Lazarus Outlines HISA Approach To Churchill Deaths

Lisa Lazarus, the CEO of the Horseracing Integrity and Safety Authority (HISA), has written an open letter to industry participants, addressing the measures HISA plans to implement in the wake of a spate of fatalities during the first week of the Churchill Downs meet leading up to and including Kentucky Derby day. The statement, in its entirety, reads:

Fellow racing participants,

I wanted to take a minute of your time to share an update on HISA's role related to the events of last week along with a perspective on what's to come.

Our first priority is to support efforts to better understand, to the degree possible, the root causes of the deaths last week at Churchill Downs.

Here's what you can expect from the team at HISA and our counterparts at the Kentucky Horse Racing Commission (KHRC) in the coming weeks:

The KHRC is leading an Equine Catastrophic Injury Review to investigate the circumstances of and potential contributing factors to each of the fatalities that occurred. The investigations are already under way, and involve, at a minimum, interviews with the horses' connections and security personnel and review of the horses' racing, training, veterinary and pre-race exam inspection records as well as video surveillance. This is in addition to the mandatory necropsies that will be performed to further inform our collective understanding of the circumstances as outlined by HISA's Racetrack Safety Program. All findings will be submitted to HISA upon the completion of the review.

HISA will conduct its own, independent investigation of each fatality to inform whether additional steps need to be taken. HISA's investigation will include the following:

  • A review of the records pertaining to each horse which died, including the necropsy report, Vets' List history, past performances, exercise history, treatment records, pre-race inspection, and video records;
  • A review of Churchill Downs equine fatality rates from the recent period, the same period the year prior, and the most recently concluded year; as well as training fatality data;
  • A review of racetrack maintenance records, surface measurements, and testing data;
  • Interviews with the Regulatory Vet, Attending Vet, track management officials, and other relevant third parties.

HISA's findings, including the determination of whether any rule violations occurred to refer for potential enforcement proceedings, will be made public following the investigation's conclusion.

The findings associated with these investigations will also be recorded and aggregated along with other industry-wide data for in-depth analysis to eventually establish a baseline for determining with greater clarity factors that may contribute to risk of injury.

While these changes take time and do little to address the immediate and pressing concerns we share as an industry, we have operational safety rules in place that by most accounts are making a difference. And soon, we'll take another critical step toward an improved, more modern sport when the Anti-Doping and Medication Control (ADMC) Program resumes on May 22 under the Horseracing Integrity and Welfare Unit (HIWU).

For the first time in the storied history of Thoroughbred racing, there will be one set of uniform, consistent rules across all racing jurisdictions. Under the ADMC Program there will also be greater efficiency for all participants and real consequences for those who seek to break the rules for their own benefit and to the detriment of the horses under their care. The rules also create a rational, fair system for adjudicating penalties and taking into account environmental and other accidental contamination.

There is no doubt that the combination of the Racetrack Safety Program and the ADMC Program will make our sport safer for the horses entrusted to our care.

As we move forward from this collective low, I hope it is together, united with a renewed commitment to what matters most: the safety of our horses and our riders. We owe it to them to get this right. And we owe it to them to do it now.

Yours in racing,
Lisa Lazarus
HISA CEO

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MJC Issues New Statement on Laurel, Racing will Resume

The Maryland Jockey Club (MJC), which cancelled racing this weekend after two fatalities at Laurel Park Thursday, issued a new statement late Saturday regarding the status of the Laurel surface.

The statement appears in full below:

The Maryland Jockey Club has cancelled its Thursday, Apr. 27 racing program at Laurel Park due to insufficient entries. The racing office will be open and taking entries Sunday for the Friday, Apr. 28 program.

We acknowledge the recent statements in the press regarding the safety of our racing surface. However, we want to emphasize that 1/ST Racing and the Maryland Jockey Club prioritize safety above all else, and continually engage in proactive analysis of our racing and training surfaces. To this end, we have engaged the services of Dennis Moore, a renowned industry expert, who has been conducting routine testing of the Laurel Park racing surface for the past three days. Dennis, along with independent engineering experts, have performed a comprehensive battery of tests during this time, to ensure the safety of our racing surface.

Particle size distribution via the following methods:

  • Laser diffraction
  • Sieve and hydrometer
  • Orono Biomechanical Surface Test (ASTM Standard F3400)
  • Peak Vertical Load
  • Peak Fore-Aft Load
  • Peak Vertical Deacceleration
  • Ground Penetrating Radar
  • Percentage surface crossfall
  • Bulk Density
  • X-ray diffraction
  • Base inspection

The results of these tests were all within industry norms. Based on these tests and their professional knowledge, our track experts have advised that there are no issues with the track and that it is safe to race and train.

