CHRB Vice-Chair: 1/ST Racing ‘Doing Things That Are Detrimental to California Racing’

Although the recently reported purse cuts for the upcoming meets at Golden Gate Fields (25%) and Santa Anita Park (5%) were not on Thursday's official agenda for the monthly California Horse Racing Board (CHRB) meeting, the commission's vice-chairman, Oscar Gonzales, made it clear that the owner of both tracks, 1/ST Racing and Gaming, was going to face some tough questioning on the topic when the CHRB next convenes in January.

TDN's Dan Ross had reported Dec. 9 that Golden Gate is overpaid to the horsemen's account by some $3.1 million as the Northern California track is set to start what is expected to be the final race meet there (Dec. 26-June 9). 1/ST Racing disclosed back in July that it would be ceasing racing at the lone remaining non-fairs track in that region of the state.

In that same article last week, Bill Nader, the president and chief executive officer of Thoroughbred Owners of California (TOC), confirmed that Santa Anita's overnight purses are also scheduled to be lowered for the winter/spring meet that starts Dec. 26, with $2 million sliced from the track's stakes schedule.

Gonzales particularly took umbrage on Dec. 14 with the Golden Gate reduction, noting that he has received “a lot of phone calls” about “this drastic purse cut here in Northern California that I would describe as being very unexpected.”

“And that's really thrown a lot of the Northern California horsemen, [and] us commissioners, off guard,” Gonzales continued. “I had thought that there was a deal that [1/ST Racing had] put on the table, which was to extend racing [instead of closing at the end of 2023]. Then it appears as if this unexpected development, which is not a normal meet, but rather a [condition book that includes a] very drastic cut to the Northern California horsemen.”

Beyond the cuts themselves, Gonzales said he had issues with how horsemen found out about them.

“Process is everything,” Gonzales said. “And I just think that blatant disregard in terms of how it was communicated, if it wasn't for what appears to be a couple of news stories that were written, Northern California horsemen were just notified by the condition book. That's not how you do business. And I just feel that we have to remain vigilant when management comes before us, because I believe they are doing things that are detrimental to California racing.

“We have Arizona that's getting ready to reopen with higher purses,” Gonzales said, referring to Turf Paradise, which is slated to start racing Jan. 29 after a nine-month closure, and appears to be luring California stables out of state. “Meanwhile, we're cutting them. I just don't think that there's anybody paying very close attention about how we make sure we're retaining quality horses and quality horsemen.

“So I am concerned to say the least, and I cannot wait until we have representatives of that particular racetrack here before us, because I have a lot of questions for them,” Gonzales said.

Reached via phone after the CHRB meeting, Craig Fravel, the chief executive officer at 1/ST Racing, declined an opportunity to respond to Gonzales's comments.

But Fravel did want to make a statement about the Golden Gate purse cuts.

“I think it's just useful to point out that for the last year and a half, we have been in discussions with the TOC relating to reducing purses so that the actual purse liability is met from purses generated,” Fravel told TDN. “And they have been resistant to those purse cuts, so we have advanced sums well in advance of the actual purse liability to horsemen in Northern California. And I don't think it's unreasonable at all for us to try to recuperate them in accordance with what the actual statutory obligations are.”

At the CHRB meeting, when Gonzales asked the board's executive director, Scott Chaney, what power the board had to intervene, Chaney said the commission has few options beyond its obvious cudgel of compliance, which is control over the track's licensure.

“It's an interesting question. The purse structure is something that is decided on between the TOC owners' group [and] the particular racetrack,” Chaney said, explaining that purse agreements are basically predictions about handle revenue that can sometimes result in under- or over-payments.

When they occur, usually the tracks and horsemen agree to rectify the imbalance one way or another at the next scheduled race meet for that particular venue.

“So an overpayment or underpayment can be corrected over time,” Chaney said. But in this instance, because of the wrinkle with 1/ST Racing slated to shutter Golden Gate, “there's not another meet that Golden Gate's going to have to correct it. So I think in many ways this in uncharted territory,” he added.

“When Hollywood Park closed [10 years ago this month] it was a little bit different,” Chaney explained. Even though Hollywood was also shutting down after having overpaid the purse account, “Los Alamitos Race Course assumed a large part of that overpayment in exchange to take some of their racing dates. We don't have that same situation in Northern California. So needless to say, it's pretty difficult.”

Chaney added that “with respect to the CHRB's role, it's somewhat limited.”

Chaney pointed out that “TOC obviously has to develop their position. I think it's fair to say Northern California TOC members and Southern California TOC members probably view the purse cut differently. And so my understanding, at least, is that the TOC is not opposing the purse cut. So I think there's an internal dispute within the horsemen's group.

“The second piece is [that] part of the race meet agreement allows the tracks unilaterally to cut purses up to 25%. Beyond that, obviously there would have to be negotiation,” Chaney said.

“So I don't see a statutory, regulatory or legal role in settling this dispute,” Chaney said. “I would definitely say can use our 'influence' [with] both race-date allocation and licensure-granting. They are levers that the CHRB always has to kind of exact more fairness, if you will.”

