Terry Meyocks, the president and chief executive officer of the Jockeys' Guild, confirmed to TDN shortly after 6:00 p.m. Eastern time Friday that, “We're good to go on Saturday. We got the assurances that the jocks will be comfortable with.”

Issues over the insurance policy at Lone Star first surfaced after jockey Carlos Montalvo suffered head injuries there in a July 4 racing spill.

A Paulick Report story earlier this week stated that Montalvo claimed he was unable to find a medical specialist willing to honor the accident policy purchased by Lone Star's parent company, Global Gaming, even though that policy is nearly identical to others around the nation that do provide sufficient coverage. The issue reportedly had to do with surgeons and other doctors wanting to get paid up-front rather than waiting for insurance claims to be processed.

When the Lone Star riding colony couldn't ascertain that the policy would provide sufficient coverage moving forward, they opted as a group not to ride the Thursday, July 14, races. Track management attempted to work with the insurance underwriter on Friday to rectify the situation, but when that didn't happen by late afternoon, Lone Star itself called off the July 15 program.

Asked what fundamental changes were made to satisfy the jockeys that they would get proper care, Meyocks declined the opportunity to elaborate.

“I think we're going to keep that to ourselves. But the jocks are comfortable with it,” Meyocks said.

“Lone Star has done everything they can to work with and correct the situation,” Meyocks said. “It's just one of those situations that maybe the system needs to be looked at and further explained. But we haven't had this situation anywhere else, and I don't know if it's just timing, or whatever. But we got it corrected, and hopefully it will be a positive [development] for the future that we can take nationwide, which is what we've been talking about for the last four or five years.”

Although Lone Star itself had yet to make an official announcement in time for the deadline for this story, it appears as if Saturday's “Summer Turf Festival” and Sunday's “Stars of Texas” programs featuring nine total stakes will go as scheduled, with post times both days at noon Eastern.

That's welcome news to Lone Star horse people, who had already been reeling in the aftermath of a Texas Racing Commission decision not to comply with the July 1 Horse Racing and Integrity Safety Act (HISA) rules activation.

That decision not to align with HISA put Texas out of compliance with new interstate simulcasting requirements that HISA is using as a cudgel of compliance. So the commission then had to order that the signal from the state's tracks could not be exported out of state and that advance deposit wagering companies could not take betting on Texas races.

Trainer Karl Broberg, a perennial leader at Lone Star and a resident of Texas, had 10 horses entered at Lone Star on the combined Thursday and Friday programs. None of them got to race because of the insurance uncertainty.

“This is a no-win situation for me,” Broberg told TDN. “I'm obviously disgusted that it came to this. My guess is that it probably could have been handled better by both sides. But in light of what Texas horsemen have already been dealing with, with regard to such an uncertain future with HISA and how they plan on dealing with it going forward, this is pretty painful.

“But by the same token, I do feel bad [about] the insurance and medical care that Montalvo received,” Broberg said. “It sure seems like there were some failures in getting him in at the right hospital, where if that had been handled correctly from the beginning, none of this probably transpires.”

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Last week, in the wake of a pair of jockey suspensions at Monmouth for use of the riding crop during two different races, Paulick Report publisher Ray Paulick stated in a tweet that the ruling against Carlos Montalvo suggests that there are no exceptions to the “safety only” crop rule. He went on to say that jockeys in the state may as well “leave their whips at home.” Though he is a longtime advocate for whip reform, I respectfully disagree with Paulick's assertion because it implies that the NJRC has no flexibility when it comes to interpreting their own rules. They do. This is, in the opinion of this turf writer, too critical. Here's why.

Almost immediately, most who have viewed Race 1 on July 11 sought to offer their own perspective concerning Montalvo's mount, M I Six. The story expanded quickly, as it was entered into the jockey's testimony in front of the NJRC board of stewards. According to eyewitnesses, the longshot gelding was “uncontrollable” and about “to bolt,” even on his way to the starting gate. The jockey can be seen whipping M I Six down the backstretch, in what he viewed as necessary to defusing danger. The stewards begged to differ, deciding that Montalvo had violated the whip rule. His fate was a five-day suspension that begins in late August, plus a $500 fine. His attorney said they are planning an appeal.

