Jockey Club Round Table: HISA ‘Best Ever Opportunity To Right Our Badly Listing Ship’

The 69th Annual Round Table Conference on Matters Pertaining to Racing concluded Sunday with emphatic support for the Horseracing Integrity and Safety Act (HISA) by The Jockey Club Chairman Stuart S. Janney III, who presided over the conference and referenced in his closing remarks the arguments made by groups in the racing industry that have stated their opposition to HISA.

“When the history of this is written, it will be clear who the obstructionists were and who opposed this industry's best ever opportunity to right our badly listing ship,” Janney said. “I am proud to stand with those who support HISA, and I look forward to the needed reform it will bring to our industry and to seeing our ship finally sailing a straight course.”

Sunday's event was held virtually and streamed on jockeyclub.com and made available on NYRA's YouTube channel, Racetrack Television Network's respective platforms, and bloodhorse.com.

Janney was preceded by presentations from Charles Scheeler, chair of the Horseracing Integrity and Safety Authority board of directors, and Dr. Tessa Muir, director of Equine Science for the United States Anti-Doping Agency (USADA).

Scheeler described the components of the authority's work ahead, which include the establishment of an anti-doping and medication testing program and a safety program; constituency outreach; and utilizing the industry's plethora of data, much of which will be sourced from The Jockey Club's databases. In advance of the implementation of HISA next year, plans call for the authority's board and standing committees to publish proposed rules for public comment before they are submitted to the Federal Trade Commission.

“What I saw when [I looked at HISA] was a once-in-a-lifetime opportunity to make the sport safer for horses and jockeys, to serve the overwhelming majority of horse people who want to win fairly and who want to play by the rules…” Scheeler said.

Muir spoke of USADA's plans to work with the Thoroughbred industry, including leveraging expertise for both human and equine athletes to create best practices.

“Our aspiration is to establish and maintain a uniform and harmonized program that is centered on promoting and safeguarding the health and welfare of horses and protects the rights of all participants to race clean and win fairly,” she said.

Emily Lyman, founder and chief executive officer of Branch & Bramble, a digital marketing agency used by America's Best Racing (ABR), discussed how “social listening” online can be used to gauge public sentiment of horse racing and how highly publicized events can have a positive or negative impact on how the sport is viewed. She talked about how ABR's marketing strategy is influenced by this data and that influencers can be effectively used as brand ambassadors to introduce new audiences to horse racing.

“Maintaining the status quo doesn't protect a brand's long-term health,” Lyman said. “Without growth in impressions and public sentiment, your key audience will eventually die out.”

Will Duff Gordon, the chief executive officer of Total Performance Data (TPD), spoke in a presentation with Will Bradley, director and founder of Gmax Technology Ltd., on how TPD and Gmax have collaborated to create timing systems for horse races and how they are working with Equibase to determine how the tracking data can supplement and enhance the information that Equibase provides. They noted that this information will become more valuable with the expansion of sports betting in the United States.

“We do know from our European experience that sports that have the richest set of data, as well as pictures, as well as odds, capture the most betting turnover and handle,” Gordon said.

Dr. Yuval Neria, professor of Medical Psychology at Columbia University and director of the PTSD Research Center, was joined by Dr. Prudence Fisher, associate professor of Clinical Psychiatric Social Work at Columbia University, to talk about the Man O' War Project, which was founded by Ambassador Earle I. Mack. It is the first university-led research study to examine the effectiveness of equine-assisted therapy (EAT) in treating veterans with post-traumatic stress disorder.

Neria described the findings as “extremely encouraging,” noting measurable changes in the parts of the brain involved in the capacity to seek and experience pleasure among trial participants. There were also decreases in symptoms of post-traumatic stress disorder and depression.

Moving forward, plans call for the creation of the Man O' War Center, with goals to train others in EAT protocol for veterans, adopt the protocol for other groups, pursue a larger research study, and expand the use of former racehorses for equine-assisted therapy work.

“We are proud to partner with the Thoroughbred Aftercare Alliance to connect groups trained in the Man O' War protocol with accredited aftercare facilities,” said Fisher. “It's a great way to incorporate more retired Thoroughbreds in EAT programs throughout the country.”

Kristin Werner, senior counsel for The Jockey Club and administrator of The Jockey Club's Thoroughbred Incentive Program, moderated an aftercare panel with panelists Erin Crady, executive director, Thoroughbred Charities of America (TCA); Brian Sanfratello, executive secretary, Pennsylvania Horse Breeders Association (PHBA); Beverly Strauss, executive director, MidAtlantic Horse Rescue; and Dr. Emily Weiss, vice president, Equine Welfare, American Society for the Prevention of Cruelty to Animals (ASPCA).

Each panelist shared their perspectives on challenges in the aftercare landscape, from securing a safe first exit from the racetrack to placing retired breeding stock. Crady talked about the TCA's Horses First Fund, which helps Thoroughbreds in case of an emergency.