In addition, Dr. Jennifer Durenberger, Director of Equine Safety and Welfare with HISA, has at our request reviewed Laurel's fatality data and stated, “I've reviewed the data provided to me this morning by the Maryland Racing Commission and find a racing fatality rate at Laurel of approximately 1.3/1,000 starts since January 1st. By comparison, the Equine Injury Database shows a rate of approximately 1.98/1,000 at this same point (through Apr. 21) last year.” As stated the current fatality rate has decreased from last year at the same point.

Even though the track surface is within industry standards certain Horseman have determined not to submit entries for this Thursday's racing card. Hopefully after reviewing the facts live racing will proceed.

We hope that all stakeholders will be able to come to a consensus and adopt the enhanced veterinary and safety protocols that have been implemented with great success in California. MJC has made repeated requests of the horsemen and are still waiting for their approval to be able to move forward with their implementation.

While we all know that catastrophic injuries will not be eliminated completely it is clear from the above that our track is not the issue, and we urge the Commission and the MTHA to take advantage of the proven enhancements to improve horse safety.

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Safety Featured at AZ Commission Meeting

At a special Arizona Racing Commission Meeting Wednesday, Turf Paradise's equine safety record was once again a serious bone of contention, with commissioner Rory Goree calling the track's equine fatality numbers “deplorable.”

In her routine track safety report, Sue Gale, the Arizona Department of Gaming's chief veterinarian, explained that 22 horses have died at Turf Paradise since the start of the meet, on Nov. 5 of last year–nine racing-related fatalities, five during training, and eight due to illness.

The racing-related catastrophic injury rate works out to 2.8 fatalities per 1000 starts thus far this season at Turf Paradise. According to The Jockey Club, the national fatality rate for 2020 was 1.41 per 1000 starts.

Last year in Arizona–including both Turf Paradise and Arizona Downs–the fatality rate was 1.94 per 1000 starts, said Gale.

“Unfortunately, this month of January, we did have a week where there were four horse breakdowns within one week,” said Gale, who didn't provide any context on the possible reasons underpinning the fatalities other than to explain that such events are often multifactorial.

“We're waiting on the postmortems that we do on all racing fatalities and we will be having a racing safety committee meeting later this month to go over those reports and see if we can see any common factor that we can focus some attention on,” said Gale, who added that the safety meeting would likely occur after the next Arizona Racing Commission meeting Feb. 15.

Of the commissioners, Goree was by far the most critical of the situation. “We're still killing horses at a terrible rate out there, and I'm sick of it,” he said.

What's more, since the start of the latest Turf Paradise meet, there have been three equine ambulance failures, said Goree.

“One of them, a horse was picked up improperly. Another time, the second, the equine ambulance became inoperable and was unable to assist a horse on the track,” said Goree.

“The third time, an incident in the paddock in what was described as, quote, to me, 'a shit-show with the equine ambulance unable to get into the paddock until the 10th try and an incompetent track vet,'” said Goree.

“We keep killing horses like this, we're going to be out of business,” Goree said. “And I have to ask myself: How did we get to this point?”

One reason, said Goree, is insufficient funding to institute prior recommendations to tackle the state's rocky safety record, which goes back years.

Indeed, the high equine fatality rate during Turf Paradise's 2017-2018 season prompted the issuance of this commission report.

“What happened in 2017, our budget got whacked,” explained Goree. “Somebody went down to the legislature and lobbied to reduce RWA.”

The Regulatory Wagering Assessment (RWA) is a wagering tax used to fund the department.

“We got whacked by a million dollars. We were not able to implement bringing in another state vet. We were not able to implement bringing in another safety steward,” said Goree.

“And he we are, still with the same problems we had in 2017,” he added. “We're still killing horses at a terrible rate out there. And I'm disgusted about it, and I'm tired of it. We need to take action.”

Another key area of concern has been the condition and maintenance of Turf Paradise's training, racing and stabling facilities.

Indeed, an Arizona Department of Gaming inspection of Turf Paradise on Oct 20 last year–a little more than two weeks before the start of the current meet–found numerous human and equine health and safety failures, including a lack of necessary track maintenance equipment, and railings that needed to be fixed or replaced.

Some of the broken turf railing support arms “have sharp protruding points that would easily impale, severely injure or kill an equine or jockey if they were to fall on it,” the report states, before concluding with a list of eight key recommendations.

