In CHRB Reversal, Los Al Gets Year-Long QH License

The California Horse Racing Board (CHRB) voted 4-3 Jan. 21 to grant Los Alamitos Race Course a full-year Quarter Horse racing license for 2021, superseding a 5-1 vote from last month that awarded only a six-month license out of concerns that management wasn't doing enough to mitigate the 29 equine deaths that occurred at the track in 2020.

In the immediate aftermath of that controversial interim licensure in December, Los Al owner Ed Allred had threatened to close his track and develop the property for a purpose other than racing, which would also affect the afternoon Thoroughbred meets that Los Al hosts in June/July, September and December. Allred had cited concerns that Los Al could not compete with other national Quarter Horse venues under only a six-month license, because owners, trainers and the track's racing office all need to make plans for an entire year of racing.

Striking a much more conciliatory and cooperative tone than at the last meeting, Allred and other Los Al executives, in asking for a reconsideration, testified on Thursday that they now have a more comprehensive equine safety plan in place, including the recent hiring of three retired CHRB investigators to oversee improvements related to horse health.

Yet even as Los Al officials spoke of those beefed-up efforts to improve equine safety, the CHRB pressed track officials about two Thoroughbred training-related deaths that occurred at Los Al Jan. 17. One horse suffered a catastrophic leg fracture during a workout, and a filly that had just completed a workout and was about to be endoscoped in her stall by a veterinarian died suddenly. Both incidents are under CHRB investigation.

It's worth noting that back at the December meeting, an initial motion to grant a standard one-year license to Los Al failed after the board–which was short by one member because commissioner Alex Solis was not in attendance–deadlocked 3-3. A second motion to grant the one-year license conditional upon a mid-year safety review also came up tied 3-3. Faced with not granting any form of licensure to Los Al, the CHRB eventually settled 5-1 on the half-year license, with chairman Gregory Ferraro, DVM, the lone dissenter.

On Thursday, the CHRB took nearly three hours of testimony and public commentary on reconsidering the one-year license for Los Al. Prior to the vote, Ferraro reiterated his point from last month that granting only a half-year license made no sense considering the CHRB has the power to halt any California track's racing at any time over safety issues.

“What does a six-month license achieve, except animosity within the industry?” Ferraro asked rhetorically. “I don't see the need to limit the length of the license. Given the economic hardships resulting from the pandemic, why should the CHRB put at risk the financial viability of Los Alamitos and the Quarter Horse racing industry?”

Vice chair Oscar Gonzales, who had pushed hard for the six-month license last month, lauded Los Al Thursday for its renewed commitments to horse safety. But he said he still wasn't going to change his mind about wanting the track to be more closely watched because of its high number of equine fatalities.

“When I see an industry or a racetrack react in the way [Los Al] did by [giving] pushback on a one-year versus a six-month license, it makes me wonder what happens when the newly established federal regulatory powers take full effect,” Gonzalez said, alluding to the recently enacted Horseracing Integrity and Safety Act.

Gonzalez then told his fellow commissioners who support granting a one-year license that they should be aware that “this phase of engaging with Los Alamitos is a new one. And I don't want anyone to think for a minute that the powers that have been vested by the state of California in the CHRB, that [those standards] are going to be compromised in any way. In fact, [closer scrutiny] is just a start if we don't see immediate and quick improvements when it comes to horse safety and the welfare of workers at Los Alamitos.”

Commissioner Wendy Mitchell said she sided with Gonzalez in this sense.

“There are some serious credibility issues, from my perspective, with the [Los Al closure] threats that were made at the last meeting,” Mitchell said. “This is our job and our responsibility…. If we do something you don't like and then you threaten to shut down, that's not the way to work with a regulatory body. And that's not an appropriate response.”

With the full seven-member board voting on Thursday, there was no chance for another round of deadlocks.

Voting in favor of granting a full-year 2021 license to Los Al were commissioners Ferraro, Solis, Dennis Alfieri and commissioner Damascus Castellanos.

Voting against were commissioners Gonzalez, Mitchell, and Brenda Washington Davis.

In other CHRB business, the agenda for Thursday's meeting included an option for the board to convene a closed session to hear two separate requests to overturn and appeal a Dec. 9 stewards decision not to disqualify Justify and Hoppertunity based on their 2018 scopolamine positives. With the open portion of Thursday's CHRB meeting extending to nearly five hours, it was not immediately clear before deadline for this story if those matters were taken up in the executive session or what action might have resulted.

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Prominent Owner, Successful Businessman Jon Kelly Dies

Jon S. Kelly, a successful California businessman who maintained Thoroughbred racing operations all over the world, passed away Saturday morning at his home in Tres Palomas in Rancho Santa Fe. He celebrated his 84th birthday July 24 and passed away following a lengthy battle with cancer. Kelly had been in hospice care and several family members, including his wife, Sarah, were at his side at the time of his death.

Born in Berkeley and schooled in the east and at the University of California–Berkeley, Kelly entered the broadcasting business, founding Kelly Broadcasting Company and later founded and ran Summit Broadcasting Radio Company. He owned television stations in Seattle and Sacramento. He was also a successful banker, having founded River City Bank in the state capitol and was also a successful real estate executive.

