It makes more noise than anything else. It’s soft. Nobody should abuse the horse and nobody should hit them five, six times in a row. I can only talk about myself, but when you see me riding I never hit my horse more than two or three times in a row. I hit them once, twice and let them respond. I don’t think I abuse the horse.”

Ferrer also described himself as the type of rider who does not go overboard with the whip.

“I love my horses and I never want to abuse them,” he said. “It is something you need to pick them up or wake them up a little bit. We are not abusing these horses.”

Had the NJRC conferred with the jockeys, those are the stories they would have heard. While that may not have changed the minds of any of the commissioners, the jockeys feel their opinions should have been taken into account.

“You have people who don’t really know the industry calling the shots,” said veteran Chris DeCarlo. “They’ve never come down and asked for our opinion, which I think they should. They can’t just make these rules up without asking us.”

“They did something overnight without asking any of the riders or the horsemen,” Bravo said. “How can four people with very limited knowledge of horsemanship vote in this ruling? I’ve seen where (NJRC Executive Director) Judith Nason said she rides horses. With all due respect, that’s in a riding ring. They came in and, overnight, voted in something that’s going to change horse racing as we know it.”

But Bravo admitted that, at this point, there is little the riders can do other than come back next year and try their best to make the necessary adjustments.

“I don’t know what we can do,” he said. “As they say, there is no fighting City Hall.”

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Spanning three new rules covering prohibition, allowable usage for safety, and whip construction, the trio of regulations were voted in 4-0 by the New Jersey Racing Commission (NJRC) at its Sept. 16 meeting, making the state the first in the nation to ban whipping beyond protection in an emergency situation.

If a jockey or exercise rider uses the riding crop in a manner contrary to the new rules, he or she will be subject to a fine, suspension, or forfeiture of the jockey’s share of the purse “if, in the opinion of the stewards, the unauthorized use of the whip caused the horse to achieve a better placing,” the new rules state.

Judith Nason, the NJRC’s executive director, said the new regulations could be approved by the state office of administrative law in time to go into effect at the tail end of this autumn’s Meadowlands-at-Monmouth meet.

But after fielding a question about timing from Dennis Drazin, the chairman and chief executive of Darby Development LLC, which operates Monmouth, Nason said the commission is open to waiting until 2021 to begin enforcement in Thoroughbred races (the rule also covers Standardbred racing).

“That would give us a chance to meet with the jockeys and educate the jockeys regarding the new rule,” Nason said.

If a rider does use the whip on a horse, the rules state that the strike shall not be “in a manner that causes any visible sign, mark, welt, or break in the skin of the horse, or that is otherwise excessive.”

The rules continue: “If the riding crop is used, under the supervision of the stewards, there shall be a visual inspection of each horse following each race for evidence of excessive or brutal use of the riding crop.”

The whips must be “soft-padded [and] have a shaft and a soft tube” that does not exceed eight ounces in weight or 30 inches in length, with a minimum shaft diameter of three-eighths of one inch.

“The shaft, beyond the grip, must be smooth, with no protrusions or raised surface, and covered by shock absorbing material that gives a compression factor of at least one millimeter throughout its circumference,” the regulations state.

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