CHRB Denies Stay of Justify Decision, Will Entertain Appeal

In the latest detour in the exhaustive legal saga stemming from Justify's 2018 GI Santa Anita Derby win, the connections of the horse during his racing career filed a notice last week with the California Horse Racing Board (CHRB) requesting that the agency entertain an appeal of a recent board of stewards decision disqualifying the horse from the race and to stay the purse distribution.

In response, the CHRB have denied a stay of the stewards' decision but stated that it will “assign a Hearing Officer in this matter where the issue of timeliness of the appeal and appeal itself will be heard and a proposed decision submitted to the Board for consideration,” according to an order issued by the CHRB Tuesday.

The plaintiffs in the appeal are owners China Horse Club International Limited, Head of Plains Partners, Starlight Racing, WinStar Farm, jockey Mike Smith and trainer Bob Baffert.

After the New York Times first reported that Justify had tested positive post-race for scopolamine, Mick Ruis, owner-trainer of the runner-up that day, Bolt d'Oro, sought to have the result of the race overturned with Bolt d'Oro declared the winner.

Ruis alleged that the CHRB failed to follow its own rules when it decided not to pursue penalties after Justify's positive test. The CHRB argued that Justify should not be disqualified because the positive test was the result of contamination linked to jimson weed.

At the end of last year, a Los Angeles County Superior Court judge ordered the CHRB to set aside the stewards' 2020 decision and issue a new ruling disqualifying winner Justify from the Santa Anita Derby.

Early in March, the CHRB reached a separate settlement that called for the agency to pay Ruis $300,000, and to order a redistribution of the $1-million purse.

In last week's notice, Amanda Groves, who represents Justify's connections, argued that grounds for an appeal included how the plaintiffs were not a party to the lawsuit between Ruis and the CHRB, leading to “Procedural irregularities and denial of due process and/or a fair and impartial hearing.”

Groves also reiterated the CHRB's original claim, writing that “it is undisputed that the positive scopolamine test was a result of environmental contamination due to inadvertent exposure to jimsonweed in hay/straw.”

BloodHorse reported that Ruis's attorneys had filed a response arguing that none of the grounds raised in the appeal are relevant.

When asked about the contents of the letter, Darrell Vienna, who represents Ruis, told the TDN that the CHRB issued the disqualification order “because they were ordered to do so by the court.”

The court did not demand that the CHRB hold another hearing on the matter, Vienna added. “It just issued an order to disqualify the horse, Justify, and to redistribute the purse,” he said.

“If the Justify parties have issue with that, that issue should be addressed at the Superior Court, in my opinion,” said Vienna. “If the court orders a subordinate agency to do something, they must do it.”

According to last week's notice of appeal, Justify's first-place finish in the Santa Anita Derby accrued the owners a combined $585,000, while Smith and Baffert each received $58,450.

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Justify’s 2018 Santa Anita Purse Money to be Redistributed, Record to be Adjusted

The long-standing saga of the 2018 GI Santa Anita Derby may finally be at a close, as the $1-million purse was formally redistributed Saturday, according to a report in Daily Racing Form. Undefeated Triple Crown winner Justify (Scat Daddy) won the 2018 Santa Anita Derby, but later tested positive for scopolamine and Mick Ruis, owner of the second-place finisher Bolt d'Oro (Medaglia d'Oro), persevered with his attempts to have the results overturned. More on the background of his efforts can be found here.

This past December, Ruis released a statement claiming legal victory in the matter and, earlier this month, a Los Angeles County Superior Court judge ordered the California Horse Racing Board (CHRB) to disqualify Justify and pay $300,000 to Ruis while also redistributing the purse. During his racing career, Justify was campaigned by a partnership consisting China Horse Club International Ltd., Head of Plains Partners, Starlight Racing, and Winstar Farm.

According to DRF, a board of California stewards issued a ruling Saturday ordering Justify's ownership to relinquish the $585,000 in first-place prize money. Trainer Bob Baffert and jockey Mike Smith must also return their portion of the purse, which is typically 10% of the winnings. The money must be forfeited by Apr. 29, with all trophies also returned.

