Three Jockeys to Become Test for Contested HISA Enforcement

The legal rabbit hole deepened on Tuesday in one of four lawsuits designed to derail the Horseracing Integrity and Safety Act Authority (HISA), pulling jockeys Drayden Van Dyke, Miguel Vazquez and Edwin Gonzalez into the fray as plaintiffs alleged new harms resulting from rule enforcement they believe is in contempt of a court order.

Plaintiffs led by Louisiana, West Virginia, and the Jockeys' Guild moved for a federal judge to issue an immediate order to enforce its July 26 injunction to keep Guild-member jockeys from being subject to HISA rules nationwide. The plaintiffs also want the judge to make the HISA defendants explain to the court why they should not be held in contempt for “flagrantly violating this Court's injunction within a mere four days after this Court entered it.”

A series of filings Aug. 2 in United States District Court (Western District of Louisiana) centers on different interpretations the two sides have regarding what Judge Terry Doughty meant when he wrote in that July 26 injunction that, “The geographic scope of the injunction shall be limited to the states of Louisiana and West Virginia, and as to all Plaintiffs in this proceeding.”

The plaintiffs-most specifically, the Guild-believe the judge's words apply to “all of the members of the Jockeys' Guild, regardless of the U.S. jurisdiction in which the jockey is riding.”

The HISA defendants have steadfastly maintained that individual members of the Guild are clearly not plaintiffs in the lawsuit, and to consider them that way “would wreak havoc on the sport. For example, many jockeys are not Guild members, such that different rules would apply to jockeys riding in the same race.”

Separately, the defendants have made a formal motion asking for a clarification of the wording in the injunction, but the court docket indicates the judge might not offer one until next week, unless Doughty opts to expedite the matter.

And beyond that, the defendants' appeal of their turned-down request to put a stay on the entirety of the July 26 preliminary injunction is headed for the Fifth Circuit Court of Appeals.

Confused yet? There's more. This case is only one of four lawsuits initiated at the federal level this year to keep HISA rules from going into effect nationwide. The first two got tossed out by judges but are in the process of being appealed. The fourth just got filed on Monday in a Texas court.

According to Tuesday's filings, Guild-member jockeys Van Dyke, Vazquez and Gonzalez are just the first three jockeys that the plaintiffs believe are being harmed by the allegedly contemptuous enforcement of HISA safety rules.

“Though the ink has not yet dried on this Court's order preliminarily enjoining Defendants from enforcing HISA's unlawful rules, some Defendants have already decided that they need not follow the Order,” the filing stated. “[D]espite the Order's plain text, the Authority Defendants continue to implement and enforce the enjoined rules against members of Plaintiff Jockeys' Guild.”

According to the filings, on July 27, one day after the allegedly unclear order was issued, a HISA spokesperson stated that “HISA will continue to enforce its rules in all applicable jurisdictions, with the exception of Louisiana and West Virginia. Outside of those states, the court order applies only to the five individuals specifically named in the case.”

And on July 29, the filings stated, the California Horse Racing Board (CHRB) put out an advisory that stated, “Unless and until a federal court clarifies an earlier ruling by indicating otherwise, the CHRB will continue to honor its agreement with HISA by enforcing HISA safety rules, including the rules covering use of the riding crop, as the CHRB has been doing since HISA rules went into effect on July 1.”

Then on July 30, Del Mar stewards issued a ruling against Van Dyke for his use of the riding crop in a July 29 race that they deemed to be in violation of HISA Rule 2280, imposing a $250 fine and one-day suspension.

“The suspension is set to preclude Mr. Van Dyke from racing on Aug. 6, but he must confirm participation on Aug. 3 for that race day,” Tuesday's filing stated. “To be clear, Mr. Van Dyke is a member of Plaintiff Jockeys' Guild and thus Defendants are enjoined from implementing and enforcing the enjoined Racetrack Safety Rules against Mr. Van Dyke.”