Whatever you think was proper and just about that decision or not, herein lies the issue when it comes to opinions like these: let's leave the adjudicating to the professionals. In this case, it's the NJRC, tasked by the attorney general's office. to oversee the sport, that made the progressive decision to institute the most radical and wide-spread change in American racing history. They didn't do it on a whim, and their outline for its implementation can be found clearly on its website (https://www.nj.gov/oag/racing/rulemaking/Riding_Crop%20Proposal.pdf). Executive director Nason is a seasoned veteran, and an attorney, who cut her teeth in the legal avenues of New Jersey politics. She is in charge of a monumental task that is at hand. Some latitude needs to be given.

Sure, more specifics would be beneficial, as no one would dare say, “No thank you” to that. But the business that stewards and rule-makers engage in implies a certain closed-door mentality. Despite the public office, this is especially true when you are hammering out a revolutionary set of policies that are quite possibly going to be wildly unpopular. In N.J.A.C. 13:70-11.12(a), the commission is clearly attempting to be thoughtful when it comes to changing the culture of riding crop use, stating that “jockeys and exercise riders will need to encourage horses by means that do not involve actual or perceived harm to the horse.” That word “perceived” is absolutely key. Use of the riding crop to encourage a horse to run faster, according to them, “is no longer in the best interests of the sport.” This isn't just about “safety only,” it's also about change. And change is hard.

Speaking of tough moments, Monmouth Park and the NJRC were given a true test of its rules on what is without question its greatest moment — Haskell Day. Everyone held their collective breath when Paco Lopez went down after his mount, Midnight Bourbon, stumbled badly after clipping heels with Hot Rod Charlie in mid-stretch. Conjecture, spun and spun, with many asking: Would the whip have helped?  We will never know because jockey Flavien Prat aboard Hot Rod Charlie did not choose to apply it, and to make some sort of judgment either way is pure speculation. It is in the hands of the NJRC, as they plan to hold a hearing, which is part of their process.

Again, let's allow that to play out, too. Though no jockey or horse was seriously hurt, praise be, it is just another example of how dangerous this sport truly can be. Whip or no whip, accidents happen on a racetrack. But there is much more to the story than just that. It is insanely more complex.

Recall, there is no precedent for this rollout: no guidebook, no primer. The NJRC, led by Nason, is attempting to do something important – bring Thoroughbred racing into a new era. That is no small task on a case-by-case basis, and the NJRC certainly has a network of interests to please. Don't forget that, either.

During the NJRC's July meeting last week, Dennis Drazin, the chairman and CEO of Darby Development, which operates Monmouth Park, asked Nason for clarification concerning what constituted a “dangerous situation.” That's not a poor ask, but this is a question of empowerment. The NJRC holds it, make no mistake, and letting the unfolding of explanations, appeals, and changes over time play out is a necessary part of this evolution.

This isn't a “safety only” crop rule; rather, it is meant to revolutionize a sport that, by the way, has an image problem when it comes to the public's imagination. As for Flavien Prat, his fate lies in the hands of the stewards, as it should. These are the trials that are necessary when we are talking about something that is overdue, like crop reform. Safety is not all that is at stake, as perception is also present. That is why the whips cannot be left at home, and the reason why all of us need to back NJRC. Give them some room, then we can be more critical.

J.N. Campbell is a turf writer with Gaming USA. His work can be found at www.horseracing.net/us.

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Help is on its way. Some day, the Horseracing Integrity and Safety Act (HISA) will be implemented and a central body led by the U.S. Anti-Doping Agency (USADA) will begin the process of herding the cats to replace the current system with one that actually works. In the meantime, Marcus Vitali, despite dozens upon dozens of violations, is free to compete at the most important, most high-profile meet in the sport. That's an embarrassment.

In a story last week in the TDN covering Vitali's appearance at Saratoga, T.D. Thornton put together what amounts to a rap sheet detailing all of Vitali's offenses. Where to start?