“Plan, plan, and plan some more,” Crady said. If you've prepared a business plan for your racing operation, include a section on aftercare.

“Please remember one thing that I feel is paramount to your horse's future. Make every effort to retire your horse while he or she is still sound. A sound Thoroughbred can have an unlimited future.”

Strauss talked about the kill buyer market and the frequent social media frenzies when Thoroughbreds are offered for inflated prices to save them from being sold to slaughter. She warned that individuals and organizations that participate in these practices are often scams.

“If you're contacted because one of your former horses is in a kill pen, do some research, don't just throw money at it, don't just send money blindly, do research and see that the horse truly is in a bad place and then ensure its safety,” Strauss said.

Sanfratello detailed the PHBA's stance on aftercare and its creation of a code of ethics that will sanction those who knowingly send horses registered with the PHBA to slaughter.

“Our board understands that aftercare is just as important as making sure that we increase the numbers of mares bred,” Sanfratello said.

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Weiss focused on the work of the ASPCA's Right Horse Initiative, which assists with placing horses in transition. She noted that a problem seen with placing horses is that Thoroughbreds are often not located where the demand for them exists.

“There's some disconnect between the interest in the general public and getting these horses into their hands, and part of that is just getting those horses where those people are,” she said.

David O'Rourke, the president and chief executive officer of the New York Racing Association (NYRA), provided an update on that organization's efforts to promote safety, integrity, and the sport of racing. According to O'Rourke, NYRA has allotted 50% of its capital budget since 2013 to infrastructure improvements such as new track surfaces, barns, and dormitories. He also addressed the legalization of sports betting and NYRA's belief that this represents a critical opportunity for horse racing to expand its wagering options and boost handle

James L. Gagliano, president and chief operating officer of The Jockey Club, delivered a report on the activities of The Jockey Club.

Also in his closing remarks, Janney announced that Len Coleman and Dr. Nancy Cox, co-chairs of the nominating committee of the Horseracing Integrity and Safety Authority, have been awarded The Jockey Club Medal for exceptional contributions to the Thoroughbred industry.

A video replay of the conference will be available on jockeyclub.com this afternoon, and full transcripts will be available on the same site this week.

The Jockey Club Round Table Conference was first held on July 1, 1953, in The Jockey Club office in New York City. The following year, it was moved to Saratoga Springs, N.Y.

The Jockey Club, founded in 1894 and dedicated to the improvement of Thoroughbred breeding and racing, is the breed registry for North American Thoroughbreds. In fulfillment of its mission, The Jockey Club, directly or through subsidiaries, provides support and leadership on a wide range of important industry initiatives, and it serves the information and technology needs of owners, breeders, media, fans, and farms. It founded America's Best Racing (americasbestracing.net), the broad-based fan development initiative for Thoroughbred racing, and in partnership with the Thoroughbred Owners and Breeders Association, operates OwnerView (ownerview.com), the ownership resource. Additional information is available at jockeyclub.com.

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Saratoga’s Racing and Gaming Conference Set to Return

After a two-year absence, the Racing and Gaming Conference is back. The two-day conference will kick off Aug. 16 and will be held in the 1863 Club on the grounds of Saratoga Race Course.

With the goal of examining industry trends and challenges facing the sport, the conference was known for bringing together notable industry leaders from across a wide spectrum, including racing officials, regulators and politicians. This year, more than 40 gaming and racing industry professionals will participate in 14 sessions as speakers and panelists throughout the two days.

The conference will begin with a panel called “Putting on the Big Show, What's New and What's Next at NYRA,” which will feature David O'Rourke, the chief executive officer and president of the New York Racing Association. That will be followed by a session entitled “Horseracing Integrity and Safety Act: What is in it and Why is it important to the Industry?” It will be moderated by Bennett Liebman, Government Lawyer in Residence at Albany Law School, and the panelists will be Alan Foreman, Pat Cummings and Pete Sacopulos. Monday's agenda also includes what should be an important look at the “decoupling” problem. Decoupling is an effort by casino companies to keep their gaming licenses without having to conduct live racing.

On the 16th, Bill Pascrell III, Partner, Princeton Public Affairs Group, will host a panel called “Parimutuel Wagering in the New Sports Betting Landscape.” Panelists will include Dennis Drazin, who heads the management team at Monmouth Park and played an integral role in the fight to overturn The Professional and Amateur Sports Protection Act.

Patrick Brown, co-founder of the Brown & Weinraub law firm in Albany and who serves as a member of the Albany Law School, Government Law Center Advisory Board, will serve as conference director after having been a conference participant for many years. Brown has worked extensively with Leibman, who ran the conference while it was under the direction of the Albany Law School.