The filing continued: “Compounding this problem, over the weekend, Plaintiffs were informed that the HISA stewards at Gulfstream Park in Hallandale, Florida plan to issue multiple rulings against members of Plaintiff Jockeys' Guild for similar violations.”

For actions during July 31 races, the filing stated, “HISA stewards intend to issue written rulings on Aug. 5 against Miguel Vazquez [for] a violation of enjoined HISA Rule 2280 that prohibits a jockey from raising his wrist above a certain point before striking a horse with his riding crop; and Edwin Gonzalez for a violation of enjoined HISA Rule 2280 for a different riding crop violation.”

Both Gulfstream jockeys are expected to receive fines of $250 each, one-day suspensions, and points to escalate penalties for subsequent violations.

“Through these continued enforcement actions, the Authority Defendants thus have made clear that they seek to enforce enjoined rules against Plaintiffs' members throughout the country outside of Louisiana and West Virginia,” the plaintiffs' filing stated.

The plaintiffs are asking the judge to award compensatory damages to cover the allegedly lost purse earnings that the above three riders will incur, plus a “coercive fine of $250 per day for each day any points assessed…as a result of HISA's contempt are not purged from their records.”

The Guild-backed plaintiffs also want those damages to apply to any other Guild members who get subsequently penalized while this issue is contested in the courts.

With regard to how the judge might rule in his clarification of the injunction, the plaintiffs noted in court documents that “nearly 50 years of Supreme Court case law” is on their side, because precedents confirm that “members of associations are entitled to the benefits that their associations obtain in litigation.”

In the overall lawsuit, the HISA Authority, the Federal Trade Commission, and board members and overseers of both entities are alleged to have violated the Fourth, Seventh and Tenth Amendments to the Constitution, plus the Administrative Procedure Act (APA), which governs the process by which federal agencies develop and issue regulations. An adverse ruling against the defendants could mean a reopening of public commentary periods and a rewrite of all existing and in-the-pipeline HISA rules.

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Weekly Stewards and Commissions Rulings, Apr. 5-11

Every week, the TDN publishes a roundup of key official rulings from the primary tracks within the four major racing jurisdictions of California, New York, Florida and Kentucky.

Here's a primer on how each of these jurisdictions adjudicates different offenses, what they make public (or not) and where.

California

Track: Santa Anita
Date: 04/08/2022
Licensee: Ryan Curatolo, jockey
Penalty: $1,000 fine
Violation: Excessive use of the whip
Explainer: Jockey Ryan Curatolo is fined $1,000.00 for violation of California Horse Racing Board rule #1688(b)(8)(d) (Use of Riding Crop – more than six times – third offense within the past sixty days) during the fourth race at Santa Anita Park on April 3, 2022.

Track: Santa Anita
Date: 04/09/2022
Licensee: Wayne Barnett, jockey
Penalty: Three-day suspension
Violation: Careless riding
Explainer: Jockey Wayne Barnett who rode Wicked Blue in the sixth race at Santa Anita Park on April 3, 2022, is suspended for 3 racing days (April 15, 16, and 17, 2022) for failure to maintain a straight course in the back stretch and causing interference. This constitutes a violation of California Horse Racing Board rule #1699 (Riding Rules-Careless Riding). Pursuant to California Horse Racing Board rule #1766 (Designated Races), the term of suspension shall not prohibit participation in designated races.

Track: Santa Anita
Date: 04/10/2022
Licensee: Drayden Van Dyke, jockey
Penalty: $1,000 fine
Violation: Excessive use of the whip
Explainer: Jockey Drayden Van Dyke is fined $1,000.00 for violation of California Horse Racing Board rule #1688(b)(8)(d) (Use of Riding Crop–more than six times–third offense within the past sixty days) during the sixth race at Santa Anita Park on April 9, 2022.