According to Rudy Casillas, the Department of Gaming's deputy director and racing division director, the agency continues to work with Turf Paradise to upgrade and purchase new equipment, the latter of which has recently included new tractors and a new roller to seal the track.

“We're monitoring with the track superintendent on a daily basis the track condition and whether it needs any soil and materials put into it,” said Casillas. “We have had Turf Paradise hire a consultant to come out, look the track over every couple of weeks and make recommendations.”

Casillas added that the department has inserted a provision into state and federal grant monies being issued to permitted tracks to fund the position of an additional veterinarian.

“That money would be held out to allow the department to hire a department veterinarian in addition to Dr. Gale, so that we can have 100% pre-race exams by certified veterinarians,” said Casillas.

A shortage of official veterinarians has been an ongoing issue in Arizona. Indeed, at the October commission meeting, Gale suggested putting a call out to practicing veterinarians in the area as an opportunity for them to “pick up some work.”

Nevertheless, Gale said Wednesday that Turf Paradise has recently hired a new track veterinarian, Alyssa Butler.

“She and I meet prior to the races to discuss which horses we consider might be of concern, and also after the races when she lets me know which horses have problems,” said Gale. “I think that communication has been key, and is going to maybe greatly improve, or would hope that it greatly improves, our outlook here for the remaining half of the Turf Paradise meet going forward.”

The current Turf Paradise meet is scheduled to end May 7.

Earlier on in the meeting, the latest attempt to return simulcasting signals from The Stronach Group (TSG)-owned racetracks into Arizona crumbled when the commission denied the company's Simulcast Horse Racing Import Signal contracts for Turf Paradise and Arizona Downs.

It has been roughly two years since Monarch–the TSG arm tasked with distributing the company's signal–sent its product into Arizona.

Representatives for Turf Paradise told the commission that the track supported their contract and that the loss of Monarch's signal had cost them millions in lost revenue.

Nevertheless, Kory Langhofer, counsel for Arizona Downs, argued that their contract provided an anti-competitive fee rate when compared to Turf Paradise, that it included an unlawful provision barring Arizona Downs from operating OTB sites within 60-miles of Turf Paradise, and that it unfairly prohibits Arizona Downs from unilaterally expanding its business.

“All three of these things together, we can't make it work,” said Langhofer.

In the end the commissioners agreed, denying the contracts on a 2-1 vote.

There also remains no confirmed race dates this year for Arizona's Rillito Race Track, which ordinarily runs a meet in February and March.

Casillas explained that there have been delays in the permit application process due to the track's questionable financial viability.

“We have discovered some financial concerns,” said Casillas. “We're working with them on a daily basis.”

Casillas added that Rillito projects approximately $120,000 a day in revenues from admission, parking and food and beverage sales.

According to Casillas, the department's own calculations show that it costs Rillito approximately $1.2 million to run the race-meet.

“Without the state and federal monies being contributed to them, they would be running a little shy to run the meet,” said Casillas. “I'm hoping that come the 15th everything is on track that we can proceed with having you review their financial state and determine whether or not you want to make an approval on their permit and race days.”

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This Side Up: Faults On All Sides Require Fairness All Round

Ever get the feeling that somebody up there doesn't like us very much? Of all of the horses, in all of the world… But really it doesn't make any difference, however you interpret the tragedy of Medina Spirit (Protonico). The net result, for our community, is the same–whether you think the whole melodrama unfolded, entirely and lucklessly, at random; or was somehow determined by our own culpable behaviors. Whoever is writing these scripts, we have been cast in the same role. We are being tested. And if we don't get our lines right, we shouldn't be surprised if they turn out the lights and board up the theater.

It's a test that demands courage. That's not the same as fearlessness. Without fear, in fact, there can be no courage. And we should certainly be scared. With so many enemies out there, ever louder and better resourced, this increasingly feels like an existential crisis. That makes hysteria hard to resist, whether it takes the form of confrontation or surrender. But the kind of bravery we require now is all about staying calm, thinking clearly and, ultimately, doing the right thing.

There are no easy answers. Instinctively, however, I feel that our twin imperatives are not to yield to mob rule, on the one hand; while also, for once, not just circling our wagons.

The challenges we face reflect two endemic vices of social media: conspiracy and conflation. Conspiracy theory is rabidly resistant to rational engagement: every sheep is perceived as a slavering wolf under a bloodily stolen fleece. The habit of conflating unrelated issues is not so wild-eyed, just lazy and credulous. Both, however, nourish shrillness and anger–the principal cultural and political currency of the internet age.