There are 84 docket entries under his name in The Jockey Club's online rulings database, many of them for medication violations. Between 2011 and the start of 2016, Vitali was hit with 23 medication violations in Florida alone.

Thornton writes that he was also investigated over a complaint of animal cruelty.

He voluntarily relinquished his Florida license, the strategy appearing to be that he could not be fined or suspended if he didn't have a license. He later negotiated a deal with Florida regulators in which he accepted a 120-day suspension.

That didn't mean that he stayed out of trouble. In 2016 and while under suspension, Vitali was banned at Gulfstream by The Stronach Group, which alleged that he was running horses under another trainer's name. There was another incident at Delaware Park in July of 2019, when, during an inspection of the dorm room of a Vitali employee, Vitali allegedly ran into the room, grabbed a package out of a refrigerator and ran off with it, the security guard giving chase. He was involved in another scandal last year when the Maryland Jockey Club alleged that he was again running horses under another trainer's name.

For some tracks and racing commissions, enough was finally enough. Vitali could not find a racing commission that would give him a license or a track to look the other way. He disappeared after running a horse on July 21, 2019 at Gulfstream. Had this feckless sport finally gotten rid of someone for good whose record of infractions should have been more than enough for lifetime banishment? Of course not.

One thing Vitali has always been good at is finding the weakest link in the system. There has always been a track willing to accept his entries and a racing commission either so clueless or so impotent that it will issue him a license. Late last year, he found just such a commission in Arizona, where he was granted a license. A dereliction of if its duties to protect the integrity of the sport, the Arizona commission pumped new life into Vitali's career.

Turf Paradise looked the other way and opened its doors to him. After 17 months away from the sport, he started a horse on Jan, 4, 2021 at Turf Paradise. Since, he has also raced in Pennsylvania at Presque Isle Downs and in Texas at Lone Star Park. With Vitali having been granted a license in Arizona, the options became limited when it comes to other racing commissions banning him. But there doesn't appear to be any reason why the privately-owned track could not have banned him on their own.

Running at Turf Paradise, Lone Star Park and Presque Isle Downs is one thing. Saratoga is another.

Vitali ran a horse named Red Venus (Candy Ride {Arg}), who finished a non-threatening seventh in an optional claimer last Thursday at Saratoga. Once the entry was made, the finger-pointing began, as many were outraged that Vitali was permitted to set foot on such hallowed ground. Who was at fault? That gets complicated.

Vitali had secured a valid license from the New York Gaming Commission, but that didn't mean that NYRA couldn't have refused to accept the entry. That's essentially the course NYRA took when, with the GI Belmont S. coming up, it suspended Bob Baffert after Medina Spirit (Protonico) tested positive for betamethasone after crossing the wire first in the GI Kentucky Derby. Think what you want of Baffert, but his history of violations is far less egregious than Vitali's. Why the double standard? When Thornton reached out to NYRA for an explanation as to why Baffert had been banned and Vitali was not, NYRA had little to say.

However, it's not hard to understand NYRA's logic. The racing organization was only a few days removed from losing a round in court when a federal judge ruled that it violated Baffert's due process rights when suspending him without a hearing. With that precedent having been set, it's clear to see why they were hesitant to ban Vitali.

That doesn't mean that NYRA should roll over and let Vitali race in New York whenever he wants. Follow the lead set by the judge in the Baffert matter, give Vitali a hearing, and then, if the evidence suggests it is not in NYRA's best interests to let him race, then ban him.

In the meantime, HISA is in a holding pattern. The act is supposed to go into effect and USADA is supposed to take over the role of drug tester and regulator in less than a year, on July 1, 2022. Unfortunately, that's unlikely to happen because of the lawsuits filed by the National HBPA and others contesting its constitutionality. So far as the bigger picture goes, those lawsuits figure to go nowhere but, at the same time, they will no doubt gum up the works and keep HISA from becoming a reality for some time to come, maybe even for years.

Were HISA here and had USADA already been put in charge, it's unimaginable that Vitali could have kept getting away with what he has been getting away with. But he had two in Monday at Presque Isle and will start another one there Tuesday and may, who knows, show up for an encore performance at Saratoga. It's come to the point where this is all a joke; a very sad joke.