Track: Santa Anita
Date: 04/09/2022
Licensee: Brice Blanc, jockey
Penalty: $750 fine
Violation: Excessive use of the whip
Explainer: Official Ruling of the Board of Stewards Santa Anita Park Winter/ Spring Meet (Association) April 10, 2022 (Date) LATS Ruling #88 Jockey Brice Blanc is fined $750.00 for violation of California Horse Racing Board rule #1688(b)(8)(d) (Use of Riding Crop–more than six times–second offense within the past sixty days) during the eighth race at Santa Anita Park on April 9, 2022. *Rule #1532. Fine shall be paid to the Paymaster within seven calendar days from the date of this ruling, or the license of the person upon whom the fine has been imposed shall be suspended.

Track: Santa Anita
Date: 04/09/2022
Licensee: Emily Ellingwood, jockey
Penalty: Three-day suspension
Violation: Careless riding
Explainer: Official Ruling of the Board of Stewards Santa Anita Park Winter/ Spring Meet (Association) April 10, 2022 (Date) LATS Ruling #89 Apprentice Jockey Emily Ellingwood, who rode Dutch Bus in the eighth race at Santa Anita Park on April 9, 2022, is suspended for 3 racing days (April 17, 30 and May 1, 2022) for failure to make the proper effort to maintain a straight course in the stretch, causing interference which resulted in the disqualification of her mount from first to second place. This constitutes a violation of California Horse Racing Board rule #1699 (Riding Rules – Careless Riding). Pursuant to California Horse Racing Board rule #1766 (Designated Races), the term of suspension shall not prohibit participation in designated races

Florida

The following was reported on the Association for Racing Commissioners International's recent rulings website.

Track: Gulfstream Park
Date: 03/23/2022
Licensee: James Toner, trainer
Penalty: $1,000 fine and purse money redistribution
Violation: Medication violation
Explainer: Stipulation and Consent Order # 2022-007341 – F.S. 550.2415 Violation = Methocarbamol. Respondent fined $1000, made payable to the board of relief fund established at Gulfstream Park Thoroughbred After Racing Program, Inc. In addition, the Owners agree that they shall return all money that was distributed from the purse to Gulfstream Park Racing Association, Inc.

New York

Track: Aqueduct
Date: 04/07/2022
Licensee: Heman Harkie, jockey
Penalty: Three-day penalty
Violation: Careless riding
Explainer: For having waived his right to appeal Jockey Mr. Heman Harkie is hereby suspended 3 NYRA racing days April 8th 2022, April 9th 2022, April 10th 2022 inclusive. This for careless riding during the running of the 1st race at Aqueduct Racetrack on April 3rd 2022.

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Sunday’s Insights: Sale-Topping Nyquist Colt Makes Second Start at Santa Anita

6th-SA, $67K, Msw, 3yo/up, 1m, 6:38 p.m. ET

With a race under his belt, BLETCHLEY PARK (Nyquist) looks to move forward in his second career start Sunday for trainer Bob Baffert. The bay colt, purchased for a sale-topping $2.6 million from the 2021 Fasig-Tipton Gulfstream Park Sale (:9 4/5), was a close second behind Happy Jack (Oxbow), who has since gone on to place third in the GII San Felipe S. Bletchley Park is the first foal to race from the Smart Strike mare Spinning Wheel who, while not a particularly successful runner herself, is a half-sister to GISP Ride On Curlin (Curlin). His most recent work was a sharp five furlongs in :59 2/5, beating all but one out of 36 recorded works at the distance. He'll stretch out to the mile distance after his debut at six furlongs. Jockey John Velazquez retains the ride.

Also making his second career start is the newly gelded Q B One (Uncle Mo) for trainer Richard Mandella and owner Spendthrift Farm. The first foal out of champion and MGISW Beholder (Henny Hughes) returns off a seventh-place effort going 6 1/2 furlongs Dec. 26 after a bothered start behind two who have since gone on to win. TJCIS PPs

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Weekly Rulings: Mar. 1 -7

Every week, the TDN publishes a roundup of key official rulings from the primary tracks within the four major racing jurisdictions of California, New York, Florida and Kentucky.

   Here's a primer on how each of these jurisdictions adjudicates different offenses, what they make public (or not) and where.