To learn more about the conference got to https://racingandgamingsaratoga.com.

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Harvey Pack, 94, NYRA TV Host And Irreverent Voice Of The $2 Bettor, Passes

Harvey Pack, who became an unlikely broadcasting pioneer by delivering a blend of insightful, irreverent and heartfelt commentary on horse racing as host of the country's first nightly racing replay show, died Tuesday in New York City. He was 94.

For more than three decades starting in the mid-1970s, Pack was one of the best-known personalities in New York racing, celebrated as the voice of the common fan, the $2 bettor. At NYRA, Pack created and hosted racing replay shows like “Thoroughbred Action” and “Inside Racing,” sprinkling the replays of races with his analysis, predictions and lively tales about the Runyonesque characters who frequented Belmont Park, Aqueduct Racetrack and Saratoga Race Course.

As NYRA's Director of Promotions and Special Events, Pack created and hosted “The Paddock Club” at Belmont and Saratoga in which fans gathered to discuss racing and handicapping, often joined by special guests.

In the early 1970s, Pack was a 40-something Manhattan-based syndicated writer whose job allowed him to spend afternoons at the track. Off-track betting had just launched in New York, and many radio stations were reporting race results – none with much vigor, Pack noted.

That inspired an idea: Why not call a race with the excitement of a track announcer and squeeze in some stories, Pack reasoned, all of it condensed into a 30-second spot, the average length of a highlight reel. He even had the perfect name for his reports: “Pack at the Track.”

The idea, common today, was revolutionary for its time. He sold the idea to WNBC, and “Pack at the Track” proved so popular that NYRA hired him in 1974, where he spent the next quarter-century.

“Harvey Pack was an authentic voice and an innovator who turned a lifelong passion into a career and became one of our sport's greatest advocates and ambassadors, all in his unique, 'only in New York' way,” said Dave O'Rourke, NYRA President & CEO. “He was a visionary who meant a great deal to thoroughbred racing and we look forward to honoring his legacy in the near future.”

At a time when broadcasting was transitioning to cable, Pack hosted the nationally syndicated race-recap show on SportsChannel, which became the way that many owners and breeders around the country in those days were able to see their horses run. Starting in 1984 and for the next 10 years, Pack was also part of the NBC broadcast team for the Breeders' Cup World Championships, including those held in 1985 at Aqueduct; and in 1990, 1995 and 2001 at Belmont.

At the root of Pack's popularity – his NYRA business card described him as “Doctor of Equine Prophecy” – was an ability to convey his love of horse racing and handicapping to fans and doing so with humor and humility.

“Harvey knew horse racing and made it a lot of fun to watch,” said NYRA senior racing analyst Andy Serling, Pack's broadcast partner for a time and a friend for more than 40 years. “Whether he was on the air or just talking with fans, he connected with everyone and never took himself too seriously. A lot of what we do on the air today goes right back to Harvey. He was the forerunner and a trailblazer in how we cover horse racing today.”

Even after leaving NYRA, Pack remained a familiar presence at all three NYRA tracks. At Saratoga, Pack and Serling hosted Daily Racing Form seminars across the street from the track at Siro's restaurant, where he presided over a panel of rotating handicappers, offering his wit and wisdom to fans who showed up in droves.

Pack's 2007 book, May The Horse Be With You: Pack at the Track, written with Peter Thomas Fornatale, is a window into how the racing game hooked him as a kid and never let go.

Pack, born and bred on Manhattan's Upper West Side, grew up during racing's golden era when huge crowds packed the New York tracks on weekends and horses like Omaha, War Admiral and Stymie were front-page celebrities. As a boy, Pack would be given $10 by his father to take the first train from Penn Station to Belmont and hold a couple of seats. Arriving before post time, Pack perused the Daily Racing Form and became a handicapper.

Later, while serving in the U.S. Army and based at Fort Dix, New Jersey, a Colonel discovered his interest in horses and made Pack his personal handicapper on frequent trips to nearby Atlantic City Race Course.

Pack once said that he told “the same three jokes for 20 years.” But his stories about the colorful characters he came to know at New York tracks were seemingly endless. At the top of his list was a disheveled handicapper named Mr. Dirt, a Columbia graduate, who, as Pack put it in his book, “had an Ivy League mind, but not the wardrobe.”

Asked why his television work on NBC with the late Peter Axthelm was so popular, Pack had a one-sentence answer: “We were successful because nobody ever televised racing (before) with a sense of humor,” he said. Told that he may have been the most famous person in the history of New York racing, Pack corrected his admirer. “I'm 'horseplayer' famous,” he said.

Pack is survived by his wife Joy, two children, five grandchildren and one great grandchild.

Andy Serling sat down with Pack in April of 2017 for the debut episode of NYRA's Across the Board podcast. That wide ranging interview can be found at https://soundcloud.com/acrosstheboardwithandyserling/episode-1-featuring-harvey-pack.

