dr. greg ferraro | Horse Racing Free Tips

CHRB Awards ’24 SoCal Dates, But Warns NorCal Uncertainty Could Be Factor In Final Say

Southern California's racing calendar for 2024 will nearly mirror this year's dates template, with the exception of Del Mar Thoroughbred Club being awarded a fifth week at its fall meet to dovetail with that track's hosting of the Nov. 1-2 Breeders' Cup.

But several California Horse Racing Board (CHRB) commissioners who voted in favor of next year's SoCal schedule at the Aug. 17 monthly meeting made it clear those dates allocations were not to be considered a “rubber stamp” approval that couldn't change at some point in the future.

That caveat was relevant because of the uncertainty unleashed upon the statewide industry July 16 when 1/ST Racing, which owns both Santa Anita Park and Golden Gate Fields, announced that Golden Gate would cease racing at the end of this year.

On Aug. 16, a 1/ST Racing executive said at a meeting of the CHRB's race dates committee, which reports to the full board, that the company might be willing to push back Golden Gate's closure by six months, to June 2024, pending discussions with industry stakeholders about how to best re-work the NorCal schedule in a way that doesn't harm the $30 million investment the company is making to improve SoCal racing.

That Wednesday news about Golden Gate's possible six-month reprieve prompted differing opinions on Thursday between the California Thoroughbred Trainers (CTT) and the Thoroughbred Owners of California (TOC) about how the CHRB should handle its scheduled agenda item that dealt with the awarding of the '24 SoCal dates.

Alan Balch, the CTT's executive director, advocated for the CHRB to hold off on awarding the '24 SoCal dates.

“We believe the entire state is interdependent,” Balch said. “We welcomed the [1/ST Racing] suggestion [Wednesday], not only that they would consider extending northern California at Golden Gate, but that they supported additional racing in the future in Northern California after the closure of Golden Gate. Since the state is integrated, because horses run [on both northern and southern circuits], we strongly urge this board not to allocate southern California dates given the pendency of potential legislation, and for many other reasons, until all the stakeholders can get together [to work out a plan].”

Bill Nader, the TOC's president and chief executive officer, said that it was his group's belief that the “absence of insight in knowing what the north might look like didn't really influence the south.”

Thus, Nader continued, it would be “prudent” to award the SoCal dates on Thursday in order to give “the rest of the country some clarity and completeness that California is still strong and has a vision leading into 2024.”

Bill Nader | Horsephotos

CHRB commissioner Thomas Hudnut said he thought the CTT's idea had merit because delaying the awarding of dates to Santa Anita could be used as an aid in negotiating how 1/ST Racing might help the industry absorb the massive gap it is creating in the NorCal schedule.

“We can't force dates on anybody. But we can withhold them,” Hudnut said. “And I think there is some merit in the suggestion of the CTT to avoid awarding any dates right now. The dates are the 'carrot,' and the 'stick' we have is not awarding them pending people getting their collective acts together…”

After listening to industry stakeholders go back and forth for 2 3/4 hours at Wednesday's dates committee meeting, CHRB commissioners Wendy Mitchell and Damascus Castellanos both expressed concerns on Thursday how some entities didn't seem to be acting with enough urgency considering one month has passed since 1/ST Racing let it be known it would walk away from California's lone commercial Thoroughbred license in the north.

“I've been on this board four years now, and we're really at a crossroads more so than I think we've been [at] in my time here,” Mitchell said. “And I'm very concerned…. It is more urgent than it's ever been to have the industry stay in California.”

Said Castellanos: “Everybody has an idea of working together and doing what they've got to do for the industry. But nobody really came to us [Wednesday] with a plan…. So my concern is the urgency…. We can't force dates on anybody. You guys have got to come up with this…. I suggest, as an industry, get together. Figure it out.”

Eventually, Hudnut moved to defer the allocation of the SoCal race dates until the board's September meeting. But no commissioner seconded his motion, so it died.

CHRB chairman Gregory Ferraro, DVM, took a different approach. He not only made a motion that the board take up the SoCal dates issue right away, but he specified that the '24 dates for that region be “the exact replication of the dates we awarded for 2023, with the exception of the one week” during which Del Mar hosts Breeders' Cup.

Santa Anita, this year's Breeders' Cup host, currently has control of that extra autumn week. Its executives did not lodge any opposition Thursday to Del Mar being granted that week in '24.

Ferraro's motion was seconded. Before the final vote was taken, CHRB vice chair Oscar Gonzales reminded commissioners who might be cognizant of Hudnut's “carrot and stick” analogy that the board still has other resources to act as cudgels of compliance, such as the CHRB's powers to halt any licensee's ability to race at any time, or even to deny a license altogether after blocks of dates have been awarded.

