KY Advances Whip Rule That Guild Believes Can Be North American Model

After nearly two years of negotiations and rewrites, the Kentucky Horse Racing Commission (KHRC) on Tuesday unanimously advanced a more humane whipping rule that The Jockeys' Guild is endorsing as a possible model regulation for all North American jurisdictions to follow.

The chief change sets a limit of six overhand hits per race with no more than two strikes in succession to give the horse a chance to respond.

Jennifer Wolsing, the general counsel for the KHRC, explained prior to the vote that if necessary, jockeys may also use the whip “in a backhanded or underhanded fashion from the three-eighths pole to the finish line, which does not count [against] the use of the crop six times in the overhand fashion.”

Tapping the horse on its shoulder with the whip in the down position (and with both hands holding the reins and touching the horse's neck) will also be permitted. Showing or waving the whip without contact to the horse is also allowable.

The wrist holding the whip, however, can never go “above helmet height” prior to a strike, Wolsing added.

Violators can be punished with either a $500 minimum fine or a three-day minimum suspension. If the stewards believe that the violation is egregious or intentional, they can impose both a fine and suspension.

The KHRC's Rules Committee had voted in this latest round of proposed changes on May 3 based on input from Guild members and executives.

“We feel that this rule is a fair compromise, and is in the best interest of our industry,” Terence Meyocks, the president and chief executive officer of the Guild, said after the vote.

Meyocks added that Kentucky's new rule could be the basis for a model whip rule that gets implemented throughout North America instead of relying on the current patchwork of differing jurisdictional standards.

Although no timetable for implementation was discussed during Tuesday's meeting, KHRC executive director Marc Guilfoil told TDN last month when the regulation advanced out of the rules committee that after passage by the full KHRC board, the measure next has to be approved by the state legislature, whose leaders have indicated support for the version the commission passed on Tuesday. Guilfoil had estimated that legislative process could take up to seven or eight months.

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Jockeys’ Guild Begins Legal Action Pertaining to New Jersey Crop Use

In light of the New Jersey Racing Commission (NJRC)’s decision and applicable new regulation to eliminate the use of the riding crop but for safety purposes in Thoroughbred racing, the Jockeys’ Guild has retained the services of Rivkin Radler LLP in Hackensack, N.J., to take legal action. A notice of appeal of the Commission’s new regulation was filed on Nov. 5, 2020, in the Superior Court of New Jersey, Appellate Division.

As the organization representing jockeys throughout the U.S., the safety of both equine and human athletes are paramount and of the upmost importance to the Jockeys’ Guild. According to the organization, the Jockeys’ Guild and its members are adamantly opposed to any animal abuse, and any person who does so should be fully punished for such occurrences. However, the jockeys must be afforded the discretion to use the riding crop in a responsible manner to safely control the horse and do what is in the best interest of the integrity of the sport.

A Steward will determine when a jockey has violated the new rule and the extent of the fine or sanction, which Jockeys’ Guild believes is unfair and subject to enhanced–not reduced–safety concerns. “We strongly believe the rule adopted by the New Jersey Racing Commission will have serious consequences and could result in even greater risks and dangers for both the horses and jockeys,” said Guild Co-Chairman, John Velazquez. “There are many instances when we need to be able to use the riding crop to prevent a dangerous situation from occurring that is not able to be seen or known by those who are not on the horse’s back. While purported to focus on the welfare of the horse, by not considering these instances, the new rule actually disregards the safety of the jockey and the horse.”

The Guild is extremely disappointed by the actions taken by the NJRC. The Guild believes its comments and concerns were not considered and that the NJRC insisted on rushing to adopt a rule that the Guild strongly believes is not only unsafe for the horse and jockey, but also a dangerous precedent and inconsistent with any other jurisdiction in the U.S.

“We believe the Commission failed to have any meaningful dialogue or recognize any input from us as the jockeys who are risking our lives,” said Guild board member and long-time New Jersey jockey Joe Bravo. “We feel that the Commission completely ignored our pleas for compromise, which is disrespectful and disheartening.”

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