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Irwin: USADA Essential To A Successful Horseracing Integrity And Safety Authority

It was not by happenstance that in a 2004 Op/Ed I wrote in The Blood-Horse and eight years later the Water Hay Oats Alliance in its mission statement both singled out the United States Anti-Doping Agency as the one entity that could rein in the rampant use of drugs both legal and illegal in horse racing.

Through several iterations of proposed congressional legislations in different political administrations, WHOA forged ahead, convincing The Jockey Club, Thoroughbred Owners and Breeders' Association, Breeders' Cup and other leading organizations to join its efforts. But WHOA never lost sight of its goal as stated in its original mission statement: USADA needed to be named by congress to oversee drugs in racing.

When Mitch McConnell finally saw the light and agreed to help his state's signature industry by embracing the idea of the federal legislation, he joined the effort for a final push that resulted in the idea of naming an entity, named the Authority, to deal with the Federal Trade Commission in setting up drug controls. The idea from the very get-to and through the rewritten federal law was to bring USADA on board to do their thing.

But between passing the legislation, seating board and committee members and drafting rules for drugs and safety, the Authority lost sight of its mandate and role in the process. Things that plague most political actions and serve as a stark reminder of the corruption to which many humans are capable of brought forth conflicts of interest and the weightiness of power. The Authority shockingly announced during the holidays that it had been unable to come to a meeting of the minds with Travis Tygart, the head of USADA. The newly formed group revealed that it was moving ahead to find an alternative overseer of drugs in racing.

Conflicts of interest? Abuse of power? Money up for grabs? Really? Yep. Really.

I will save you all from having to read the rest of this and get right to the point: USADA is the only group with the brand, gravitas, respect and tools to save the sport of Thoroughbred racing. Yes, there are other groups that could address testing, investigations and education, but in total none of them has what USADA brings to the table.

Jeff Novitzky, a storied federal investigator who graduated from breaking open the 2002 BALCO scandal and currently is in charge of athlete performance for the Ultimate Fighting Championship, is a board member of the Authority. He is potentially an important player in determining who gets the nod to oversee drugs in racing, as he actually has experience in hiring USADA to work on behalf of the UFC.

As explained by Novitzky, there are ultimately three tasks that need to be addressed by any anti-doping organization, namely testing, investigation and education. Interestingly, he said that education is perhaps the most important, as it involves an authority figure such as Travis Tygart being able to educate athletes as to how sophisticated and thorough USADA can be in its job. Novitzky says that this aspect of the triple-pronged approach has formed an effective deterrent to cheating by his athletes. Novitzky said that it is possible to find outfits that could do testing and investigation, but very challenging to find a group that could educate the participants like USADA. That is a difference maker for him.

The reason that WHOA and I have pushed so hard for USADA is that a totally independent group is essential in allowing the game to function and give fans and competitors alike the confidence that the sport is on the level.

Here is why an independent group is needed. In a game dominated by super-wealthy, powerfully-connected participants that operate their enterprises on a win-at-all-costs ethos, only an independent body is able to withstand the onslaught of a corrupt individual to assist them in breaking the rules.

In today's environment, within the confines of racing (and not including the Federal Bureau of Investigation), powerful individuals who get caught breaking the rules always seem to find a get out of jail free card.

The reason so many horsemen and owners seem to be against USADA's involvement in racing is that their reputation has preceded them. They are incorruptible and this scares the crap out of them.

However, with USADA now set to be totally bypassed in favor of some other organizations that have been mentioned, independence will be thrown right out the window and all of our efforts will have been for naught, because the bad guys will have won again and nothing will have changed. Right now forces that want the appearance of change, but behind closed doors actually embrace the status quo, are calling the shots.

Forces working against USADA include those with conflicts of interest. Among them are Authority members that have existing affiliations to other anti-doping doping agencies, rival testing labs lined up for a big payday and individuals pulling any strings they can find to keep USADA from becoming the top cop on the block. There is a lot of money involved and more than one testing lab or doping agency that would like to get their piece of the pie. Cronyism, regional muscle flexing and a good old-fashioned money grab characterizes the battlefield today.

It says here that the Authority has lost sight of its role in the process and that a combination of egos fueled with new-found power, members swayed by passionate enemies of USADA and lots of money up for grabs has corrupted what should have been a simple task. And for all appearances it looks very much like those empowered to guard the palace gates want to ascend to the throne.

