View From The Eighth Pole: It’s Silly Season At The California Horse Racing Board

At Thursday's regularly scheduled telephonic meeting of the California Horse Racing Board – where things got a little chippy from time to time – commissioner Oscar Gonzales led a silly, counterproductive fight to delay approval of an agenda item that any right-thinking horse racing regulatory board would have rubber-stamped in a matter of minutes.

The item was simple enough, really nothing more than a housekeeping detail. The board was asked to consider whether to approve an amendment to the CHRB's drug classifications to update the “alphabetical substances list” to align with the Association of Racing Commissioners International Uniform Classification Guidelines for Foreign Substances. It's a necessary move when ARCI makes modifications to a list that virtually all racing states use. It's done upon the recommendation of the Racing Medication and Testing Consortium.

Gonzales, the board's vice chairman, meandered down a word salad path, saying California should not try to “ramrod” new rules through at a time when the state needs to “tread lightly” because the Horseracing Integrity and Safety Authority, the national regulatory oversight board created through recently passed federal legislation, is on the horizon.

In so doing, Gonzales went against the recommendation of Scott Chaney, the CHRB's executive director, equine medical director Dr. Rick Arthur, and the board's chairman, Dr. Gregory Ferraro, who voted against the delay.

Unfortunately, Gonzales enlisted enough support on what is increasingly becoming a splintered board to get his delay measure passed on a 4-3 vote.

After Gonzales responded to a request from Chaney for guidance on what additional information the board needs to approve the measure next month, Arthur could be heard on the call saying Gonzales' explanation was “crap.”

Gonzales apparently couldn't handle the truth.

“And there you go,” Gonzales said. “There was a profanity, and this is not the first time that Dr. Arthur has chosen very choice words and used vulgarities in a very professional setting. And Dr. Arthur I'd ask you to stand down and please never do that again. Whenever you've not gotten your way, you've attacked this board, you've questioned us, and in many cases you've undermined what we've tried to do on behalf of the horse racing industry. So please put your phone on mute and we'll never hear that from you again.”

Arthur then threw a zinger back at Gonzales.

“Well, my apologies,” he said. “I thought my phone was on mute. But it doesn't change my thoughts. This is silliness.”

The board then took a short break, apparently never having heard such profanity before. My goodness. Crap?

Incidentally, Gonzales is the same CHRB commissioner who led another silly fight last month to not approve a full year's license for the 2021 Los Alamitos Quarter Horse meeting, saying it would be better to only approve the first six months of the year because of concerns he has over safety issues. He won that vote in December but lost on Thursday when the board revisited the issue and approved a full year's license.

What made that exercise so foolish is the fact the CHRB has the authority to shut down any track in the state if they feel racing is unsafe.

Gonzales was appointed to the CHRB in September 2019 by Gov. Gavin Newsom, who is facing the very real threat of a recall election, something that happened in 2003 when a petition drive called for a special election in which incumbent Gov. Gray Davis was ousted in favor of Arnold Schwarzenegger.

I think it's crap that there's no way to recall a CHRB commissioner.

That's my view from the eighth pole.

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CHRB Extends Los Alamitos’ License To Full Year; Gonzalez Pledges Closer Scrutiny Of Horse Safety

Despite Wednesday's Los Angeles Times report on a pair of equine fatalities at Los Alamitos on Jan. 17, the California Horse Racing Board voted to restore the track's full-year license during its Thursday meeting.

Back in December, the CHRB had deadlocked 3-3 in a vote to grant Los Alamitos a full year license for Quarter Horse racing, primarily due to concerns about horse safety after 29 fatalities were reported at Los Al from Dec. 27, 2019 through the end of 2020. Vice Chair Oscar Gonzalez recommended granting the track a six-month license, and the measure was eventually approved 5-1.

Los Alamitos' owner Ed Allred responded to the license ruling by threatening to shut down the track completely, arguing that he couldn't operate with a six-month license because horsemen need to be able to plan for an entire year.

According to the Thoroughbred Daily News, the CHRB heard over three hours of testimony and public comment before voting on the license. Chairman Gregory Ferraro, the lone nay vote in December, argued during Thursday's meeting that granting a six-month license was unnecessary since the CHRB can suspend licenses over safety issues at any time, but the final tally was 4-3, restoring Los Alamitos' year-round license.

Commissioner Alex Solis, absent from December's meeting, voted for the year-round license, along with Gregory Ferraro, Dennis Alfieri and Damascus Castellanos. Voting against were Gonzalez, Wendy Mitchell, and Brenda Washington Davis.

“This phase of engaging with Los Alamitos is a new one,” Gonzalez told his fellow commissioners. “And I don't want anyone to think for a minute that the powers that have been vested by the state of California in the CHRB, that [horse safety standards] are going to be compromised in any way. In fact, [enhanced scrutiny] is just a start if we don't see immediate and quick improvements when it comes to horse safety and the welfare of workers at Los Alamitos.”

