ARCI Strengthens Rule Restrictions On Crop Use

Jockeys will be prohibited from using the riding crop more than two consecutive times before being required to wait three full strides in order to give the horse a chance to respond under an expanded Model crop Rule adopted by the Association of Racing Commissioners International (ARCI) last week.

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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Kentucky to Consider Whip Penalty Changes

The penalty structure for the new slate of restrictive whipping regulations passed by the Kentucky Horse Racing Commission (KHRC) back on June 16 appears to be on its way to an overhaul after the KHRC Rules Committee unanimously voted Sept. 29 to present a “days instead of dollars” system to the full board for reconsideration.

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 fromĀ  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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Kevin Attard Joins TDN Writersā€™ Room

You’d be hard-pressed to find a more successful claim in the past decade than Blue Heaven Farm’s Starship Jubilee (Indy Wind). Plucked for $16,000 from Jorge Navarro of all people in February of 2017 at Gulfstream, the now 7-year-old mare has taken trainer Kevin Attard on the ride of a lifetime, and scored her greatest triumph yet with a victory in Saturday’s GI Woodbine Mile S., becoming a multimillionaire in the process. Wednesday, Attard joined the TDN Writers’ Room podcast presented by Keeneland as the Green Group Guest of the Week to tell he and Starship Jubilee’s rags-to-riches story.

“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. “AtĀ Gulfstream, it’s really tough to claim, you’reĀ alwaysĀ kindĀ ofĀ 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’sĀ justĀ aĀ veryĀ competitiveĀ 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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Monmouth Jockeys Upset Over New Whip Rules

Several of the regulars who ride at Monmouth Park say they were never consulted by the New Jersey Racing Commission (NJRC) before banning the use of the whip starting in 2021 and, if they were, they would have told regulators they were out of touch and creating an untenable situation.

“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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