Justify, who is now a successful sire standing at Coolmore America, will also see his race record adjusted from six-for-six to five-for-six. California stewards Ron Church, John Herbuveaux, and Kim Sawyer signed Saturday's order.

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Letter to the Editor: Alan French

First, the CHRB was put in a no-win situation. To paraphrase Board Chairman Dr. Gregory Ferraro, half of the state was going to be mad at the CHRB regardless of how they voted. And frankly, it is very sad that it even came to that, as I will explain in more detail momentarily.

While it is clear that the recent letter sent by Craig Fravel did not sit well with them, it seems that the Board understood the ramifications of not having racing in the North. Meaning that it would halt the California breeding program along with completely altering the lives of those who work up there.

Second, it is clear that the North and the South need each other. The North is the major center for California breeding, while the South will have the major racetracks. To lose racing in the North, as California Thoroughbred Trainers spokesman Alan Balch discussed at the meeting, will mean the loss of incentive for breeding to continue in California. And the breeding program is needed.

Third, California racing must have unity. As Dr. Ferraro stated during the meeting, the North and the South need to work together. That is why this is sad that last week's meeting featured a no-win situation for the CHRB. Unity was needed years ago. It is long overdue.

Unity is essential for California racing to survive. The Golden State is filled with intelligent people who love the sport of Thoroughbred racing. Surely we can come up with solutions to make it thrive. As we all know, racing has been handed down from generation to generation, as evidenced by the families who have been involved in riding, training and breeding. And it is especially true as many of us learned of the sport through family members, especially parents. We do not want to be the last generation of California racing.

The sport has a rich history out here, going back to the days of Emperor of Norfolk and Lucky Baldwin. It has to continue as we move through the 21st century.

We must be innovative. We must find ways to reach a younger audience. We must promote this sport. We must work together. We can also work together to generate a stronger campaign for legislation relating to sports betting in California. That is definitely worth revisiting.

There is nothing like going to the racetrack to see live racing, or just being at a racetrack early in the morning. In both scenarios, there is a magic that exists nowhere else. And so many more should experience that brilliant magic.

And we also need to think of the backstretch workers, those unsung heroes of the racetrack, and their families. The tracks are literally their home. What happens to them if California racing goes the way of history? Where do they go? What will they do? This sport is their life. We need to remember them, the track employees, and of course, the horses. What will happen to the horses? We must certainly not forget them.

As someone whose life changed for the better after first attending the races in 2007, I can say the current state of California racing is very distressing. I do not wish for it to go away, so I am calling on all groups involved with California racing to work together and find solutions. It can be done. It must be done. Otherwise, we face an unspeakable alternative.

Let's work together.

 

Alan French

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CHRB Unanimously Approves Plan to Make Pleasanton New Center of NorCal Circuit

The California Horse Racing Board (CHRB) voted 6-0 on Thursday to approve a dates package for the back half of 2024 that will establish the current fairs-meet-only track at Pleasanton as the new crux of a Northern California circuit.

The entire state has been trying to come to grips with the looming June 9 closure of Golden Gate Fields, the lone commercial track in the region, and the Mar. 21 vote by the CHRB was viewed as a NorCal racing lifeline by the estimated 250 supporters in attendance.

Those very vocal and at times emotional NorCal racing advocates greatly outnumbered proponents of a plan that would have instead consolidated all commercial-track racing in the state in Southern California.

The NorCal supporters consisted of horsemen who have called the circuit home for decades, plus a contingent of statewide breeding interests.

Those individuals had the group backing of the California Authority of Racing Fairs (CARF), which will operate the expanded Oct. 16-Dec. 25 Pleasanton meet under the auspices of a new management entity called Golden State Racing.

The California Thoroughbred Trainers (CTT), whose board of directors had unanimously voted to back the initiative that also calls for three other fairs venues to pick up other dates that will be abandoned by Golden Gate's closure, was also behind the Pleasanton idea.

1/ST Racing and Gaming–which owns both the closing Golden Gate and the financially struggling Santa Anita Park–had teamed with Del Mar Thoroughbred Club and the Thoroughbred Owners of California (TOC) to try an convince the CHRB that its alternate plan would be in the best long-term interests of the state as a whole.