Read more at the Thoroughbred Daily News.

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Van Dyke, Rispoli Handed Days Over Repeated Whip Use Infractions

California riders Drayden Van Dyke and Umberto Rispoli will each be serving three-day suspensions for repeatedly violating new whip rules in the state. Both riders have been fined for previous whip rule violations, which now prohibit jockeys from hitting horses overhanded, hitting more than six times in a race, or hitting more than two times in succession.

Rispoli will serve his days Jan. 16, 17, and 18 for the latest offense in the fifth race at Santa Anita on Jan. 8. Van Dyke will serve his days Jan. 17, 18, and 22 after violating the rules in the third race the following day.

It is the fourth offense related to whip use in 60 days for both riders.

Jockeys at Santa Anita have spoken out against the rules, which were approved by the California Horse Racing Board in late 2020. Hall of Famer Mike Smith took up for his fellow riders, raising questions about the safety of under-handed whip use and also voicing concerns about the fairness of whip limitations to horseplayers.

Read Smith's open letter to the CHRB on the issue here.

Read more at The Blood-Horse

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The Good, Bad and Ugly of 2020 in California

Most, I’m sure, will have seen the television advertisement for an online dating site that’s as on-the-nose as a well-placed left hook.

In it, Satan falls in love with the year 2020, played by a hellraiser masquerading as the girl-next-door. As flaming asteroids pelt the earth, Satan and 2020 watch on while lamenting the imminent turn of the calendar. “I just don’t want this year to end,” says Satan, wistfully.

Wistful nostalgia is hardly something many will be feeling when they eventually look back over this annus horribilis–yet somehow, it hasn’t been all tears and recriminations. Here’s a year-end review of the good, bad and ugly of the last 12-months in the California horse racing industry, with a few pointed questions that will roll over into the New Year…

The Bad: Pandemic in numbers

While the old racing game has proven surprisingly resilient to the schedule–shredding machinations of a global pandemic–especially compared to other sports whose calendars were taken to with a chainsaw–the Golden State has hardly walked away unscathed.

Earlier in the year, live racing was suspended at Santa Anita Santa for nearly two months. Del Mar management had to nix a weekend of racing near the start of their summer meet after 15 jockeys tested positive.

Golden Gate Fields, with more than 300 positive cases, is currently sitting idle, handbrake on, while they await the greenlight from local authorities. And when will that be?

The news out of the track continues to be open-ended. Dave Duggan, the facility’s general manager, explained via text how they continue to work with the local health department. At the same time, he remained mum on things like a tentative opening date and the current situation regarding positive tests.

Both in the near and long term, however, a more consequential fallout is the economic impact on the industry’s daily operations from an unprecedented betting shift towards ADW platforms–a trend that may prove hard-baked into the bettor’s psyche, even when the pandemic lifts.

This should make for stark reading for anyone who makes their living from horseracing in the state. Why?

The way the industry operates in California, many vital programs receive a good bulk of their funding through bets made at brick and mortar facilities, and decimated revenues in this sphere are going to have a profound impact on the bottom line of these programs, some of which were anemic as it was.

In an October Q&A with the TDN, Thoroughbred Owners of California (TOC) CEO and president Greg Avioli dug down into the complicated financial weeds of this issue.

Just look at the state’s stabling and vanning fund. In that Q&A, Avioli explained how that program–primarily funded from wagering at the OTBs and satellites–is operating with a $3.7-million deficit this year. Other effects are less obvious but just as astringent.

Revenues, for example, from uncashed or unclaimed refunds, tickets and vouchers are used to fund such things as health and welfare benefits to jockeys and to programs benefitting the backstretch community. While those funds aren’t limited to bets made at brick and mortar venues, ADW wagers never go uncashed. And we’re talking hefty amounts lost as a result.

During the fiscal year 2018-2019, funds from unclaimed tickets used to benefit the backstretch community totalled $836,090, according to the California Horse Racing Board (CHRB).

Then comes the issue of purses–an imperative for trainers who don’t make a living from their day-rates.

As I reported a few months back, against a comparable eight-month period in 2018, the number of races this year had declined 30%, and while the overall handle fell only 18.8%, purses dropped more than 26%.

In other words, a boon for the ADW industry hasn’t necessarily translated into a windfall for the California horsemen. Which begs the question: How much of Santa Anita’s recent record opening day handle funneled back into purses?

The deadline for the latest round of ADW contract renegotiations is the end of the year, when the hub agreements expire.

I’ve asked the TOC for a primer when the details have been inked. The TOC has also promised a full annual breakdown of handle and purses–much like the organization did for the first eight months of 2020, but this time month-by-month–when the new year rolls around. Watch this space.