Montalvo Did Not Deserve Days

When the Monmouth Park-based jockeys complained that a whip ban would put their safety in jeopardy, the counter-argument was that their complaints were unfounded because they could in fact use the whip on occasions when safety was a factor. It's time to rethink that.

Jockey Carlos Montalvo used his whip in a July 11 race aboard a horse named M I Six (Mission Impazible), who was clearly getting out on the turn. He obviously felt that he needed to use the whip to get his mount under control and in no way was he using it to encourage the horse to run faster. While it's debatable as to how much danger Montalvo was actually in, he deserved the benefit of the doubt. He felt he was in a precarious situation, one that could be corrected with help from the whip. He did not use the whip to try to win the race. If that's not a situation where use of the whip was justified because of safety concerns, what is? Nonetheless, the stewards suspended him for five days. He has appealed.

Why did the stewards suspend him? No one knows. The Kremlin-like New Jersey Racing Commission does not permit the stewards to speak to the media and New Jersey Racing Commission Executive Director Judith Nasson might as well be in the witness protection program. That's how inaccessible she is.

The bottom line is that how can jockeys, after the Montalvo decision, possibly expect that they will be permitted to use the whip in actual situations where they are concerned about their safety and not be suspended? They can't, and that's a problem.

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The two cases are as different as night and day.

Jockey Carlos Eduardo Lopez, who recently came to the United States from Uruguay, was sanctioned for his ride aboard Venezuelan Talent in the seventh race at Monmouth Park on July 11. Kevin Witte, agent for Lopez, said the rider admitted that he “got caught up in the moment” and used the crop to encourage his mount when he was fighting for the lead in the stretch. Venezuelan Affair was overtaken in deep stretch by Emirates Affair, finishing second by a length.

“He only speaks Spanish, but he was told before the race he could not use the whip but that he had the choice to take it with him for protection,” Witte said. “He apologized and will accept the suspension.”

Lopez will be suspended from July 24-July 28, inclusive.

Carlos Montalvo plans to appeal the suspension and fine he received for his ride aboard M I Six, winner of the first race at Monmouth Park on July 11. Montalvo claimed in a hearing with Monmouth Park stewards that he used the whip to prevent M I Six from bolting on the turn – something the gelding's exercise rider said happened during morning training. According to the Equibase chart, Montalvo struck M I Six three times with the crop as the gelding was drifting out on the turn.

The New Jersey Racing Commission prohibits its stewards from talking to the media, referring all inquiries to the office of the New Jersey attorney general, which oversees the commission. The commission has obfuscated when asked to explain what types of situations would warrant acceptable use of the riding crop for safety.

The sanctions against Montalvo suggest the stewards are saying either a horse drifting out and with a history of bolting does not merit use of the riding crop, or they believe Montalvo and those who testified on his behalf at the hearing – including the exercise rider – are being dishonest.

M I Six was entered in a race earlier this week at Parx but was listed as a vet scratch.

Attorney Drew Mollica, who represented Montalvo at the stewards' hearing, will handle his appeal. His suspension is scheduled to run from Aug. 24-Aug 28, inclusive.

Stewards have scheduled a hearing next week with Flavien Prat to consider sanctions for his ride aboard Hot Rod Charlie in the Grade 1 tvg.com Haskell Stakes on July 17. Hot Rod Charlie finished first but was disqualified and placed last after drifting in without clearance after passing Midnight Bourbon in mid-stretch. Midnight Bourbon clipped the heels of Hot Rod Charlie and stumbled badly, unseating Paco Lopez. Neither horse nor rider was seriously injured.

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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 New Jersey Racing Commission adopted strict rules that went into effect this year stating that the riding crop “shall only be used when necessary to control the horse to avoid injury to the horse or rider.” The crop is not allowed for encouragement.

Montalvo used the crop at least three times with his right hand on July 11, according to the Equibase chart footnotes, which read: “M I Six dueled two wide for the lead, drifted out entering the turn, had the rider go to a right-handed whip three times, then dueled with Military Drill in upper stretch, put a head in front and drew clear in the final sixteenth, ridden out.”

