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Connections Of Justify, Hoppertunity Seek To Prevent CHRB From Conducting Hearings Into 2018 Scopolamine Positives

The owners of Justify and Hoppertunity, along with trainer Bob Baffert and jockeys Mike Smith and Flavien Prat, have filed filed legal action in Los Angeles Superior Court to prevent the California Horse Racing Board from conducting Oct. 29 disqualification hearings into April 2018 victories by Justify in the Santa Anita Derby and Hoppertunity in the Tokyo City Cup.

The writ of mandate, filed on Oct. 13, claims Aug. 25, 2020, actions by the CHRB to reopen the cases are “void, arbitrary, capricious, unconstitutional, beyond the power of the CHRB, and a prejudicial abuse of discretion.” It alleges the CHRB has violated California Code of Regulations and Government Code as well as the due process rights of the petitioners under the U.S. Constitution.

Justify and Hoppertunity, along with five other unnamed horses, tested positive for scopolamine in 2018. According to the legal filing, the Justify and Hoppertunity cases were investigated by the CHRB's equine medical director, Dr. Rick Arthur, and then-CHRB executive director Rick Baedeker. Both determined the “cluster” of scopolamine positives at Santa Anita in 2018 resulted from hay contaminated with jimson weed, proof of which, the writ of mandate states, is that all horses also indicated the presence of atropine, which it states is a “definitive marker of environmental contamination.”

Arthur and Baedeker recommended to the CHRB members in closed-door executive session that all seven scopolamine cases be dismissed, and the board in place at the time unanimously voted to support that recommendation, according to the action filed Oct. 13. The CHRB has several new members who were not on the regulatory body in 2018.

It wasn't until a September 2019 report in the New York Times that the positive drug tests and decision not to conduct stewards hearings were revealed. Several months later, Mick Ruis, owner of Santa Anita Derby runner-up Bolt d'Oro, filed suit against the CHRB demanding the case against Justify be reopened. Ruis stood to gain $400,000 in purse money (the difference between $600,000 for first and $200,000 for second) and other possible gains if Bolt d'Oro were declared winner of the Grade 1 race.

The Santa Anita Derby win by Justify in his stakes debut earned the Scat Daddy colt 100 qualifying points for the Kentucky Derby. He went on to win the Kentucky Derby, Preakness and Belmont Stakes, then retired to stud undefeated in six starts after being sold to Coolmore Stud for a reported $60 million.

As part of a settlement agreement with Ruis, the CHRB said it would file a complaint against the owners of Justify and conduct a purse disqualification hearing. The CHRB also filed a complaint against the owners of Hoppertunity, though not against the other five unnamed horses testing positive for scopolamine.

The owners of Justify at the time were WinStar Farm LLC, China Horse Club, Head of Plains Partners LLC and Starlight Racing. The owners of Hoppertunity were Michael Pegram, Karl Watson and Paul Weitman.

Attorneys for he petitioners contend scopolamine was – at the time of the April 2018 victories by Justify and Hoppertunity – a Class 4 drug with a C penalty classification under Association of Racing Commissioner guidelines. As such, they contend, a positive test for scopolamine would not trigger a disqualification.

They also contend the CHRB did not act in a timely manner in reopening the cases.

The legal action accuses the CHRB of violating its own rules and engaging in “unfair, arbitrary and capricious conduct. Petitioners have been intentionally treated differently from others similarly situated and there is no rational basis for he difference in treatment.”

As a result of the CHRB's actions, the writ of mandate alleges, the connections of Justify and Hoppertunity “have suffered damages, including in the form of reputational harm.”

The petitioners are seeking a writ of mandate from the court ordering the CHRB to dismiss the complaints and cancel all hearings related to Justify and Hoppertunity's positive tests. They are also seeking unspecified damages, along with attorneys' fees and court costs.

The post Connections Of Justify, Hoppertunity Seek To Prevent CHRB From Conducting Hearings Into 2018 Scopolamine Positives appeared first on Horse Racing News | Paulick Report.