“I mean, we have a lot of latitude as the board, so it's among the reasons that I intend to vote for southern California racing dates knowing that this board has been empowered [to make changes after awarding blocks of dates],” Gonzales said. “I believe we are going to be paying very, very close attention to see how things unfold here over the next few weeks and months.”

The motion to award the '24 SoCal dates then passed, with Hudnut casting the lone dissenting vote.

The exact blocks of SoCal dates were not read into the record prior to the vote. But the template they will follow lines up with year's rotation: Santa Anita from Dec. 26, 2023, to late June 2024; then Los Alamitos through early July; Del Mar through mid-September; Los Alamitos until late September; Santa Anita through late October; Del Mar through the first week of December; Los Alamitos until late December.

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CHRB Reports Safety Measures Continue To Protect Horses

California horse racing again experienced a significant decline in the number of horses that died from injuries suffered during racing and training at the state's facilities during the 2022-23 fiscal year that ended June 30, the California Horse Racing Board (CHRB) said in a press release on Saturday.

A total of 26 died last year as a result of musculoskeletal injuries that occurred while racing or training, compared with 39 the previous year. For context, approximately 30,000 race starts and far in excess of 100,000 workouts occur each year from 8,000 to 10,000 horses at CHRB regulated facilities.

“That's still too many fatalities, but it shows that all of the new regulations, policies and procedures that that we've introduced in cooperation with the industry have had a significant effect,” said CHRB Chairman Greg Ferraro. “Our efforts are focused primarily on preventable injuries, and that's what the numbers reflect. I don't know of any racing jurisdiction in the country that even comes close to matching this effort or result.”

In the interest of full transparency, the CHRB also tracks fatalities caused by any non-exercise-related catastrophic injury. The most common cause of death in this other group is gastro-intestinal diseases, such as colic, colitis, and enteritis, followed by respiratory disease. Unfortunately, the number of “other” deaths increased last year, and those 43 deaths, coupled with the 26 due to musculoskeletal injuries, brought the total to 69, or three more than the 66 from the previous year.

“I've considered several times the idea of not counting other deaths, the type that occur among horse populations anywhere in the world, including the popular riding stables and in the wild, but I've always decided that full transparency is the best way to go,” said CHRB Executive Director Scott Chaney.

Those 43 other deaths occurred despite care and treatment by on-site veterinarians and specialized equipment located in stable areas.

“Six of those horses were transported to the veterinary hospital at the University of California, Davis, as well as other local referral hospitals, where experts did their best to save them,” said Dr. Jeff Blea, the CHRB equine medical director. “Illnesses such as severe colic, advanced neurologic cases, and obscure medical conditions, sometimes just are not treatable, as animal and horse owners throughout the world know from personal experience.”

For further context, equine fatalities at CHRB-regulated facilities have declined by 54 percent since 2019, including the “other” category.

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Wednesday Hearing on Stay of Blea Suspension

California Horse Racing Board (CHRB) equine medical director Jeff Blea, sidelined from that role since early January, is headed to Los Angeles County Superior Court Wednesday, seeking a stay on the California Veterinary Medical Board's interim suspension of his veterinary license.

If the court doesn't grant a stay on the interim suspension–pending a formal hearing on the merits of the veterinary board's accusations against him–Blea asks the court to determine whether in the interim he can resume his duties as equine medical director and as a member of the Anti-Doping and Medication Committee under the Horseracing Integrity and Safety Act, according to an ex parte application filed Monday.

Late last month, Blea filed a writ of mandate with the LA County Superior Court seeking to formally lift the veterinary board's interim suspension. Blea's attorney, George Wallace, explained that another purpose of the legal action was to potentially delay a formal hearing on the merits of the veterinary board's accusations against Blea to allow the LA County Superior Court to weigh in first.

The February court filing also sought declarative and injunctive relief, arguing that the position of equine medical director does not require an active license, and that Blea, UC Davis and the CHRB will continue to suffer “irreparable harm” if California horse racing's head veterinarian remains unable to fulfil his duties. That LA County Superior Court hearing has yet to be scheduled.

UC Davis placed Blea on administrative leave from his role as equine medical director Jan 12. That position is first appointed by the dean of UC Davis, which then contracts with the CHRB for the appointee's services.

Since then, UC Davis has used various school personnel to fulfil the equine medical director's duties for the CHRB.

Early this year, the veterinary board successfully sought an interim suspension of Blea's veterinary license for a number of alleged offenses, including purportedly administering medications to racehorses without a prior examination, without forming a diagnosis and without medical necessity.

The veterinary board also claimed that Blea presents a “danger to public health, safety and welfare,” due to his oversight as equine medical director of the high-profile investigation into the death of the Bob Baffert-trained Medina Spirit (Protonico), the Kentucky Derby winner who collapsed and died after a scheduled workout Dec. 6 at Santa Anita.