The Good: Equine safety

This is an easy equation: California’s improving equine safety record, with Del Mar once again heading the safest racetracks in the country. In their case, this marks four years of hard work and proven results–an achievement that can’t get noticed enough.

I’ve written about this topic pretty extensively, trying to parse the whys and wherefores–no easy task by virtue of the multifaceted nature of any equine injury. One common thread has been this, however: Catching brewing problems early enough.

In this regard, Santa Anita’s new diagnostic tools–the MRI and PET scan technologies–are a central piece of the puzzle. Since their inception at the track, researchers have unearthed a veritable treasure trove of new information to help explain the epidemiology of fetlock fractures.

But a broader panoramic view is of an evolving culture shift across California’s backstretches, with the “one-more-run” mentality being eschewed in favor of a more holistic “one-more-month-off” approach.

Many will say that this should always have been the norm–they’re right.

Nonetheless, California’s trainers, owners, veterinarians, grooms, hotwalkers, exercise riders and jockeys should be applauded for sticking with it and doing the grunt work of steering this unwieldy boat towards calmer waters–especially when the lure of bigger purses at more permissive states has made jumping ship an altogether tempting proposition.

The Ugly: Arbitrary decision making

At the latest monthly CHRB meeting, a point of contention proved to be the board’s decision to grant Los Alamitos a six-month license as opposed to the usual year.

As my colleague at the TDN, Bill Finley, subsequently put it, “The CHRB was being unreasonable when it voted to only give Los Alamitos a six-month license to run in 2021,” arguing that Los Alamitos “deserved better” than the way the matter was handled.

But what this speaks to is a much larger, more pressing and ongoing problem: When it comes to equine safety, by what specific set of standards and metrics are California’s license holders being held to so that decisions with professional implications are made with objective rigor rather than a subjective flavor or political bent?

As Mark Twain once said, “Facts are stubborn things, but statistics are pliable.”

On the surface, it looks like Los Alamitos has had a bad year–28 racing or training fatalities, the vast majority of which are Quarter Horses. This looks especially troubling when held up to the smaller fatality numbers at Del Mar and Santa Anita this year. But the devil, they say, is in the details.

For one, Los Alamitos is open to year-round training and racing. At Santa Anita, there have been 16 racing and training fatalities so far this year, but with training suspended during the summer months and a racing calendar in 2020 much smaller than Los Alamitos. How does the basis of comparison look when you factor in the number of horses at a facility, number of racing starts, number of workouts and the sort?

And then, did the board members also take into account how unlike Santa Anita, Golden Gate and Del Mar, Los Alamitos is only just instituting a fetlock arthrodesis program, which ensures that some horses who suffer severe fetlock injuries–those typically requiring euthanasia–undergo a complicated surgery to the ankle?

For context, eight reported Thoroughbreds have undergone fetlock arthrodesis surgery over the past year or so in California. If Los Alamitos had followed suit sooner, would that have skewed any of the numbers game in their favor?

I asked the CHRB for clarification on the basis by which the board made its decision. This is the response I received: “No statistical evaluation was performed.”

Let’s then step back and look at the ongoing legal battle between Jerry Hollendorfer and The Stronach Group (TSG), which revolves around TSG’s assertion the Hall of Fame trainer’s horses were disproportionately at risk during the track’s benighted winter-spring meet a couple years ago.

For their part, Hollendorfer’s legal team have released a number of counter-figures showing the trainer’s broad safety record as statistically normal. But let’s wear our analytical hats a moment longer.

One trainer has saddled three of the seven racing fatalities that have occurred at both Santa Anita and Del Mar this year, making this license holder responsible for nearly 43% of catastrophic racing breakdowns between Southern California’s two highest profile racing venues.

I’m not raising this statistic as a disciplinary call to arms–rather to bring attention to the necessity of context when looking at these multifaceted issues in isolation.

When digging down into this particular case, for example, all sorts of factors would have to be weighed for it to be analyzed fairly, including the number of starts over a lengthy period of time, number of horses in training, the trainer’s regulatory history. You’d also have to ask tough questions about the rigor of the regulatory scrutiny with which this trainer’s horses are given prior to running. Blame is nothing if not an egalitarian beast.

TSG’s actions against Hollendorfer, of course, took place prior to the adoption of a rule which requires the CHRB to conduct a thorough review of every fatality at a CHRB facility, including a review of the medication records.

But at the end of the day, if matters of professional import are being decided on some kind of proportionality, what exactly are the rules of the game?

Clearly, the state’s regulators and track officials need to do a much better job of explicating the lines in the sand, if indeed lines have been drawn. And if some of the newer horse racing board members aren’t savvy to the nuances underpinning the issues they’re required to vote on, they need to tip their hat to that publicly.

When livelihoods are on the lines–especially in the midst of a global pandemic, the harsh economic ramifications of which have yet to fully play out–it’s the least that can be asked.

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