Letter To The Editor: It All Begins With Churchill Downs

Horse racing is at an existential moment. Just weeks after a series of breakdowns at Churchill Downs cast a shadow over the Kentucky Derby, a wave of horrifying horse deaths at Saratoga Race Course has once again brought questions about safety to the forefront of public consciousness.

This is a tragedy, as every horse that breaks down also breaks our hearts. However, I believe our sport has reached a tipping point, and I predict there will be a Silver Lining emerging from all these tragedies. In the past week, I have engaged with industry leaders, including the current NYRA Board of Directors as well as Dave O'Rourke, NYRA's President & CEO. They are in the process of analyzing relevant data regarding synthetic surfaces and the potential installation at our NY racetracks.

This is significant. As a reminder, the Stronach Group eliminated synthetic tracks from their California venues due to insufficient industry support. Keeneland was also compelled to remove its synthetic course because too many owners and trainers were unwilling to prepare for major races, such as The Kentucky Derby, on synthetic surfaces.

This is precisely why we need the entire industry to embrace change collectively. The New York Racing Association (NYRA), which operates Saratoga, is already a leader in horse safety. These recent tragedies are serving as a catalyst to advance additional safety initiatives, including an increased commitment to investing in transformational science and technology, including synthetic surfaces.

NYRA is currently installing a Tapeta track at Belmont Park, which will serve as the fourth racing surface. In light of the recent events at Saratoga, NYRA is contemplating an expansion of this commitment. Additionally, NYRA quickly adopted measures to enhance veterinary scrutiny, such as requiring a trainer's attending veterinarian to attest to the horse's soundness prior to entry. NYRA will also be investing in the most advanced PET and CAT scan technology to help detect pre-existing injuries before they become more serious.

Track superintendent Glen Kozak and the NYRA team excel in constructing and maintaining the current racing surfaces at all NYRA facilities. They are leaders in the field, even consulted by competing tracks around the country. However, dirt track safety remains an industry-wide concern. The surface is outdated when compared to newer engineered alternatives.

As trainer Mark Casse, who trains the majority of his stable on the synthetic course at Woodbine, points out, “What if we had kept the Model T? Instead, look at what we've done with automobiles, how we've made them so much safer. We're still using a racetrack that's been around for 125 years, and there's only so much you can do for it.”

A mounting body of evidence indicates that synthetic tracks are safer for horses. A study by the University of Kentucky found that horses were less prone to injuries on synthetic tracks compared to dirt tracks. A University of Pennsylvania study discovered that synthetic tracks were linked to a lower risk of catastrophic injuries. Most recently, data from The Jockey Club Equine Injury Database conclusively demonstrates that synthetic courses were considerably safer than dirt surfaces in every year from 2019 to 2022, over three times safer in 2022.

The future of horse racing hinges on a bold collective effort from the industry. However, achieving this requires industry-wide consensus on necessary steps to enhance safety for both the cherished animals and the brave jockeys risking life and limb. A fragmented endeavor, however well-intentioned, is likely to fail, dooming our sport to historical insignificance.

Past attempts to introduce synthetic surfaces faltered, partly due to the industry's collective reluctance to embrace change. The horse racing industry stands at a pivotal juncture and should move together in a unified way to ensure horse safety and industry survival.

I call upon the country's leading racing organizations to embrace science and technology by quickly moving to adopt synthetic surfaces.

This silver lining all begins with The Kentucky Derby and Churchill Downs Inc. Board.

Earle Mack was a member of the Board of Trustees, New York Racing Association, Chairman of the New York State Racing Commission, Member of the New York State Thoroughbred Racing Capital Investment Fund and a Member, Board of Directors, of the New York State Thoroughbred Breeding and Development Fund Corp. He was honored with the Eclipse Award of Merit in recognition for a lifetime of outstanding achievement last year.

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HISA, Jockeys’ Guild To Implement New Jockey Wellness Initiatives

The Horseracing Integrity and Safety Authority (HISA) and the Jockeys' Guild have announced that they have created a Steering Committee to recommend and develop programming in support of the mental health and wellness of jockeys. The announcement comes on the heels of a symposium held last week in Saratoga.

The Steering Committee will be co-chaired by Ambassador Earle Mack, a businessman, philanthropist, former U.S. Ambassador to Finland and Thoroughbred owner and breeder, and Dr. Yuval Neria, a professor of Clinical Medical Psychology at Columbia University Medical Center and Director of Trauma and PTSD at the New York State Psychiatric Institute. Data recently collected by a HISA and Jockeys' Guild-commissioned survey, as well as other independent research, will be used to develop specific guidelines to better support and protect rider mental wellness.