The necropsy and postmortem review of Medina Spirit's death is now complete, with the cause of death undetermined. The executive associate dean of UC Davis's School of Veterinary Medicine ultimately oversaw the necropsy examination.

According to various leading veterinary medical experts, the veterinary board's accusations leveled against Blea consist largely of lax record keeping.

They also suggest that the veterinary board's investigation potentially failed to account for the unusual nature of veterinary practice on the backstretch, where veterinarians–even those with multiple barns under their care–can build the sort of daily relationship with their animals absent from traditional small animal practice.

The formal hearing on the merits of the veterinary board's accusations has not yet been scheduled.

Monday's court filing emphasizes the highly unusual nature of the interim suspension against Blea, who hasn't practiced private veterinary medicine since assuming the equine medical director position in June of last year.

“Dr. Blea is the only veterinarian since at least 2019 that the Veterinary Medical Board has deemed to be such a threat to public safety and well-being that it has sought to suspend his license to practice without proceeding to a full hearing on the merits of its Accusation case,” the filing states.

The ex parte application also delves into the jurisdictional turf war that has emerged between the veterinary board and the CHRB. Both wield regulatory oversight of backstretch veterinarians. The question of each is: How much?

“The Veterinary Medical Board is seeking to discipline Dr. Blea for practices and procedures that all fall within the bounds of known, settled, and accepted practices within the zones that fall within the jurisdiction of the CHRB, and under which racetrack veterinarians have been operating for years with no notice from the Veterinary Medical Board that it has other, conflicting ideas about appropriate practice,” the filing states.

According to the filing, CHRB chair Greg Ferraro, who formerly served on the Veterinary Medical Board, has issued a joint declaration explaining that the veterinary board is basing the bulk of its accusation “on misconceptions of how veterinary medicine is practiced in the racetrack environment (which is more analogous to an agricultural or herd practice in many cases than it is to a general small animal practice) and misinterpretation of the governing statutes.”

Even if Blea is successful on Wednesday, however, it's unclear how UC Davis will act. The TDN asked the university if it would permit Blea to resume his equine medical director duties if a stay is issued.

A UC Davis spokesperson responded in an email that, “At this point, he remains on administrative leave. No decision beyond that can be made until we know more specifics.”

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CHRB Responds to VMB Suspension of Dr. Blea

In response to the actions brought by the California Veterinary Medical Board (VMB) against Dr. Jeff Blea, Equine Medical Director, the California Horse Racing Board (CHRB) issued a statement Thursday morning regarding the interim suspension order of his license.

The investigation into the death of GI Kentucky Derby winner Medina Spirit (Protonico) will now be headed by the executive associate dean of UC Davis' School of Veterinary Medicine.

“Given the sensitive and very public nature of the necropsy and resulting investigation into the death of Medina Spirit, and in keeping with the CHRB's commitment to integrity and transparency, the CHRB has asked the executive associate dean of UC Davis' School of Veterinary Medicine to oversee the necropsy and forensic examination of Medina Spirit,” the release read. “The CHRB believes this also satisfies the VMB's stated reason for filing the temporary suspension petition and therefore requires it to consider its withdrawal.

The CHRB is capable and specifically vested with the regulatory authority to ensure that all investigations, including necropsy reviews, are performed accurately and with the utmost diligence and transparency. This is a responsibility of the CHRB, not the VMB, and its emergency actions are unnecessary and outside the scope of its authority.”

The release continues, “This point was confirmed in the emergency petition decision stating, 'There was, however, no evidence presented at hearing that would suggest that the Board (VMB) has the authority to invalidate Respondent's appointment or otherwise interfere with his duties as the Equine Medical Director.

That its emergency actions nevertheless seek to exclude Dr. Blea from contributing as the EMD to the critical and valuable work done through the necropsy program is unfortunate, and an improper application of its oversight and regulatory authority.'”

CHRB Chairman Dr. Greg Ferraro said, “In my view, the allegations against Dr. Blea have yet to be proven, and as such, he should be able to serve as the EMD until the final outcome of the accusation filed against his license can be fully adjudicated through the administrative process. At that point, the CHRB would be in a better position to determine any appropriate actions to take considering the final outcome and its full context in application and relationship to Dr. Blea's role as EMD.”

CHRB Executive Director Scott Chaney added, “Dr. Blea has done excellent work for the CHRB since he began his employment at UC Davis on July 1 and accepted the position of EMD. My concern is that not relying on his expertise, advice, and work in the role of EMD would diminish the CHRB's ability to effectively promote animal welfare and, in a very real way, make horses less safe in California. Of course, the full Board has the ultimate authority to determine its course of action, and the next opportunity for the Board to discuss the matter will be in closed session on Jan. 20 following the regularly scheduled Board meeting.”

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