Del Mar To Increase Attendance Limits To Four Owners Per Horse

The Thoroughbred Owners of California received significant positive feedback from the owners who attended the races at Del Mar last weekend, and space has been increased to four licensed owners per horse for the upcoming race dates.

Unfortunately, non-licensed guests are still not permitted. If a horse has more than four owners wishing to attend the races, TOC will do its best to accommodate if space is available. Owners wishing to attend should email Mary Forney, Executive Director of TOC (mforney@toconline.com) to secure access, and reservations can be made up until 24 hours before race day.

On race day, owners must show their license when entering the Del Mar Race Track and park in the designated area just outside the clubhouse. Owners will enter through the gate on the east side of the track across from the receiving barn. Owners will be required to be on the owner reservation list, provide their CHRB owners license, and undergo a full Covid-19 health screening including a temperature check. Masks will be required to be worn at all times, and owners must respect social distancing guidelines.

The first come, first served seating is located in the spacious clubhouse box seat area. At this time, owners must remain in the clubhouse seating area and may not enter the paddock or the winners circle. Owners are still not permitted to access the backstretch. Any violation of this strict policy will result in a forfeiture of racetrack privileges.

If you have any questions, feel free to contact TOC Executive Director Mary Forney at (626) 826-3782.

The post Del Mar To Increase Attendance Limits To Four Owners Per Horse appeared first on Horse Racing News | Paulick Report.

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CHRB Votes to Settle Justify Santa Anita Derby Case

Mick Ruis has announced that he has reached an agreement in principle with the California Horse Racing Board regarding a settlement of pending litigation in Los Angeles County Superior Court.

The preliminary agreement is intended to resolve claims against the CHRB for failure to hold a purse disqualification hearing related to the 2018 GI Santa Anita Derby, in which the first-place finisher and subsequent Triple Crown winner, Justify, tested positive for the prohibited substance scopolamine. Bolt d’Oro, owned and trained by Ruis, finished second.

Members of the CHRB, the state agency charged with regulation of California horse racing, voted in favor of settlement at a recent closed session. Attorneys for the respective parties are finalizing the exact terms of the agreement and expect it to be completed in the coming days, according to a press release from Ruis’s attorney, Darrell Vienna.

The agreement would include a provision that the CHRB will file a complaint against the owners of Justify and conduct a purse disqualification hearing.

CHRB spokesperson Mike Marten said, “Mick Ruis’ lawsuit against the California Horse Racing Board (CHRB) is still active, ongoing litigation. At this point, no settlement has been signed, and because it is ongoing litigation, the CHRB has no further comment.”

The detection of the prohibited substance scopolamine in the official test collected from Justify following the running of the 2018 Santa Anita Derby was confirmed by a split sample test requested by Justify’s connections.
CHRB rule 1859.5 requires forfeiture of purse and disqualification of a horse that tests positive for a class 1-3 prohibited substance regardless of the trainer’s responsibility.

“I am pleased that the leadership of this newly constituted CHRB appointed by Governor Newsom has taken seriously the Governor’s intention to ‘hold the group accountable on matters of drugs, safety, and integrity.’ It is only fair that the current CHRB voted to finally have a hearing related to the Justify matter. This settlement would be a major step toward restoring public confidence in the CHRB,” Ruis said.

Ruis continued, “This legal action was never just about the purse money, I wanted to stand up for what’s right and to make sure that every horseman, from the little guy to Bob Baffert, is treated fairly and equally. I commend the current CHRB for reviewing this matter and look forward concluding negotiations regarding a public hearing.”

“It has been a pleasure to work with Mr. Ruis,” Vienna said. “He is an individual who truly believes and has proven
that one man can make a difference. We look forward to presenting the agreement with the CHRB to the court so we can resolve the litigation.”

Vienna told TDN that the agreement would be “in exchange for the dismissal of the entire litigation,” including any possible damages.

Vienna added that a separate hearing under the trainer “insurer rule” would provide Baffert “an opportunity to clearly prove whether or not this was environmental contamination.”

The post CHRB Votes to Settle Justify Santa Anita Derby Case appeared first on TDN | Thoroughbred Daily News | Horse Racing News, Results and Video | Thoroughbred Breeding and Auctions.

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CHRB To Hold Hearing On 2018 Justify Scopolamine Positive As Part Of Settlement With Bolt d’Oro Owner

The following press release was distributed to media Friday by Darrel Vienna, counsel for owner Mick Ruis:

Mick Ruis announced today that he has reached an agreement in principle with the California Horse Racing Board (CHRB) regarding a settlement of pending litigation in Los Angeles County Superior Court. The preliminary agreement is intended to resolve claims against the CHRB for failure to hold a purse disqualification hearing related to the 2018 Santa Anita Derby in which the first place finisher, Justify, tested positive for the prohibited substance scopolamine. Members of the CHRB, the state agency charged with regulation of California horse racing, voted in favor of settlement at a recent closed session. Attorneys for the respective parties are finalizing the exact terms of the agreement and expect it to be completed in the coming days.

The agreement would include a provision that the CHRB will file a complaint against the owners of Justify and conduct a purse disqualification hearing. The detection of the prohibited substance scopolamine in the official test collected from Justify following the running of the 2018 Santa Anita Derby was confirmed by a split sample test requested by Justify's connections. CHRB rule 1859.5 requires forfeiture of purse and disqualification of a horse that tests positive for a Class 1 – 3 prohibited substance regardless of the trainer's responsibility.

