The Friday Show: Adding An Asterisk To An Arkansas Derby Winner

It's been almost a year since Bob Baffert-trained Gamine and Charlatan won races at Oaklawn – Gamine in an allowance race and Charlatan in a division of the Grade 1, $1-million Arkansas Derby – and then subsequently were disqualified when post-race drug tests detected the prohibited drug lidocaine.

Those disqualifications were appealed, as was a 15-day suspension given Baffert by the Oaklawn board of stewards. Earlier this week after a two-day hearing, the Arkansas Racing Commission voted unanimously to restore the horses' wins, eliminate Baffert's suspension and instead fine him $5,000 for each positive.

Paulick Report editor-in-chief Natalie Voss, who viewed the 15-hour proceedings online and reported on the commissioners' vote, joins Ray Paulick in this week's Friday Show to discuss the case and the challenges made by the Hall of Fame trainer and his attorneys to the drug testing process and stewards' rulings.

Bloodstock editor Joe Nevills then joins Ray to highlight our Star of the Week as well as make his Toast to Vino Rosso and one of the first-crop foals sired by the Breeders' Cup Classic-winning son of Curlin.

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TIF: How Will Racing Pay for HISA? Grow the Business!

by Thoroughbred Idea Foundation

The creation of the Horseracing Integrity and Safety Authority (HISA) is the most significant development in American racing at the federal level since the passage of the Interstate Horseracing Act in 1978.

Questions now being rightly considered include how much HISA will cost and where will its funding originate from. Below, we offer some perspective on the costs. But as the greater industry determines where the funding will come from over time, racing should proactively adopt policies which seek to grow the wagering business.

The industry already has a plethora of obligations–aftercare, backstretch programs, integrity matters, jockey health and equine research, not to mention purses, the main driver for investment from owners. HISA adds to these. The best way for horse racing to afford all of its obligations is to grow the business.

Racing’s wagering business needs to evolve–appropriate pricing of bets, improving access and reducing costs to accurate data, complementing pari-mutuel betting with fixed odds options, modernizing existing bet processing and infrastructure, all while increasing transparency to the public in many areas. Increasing costs to our already fragile wagering markets, or to a declining base of horse owners, without these needed improvements is a recipe for disaster.

Any step where costs to betting are increased to help pay for HISA programs will hurt the greater racing business.

Projecting Costs

There is every reason to expect that a new level of federal bureaucracy functioning on top of individual state commissions will be expensive.

As it relates to testing, these expenses are fairly clear. For example, if the per-race spending on testing alone from the more than 5,000 races across all breeds overseen by the California Horse Racing Board were extrapolated across the entirety of U.S. Thoroughbred racing, nationwide testing alone would run approximately $20 million annually at current standards.

This is a cost already borne by individual commissions.

Factoring in improvements and upgraded requirements, it should be understood that the $20 million–just for testing–merely represents a starting point.

Administratively, what it will cost to start a federal authority from scratch is more challenging to envision. The HISA creates a layer of federal bureaucracy where one never previously existed. This isn’t necessarily good or bad, it is a reality in development with little insight on costs to this point.

HISA requires the registration of all “covered persons”–an umbrella term which, according to the language of the bill, includes “all trainers, owners, breeders, jockeys, racetracks, veterinarians, persons (legal and natural) licensed by a State racing commission and the agents, assigns, and employees of such persons and other horse support personnel who are engaged in the care, training, or racing of covered horses [basically, all active Thoroughbreds].”

Most are already licensed by existing commissions, but some are not. Will that information be shared or require completely new registrations? The exact administrative requirements are (understandably) unknown to this point, but all of this will come with costs.

The United States Anti-Doping Agency (USADA), which will assist in the development of HISA, serves as a potential reference point to understand the possible administrative expenses.

According to its annual report, USADA conducted more than 14,000 tests in 2019 across various groups which include America’s Olympic and Paralympic athletes, services to the UFC or contracted services for other events, such as the Boston and New York City Marathons. Off a base of just 30,000 Thoroughbred races, down from 36,000 run in 2019, it is reasonable to expect the number of annual tests in U.S. Thoroughbred racing would be no less than five times larger than those conducted by USADA, and very likely more.