Barry Irwin is the founder and CEO of Team Valor International

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Straight Talk About HISA: NHBPA, ARCI CEOs To Appear On Kentucky Racing Spotlight This Friday

The Horseracing Integrity and Safety Act (HISA), legislation scheduled to go into effect July 1, will be the subject of a special edition of Kentucky Racing Spotlight this Friday from 6-7 p.m. ET on Louisville's ESPN 680 AM.

Eric Hamelback and Ed Martin, the CEOs respectively of the National Horsemen's Benevolent & Protective Association (NHBPA) and the Association of Racing Commissioners International (ARCI), will be the featured guests discussing one of the most fundamental changes to the administrative structure of horse racing in history. Peter Ecabert, the National HBPA's general counsel, also will participate.

HISA general counsel John Roach and the HISA Authority's interim executive director Hank Zeitlin declined invitations to take part.

“We look forward to opportunities for discussion with you after Lisa Lazarus takes on her role as CEO next month,” Zeitlin responded in an email.

Roach and Zeitlin referenced pending litigation as the reason for not participating. The National HBPA and 12 of its state affiliates have a lawsuit pending in Federal District Court in Lubbock, Texas. Additionally, nine individual states, along with two state racing commissions and the Oklahoma Quarter Horse Association, filed a separate suit in Federal District Court in Lexington, Ky.

The National HBPA believes HISA is an unconstitutional delegation of legislative authority to a private non-governmental organization – the Authority. The Kentucky HBPA, the radio show's presenting sponsor, did not join the suit, though it was represented on the National HBPA's executive committee that voted unanimously to pursue a legal challenge.

HISA is now the acronym for both the legislative act and the regulatory Authority the law created.

The HISA legislation was passed by Congress in late 2020 and included as part of a year-end spending and Covid-19 relief bill. The law grants the Authority broad powers to create, regulate and enforce rules with respect to medication/drug, safety and integrity matters for thoroughbred racing in the United States. The Authority is under the jurisdiction of the Federal Trade Commission, which must approve any regulations it proposes. Currently, regulations have been submitted to the FTC and published for public comment, others await submission, while no regulations have been approved or disapproved.

“We are less than 5 1/2 months from HISA's legislatively mandated implementation,” said Kentucky Racing Spotlight co-host Jennie Rees, a veteran turf journalist who works as a communications consultant for both the National and Kentucky HBPA along with other entities in horse racing. “Our show by design is not political. HISA is clearly a polarizing issue, but we thought this close to such a paradigm shift in thoroughbred racing that it was important to get straight talk, facts and informed perspective about what it means for the industry – including racing's consumers, the horseplayers – without the rhetoric or heated emotions.

“We are disappointed that HISA thus far has declined to participate. The invitation remains. I dare say the majority of racing participants – including many supporting or opposing the law – have no idea what is and isn't in the legislation. We wanted to take one step toward changing that.”

The National HBPA represents close to 30,000 licensed owners and trainers throughout America, making it the largest thoroughbred horsemen's organization in the world. ARCI is the umbrella organization of the official regulatory and rule-making bodies for horse and greyhound racing throughout North America and parts of the Caribbean. The organization's members heretofore were the only independent entities recognized to license, enforce and adjudicate matters pertaining to racing.

Kentucky Racing Spotlight, co-hosted by Joe Clabes, airs weekly through March 4 on ESPN 680-AM/105.7 FM, the region's sports-talk leader. The program also will be streamed live at espnlouisville.com, on the ESPN 680 app and the TuneIn and iHeart apps. The replay will be available on espnlouisville.com under the podcasts tab. All shows also are archived at davisinnovation.com/kyracing.

Kentucky Racing Spotlight is also sponsored by Davis Innovation equine marketing, the Louisville Thoroughbred Society and NKYTribune.com.

Previous shows archived at
https://www.davisinnovation.com/kyracing

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Lisa Lazarus Named Chief Executive Officer Of Horseracing Integrity And Safety Authority

The Horseracing Integrity and Safety Authority (HISA) Board of Directors announced Tuesday that Lisa Lazarus will serve as Chief Executive Officer of the Authority starting Feb. 15, 2022. The board reached this decision after engaging Russell Reynolds to undertake a nationwide search for a permanent Chief Executive Officer. Under Lazarus' leadership, HISA will implement the racetrack safety program on July 1, 2022, engage a best-in-class independent enforcement agency to oversee the Authority's Anti-Doping and Medication Control (ADMC) program, and work with stakeholders across the U.S. to evaluate and improve both programs on an ongoing basis.

