’23 Dates for Northern California Edge Closer to Finalization

A 2023 race dates template for the Northern California circuit came closer to being finalized at Thursday's California Horse Racing Board (CHRB) meeting, with commissioners unanimously voting to largely mirror the framework of the 2022 schedule.

The lone exception was that the board held off on a decision on whether Ferndale (Humboldt County Fair) would once again have to run its second of two weeks of racing at the end of August against overlapping competition from the commercial licensee Golden Gate Fields.

That part of the vote was parsed out and will instead be taken up by the CHRB at the December meeting, leaving time for those two license applicants to possibly reach a compromise so commissioners don't have to impose one.

A separate lengthy discussion during the nearly 3 1/2-hour meeting involved whether Sacramento (the state fair at Cal Expo) would retain its contiguous three-week block of dates during July, or if Santa Rosa (Sonoma County Fair) would instead be allowed to expand its own August block from two weeks to three.

Commissioners ultimately decided that issue by voting to leave Cal Expo's three-week slot intact, based partially on the Sacramento track's stated commitment to try night racing this year. Lights are already installed and used at that oval for harness racing.

“We are going to actively pursue looking at night racing,” said Larry Swartzlander, the executive director California Authority of Racing Fairs (CARF). “Night racing could be very lucrative financially,” he added, from the perspective of Sacramento not having to go up against major earlier-slotted simulcast signals like Saratoga and Del Mar.

However, the board did indicate that in 2024, that sought-after third week could get awarded to Santa Rosa, which offers the appeal of being the only NorCal fairs meet that has a turf course. Exactly how that third week would be carved out of the current schedule would have to be decided next year.

“We know the horsemen would much rather be in Santa Rosa than here in Sacramento,” said Rebecca Bartling, Sonoma County Fair's chief executive officer. “The weather's much better. We also feel that the purses would be much stronger.”

Alan Balch, the executive director of the California Thoroughbred Trainers (CTT), was among those who advocated for Santa Rosa to get a third week of racing in 2024, but said, “where it comes from and how it's structured is something else again, because you have so many competing factors to deal with.”

CHRB vice chair Oscar Gonzales said that at this time, the board couldn't technically make a promise to Santa Rosa that commissioners would vote in 2023 for a three-week meet there in 2024. But he did want it on record that the board would strive to “strike a balance” on the issue.

“It's been a very difficult last couple of years for all parties involved,” Gonzales said, alluding to the pandemic. “And it's very clear stakeholders love Santa Rosa, us included.”

Gonzales then called on CHRB staffers and its legal team to come up with “a motion that can kind of hold us to the [Santa Rosa] commitment, but without making, you know, an outright promise.”

Bartling then respectfully interjected: “Isn't a commitment a promise? Or a promise a commitment?”

The CHRB then proceeded to vote on the NorCal dates, minus the Ferndale/Golden Gate impasse that had already been kicked back to the December meeting. But commissioners apparently acted without realizing no actual motion had been verbalized and/or read into the record. Nor were the actual race dates for any of the other NorCal tracks specifically referenced during the meeting prior to the voting roll call.

After the meeting, TDN contacted CHRB spokesperson Mike Marten, who said that the commissioners had intended to vote upon the slate of dates that were printed in the meeting packet, with the non-binding commitment that Santa Rosa would get three-week consideration for 2024.

So the 2023 schedule reads as follows (the dates are awarded in blocks to determine simulcast host status and do not reflect the actual schedule of race dates):

Golden Gate-Dec. 22, 2022 to June 13, 2023

Pleasanton-June 14 to July 11

Cal Expo-July 12 to Aug. 1

Santa Rosa-Aug. 2 to Aug. 15

Ferndale-Aug. 16 to 29 (potential week overlap with Golden Gate TBD)

Golden Gate-Aug. 23 to Oct. 3 (potential week overlap with Ferndale TBD)

Fresno-Oct. 4 to 17

Golden Gate-Oct. 18 to Dec. 19

Regarding the Ferndale/Golden Gate standoff, several stakeholders discussed the main issues.

Jim Morgan, the legal counsel for the Humboldt County Fair, pointed out that Ferndale needs two weeks of live racing and simulcasting revenues with host status just to survive.

Morgan also explained that, unlike Golden Gate's commercial meet that he believes primarily serves as an exported simulcast product, Ferndale draws bigger live crowds that grow on-track interest in the sport, and its meet better dovetails with neighboring Oregon's fairs season, meaning those horses often ship to and stay in California, bolstering the field sizes at other tracks.

“We're talking one week. Golden Gate has all of the rest of the year,” Morgan said. “The county can't keep paying us a grant every year to stay alive, and [the continued overlap] would kill off this venue. And I don't believe, percentage-wise, that one week's revenue for Golden Gate Fields makes a big difference in their livelihood or outcome. But it makes a world of difference for Humboldt County Fair. We should not be penalized because we're smaller.”