Conspiracy depicts our entire industry as engaged in satanic exploitation. But conflation, whether through a lack of patience or intelligence, can't be bothered with nuance; can't be bothered with the idea that all our various travails should be judged on their individual merits. Any walk of life, says conflation with a shrug, that can present us with so many ghastly stories, one after another, is just too disgusting to be allowed to continue. Unfortunately, the Medina Spirit disaster has rendered that view more vocal than ever, and right in the middle of Main Street.

So how does conscience respond? On one level, it would seem pretty straightforward. Just as no reasonable person, away from the venomous extremes, wants society to be governed by ignorance, prejudice and rancor, so we should be able to reject those poisons directed at a community we know, in the vast majority of cases, to be utterly devoted to the horse. It must be terribly hard for those who have groomed Medina Spirit so lovingly, to have their grief over that empty bridle compounded by the vituperation of some whose professed empathy for animals will never remotely measure up to the arduous and reverent services they render daily to Thoroughbreds.

The trouble is that perceptions, shared sufficiently widely, ultimately obtain the political force of reality. If the social media wildfire ends up with millions giving our industry moral equivalence with cockfighting or bear-baiting, then there would seem limited point in persuading a rational minority that they should not bundle together, say, the allegations against Navarro and Servis with the reality that a foal can shatter a limb while cavorting innocently in a paddock. Even if we can collectively achieve the kind of self-improvement so plainly necessary, we may never retrieve the “social licence” if enough people have already taken a position that would, logically, end up with a handful of horses preserved in safari parks.

Our opinion that horses will never make good housepets feels like an informed one. But let's say that we accept, and strive to meet, far more exacting terms for the conscionable use of horses for any kind of sport. In the meantime, do we have to go out and meet halfway people we consider to be wholly wrongheaded? Do we, as a matter of sheer pragmatism, abandon other precious precepts, simply to be allowed to continue doing business?

That may sound a woolly question. But isn't that pretty much where we find ourselves with Bob Baffert? Because if we expect a fair hearing, as an industry, then surely we have to remain scrupulous in applying the same standards ourselves. However vexing Baffert's serial provocations, we can't just say: “Look, we don't care whether you have just been fantastically unlucky, or culpably inattentive, or something far worse. You have now become so tiresome that you simply have to go away.”

If jurisdiction can be established and due process is observed then, sure, Baffert should expect to pay a proportionate price for individual and indeed cumulative infractions. But you can't respond to the harrowing denouement of the Medina Spirit saga by exchanging the principles of equity for lynch-mob standards of evidence.

In such a gale of hatred, it takes a degree of courage to keep weighing probabilities fairly, keep heeding the science. But exactly the same nerve and dispassion will also be required to tackle any whose idea of fairness is for people just to back off their buddy Bob, simply because he may have favored them with his stardust, his charm, above all his professional success.

As we know, some very powerful patrons already appear to have taken the view that Baffert is responsible for enough damage to the sport for them to feel obliged to take their business elsewhere. However innocent the circumstances in which Medina Spirit has been added to the list not only of Baffert violations, but now also to that of Baffert fatalities, maybe the kind of ratios that wouldn't in themselves support a regulatory prohibition are sufficient for the market to apply a less exacting standard of evidence.

Would that be a form of mob rule? Or wouldn't it actually represent an informed judgement? Not necessarily of an individual horseman, but of the extremely perilous situation in which all horsemen find themselves. For the courage we need most urgently, now, is in acknowledging that some of the generalized charges against our entire community are actually pretty fair. Because anyone still in denial about our sport's ongoing failures must accept a share of responsibility for those. And, to that extent, it's by no means unfair even for those who “know nothing” about what we do to conflate all the various headlines that have done us so much damage over the past two or three years. Why shouldn't outsiders make such angry inferences, when they see such willing complicity among those of us who “really understand” the business?

Far more egregious offenses than have ever been suspected of Baffert remain incorrigibly indulged. We see programs in plain sight that cannot be coherently explained, other than by flagrant cheating; and we don't necessarily mean only “juicy” improvement in certain blue-collar claims on certain blue-collar circuits.

Meanwhile we see non-racing states cynically harnessed to stand up for horsemen's constitutional right to bear syringes. And of course we see hundreds of mares bred to stallions with the flimsiest credentials, while others that might recycle soundness and constitution are neglected as somehow “uncommercial.”

Doubtless some of those who profit from dubious training programs will only discover a dormant capacity for moral indignation if the stallions graduating from any given barn start to be received with due scepticism by breeders. All that glisters, remember, may not be genetic gold. But that would be doing the right thing for the wrong reason. Cowardly, in other words. And now, as we said, is the time to show some moral courage. Time to be fair to everyone–including our critics.

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