“We salute HISA and the Jockeys' Guild for initiating this very important dialogue regarding the mental health and welfare of our beloved jockeys,” said Mack. “Despite my decades of experience in the industry, I was not fully aware of the mental health challenges our professional riders experience until today. Raising awareness is critical, but taking concrete steps to seek out and implement effective solutions for our riders' mental health concerns is imperative–not tomorrow, but today. Jockeys give their all to our horses every time they step on to the track. Let's afford them the care they deserve in return.”

“Jockeys in the exhilarating and sometimes dangerous sport of horseracing are repeatedly exposed to stress and trauma,” said Dr. Neria. “Physical injuries and concussions, coupled with hunger and lack of nutrients associated with weight management, place the rider at high risk for severe mental health problems, including depression, PTSD and addictions.”

Dr. Neria suggested that the industry work towards establishing a national evaluation and treatment center that can comprehensively address these very real and concerning issues.

Last week's symposium was hosted by retired jockey and noted TV personality Donna Brothers who led a panel discussion that included Eurico Rosa da Silva, jockey Trevor McCarthy and FOX Sports'/NYRA's Richard Migliore in addition to Dr. Neria. Attendees also heard from HISA CEO Lisa Lazarua and Jockeys' Guild President and CEO Terry Meyocks.

“The Jockeys' Guild appreciates all of the input and interest by industry participants to address jockeys' mental health and wellness,” said Meyocks. “The Guild has long advocated for the industry to recognize the stress and everyday challenges jockeys face. The Guild looks forward to partnering with HISA in the formation of the Steering Committee to develop recommendations and programs which will demonstrate that we as an industry are able to support not only the jockeys but their family members as well and eventually all others in our industry.”

Added Lazarus: “As Thoroughbred racing's national safety regulator, HISA is deeply committed to safeguarding the mental and physical wellbeing of jockeys and riders across the country. We owe it to these athletes, who dedicate so much of their time and talent to racing, to do everything we can to support them– including by mitigating mental stress factors as well as the risk of injury and chronic health issues.”

HISA will work with HEADCHECK Health, a digital concussion protocol management platform, to allow racetrack personnel to use data-driven insights to improve the care they provide riders with a suspected concussion. Through the HEADCHECK platform, riders will gain access to a new, secure system to store their medical records, which will be easily available to physicians in an emergency.

HISA also announced a partnership with NovaCare Rehabilitation, a nationwide physical therapy network with nearly 2,000 outpatient physical therapy centers and more than 7,000 licensed therapists. NovaCare will provide jockeys with routine physicals and baseline concussion examinations at a discounted price nationwide.

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Letter To The Editor: The Numbers Speak Loudly

After reading the various commentaries over recent days by Ambassador Mack and Bill Finley and the Letters to the TDN Editor on the synthetics debate, I heard Bill say during this week's TDN Writer's Room that we could reduce fatalities by the hundreds with a surface shift. A close analysis shows the numbers are much greater than that.

First a step back. The industry needs a revamp in the way we present this discussion to the public at large and those opponents who would have our “social license” go the way of the circus or greyhound racing. The public sees round, large numbers, not a statistic of “fatal injuries per 1,000 starts” as provided by the Equine Injury Database. That is statistical measure that we use in our own echo chamber, but one that has very little meaning to those outside of the industry. The public (and non- industry press) see 21 deaths at Aqueduct in the winter of 2012, 42 deaths at Santa Anita in 2019 and 12 deaths at Churchill Downs in the past month. Headlines repeatedly scream these numbers back at us.

A look at the Injury Database shows 6,036 fatalities on dirt over the past 14 years, a very loud number for opponents to latch on to. While granted that most starts in the database were on dirt, if we were to apply the fatality rate on synthetics over the same period (1.11/1000), those 6,036 fatalities would fall to 3,599 or 2,437 fewer. Considering the improvements in synthetic surfaces over the past 10 years, the rate per thousand for synthetics over the past decade is .87/1,000. Applying this rate to the dirt fatalities brings the number down to 2,820, a reduction of 3,216.

Not hundreds, but thousands of horses might be saved. While obviously not a popular stance with everyone, these numbers speak loudly in support of Ambassador Mack's position and might enable us to reframe the numbers and, most importantly, the public's perception.

Rodman J. Law is an attorney with the firm Greenberg Traurig, and is co-founder of the firm's Equine Industry Group.

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The Week In Review: Earle Mack Has The Answer, And We Must Listen To Him

Earle Mack is right. This industry, which is mired in a crisis, can no longer afford to ignore the most obvious solution to its problems, which are synthetic tracks.