Balch, of the CTT, weighed in with support for Golden Gate keeping its week of racing and host status instead of having Ferndale get it.

“I think it's extremely important to remember that Golden Gate Fields is the anchor and the fundamental foundation for fair racing in Northern California, because Golden Gate is the track that keeps the industry going on a year-round basis,” Balch said, adding that  “there's always been tension in balancing the interests of Golden Gate with the fairs.”

Craig Fravel, chief executive officer at 1/ST Racing, spoke on behalf of Golden Gate. Under questioning from commissioners, he conceded that his organization would likely “be supportive” of an idea that got brought up whereby Ferndale got its unopposed second week of live racing while Golden Gate retained simulcast host status during the same time.

“Everyone keeps expecting us to stay open for training while meets are taking place at fairs, [so] being compensated for [that expense] would certainly be something that we would welcome, and [having] a break in the calendar is not a negative for us,” Fravel said.

Swartzlander, of CARF, urged everyone to look at the overall picture.

“We all have to understand that racing in Northern California is a continuum,” Swartzlander said. “Like any major sports, we have our AAA, AA and A teams. [The smaller entities] support the Del Mars and the Santa Anitas. We need to keep the fairs in strength, and we support what goes on in all racing.”

The CHRB had already finalized the Southern California racing schedule at its September meeting.

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Jamgotchian Sues CHRB Over Name Controversy

Thoroughbred owner Jerry Jamgotchian, who has a decades-long history as both a plaintiff and defendant in lawsuits involving horse racing entities, went after the California Horse Racing Board (CHRB) in federal court on Monday, claiming that his constitutional and civil rights were violated when the stewards at Los Alamitos Race Course denied entry to one of his horses this past summer over its purportedly controversial name.

Although the Oct. 17 United States District Court (Central District, Southern Division) civil complaint puts forth a legal argument based on whether the horse Malpractice Meuser (GB) {Helmet (AUS)}had the proper registration documentation to be allowed to race, the subtext of the case is predicated on claims that Jamgotchian's naming of the horse allegedly equates to intentional trolling or harassment of a Kentucky-based lawyer who shares that surname.

And even though that attorney was not specifically referenced in any of the court documents filed by Jamgotchian, the Louisville Courier-Journal reported as far back as May 28, 2021, that a court battle was brewing over Jamgotchian's desire to name horses that allegedly “tweak” the well-publicized legal troubles of trainer Bob Baffert.

At that time, reporter Tim Sullivan wrote that “Jamgotchian wants to call one of his colts Bad Test Bob-a jab at Baffert's recent rash of drug positives.” He also reported that Jamgotchian had paid “$1,000 to challenge the Jockey Club's refusal to sanction Malpractice Meuser, a name previously approved in the United Kingdom and inspired by one of Baffert's attorneys, Michael Meuser.”

As Jamgotchian stated in that Courier-Journal story, “As soon as we get through this, I'm going to federal district court and filing a civil rights action…And they're going to get smoked.”

Now, nearly a year and a half later, Jamgotchian has followed through on that threat of litigation, with the CHRB as the defendant. The colt's breeder, Theta Holding I, Inc., is a co-plaintiff.

The complaint alleges the CHRB violated First, Fifth and Fourteenth Amendment rights, plus federal civil rights and California state constitution rights. Among the remedies Jamgotchian seeks via jury trial are damages in excess of $250,000, plus a ruling allowing Malpractice Meuser to race in California.

Via spokesperson Mike Marten, the CHRB declined the opportunity to tell its side of the story, citing a policy of not commenting on pending litigation.

When the Bad Test Bob name got rejected by The Jockey Club, Jamgotchian told the Courier-Journal that it was not a jab at Baffert, but instead referred to “one Bob Dreyfuss of Chatsworth, Calif., and his test for COVID-19.”

In Monday's court filing, Jamgotchian asserted that under free speech laws, “Even if Malpractice Meuser's approved name might refer to a living or deceased individual with a name that includes 'Meuser, 'or refers to no one at all, it is not a valid ground to prohibit the use of such name.”

Jamgotchian's complaint stated that Malpractice Meuser had the proper Jockey Club certification from Great Britain, where the colt was foaled, and subsequently got registered as a “covered horse” once the new federal Horseracing Integrity and Safety Act requirements became active in 2022.

But, the suit stated, when Jamgotchian wanted to enter Malpractice Meuser at Los Alamitos, “The sole reason for denial of the entry was the lack of a certificate of registration for Malpractice Meuser from The Jockey Club of New York, a private club which is not a governmental entity. [And] the sole reason, in turn, the New York Private Club refused to issue a certificate of registration was the name Malpractice Meuser.”

Malpractice Meuser has raced twice in his career, but has now been off for over a year. He finished third in his Mountaineer Park debut on June 30, 2021, then fifth at Indiana Grand on Oct. 14, 2021, for trainer Eric Reed and jockey Sonny Leon.