“I am pleased that the leadership of this newly constituted CHRB appointed by Governor Newsom has taken seriously the Governor's intention to 'hold the group accountable on matters of drugs, safety, and integrity.' It is only fair that the current CHRB voted to finally have a hearing related to the Justify matter. This settlement would be a major step toward restoring public confidence in the CHRB,” said Mick Ruis, the owner of Bolt d'Oro, who finished second in the 2018 Santa Anita Derby.

The prior CHRB departed from its standard procedures when it refused to file a complaint following the split sample confirmation of scopolamine in Justify's official sample. The prior CHRB swept the Justify matter under the rug by dismissing the matter in a closed session in August of 2018 where it remained until Joe Drape uncovered the scandal in an article published in the New York Times in September of 2019.

“This legal action was never just about the purse money, I wanted to stand up for what's right and to make sure that every horseman, from the little guy to Bob Baffert, is treated fairly and equally” Ruis said. “I commend the current CHRB for reviewing this matter and look forward concluding negotiations regarding a public hearing.”

Ruis is represented by attorneys Darrell Vienna and Carlo Fisco.

“It has been a pleasure to work with Mr. Ruis. He is an individual who truly believes and has proven that one man can make a difference,” said Vienna. “We look forward to presenting the agreement with the CHRB to the court so we can resolve the litigation.”

Carlo Fisco added “This decision was a no-brainer for the CHRB,” added Fisco. “It's very encouraging for racing in California to see this new board being able to make the obvious and positive move, a task that the old board found to be, for some unknown reason, too daunting.”

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Los Alamitos Given Green Light After New Plan For Equine, Rider Safety Praised By Board

At the end of a ten-day period of probation of its license due to concerns about equine fatalities, Los Alamitos received unanimous support from the California Horse Racing Board (CHRB) Monday to continue running its meet.

A petition filed by CHRB executive director Scott Chaney triggered an emergency meeting of the board ten days ago to discuss a recent cluster of deaths — both exercise-related and non-exercise-related — at the track. Following that emergency meeting, the track has seen two more equine fatalities. Since then, Los Alamitos officials submitted a plan to commissioners, outlining their plans to increase surveillance and further restrict medication use on the backstretch in order to reduce risk to horse and rider.

The plan sets up an entry review panel comprised of an entry steward, track management representative, and a veterinarian to scratch any horses they feel “unsuitable for any reason of horse and/or rider safety.” That panel, which was enacted for last week's racing, has already scratched five horses.

In addition to CHRB-mandated necropsy reviews that already take place following a racing or training death, the track will now require its own assessment process that will include the horse's veterinarian and trainer for all deaths, not just those related to exercise. Trainers with two equine deaths in a year on the Los Alamitos grounds which are not racing or training-related will undergo a review process and could see their participation privileges at the track revoked. More personnel will be observing morning training at the track, and patrolling the backstretch with the latitude to question handlers and veterinarians about procedures they observe at the barn.

Dr. Rebecca Fitzgerald, track veterinarian, said that initial set-up of these procedures, particularly the entry review board, have already been tremendously helpful. Fitzgerald said she has also taken on the task of conducting exams on horses the day after a race to make sure they came out of it well.

The new plan places restrictions on age and workout experience for first-time starters (Thoroughbred and Quarter Horse) and also prohibits intra-articular injection within 14 days of a race, and intra-articular cortisone within 30 days of a race. Trainers are also prohibited from entering horses that have had two intra-articular cortisone injections within the previous 60 days. Dr. Rick Arthur, CHRB equine medial director, pointed out that three of the last four fatalities would have been barred from entry if the new intra-articular injection rules had been in place earlier.

“I can assure you all that we're kind of humiliated by this whole thing,” said Dr. Ed Allred, owner of Los Alamitos. “I think a lot of it just sort of happened. Things happen in clusters sometimes; we've said that before. We're going to do all we can, everything we possibly can, to do things properly in the future. Some of our people, our trainers will be a little upset by it, but they will adjust to it.”

“You made the comment about some of the trainers are not going to like it and all that — too bad,” said CHRB commissioner Dennis Alfieri. “They shouldn't be training. A lot of trainers that call themselves 'trainers' and they're not trainers. They have one or two horses, they bring them in, they race them … that's what's always made me uneasy with this whole industry, is people who call themselves trainers who shouldn't be training horses. These trainers that don't want to step up and raise their own bar should be out.”

Representatives from the Thoroughbred Owners of California, California Thoroughbred Trainers, and Pacific Coast Quarter Horse Racing Association all spoke up in favor of the new plan.

Although commissioners were generally appreciative of the work Allred and his team put into the plan, commissioner Wendy Mitchell said she hesitated to be too congratulatory toward the industry.

“I really appreciate that people put together this plan and plan on implementing it; I wish we weren't in this situation in the first place,” said Mitchell. “This is the first time we've used this regulation and I was not satisfied with the response at our hearing last week. I think that patting everyone on the back at this point isn't really appropriate … we want to give the track the backbone and knowing they have the support of the CHRB to crack down. While I appreciate the plan, let's keep it in perspective — we're in this situation, which is not a good situation.”

Los Alamitos is scheduled to conduct nighttime Quarter Horse races through late December. Allred and Fitzgerald reassured the board these new protocols will remain in place on a long-term basis. See the complete plan, along with public comments offered before the meeting, here.

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