A horse owner since the 1960s, Kelly has raced horses in England, Ireland and Australia in addition to the U.S. He most notably raced MGISW Borrego (El Prado {Ire}) with trainer Beau Greely and also had horses with Bob Baffert, Richard Mandella and Christophe Clement. Gingham (Quality Road), a horse raced by Sarah Kelly and Jane Wiltz, won the Angels Flight S. just last month at Santa Anita for Baffert. Kelly and his wife also campaigned Red Vine (Candy Ride {Arg}), a stakes winner and runner-up in the GI Breeders’ Cup Dirt Mile and GI Cigar Mile H., with Clement.

Kelly also maintained racing stables in Australia with Gai Waterhouse and in Ireland with Jessie Harrington. Sarah Kelly’s Cayenne Pepper (Ire) (Australia {GB}) was runner-up in the G1 Irish Oaks July 18. Kelly, in conjunction with Reg Inglis and Paul Frampton, signed for an A$2-million son of I Am Invincible (Aus) top the 2018 Magic Millions Gold Coast Yearling Sale in Queensland, Australia.

“He was quite a guy,” said Dr. Greg Ferraro, chairman of the California Horse Racing Board and a longtime Kelly friend. “He could make anyone laugh. He always lifted your spirits.”

Ferraro told of business associates Kelly had worked with 30 and 40 years ago writing him letters recently sending thanks for his council and guidance and how it had shaped their careers and lives. He spoke personally of Kelly sending him to a Louisville hospital for a life-saving operation, then make a huge donation to the hospital in Ferraro’s name.

“He didn’t make it in his name, which he should have,” said Ferraro, “but that was John. He did so many good things for so many people and he never bragged or looked for credit. He just was a good person who did good things. He was special.”

Kelly is survived by his wife and six children, as well as many grandchildren.

Those wishing to make a donation in his name are encouraged to do so at two of his favorite projects–the Center for Equine Health at the UC Davis School for Veterinary Medicine or the Gregson Foundation, which services backstretch workers and their families.

At his request, there will be no services.

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Los Alamitos Allowed to Continue Racing

In a teleconference Monday morning to discuss whether or not to suspend Los Alamitos’ racing license, the California Horse Racing Board (CHRB) voted in favor of the racing association, deciding that enhanced safety plans the track unveiled over the prior week satisfied board concerns after a rash of equine fatalities at the Southern California facility.

“Are you committed to this plan over the long-term? Are you committed to trying to make a cultural change at Los Alamitos?” asked CHRB chairman Greg Ferraro, of Dr. Ed Allred, who owns and operates Los Alamitos.

“Obviously we are,” Allred, who later in the meeting admitted to experiencing humiliation at recent events, responded. “We still feel we have a track that’s equal to, or superior, to any in California as far as racing surface is concerned. I think there are other areas where we discern some improvement. We’re going to work on those things.”

At the initial meeting July 10, CHRB executive director Scott Chaney explained his decision to file a petition to hold the emergency meeting, arguing that there has been an increase in equine fatalities during the first six months of this year when compared to the same period the year prior, along with a spike in recent weeks.

On a 5-1 vote, the board gave Los Alamitos the green light to continue live racing during a 10-day probational period. According to the CHRB, there have been 11 fatalities at the track since the start of June, including two during the track’s probation period.

Last Tuesday, Los Alamitos released a seven-page draft “Equine & Rider Safety Enhancement Plan” outlining a suite of new safety protocols, including an additional veterinarian to scrutinize horses entering and exiting the track during morning training. This draft plan was subsequently modified at least twice, said officials at the meeting.

Part of the enhanced safety plan involves a panel–comparable to the one already instituted for Thoroughbred races in California–to review race entries. This panel was operational over the most recent weekend of racing at Los Alamitos.

According to Chaney, the panel scratched five horses on its first day.

The plan also includes a new rule restricting intra-articular cortisone fetlock injections to within 30 days prior to a race–restrictions already largely in place in Thoroughbred racing in California.

“Three of the last four racing fatalities at Los Alamitos would not have been eligible under those conditions,” said CHRB equine medical director Rick Arthur. “In addition, we’ve added a new restriction for multiple intra-articular injections into the same joint.”

Arthur repeated his belief that the track surface at Los Alamitos isn’t a factor in the recent rash of equine fatalities. Rather, he sees it as primarily an issue surrounding veterinary practices and horse management, and a hitherto lack of scrutiny of backstretch activities at the track.

“One of the issues at Los Alamitos has been, we have very little stable surveillance, whether it’s CHRB or anyone else,” said Arthur.

As such, he touted a new plan at Los Alamitos to employ an individual to monitor activity around the stable area, and an increased CHRB safety steward presence at the backstretch beyond race days.

“In that sense, it’s a win-win,” said Arthur. “Having the [surveillance] cameras at Santa Anita is a fairly unique circumstance in racing in the U.S.–obviously we’d like to have that at all tracks, just not practical right now.”

Veterinarian Becky Fitzgerald, who conducts all pre-race examinations at Los Alamitos, said that the enhanced safety practices instituted at Los Alamitos have already paid dividends.

“I have already seen improvements based on the new system we’re implementing, more so than I expected to see,” said Fitzgerald, expressing surprise at the effectiveness of the entry review panel.

“I’ve implemented, [what] I don’t think is even in the proposal, I’ve been doing post-race exams the following day of horses that we feel might need extra scrutiny,” Fitzgerald added. “And we’ve already identified a couple of extra horses there.”

This case is first time the CHRB has exercised its authority afforded through a state bill passed last year allowing it to provide just 24-hours public notice for a meeting to discuss the possible suspension of a racing license. Prior to that, the CHRB had to provide 10 days’ public notice.

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