“We are thrilled to have Lisa on board as we approach HISA's program effective date in six short months” said Charles Scheeler, Chairman of the Board of Directors. “Her deep background in sports business and law will be on full display as she leads the racing industry into a new, safer era of clean competition under uniform rules and regulations.”

“I look forward to working with the impressive and diverse array of independent and industry experts at HISA to make racing safer and fairer for all. As someone who has worked with the industry over the course of my career, and as a horse lover, I'm honored to be taking on this role,” said Lazarus.

Lazarus established and leads the Equestrian Practice at Morgan Sports Law, where she provides counsel on health and safety issues and rule compliance in addition to representing athletes, owners and trainers in disputes before national and international governing bodies. Prior to joining Morgan Sports Law, she served as General Counsel and later Chief of Business Development & Strategy at the Fédération Equestre Internationale, the international governing body for equestrian sports. Prior to her focus on the equine sporting industry, Lazarus spent a decade at the National Football League where she served as the league's Labor Relations Counsel, representing the NFL's 32-member clubs in collective bargaining issues and in contested arbitrations, including anti-doping enforcement matters. She then became Senior Legal Counsel before taking the role of Senior Director of Partner Development for NFL International at their headquarters in London, England. Lazarus began her legal career working as an associate at Akin Gump for four years after graduating from Fordham University School of Law and clerking for a Federal District Court Judge in Memphis, Tenn.

Under the leadership of Interim Chief Executive Officer Hank Zeitlin, the Authority's advisory committees drafted proposed rules and regulations and sought industry feedback through an extensive stakeholder engagement process, resulting in the successful submission of the Racetrack Safety Program to the Federal Trade Commission on Dec. 6. The ADMC Committee worked with USADA to release six documents for public input, including the proposed Equine Protocol, Prohibited List, Definitions, Equine Arbitration Procedures, Testing and Investigation Standards, and Standards for Laboratories and Accreditation.

“The significant progress achieved in just a short period of time is a testament to Hank's professionalism and intimate knowledge of the racing industry. He convened a small yet highly capable staff to undertake this enormous effort with the advisory committees, and the work products speak for themselves,” said Scheeler. “The Board of Directors deeply appreciate Hank's leadership and service to the racing community.”

“Being a part of the process to improve and modernize the sport has been a privilege,” said Zeitlin. “I look forward to working with Lisa in the coming months as my time at HISA comes to a close. There is no doubt in my mind that the Authority is in good hands as it continues its mission to protect the athletes, both equine and human, and the integrity of the sport.”

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Registration Now Open For Track Superintendent Field Day At Gulfstream

Registration is now open for Track Superintendent Field Day on June 12-14 at Gulfstream Park in Hallandale Beach, Florida. The gathering brings together track superintendents and staff to discuss best practices related to track maintenance, safety and operational issues for racing and training facilities.

“We are thrilled to be heading to Florida in 2022,” said Roy Smith, founder of the event and track superintendent at Indiana Grand Racing & Casino. “Gulfstream Park is a world-class facility with terrific racing surfaces.”

Track Superintendent Field Day started as a small meeting at Philadelphia Park (now Parx Racing) in 2002 and since then has grown to become one of the racing industry's largest and most important events focusing on track safety.

New regulations under the Horseracing Integrity and Safety Act (HISA) are set to begin later this year, so the Field Day agenda will include a panel on ensuring that superintendents are ready for the hefty reporting requirements. This will also fulfill four hours of continuing education.

Track Superintendents Field Day is not-for-profit 501(c)(3) entity, and registration is free for superintendents and their staff, supported solely by the sponsors of this event, including title sponsor Equine Equipment.

The only expenses for track superintendents and staff are transportation and a discounted hotel rate at the Hampton Inn Hallandale Beach as the host hotel.

“My team and I look forward to welcoming everyone to Gulfstream Park,” said Tony Martinez Jr., track superintendent at the South Florida track.

“Track Superintendent Field Day always provides extensive educational information and networking, so we are proud to support this for the betterment of the industry,” said Steve Andersen of Equine Equipment. “The panels and speakers we bring together are instrumental in cultivating the superintendents of tomorrow and in building the skillsets of current supers. We urge tracks to send their key people to demonstrate a willingness to invest in their future and get the annual training from the oldest track superintendent group in North America.”

To register, call 877-905-0004 or email tracksupers@gmail.com.

More information regarding registration and the agenda will be forthcoming at www.tracksupers.com.

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