CALIFORNIA

Track: Santa Anita
Date: 03/04/2022
Licensee: Kent Desormeaux, jockey
Penalty: Suspension
Violation: Non-appearance for hearing
Explainer: Jockey Kent Desormeaux, having failed to respond to written notice to appear before the Board of Stewards at Santa Anita Park on or before March 3, 2022, is suspended for violation of California Horse Racing Board rule #1547 (Failure to Appear) pending an appearance at a hearing before a Board of Stewards to answer to charges alleging violation of CHRB rule #1874 (Disorderly Conduct- Causing a disturbance) and #1485(d)(License Subject to Conditions and Agreement – Failure to abide by an agreement with the Winners Foundation). During the term of this suspension, all licenses and license privileges of Kent Desormeaux are suspended and pursuant to California Horse Racing Board rule #1528 (Jurisdiction of Stewards), subject is denied access to all premises in this jurisdiction.

Track: Santa Anita
Date: 03/04/2022
Licensee: Drayden Van Dyke, jockey
Penalty: Three-day suspension
Violation: Excessive use of the whip
Explainer: Jockey Drayden Van Dyke, who rode Loma Vista in the fourth race at Santa Anita Park on February 27, 2022, is suspended for THREE (3) racing days (March 11, 12 and 13, 2022) for violation of California Horse Racing Board Rule 1688(b)(4)(d) (Use of Riding crop – Excessive use – third offense within the past sixty days).

Track: Santa Anita
Date: 03/05/2022
Licensee: Mark Glatt, trainer
Penalty: $500 and assessed ½ point
Violation: Medication violation
Explainer: Trainer Mark Glatt, who started the horse Beer Can Man, that finished second in the sixth race at Santa Anita Park on January 1, 2022, is fined $500.00 and assessed one half (1/2) point in accordance with California Horse Racing Board rule #1843.4 (Multiple Medication Violations – Expires 01/1/23) pursuant to rule #1887 (Trainer or Owner to Insure Condition of Horse) for violation of rule #1843(a)(b)(d) (Medication, Drugs and Other Substances), and rule #1843.1(a) (Prohibited Drug Substance – Dexamethasone [Class 4/C]).

Track: Santa Anita
Date: 03/06/2022
Licensee: Edwin Maldonado, jockey
Penalty: Three-day suspension
Violation: Using whip in overhand position
Explainer: Jockey Edwin Maldonado, who rode See Through It in the first race at Santa Anita Park on March 5, 2022, is suspended for THREE (3) racing days, (March 13, 18 and 19, 2022) for violation of California Horse Racing Board rule #1688(d)(3) (Use of Riding Crop – in the overhanded position  – first offense in the last sixty days). Pursuant to California Horse Racing Board rule #1766 (Designated Races), the term of suspension shall not prohibit participation in designated races.

Track: Santa Anita
Date: 03/06/2022
Licensee: Victor Espinoza, jockey
Penalty: $1,500 fine
Violation: Excessive use of the whip
Explainer: Jockey Victor Espinoza is fined $1500.00 for violation of California Horse Racing Board rule #1688(b)(8)(d) (Use of Riding Crop – more than six times – second offense in the last sixty days) during the eleventh race (Santa Anita Handicap) at Santa Anita Park on March 5, 2022.

Track: Santa Anita
Date: 03/06/2022
Licensee: Ricardo Ramirez, jockey
Penalty: Three-day suspension
Violation: Careless riding
Explainer: Apprentice Jockey Ricardo Ramirez, who rode Mylittlerunaway in the third race at Santa Anita Park on March 5, 2022, is suspended for three (3) racing days (March 13, 18 and 19, 2022) for failure to make the proper effort to maintain a straight course in the stretch, causing interference which resulted in the disqualification of his mount from third to seventh place. This constitutes a violation of California Horse Racing Board rule #1699 (Riding Rules–Careless Riding). Pursuant to California Horse Racing Board rule #1766 (Designated Races), the term of suspension shall not prohibit participation in designated races.