That SoCal concept instead focused on redirecting simulcast revenue from the northern circuit to the southern tracks. It was further based on a premise that would have attempted to accommodate displaced Golden Gate outfits by creating more opportunities for lower-level horses to race at Los Alamitos Race Course, dropping the “claiming floors” at both Santa Anita and Del Mar, and establishing “relocation allowances” for stables that had to pack up and move while only short summer fairs meets were conducted in NorCal.

In the middle were the CHRB commissioners, who repeatedly expressed frustrations during the Mar. 21 meeting that because the NorCal and SoCal factions couldn't cooperate to come up with a joint plan, they had been placed in the unenviable position of having to choose one option over the other while knowing that they'd be making some constituents unhappy no matter how they voted on the measure.

Yet while the CHRB did ask pointed questions about CARF's plans for Pleasanton and how the new operation would be funded, commissioners saved their most barbed criticisms for 1/ST Racing's executive vice-chairman Craig Fravel, who only 48 hours before the meeting had penned an open letter that warned of potential consequences that might occur if the CHRB voted against the SoCal plan.

In his Mar. 19 letter–which backers of the Pleasanton plan clearly took as an ultimatum–Fravel had written that “should the Board allocate dates in the north per the CARF proposal Santa Anita will immediately meet with the TOC to implement purse cuts for the balance of 2024.”

Fravel also wrote that “Further planned investments in capital projects at Santa Anita will be reevaluated [and] further operation of Santa Anita and San Luis Rey [Downs] as training and stabling facilities may be in jeopardy.”

In response, CHRB commissioner Damascus Castellanos openly called out 1/ST Racing during Thursday's meeting for being too coercively demanding and for making an already complicated situation more difficult. Castellanos said over the past two days since Fravel's letter was made public, the CHRB has been inundated with calls from concerned constituents.

“I'm not upset because of the calls,” Castellanos told Fravel. “I'm upset because I don't do well with bullies. That's the problem. I'm upset that you [put this burden on] the CHRB. And that's not right. But, if that's the way you felt [you needed to] play the game, then that's what you're going to do…. You want to be the bully? You want to take your ball and run? Then that's up to you. I'm not advocating that. But what I'm saying is don't put that burden on us…. Everybody in this room has a responsibility to take care of themselves and each other. And I believe that that hasn't been done.”

CHRB commissioner Wendy Mitchell told Fravel that she was bothered by 1/ST Racing announcing Golden Gate's closure, not working constructively with NorCal interests to present a workable alternative, then responding with threats of closure when 1/ST Racing didn't like the concept that CARF came up with.

“That's not fair and that's not right,” Mitchell said. “And that's not a good business strategy…. You can't just throw out all these threats to us and say the industry is going to collapse in California [if you don't get your way].”

Mitchell continued: “We're expected, as regulators, to pick sides. To pick north against south. To pick fairs, versus, you know, the Southern California tracks. I don't like the way this was handled. I don't appreciate it. I think we need to have a different attitude and strategy for how to save horse racing in the state of California versus what we have seen so far.”

Fravel then attempted to explain what he meant in the letter using a more moderate tone while underscoring that 1/ST Racing's chairwoman and chief executive officer, Belinda Stronach, remains fully committed to making sure Santa Anita doesn't suffer the same going-out-of-business fate as Golden Gate.

Racing at Santa Anita | Benoit

“The letter didn't say we're shutting down,” Fravel said. “The letter said we have to sit down and figure out what we're going to be able to invest with the prospect of continuing to lose money. I can say one thing: I was on the phone with Belinda yesterday. She does not want to close Santa Anita. We've had offers over and over again from people wanting to [buy it], but [upper management's response has consistently been] 'not for sale.' So the commitment is to continue racing. To make racing thrive at Santa Anita, and to try and reinvest our efforts in this product.”

According to plans for the Pleasanton proposal submitted by CARF that were included in the CHRB meeting packet, “In order to provide for the additional horses expected to run at this meet, more than 300 portable stalls will be moved to [Pleasanton's] Alameda County Fairgrounds. No other improvements to the facilities are needed at this time. However, future investments could include additional permanent stalls, improvements to the grandstand and the installation of a turf course.”