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Court Overturns CHRB Decision Awarding Rosario Double Jockey Fee In 2017 Breeders’ Cup Distaff

In a precedent-setting victory for horse owners' rights this Monday, the Court of Appeals overturned the California Horse Racing Board's 2017 decision to award $100,000 in double jockey fee to Joel Rosario.

The Court held that, under the conditions presented by this case, California statute prohibited the stewards from awarding a double jockey fee to Rosario, who was removed from the mount on owner/breeder Charles Fipke's mare, Forever Unbridled, prior to the draw of the 2017 Breeders' Cup Distaff.

The CHRB awarded a double jockey fee to Joel Rosario after owner Fipke decided to remove Rosario from the mount and replace him with jockey John Velazquez. Forever Unbridled subsequently won the 2017 race.

The appellate court ruled that Mr. Fipke engaged in conduct permitted by CHRB rules and that under the facts of this case, an award of a double jockey fee was precluded by California statute.

Fipke was represented by attorneys Darrell Vienna and Carlo Fisco.

“The law appeared to be clearly and straightforwardly in Mr. Fipke's favor.” said attorney Carlo Fisco. “Therefore Mr. Fipke must be
commended for staying the course in seeking a fair and just decision. Owners now have a level of protection going forward and the industry also stands to gain from the clarification supplied by the appellate court.”

Attorney Darrell Vienna added: “This decision which defines and clarifies the rights of horse owners has been a long time coming. Thanks to the patience and fortitude of Mr. Fipke in pursuing this matter, the rights of horse owners have been further defined and clarified.”

Fipke stated: “I pursued this case because I believe that horse owners have the right to make decisions regarding their horses and ensure that I and other horse owners are neither denied that right nor subjected to arbitrary and unfair sanctions for exercising that
right.”

The CHRB was also ordered to pay appellant's costs as a result of the decision.

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‘We Can’t Ride Them To Their Full Potential’: Santa Anita Jockeys Struggle With New Whip Rules

Following the first day under new whip rules at Santa Anita Park, several jockeys shared their continuing frustrations with the Daily Racing Form.

The California Horse Racing Board regulations include:

Riders cannot use the crop more than six times during a race, excluding showing or waiving the crop or tapping the horse on the shoulder.
Riders cannot use the crop more than two times in succession (within the six-time limit) without giving the horse a chance to respond before using the crop again.
The crop must be used in an underhanded position with the crop always at or below the shoulder level of the jockey.

“We can't ride them to their full potential, even if it's a light overhanded tap left-handed,” Drayden Van Dyke told drf.com. “People have to understand to get that whip over to your left hand, there are certain techniques you have to do. Underhanded bars you from being able to do it as quickly. This is a game when every millisecond matters. I think it's really discouraging.”

“In my professional opinion, it's not going to work,” Hall of Famer Mike Smith said. “If you're on a deep track and they're tiring, it doesn't work. It'll cost somebody second money, a win, or third money.”

New Equine, Jockey Welfare And Safety Legislation Signed Into Law In California

The following was provided by the California Horse Racing Board.

The California Horse Racing Board appreciates the passage and signing into law of SB 800 and AB 1974. Both bills strengthen the state of California's commitment to equine and jockey welfare and safety.

SB 800, by Senator Bill Dodd, provides greater access to veterinary records for racehorses, requires the reporting/publication of equine fatalities that occur at facilities regulated by the CHRB, and requires the publication of positive post-race test findings within five business days of their confirmation. In anticipation of this bill becoming law, the CHRB already is posting equine fatalities on its website: EQUINE FATALITIES

AB 1974, by Assembly Member Adam Gray, provides for a range of safety measures. The new law:

Gives regulatory veterinarians authority to order diagnostic tests on horses,
Extends the time for removing horses from the Veterinarian's List,
Creates more veterinary oversight for horses considered to be at risk,
Allows diagnostic imaging to be used for pre-race examinations,
Requires racing associations to provide areas for enhanced veterinary examinations,
Enhances a whistleblower program, and
Provides additional funding for safety.

Some of these statutory reforms codify existing regulations, while others create new statutory authority and requirements.

The CHRB thanks Governor Gavin Newsom and the state legislature, particularly Assembly member Gray and Senator Dodd, for their continued support for and commitment to equine and jockey welfare and safety.

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