During the meeting's public commentary section, the Pleasanton, California-based horse owner and breeder George Schmitt went into detail about the alleged dissension within TOC that Chaney had alluded to.

“The only group that are in the [TOC] bylaws that can negotiate for Northern California is [the TOC's] Northern California racing commission,” Schmitt said. “That committee voted unanimously not to accept the 25% reduction in purses. They were overruled by the management of the TOC.

“It is likely that there will be lawsuits filed unless they fix the problems that they have,” Schmitt continued. “A number of us in the north, at this point in time, believe that to take care of horse racing in the north, we need to establish a Northern California owners' organization [so as not to be] simply overridden by people in Southern California who could care less about what happens in the north.”

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Court Orders Disqualification of Justify’s Santa Anita Derby Win

A decision may have finally been reached in the long-standing legal skirmish over the results of the 2018 GI Santa Anita Derby, won by Justify (Scat Daddy), according to a release issued Friday afternoon by the connections of Ruis Racing, who campaigned runner-up Bolt d'Oro (Medaglia d'Oro). Ruis Racing has sought a disqualification of Justify by the California Horse Racing Board (CHRB), as the winner tested positive for scopolamine following the race.

After it was revealed in a report that Justify had tested positive for scopolamine, Ruis began that quest 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 acted on recommendations from then-executive director Rick Baedeker and equine medical director Dr. Rick Arthur. It was their call that Justify should not be disqualified because the positive test was the result of contamination linked to jimson weed.

The lack of disqualification at the time was especially significant as the qualifying 'Road to the Kentucky Derby' points Justify earned from his win in the Santa Anita Derby–his first career stakes start–made him eligible for the GI Kentucky Derby a month later. He not only won the Kentucky Derby, but went on to win the Triple Crown as well. Justify, a 'TDN Rising Star' conditioned by Hall of Famer Bob Baffert, was raced at that time for the partnership of China Horse Club, Head of Plains Partners LLC, Starlight Racing, and WinStar Farm, while Bolt d'Oro was trained for Ruis Racing LLC by Mick Ruis.

The statement, in its entirety, follows:

“Ruis Racing LLC announced today a significant legal victory against the California Horse Racing Board. Represented by attorneys Carlo Fisco and Darrell Vienna, Ruis Racing LLC obtained an order from Los Angeles County Superior Court Judge Mitchell L. Beckloff directing the California Horse Racing Board Stewards to set aside their December 9, 2020 decision and issue a new ruling disqualifying Justify from the 2018 Santa Anita Derby.

“The Steward had originally ruled that they lacked jurisdiction to conduct a Disqualification Hearing in this matter. The Court disagreed and stated in its decision that there is “no reason for remand” as there is “no doubt” the Stewards would have disqualified Justify if they understood that they had the authority to do so.

“Today's decision supports the longstanding California Horse Racing Board rule that any horse racing with a prohibited substance in its system must be disqualified and the purse redistributed.”

TDN was able to option a copy of the ruling, which appears here. The following is found in the ruling's conclusion:

“As the Stewards have already determined what the result would be if they could reach the issue of disqualification on the evidence before them, the court will issue a writ directing the Stewards to set aside their December 9, 2020 decision and Remand Decision and to make a new order disqualifying Justify. Based on the twice-stated clear position of the Stewards, the court finds there is “no reason for remand” of the matter as there is “no real doubt” the Stewards would have disqualified Justify if they understood that Respondent provided them with such authority when Respondent filed the complaint against the Justify Parties.”

According to CHRB spokesperson Mike Marten, the agency has not yet decided whether to appeal the ruling, and there was no further comment on a “pending legal matter.”

Attorney Darrell Vienna, representing Ruis, said that Justify's connections theoretically could also appeal the ruling, “even though this suit was simply between Mick Ruis, under Ruis Racing LLC, versus the California Horse Racing Board.”

Ruis also has a separate civil case pending against the CHRB seeking monetary damages. That case is also filed in the Los Angeles County Superior Court.

“They don't run in parallel. I think if we had lost this case it would have been very problematic for the civil case,” said Vienna.

“We don't have a direct claim against Justify's people,” added Vienna. “The awards and what we want has to come from the CHRB. If they want to chase down Justify's owners for the funds, they can do that. We're not going to do that.”

A footnote in the judge's ruling criticizes the CHRB for entering into a settlement agreement with Ruis, for a stewards purse DQ hearing on the Santa Anita Derby. The stewards subsequently claimed they had no jurisdiction on the matter as it had already been decided–a decision the board then concurred with.

“It strains credulity that a state agency would enter into a settlement agreement providing the other party with illusory relief. That is, why would Respondent settle litigation with Petitioner knowing its complaint could not (as a legal matter) be adjudicated. To the extent the agency did mislead Petitioner, equitable estoppel would likely preclude the agency from depriving the other party with the benefit of its bargain,” the ruling states.

According to Vienna, “we were enticed to enter into an agreement that was not going to be honored.”