Mack wrote just that in an Op/Ed that appeared in this publication last week. If you haven't read it yet, please do so now. It is powerful, articulate and well-reasoned and was written by someone whose credentials demand that we respect his opinion. He is a horse owner, a breeder, a former U.S. Ambassador to Finland and a smart and successful businessman who clearly loves this sport and does not want it to be pushed to the edge of extinction. It may be the most important story you will read all year.

“The responsibility lies with horse racing's governing bodies, influential race track directors, and all key stakeholders to rally behind a transition to synthetic tracks,” he wrote. “Their public endorsement and commitment to safer racing conditions would signal the beginning of the transformative change our industry desperately needs.”

The 12 deaths at Churchill Downs have created a dangerous firestorm unlike anything racing has ever encountered. We only thought the problems at Santa Anita in 2019 were bad. That was an ugly story but it was largely a California story that didn't resonate with the national media. This time, we are talking about the most famous track in the country, the GI Kentucky Derby and two deaths on the Derby undercard.

This is a story that has been widely covered by every major media outlet in the country and has led to a public debate: is our sport inhumane?

How do we answer that? The public no longer wants to hear about how loved these horses are by their owners, trainers, and grooms or that they are pampered and get the very best care possible and that they were born to run. What they want is for the deaths to greatly decrease if not stop all together.

To their credit, Churchill Downs, the Horseracing Integrity and Safety Authority (HISA) and the Kentucky Horse Racing Commission have stepped up and announced that changes are being made. Theirs is a genuine and concerted effort to do the right thing and to get to the bottom of what has been going on at Churchill. Moving the remainder of the Churchill meet to Ellis Park was a drastic step. Considering the widespread opinion that there is nothing wrong with the Churchill track surface, you can argue that it was overkill, but shutting Churchill down was a victory in the public relations battle, and that matters. The days when the sport shrugged this off and we were told “it's part of the game” are, thankfully, over.

But it's not enough. This sport must do absolutely everything it can to alleviate the problem. And it's not. And it won't until synthetic tracks replace dirt tracks throughout the sport.

Yes, deaths happen on synthetic surfaces, too. But they are much safer than dirt tracks. According to the Jockey Club's Equine Injury Database, there were 1.44 deaths per 1,000 starters in dirt races in the U.S. in 2022. On synthetic tracks, the number was 0.41. That means a horse is 3 1/2 times more likely to die in a dirt race that in a synthetic surface race. Dirt tracks are the most dangerous tracks we have and yet they remain the sport's core product.

Noting those figures, Mack wrote, “…the stark and troubling statistics demand a shift in thinking. We must abandon old norms and embrace new practices that prioritize the safety and welfare of our noble equine athletes. The benefits of synthetic tracks are not mere conjecture; they are a proven truth.”

Yet synthetic surface races remain a minor part of racing and Keeneland, Santa Anita and Del Mar gave up on them too quickly, going back to dirt after a short period of time when they were in place at all three tracks.

Mack calls on Churchill Downs to lead the way. Not only does this story center around deaths at that track but the company owns the sport's most important asset, the Kentucky Derby. Mack reasons that if Churchill takes the lead and converts to a synthetic surface, that will create the much-needed domino effect. How about we go a few steps further? The three Triple Crown tracks should make a joint announcement that going forward the Derby, the GI Preakness S. and the GI Belmont S. will be contested on synthetic tracks starting next year. The Breeders' Cup should announce that starting with the 2025 Breeders' Cup only racetracks that have synthetic tracks will be considered as host sites.

It is understood that this would cause a huge change in the economics of the breeding industry, which is a powerful and influential component. There are stallions out there that are worth tens of millions of dollars and that is because they produce top quality dirt horses–ones capable of winning races like the Derby and the GI Breeders' Cup Classic. Should that strength be taken away by ending dirt racing, their value could be greatly compromised. That will never be an easy thing for the top stud farms to accept. But they can adjust. It will take time, but a new set of stallions capable of producing horses that win at the highest levels on synthetic tracks and, for that matter, turf courses, will take over.

And the farms, like every other section of the sport, need to look at what the alternative is.

“If we fail to take decisive action, the Triple Crown and horse racing itself may soon be mourned as relics of the past.,” Mack wrote.  “Animal rights groups, emboldened by each equine death, are gaining traction in their campaign against horse racing. The calls to ban or severely restrict the sport grow louder with each life lost. We cannot afford to lose this race for the soul and survival of our sport.”

Is the sport sure to continue? For maybe the first time in its proud history, we really don't know the answer. Where will racing be in, say, 25 years?  Will it have gone the way of dog racing? It won't if we do the right things now, before it is too late. The sport must become safer and that must happen now. The best way to do that is to end dirt racing.

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