Montalvo told the Paulick Report he sensed M I Six was preparing to bolt to the outside fence, something he was told to expect by the gelding's exercise rider. Montalvo said he used the crop as a preventive device to protect himself, his fellow riders and the other horses in the race.

The jockey said he was called in to a July 16 hearing before having the benefit of a film review of the race with stewards. He was represented at the hearing by attorney Drew Mollica, who said Montalvo “should be congratulated for his actions, not sanctioned.” Montalvo faces a five-day suspension, $500 fine and M I Six could be disqualified from purse money.

This is the first known case in New Jersey where stewards have to determine whether the use of the riding crop was a legitimate safety issue.

Mollica said M I Six, a 4-year-old Mission Impazible gelding owned and trained by Riquelvis Grullon, was fractious throughout the saddling process and in the walking ring before the July 11 race. The aforementioned exercise rider testified at the hearing, Mollica added.

M I Six was subsequently entered in a July 21 race at Parx Racing in Pennsylvania but was a vet scratch.

The racing commission's presiding steward, Steven Pagano, declined to answer questions about the new regulation, referring all media inquiries to the office of the New Jersey attorney general. A spokesman from that office stated that “the new rule does not specify what kind of safety concerns would result in approved use of the riding crop by a jockey. The NJRC's presiding steward has been conducting meetings with the jockeys and exercise riders to explain the new riding crop rule and answer questions.”

Meanwhile, no hearing date has been set for Flavien Prat, the rider of Hot Rod Charlie, who was disqualified from a victory in the Grade 1, $1-million tvg.com Haskell Stakes on July 17. Hot Rod Charlie drifted in after moving to the lead in mid-stretch, causing Midnight Bourbon to clip heels and unseating jockey Paco Lopez. Mandaloun, beaten a nose by Hot Rod Charlie, was declared the winner.

Prat has been quoted as saying he felt as though he could have prevented Hot Rod Charlie from drifting in if he was permitted to use the riding crop.

The post Awaiting Monmouth Park Stewards’ Decision, Jockey Montalvo Claims Crop Use Was For Safety Purposes appeared first on Horse Racing News | Paulick Report.

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The stewards may also want to talk to jockey Carlos E. Lopez. Aboard Venezuelan Talent (Outwork), who resorted to whipping his horse in the stretch while battling Emirates Affair (Handsome Mike) in Sunday's seventh race. Venezuelan Talent finished second.

The two examples of jockeys using the whip on the same day came after six weeks of the meet has been concluded without incident. Anyone using the whip, which is no longer allowed to be used to encourage a horse in New Jersey, can be subject to a five-day suspension and a $500 fine for the first offense, but the stewards, entering Sunday, had had no reason to suspend or fine any jockeys.

Under the controversial new whipping rules in New Jersey, a rider can use the whip only if he or she feels it is necessary for safety reasons. M I Six was bearing out on the turn, and Hatten said Montalvo did in fact use the whip only because he thought the horse's antics had put him in a dangerous situation.

“The horse Sunday, the horse is a terribly mannered horse,” Hatten said. “They could barely get him into the paddock. The outrider had to bring him into the paddock. He cleared his way through the tunnel and was the first horse out on the track. He was throwing his head and throwing his body all over the place. Then we found out afterwards all the things this horse has done. He broke [jockey] Isaac Castillo's nose last year. He was sent to a trainer at Parx and was there less than a week. The trainer called them up and said you have to take this horse back to the farm because he was going to kill someone.

“The horse was getting out and Carlos said he felt that he needed to hit this horse. In a split second, he could have gone from the four or six-path to the outside fence. He felt this horse was dangerous and that his health was in jeopardy. I have no idea what the stewards will do. We will see on Friday.”

As for Lopez, who could not be reached for comment, he was riding in his first-ever race at Monmouth aboard Venezuelan Talent. That raises the possibility that he may not have known about the new whipping rules. Prior to his one ride at Monmouth, he had accepted six mounts at Pimlico.

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