Because of the qualifying points system in place for the Kentucky Derby, Justify's berth in that year's contest was incumbent upon his running first or second in the Santa Anita Derby.

When asked if the ruling puts into question Justify's Kentucky Derby win, therefore, Vienna pointed to a similar case he had previously litigated “in which a horse's eligibility was valid until it was disproven.”

“At the time of the running of the Derby, Justify was eligible based on the then-pending decision,” said Vienna. “Subsequently today, that decision was overturned. But at the time he participated in the Derby he had, for all intents and purposes, achieved the right to run in the Derby.”

Vienna added, “if the board had done what they should have done in the first place, he would have been disqualified, and that issue of whether he had enough points for the Derby would have been decided back then.”

Said Vienna, “There's no question that Justify's a very good horse and a great sire, and that Bolt d'Oro's a good horse and a great sire.”

He added, “I'd like to see everybody get back to racing and not fighting.”

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CHRB Teams Up with The Jockey Club’s InCompass Solutions to Solve California Workout Issue

The California Horse Racing Board is working with The Jockey Club's InCompass Solutions to create an automated system that will correlate official workouts at California racetracks and training facilities with confidential veterinary submissions for the purpose of verifying compliance with CHRB Rule 1878.

Rule 1878 states in part that “a horse shall not be permitted to workout (unless) the horse has been examined by the trainer's attending veterinarian during the 72 hours immediately preceding the workout for the express purpose of evaluating the horse's fitness to work out.” Furthermore, “The evaluation shall be recorded in the Veterinarian Report in accordance with section 1842.”

Daily workout reports and veterinary confidentials are located in two separate databases. Currently, CHRB personnel must go through those databases manually to determine whether a horse had been examined prior to exercising. An integrated system via InCompass will streamline that process and ensure greater compliance with Rule 1878.

“The CHRB is fully committed to constantly improving animal welfare, which is the point of Rule 1878,” said CHRB Executive Director Scott Chaney. “Like many of our regulations, this particular one is trailblazing. As we endeavor to perfect the process, we encourage other regulatory bodies to consider adopting similar protections.”

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Blacker Issues Statement, Accepts Responsibility For Not Following Rules Regarding Pre-Workout Exams

Trainer Dan Blacker, who has been charged by the California Horse Racing Board with failing to comply with regulations that require that a horse undergoes a veterinary exam within 72 hours of a workout and that the work is entered into a CHRB database, has issued a statement in which he said he takes “full responsibility” for not following the rules.

The issue came to light when an unraced Blacker-trainee named Animae (Speightstown) suffered a fatal injury after a July 1 workout at Santa Anita. The CHRB investigated and found that no pre-workout report on Animae had been filed within three days of the work and that veterinary reports were also not filed for two of three workouts by the filly prior to the July 1 work. The 2-year-old suffered a fatal musculoskeletal injury to her pelvis and vertebrae.

“During a horse-fatality investigation for the horse Animae,” the CHRB complaint read, “it was found the horse did not have an examination by his attending veterinarian entered into EquiTAPS database during the 72 hours immediately preceding an official workout. Three out of the four official workouts listed for Animae did not have a veterinarian exam listed, including the official workout when the horse suffered the fatality.”

Blacker wrote that Animae is the only horse under his care to suffer a fatal injury. He has been training since 2011.

After a  further investigation, the CHRB discovered that from Jan. 1, 2002, when the rule requiring horses to undergo a vet's inspection prior to a workout went into effect, to July 1, 2023, Blacker-trained horses worked 789 times but veterinary reports were not filed for 527 of those workouts.

On Saturday, Blacker posted a statement to his X account, writing that he had always been careful to make sure his horses were properly examined before working out.

“I want to make it clear that I am in contact with my veterinary team daily,” he wrote. “We jog up every horse, every day before they go to the track. The horses in training are thoroughly evaluated by myself, my team and my veterinarian on a daily basis.”

He wrote that after Animae broke down, he learned that his pre-work procedures did not comply with CHRB rules.

“Subsequently, I learned that our long-established procedures, while complying with Santa Anita workout rules were not always in line with the California Horse Racing Board rule regarding pre-workout inspection and reporting,” he wrote. “As soon as I was made aware, we immediately began to operate in compliance with the rule.”

Despite implying that he thought he was doing everything by the book, Blacker admitted that he now understands that he may have been in violation of CHRB rules.

“I take full responsibility for this matter and the consequences it will bring forth,” he said in the statement. “I stand firm in saying that all the horses in my program have always received the highest level of care.”

CHRB spokesman Mike Marten told the Paulick Report that the regulators have filed 18 complaints regarding workout and pre-race veterinary checks since the rule went into effect. According to Paulick, stewards have primarily opted to fine violators of the rule, with amounts ranging from $100 up to $1,000 for multiple violations.

Blacker, 41, has 120 career wins from 840 starters. His biggest win came in the 2021 GI Kilroe Mile S. with Hit The Road (More Than Ready).

According to the Daily Racing Form, a hearing into the Blacker matter was originally scheduled for Oct. 13 but has been postponed.

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