Track: Santa Anita
Date: 03/06/2022
Licensee: Brice Blanc, jockey
Penalty: $500 fine
Violation: Excessive use of the whip
Explainer: Jockey Brice Blanc is fined $500.00 for violation of California Horse Racing Board rule #1688(b)(8) (Use of Riding Crop – more than six times) during the seventh race at Santa Anita Park on March 5, 2022.

Track: Santa Anita
Date: 03/06/2022
Licensee: Jamie Spencer, jockey
Penalty: Five-day suspension
Violation: Excessive use of the whip
Explainer: Jockey Jamie Spencer, who rode Space Traveller in the 10th race (Frank E. Kilroe Mile) at Santa Anita Park on March 5, 2022, is suspended for FIVE (5) racing days (March 13, 18, 19, 20 and 25, 2022) for violation of California Horse Racing Board Rule 1688(b)(4)(d)(2) (Use of Riding crop – excessive use). Pursuant to California Horse Racing Board Rule #1766 (Designated Races), the term of suspension shall not prohibit participation in designated races.

Track: Santa Anita
Date: 03/06/2022
Licensee: Ricardo Gonzalez, jockey
Penalty: $1,500 fine
Violation: Excessive use of the whip
Explainer: Jockey Ricardo Gonzalez is fined $1500.00 for violation of California Horse Racing Board rule #1688(b)(8)(d) (Use of Riding Crop – more than six times) during the fifth race (Buena Vista Stakes) at Santa Anita Park on March 5, 2022.

Track: Santa Anita
Date: 03/07/2022
Licensee: Paula Capestro, trainer
Penalty: $400 fine
Violation: Late registration of Lasix
Explainer: Trainer Paula Capestro is fined $400.00 for violation of California Horse Racing Board rule #1845 (Authorized Bleeder Medication – late registration) of Prince Maior in the third race on March 6, 2022, at Santa Anita Park.

Track: Santa Anita
Date: 03/07/2022
Licensee: Ryan Curatolo, jockey
Penalty: $750 fine
Violation: Excessive use of the whip
Explainer: Jockey Ryan Curatolo is fined $750.00 for violation of California Horse Racing Board rule #1688(b)(8)(d) (Use of Riding Crop – more than six times – second offense within the past sixty days) during the first race at Santa Anita Park on March 6, 2022.

KENTUCKY

Track: Turfway Park (for a violation at Churchill Downs)
Date: 02/26/2022
Licensee: James Baker, trainer
Penalty: Thirty-day suspension (15 days stayed) and $500 fine
Violation: Medication violation
Explainer: Upon receipt of notification from Industrial Laboratories, the official testing laboratory fol. the Kentucky Horse Racing Commission and confirmed at Texas A & M Veterinary Medical Diagnostic Laboratory, sample number E490742 taken from Fed Money, who finished flrst in the tenth race at Churchill Downs on November 4, 2021 contained Metformin in blood (class 8). After a formal hearing before the Board of Stewards James E. Baker is hereby suspended THIRTY (30) days and fined $500. Due to mitigating circumstances (number of violations in relation to overall record), 15 days are to be served from March 1, 2022 through March 15, 2022 (inclusive). The remaining 15 days are stayed on the condition that no Class A or Class 8 medication violation occurs in any racing jurisdiction within 365 days from the date of this ruling. Fed Money is disqualified and all purse money forfeited. Pari-mutuel wagering is not affected by this ruling. During his suspension Mr. Baker is denied the privileges of all facilities under the jurisdiction of the Kentucky Horse Racing Commission. Entry of all horses owned or trained by Mr. Baker is denied pending transfer to persons acceptable to the stewards. Upon receipt of this ruling. it is required within thirty (30) days to pay any and all fines imposed to the Kentucky Horse Racing Commission.

NEW YORK

Track: Aqueduct
Date: 03/06/2022
Licensee: Suzanne Zelman, trainer
Penalty: $500
Violation: Failure of business conduct, necessitating scratch
Explainer: Fined the sum of five hundred $500 for failing to tend to business in a proper manner necessitating a scratch in the 6th race at Aqueduct Racetrack Mar. 5th 2022.

 

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