USADA’s testing costs in 2019 ran more than $13.5 million, but non-testing expenses, which includes results management, science, research and development and drug reference, education and awareness, as well as general and administrative expenses totaled an additional $9.3 million.

It would be reasonable to estimate that HISA’s costs would be similar, if not more, given a substantially increased number of tests, across a far larger base of competitors and events (races) requiring tests.

Whatever the exact costs, it will be more than in pre-HISA times.

Grow the Business

The best chance racing has of covering HISA costs is if racing finds a way to actually grow the business, turning around two decades of decline.

Grow the business. Grow the business. Grow the business.

State commissions are, for the most part, funded through fees assessed to, or withheld from, the sport’s participants. Receiving a portion of the hold from wagering takeout is one source of funding, licensing fees and starter fees are another. Some receive funding through a share of alternative gaming revenue too.

If wagering on racing continues to decline, recalling that it has dropped roughly 50% adjusted for inflation over nearly the last two decades, the ability to pay for HISA and plenty of other programs required of the industry–aftercare initiatives, jockey health, equine research, among others–would grow increasingly difficult. Takeout hikes would be a completely counterproductive measure to pay for HISA as betting churn would decline.

The path to a brighter future, where the industry’s liabilities can be covered, is wagering growth.

More wagering on racing yields a more sustainable business for all stakeholders. But yet, many of the decisions made by racing operators over the last two decades have been in opposition to growing wagering on racing. This has to change.

Whether it is the continuation of churn-killing jackpot bets, high takeout rates, an aversion from many to exploring fixed-odds options, or continuing to operate antiquated pari-mutuel bet-processing systems without modernization–these and other actions have greatly limited racing’s growth, all as the sport’s liabilities increase and its social license to operate becomes tougher to retain.

As racing and humanity emerge from a troubling calendar year, make no mistake that 2020 was a year of tremendous growth in legal sports betting. Those states doing the best with sports betting are those which have embraced online betting and competitive markets. While the overall environment for betting has never been stronger, racing’s wagering product remains stagnant.

If racing wants to succeed, and cover its growing liabilities which now include HISA, it must undertake measures to radically improve–and grow–the wagering business.

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Arizona Gaming Department Announces Wellness Program Targeting Substance Abuse

At the December meeting of the Arizona Racing Commission, Steward Magdaleno Perez announced the start of the Healthy Humans, Healthy Horses track wellness program. This program was created to address the growing substance abuse problem at Arizona racetracks by supporting racing participants who may be suffering from the serious issues of addiction.

“I commend Magdaleno and the entire Racing team in their diligent efforts to move this project forward,” said Arizona Department of Gaming Director, Ted Vogt. “The Healthy Humans, Healthy Horses program will directly support Arizona horsemen and create a safer and healthier backside, driving us forward in meeting our mission to ethically and effectively regulate horse racing, while ensuring it is conducted in a socially responsible manner.”

In the upcoming racing meet scheduled to begin on Jan. 4 at Turf Paradise, the Arizona Department of Gaming – Racing Division will be implementing the following measures to help curb substance abuse at Arizona racetracks:

• Suspension reductions for those who seek help with substance abuse
• Random drug testing for licensees on horseback
• Partnering with subject matter experts to address the influx of substance abuse
• Adjusting fines and suspensions for repeated drug-related offenses
• Proactively connecting those seeking help with substance abuse to available resources statewide

“A big thank you to the Racing Division for their hard work to support the Arizona racing community,” said Racing Commission Chair, Rory Goreé. “It is a priority for the Commission to help ensure the health and safety of racing participants, and this project furthers that goal while providing necessary aid to those in need.”

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New York Advances Clenbuterol Restrictions

The New York clenbuterol clampdown that was foreshadowed earlier this month by New York State Gaming Commission (NYSGC) equine medical director Scott Palmer, VMD, has been codified into a series of proposed rule amendments that advanced Nov. 30 by a unanimous 5-0 commission vote.

The new clenbuterol regulations follow a model rule of the Racing Medication and Testing Consortium (RMTC) that was approved last August. After publication in the New York State Register and a public commentary period, the commission will have to vote again to formally adopt the changes.