Both times, the court filings stated, “There was no public disturbance due to the name of Malpractice Meuser when he raced.”

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CHRB Issues Advisory

Scott Chaney, the California Horse Racing Board (CHRB)'s executive director, issued the following advisory on Sept. 21:

“On April 21, 2021, the amended language to Rule 1588 (Horse Ineligible to Start in a Race) became effective. More specifically, that rule requires that in order to run, a horse must be on the grounds of a CHRB inclosure and in the care of a licensed trainer for seven days prior to the race.

Horses cannot leave the grounds during this seven day period except to travel on a van between CHRB inclosures.

In other words, within 7 days of a race, horses are not permitted to go to a farm, clinic, or any place other than CHRB inclosures. Violation of this rule can result in a scratch and sanction for the responsible licensees.”

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Blea to Return As California Equine Medical Director Sept. 21

Jeff Blea, on administrative leave from his post as California Horse Racing Board (CHRB) equine medical director since early January after the California Veterinary Medical Board (VMB) successfully petitioned to have his license temporarily suspended, is set to officially return to the position Sept. 21 having reached a settlement with the VMB, according to Michael Casey, Blea's attorney.

As a condition of the settlement, Blea is required to undergo continuing education classes in record keeping, Casey said. Blea will also be on a three-year probationary period.
“If you look at the disciplinary guidelines, probationary periods are required for record keeping or really any violation, so, it shouldn't be a surprise to anybody that there is a probationary period,” said Casey.

Casey was unable to offer any further information when pressed about the circumstances surrounding Blea's suspension.

In pushing for the interim suspension, the veterinary medical board had charged Blea with various alleged violations, including prescribing, dispensing, and administering medications without performing a proper examination and diagnosis.

The TDN conducted an investigation into the accusations against Blea and found a consensus among several prominent equine veterinarians around the country that the case amounted largely to relatively minor record keeping violations, those typically resulting in fines.

The settlement order has not yet been posted on the VMB's website. The TDN reached out to the California Department of Consumer Affairs for comment but didn't receive a response before deadline.

The CHRB also had no comment prior to publication, but it had hitherto thrown its support behind Blea, and had asked the VMB to withdraw its petition for the interim suspension.

The genesis of this story ostensibly traces back to February of 2021, when the veterinary medical board allegedly received an anonymous complaint concerning the “unsafe treatment of equine patients” by multiple Californian racetrack veterinarians.

On Dec. 17, the veterinary board lodged formal accusations against Blea, accusing him of several violations, including allegedly prescribing, dispensing, and administering medications to racehorses without establishing a veterinarian-client-patient relationship, without performing an examination, and without forming a diagnosis.

At an emergency hearing on Christmas Eve, the veterinary board successfully petitioned an interim suspension of Blea's veterinary license.

The medical board's action to temporarily suspend Blea's license was a rare move, typically reserved for veterinarians charged with some of the more egregious veterinary and professional offenses, and those deemed an imminent danger to the animals in their care.

Blea had not actively practiced veterinary medicine since July of 2021, when he assumed the role of equine medical director.

In arguing the suspension, the medical board also referenced the recent sudden death of the Bob Baffert-trained Kentucky Derby winner Medina Spirit on Dec. 6, and the horse's ongoing postmortem examination, arguing that Blea presented a danger to “public health, safety and welfare” were he to continue in his role as equine medical director.

The TDN conducted an investigation earlier this year into the board's accusations against Blea, asking whether other events that had occurred around that time–including Medina Spirit's sudden death–rendered the veterinary board's actions more political theater than medical necessity.

The investigation found a consensus among eight veterinary medical experts who described the accusations largely as matters that rarely, if ever, rise to the level of a suspended license, and that the board had misrepresented the unique nature of veterinary practice on the backstretch where veterinarians with multiple barns under their care can build the sort of daily relationship with their animals typically absent from traditional small animal practice.

“We might not even fine him for this,” said Eric Peterson, former member of the Kentucky Veterinary Medical Board, at the time.

Since Jan. 12 when UC Davis–which contracts out to the medical director position to the CHRB–officially placed Blea on administrative leave pending a formal review of his license, his professional status has essentially remained in limbo, having had to temporarily step away from his other professional affiliations, including his post on the Horseracing Integrity and Safety Act's committee on Anti-Doping and Medication Control.

Come Sept. 21, there will be “no restrictions on his involvement with any veterinary organization and I fully anticipate Jeff will be back serving the equine community in all capacities where his knowledge and skill will continue to focus on equine safety and welfare,” wrote Casey, in a follow-up text.

The settlement does not put an end to the veterinary medical board's scrutiny of veterinary practices across racetrack backstretches in California.

The VMB is involved in ongoing cases against veterinarians Kim Kuhlmann, Steven Boyer and Kenneth Allison in Northern California, and against veterinarians Sarah Graybill Jones and Vince Baker in Southern California.

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