 

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NYRA: Baffert Ban Necessary To Protect Horses, Riders And Ensure Integrity

The United States District Court for the Eastern District of New York should not grant Bob Baffert a preliminary injunction that would permit the embattled trainer to race or stable horses at tracks operated by the New York Racing Association, attorneys for NYRA and The Jockey Club argued in court filings submitted on June 30.

Baffert filed suit against NYRA on June 14, nearly a month after the racing association notified the Hall of Fame trainer that he was temporarily banned from racing or stabling at NYRA tracks while the Kentucky Horse Racing Commission conducts its investigation into the post-race drug positive for Baffert-trained Medina Spirit, who crossed the finish line first in the May 1 Kentucky Derby. Baffert is seeking a temporary and permanent injunction against the ban while claiming his 14th Amendment Constitutional rights to due process were being violated.

As defendant in the case, NYRA filed a memorandum of law in opposition to Baffert's motion for preliminary injunction. The Jockey Club filed a brief as amicus curiae, or friend of the court, claiming that its role as keeper of the Stud Book gives it a “unique interest in ensuring that when Thoroughbreds enter the breeding shed (where they determine the future of the breed through progeny), they do so with records uninfluenced by the effects of medication.”

Both court filings struck the same note, countering Baffert's argument that he will suffer irreparable harm as a result of his ban from Belmont Park and the upcoming high-profile meeting  at Saratoga in upstate New York where a number of graded stakes are run.

The Jockey Club produced statistics from Equibase showing that Baffert, during the period from 2011-20, made a total of 134 starts at NYRA tracks, representing 3.23% of his total 4,146 North American starts over those years. He's averaged five starts each year during the Saratoga meet.

The Jockey Club brief dismisses Baffert's claim that the NYRA ban has “damaged his reputation and prompted a 'mass exodus' of owners” from his stable because of their horses' inability to race at Saratoga while under his care.

“The source of damage to Mr. Baffert's reputation is not the NYRA temporary suspension; rather, the cause is a record of repeated drug testing failures, including most recently after American racing's most famous and highly visible race, the Kentucky Derby,” attorneys for The Jockey Club contend.

The Jockey Club brief also points out that Baffert's complaint only cites one owner transferring a horse or horses to another trainer and does not specify whether that transfer was a result of the NYRA ban, a two-year suspension imposed by Churchill Downs racetrack or “his record of substance violations.”

NYRA's filing states that Baffert balked after being given an opportunity to respond to a May 17 letter from David O'Rourke, the racing association's CEO and president, outlining the reasons for the racing and stabling ban. “NYRA expects to make a final determination regarding the length and terms of your suspension based on information revealed during the course of the ongoing investigation in Kentucky,” O'Rourke wrote. “If you wish to present to NYRA any information, data or arguments concerning this matter, please do so within seven business days from receipt of this letter.”

“Rather than avail himself of this opportunity,” the NYRA court document in response to the lawsuit states, “plaintiff filed this action nearly a month later and now moves for a preliminary injunction … plaintiff's nearly month-long delay in seeking this preliminary injunction undercuts the sense of urgency need to remedy his alleged harm.”

NYRA also counters Baffert's claim that the racing association is unable to suspend him from its tracks because it does not own the grounds on which the tracks are located. “Settled law holds that NYRA had both the common law and regulatory right to exclude anyone, including a licensed trainer, who engages in conduct detrimental to the best interests of racing,” the court filing claims. “Moreover, plaintiff's assertion that NYRA violated his due process rights is incorrect. NYRA was not required to provide plaintiff an opportunity to be heard before issuing a temporary suspension because NYRA's decision was based on probable cause that plaintiff's actions warranted suspension and was necessary to protect the safety of the racehorses and their riders, and required to ensure the integrity of the sport.

“NYRA is obligated to protect its investment, brand and reputation, and supervise activities at its racetracks in a manner that fosters the public's confidence in the safety and honesty of the sport.”

NYRA's response includes a statement from Robert Williams, an attorney and executive director of the New York State Gaming Commission, outlining the rights of exclusion by racetracks in the state and/or stewards working at those tracks.

A second declaration, from Professor Pierre-Louis Toutain, a PhD in pharmacology, states that betamethasone, the corticosteroid detected in Medina Spirit's post-race sample, has a “potent anti-inflammatory effect,” even at picogram levels (the original finding for Medina Spirit was 21 picograms per mililiter). Citing multiple scientific papers, Toutain concludes that “a plasma concentration of 21 pg/mL is significant for betamethasone, a substance which can locally or systemically increase the performance of a racehorse with or without clinical manifestation of inflammation.”

A hearing on the motion for injunctive relief is scheduled for July 12.

Jockey Club brief

NYRA memorandum

Baffert vs. NYRA complaint

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