According to a brief written by NYSGC general counsel Edmund Burns that was included in the informational packet for Monday’s meeting, “The proposed rule amendments would require the attending veterinarian to receive written approval of the Commission’s Equine Medical Director of a clenbuterol treatment plan for an identified horse prior to the start of such treatment.

“The proposal would also require horses treated with clenbuterol to be placed on the veterinarian’s list and not be removed until a workout for a regulatory veterinarian is performed and the horse is found to be negative for clenbuterol in blood and urine…

“In addition, horses on the veterinarian’s list for clenbuterol use would be required to submit to periodic tests while on such list to ensure that no more clenbuterol is administered to the horse than necessary to complete the pre-approved treatment regimen and to ensure that muscle-building and fat-reducing effects have dissipated before the horse is removed from the veterinarian’s list.”

Over the course of about two decades, clenbuterol in Thoroughbred racing has devolved from being a legit drug administered to effectively treat airway diseases to a substance of performance-enhancing abuse that is now more often intentionally given to bulk up horses, allowing them to gain a pharmaceutical edge that makes the animals stronger and faster.

Speaking during a Nov. 11 video press conference hosted by stakeholders and regulators who make up an alliance of Mid-Atlantic racing interests, Palmer described the abuse of clenbuterol in this manner as “basically an end-run around on our anabolic steroid ban.”

Beyond the NYSGC, the Maryland Racing Commission, Gulfstream Park, and Oaklawn Park are among the jurisdictions and racetracks that have recently or are in the process of tightening clenbuterol rules to some degree. On May 1, the Canadian Pari-Mutuel Agency started banning clenbuterol 28 days out from race day at tracks country-wide. Back on Jan. 1, the California Horse Racing Board enacted clenbuterol rules that are similar to New York’s proposal.

Additionally, NYSGC executive director Robert Williams told commissioners Monday that “Pennsylvania has indicated that it will soon commence regulatory change, and it is expected that Delaware, New Jersey and Virginia will also consider the rule proposal.” West Virginia, he said, needs to change its clenbuterol rules via the state legislature.

Also on Monday, the commission unanimously adopted 13 new rules during the monthly meeting, with six pertaining specifically to Thoroughbred racing. They were:

A rule to restrict the administration to Thoroughbred horses of nonsteroidal anti-inflammatory drugs (NSAIDs) “such that only one clinical dose may be administered during the week before the horse races. The proposal would limit the administration to the intravenous route, and adopt stricter thresholds for the two most commonly used NSAIDs, flunixin and phenylbutazone, as has been recommended by the RMTC and adopted as a model rule by the Association of Racing Commissioners International (ARCI). The proposal also reduces the list of NSAIDs that could be administered lawfully within one week before the horse races to only three by eliminating the NSAIDs that are not widely used and for which the appropriate lab threshold is unclear.”

A rule requiring trainers to maintain a record of serious bleeding episodes, kept for up to four years, unless given to a subsequent trainer or owner or reported to the NYSGC. The commission will establish a reporting system to collect such information, and a trainer will be permitted to delegate this duty to the treating veterinarian.

A rule to allow a horse eligible for furosemide administrations to be removed from the furosemide list for the limited purpose of running in a race whose conditions forbid the administration of furosemide.

A rule requiring Thoroughbred trainers “to keep a record of equine drug administrations not recorded in veterinary records, including the drug, dose, and date and time of administration.” This requirement will create a record of drugs that are administered after having been dispensed by veterinarians, and will make such records available for inspection for a period of six months.

A rule to revise the Thoroughbred out-of-competition (OOC) sample collection rule, “intended to conform our existing rule to [the ARCI] model rule [that] has received widespread industry support. The new rule will authorize “an effective collection program that protects the constitutional rights of horse owners and trainers when a regulatory jurisdiction seeks to collect” OOC samples.

A rule to “strengthen the health and fitness protections and upgrade the licensing requirements for jockeys, apprentice jockeys, exercise riders and outriders who ride a Thoroughbred horse,” which also mandates a baseline concussion assessment for all licensees who horseback.

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