Larry Swartzlander, the executive director for CARF, later put an approximate $7-million projected price tag on the turf course, noting that it wouldn't be undertaken until at least year two of the Pleasanton phase-in.

CARF's plan further called for other dates formerly run at Golden Gate to be reallocated this year between Sonoma County Fair (July 31-Aug. 20), Humboldt County Fair (Aug. 21-Sept. 17) and the Big Fresno Fair (Sept. 18-Oct. 15).

CARF and Alameda County Fair have drafted a licensing agreement that will cover five years, the written materials stated.

Back in January, the TOC had previously articulated in front of the CHRB that even though it was in support of any “feasible and viable” plan to keep year-round racing afloat in NorCal, a danger existed in the form of that move increasing economic pressures in the south that the TOC believes would erode the overall California product.

On Thursday, Bill Nader, the TOC's president and chief executive officer, said that while agreement among its board members wasn't unanimous about not backing the Pleasanton plan, “in terms viability, there just wasn't enough assurance that this was a viable plan.”

Nader said the TOC had difficulty with the extended Pleasanton meet using the higher California takeout structure that applies to fairs (instead of the lower commercial takeout scheme that Golden Gate would have been required to use), because, he explained, that form of bet pricing would be burdensome to horseplayers.

Nader also said that he wasn't sure CARF's proposed daily purses (which are still a work in progress) reflected an accurate projection, because Pleasanton would basically have to match what the better-established, lower-takeout Golden Gate meet generated in betting handle to achieve it. The TOC, he said, has come up with slightly different and lower figures.

Nader made it clear that he wasn't arguing which projection was right and which was wrong. But he did state concerns that within a few months, the CHRB will have to make decisions on 2025 dates allocations, and that even then, the Pleasanton meet won't yet be completed, so no one will have “the real truth” on whether the numbers make sense or not.

“The TOC does represent the north. It does represent the south,” Nader said, which elicited catcalls and boos from many in attendance who have accused the TOC of not being representative of the NorCal interests. “What we want is just reliable, accurate information to understand what puts California in the best position going forward.”

Nader continued: “No matter what we do, no matter what decisions are made, there's going to be some pain, and there's going to be some who are going to walk away disappointed. And unfortunately, that's inevitable. I don't care what decision is made–no matter what we do, it's going to have impact to the detriment of some. Frankly, I just think it's unavoidable.”

Alan Balch, the executive director of the CTT, explained prior to the CHRB's vote why his organization backed the NorCal plan.

“Our board, nine people south and north, are unanimous in supporting the effort to keep Northern California racing going,” Balch said. “We believe that racing is California is not going to survive in any meaningful, important way without California breeding, [and] we just need to have a chance to keep breeders interested and motivated to breed, and to provide hope for the future.

“We can all disagree about the viability of any particular northern plan,” Balch said. “But with no plan and no racing in the north, there is very little incentive for California breeders to continue.”

Balch said that his constituents have heard too much rhetoric from the TOC and 1/ST Racing along the lines of, “If this northern money doesn't come to the south, we'll have to cut purses in the south.”

But, Balch postulated, “Do these people realize that if there is no Northern California racing, the Northern California purses will be cut to zero? Does that make sense? Not if we're all in the same state. We have to work together.”

Prior to the CHRB's unanimous vote in favor of the NorCal plan, CHRB chairman Gregory Ferraro, DVM, pointed out that, “This is a serious fiduciary responsibility that the board is taking on here, [and] it's increasingly clear to me that if racing is going to survive in California at all, we can't make two circuits. We have to make one circuit [in which tracks] are not conflicting with each other, where you're benefitting each other.”

CHRB vice-chair Oscar Gonzales added that even if the NorCal interests get what they want out of the vote, they, too, must realize that SoCal does need some form of cooperation and financial help.

“I believe that this [vote] should be an opportunity to reset, [and] the start of mending fences,” Gonzales said. “And [then] let's get on with making California racing the best in the nation.”

Castellanos concurred.

“We need to work together. We need to figure out how to keep racing in California. Not just northern, not just southern–in California. Because if we keep on going at this rate, we're going to implode. There's no reason for us to cannibalize each other,” Castellanos said.

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