HISA | Horse Racing Free Tips

Foreman to Donate Ombudsman Salary to TAA

Alan Foreman, the recently appointed ombudsman on behalf of HISA's rules with a primary focus on the Anti-Doping and Medication Control (ADMC) Program, will donate all compensation paid to him by both groups in connection with his duties as ombudsman to the Thoroughbred Aftercare Alliance (TAA), according to a press release from the Horse Racing Integrity and Safety Authority.

Foreman is a leading racing law and equine attorney in the U.S. with expertise in medication, drug testing, equine safety and welfare. He is counsel to many horsemen's and racing industry organizations and was recently named by Maryland Governor Wes Moore to the newly created Maryland Thoroughbred Racetrack Operating Authority.

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Judge Halts Anti-HISA Suit in Louisiana Pending Outcome of HBPA Case in U.S. Appeals Court

A federal judge has stayed a 14-month-old lawsuit initiated by the states of Louisiana and West Virginia that is trying to wipe out the Horseracing Integrity and Safety Act (HISA) via alleged constitutional violations, ordering the case to be “administratively terminated” until the United States Fifth Circuit Court of Appeals makes a ruling in a separate suit in which the Horsemen's Benevolent and Protective Association (HBPA) is also alleging HISA is unconstitutional.

However, U.S. District Court (Western District of Louisiana) Chief Judge Terry Doughty wrote in his Sept. 14 ruling that, “This Order shall not be considered a dismissal or disposition of this matter,” and that he was halting the case while the Fifth Circuit decision played out “without prejudice to the right of the parties to reopen the proceedings.”

This means the plaintiffs (the two states are joined by the Louisiana racing commission, the Louisiana HBPA, the Louisiana Thoroughbred Breeders Association, West Virginia's racing commission, and five individuals regulated as “covered persons” under HISA) and the defendants (the HISA Authority, the Federal Trade Commission [FTC], plus overseers of both entities) must now await the decision–likely to be issued months from now–that will result from the Fifth Circuit oral arguments scheduled Oct. 4.

In 2 1/2 weeks, the National HBPA and 12 of its affiliates will be trying to prove claims that the 2022 rewrite of the HISA law remains “patently unconstitutional,” and that the Authority overseeing the sport “is basically a private police department” whose sweeping powers equate to “oligarchic tyranny.”

The HISA Authority and the FTC will go into those same arguments backed by a lower court's opinion issued in May that ruled HISA is indeed constitutional, because “Congress cured the unconstitutional aspects of HISA's original approach.”

It's also on the judicial record that the U.S. Court of Appeals for the Sixth Circuit upheld the constitutionality of HISA back in March.

One day prior to Judge Doughty's ruling, Magistrate Judge David Ayo wrote in a report that recommended staying the Louisiana case that the multiple, overlapping anti-HISA lawsuits currently swirling in the court system are clogging federal dockets.

“After an exhaustive review of the landscape of suits challenging the Act, this Court concludes that [an amended complaint the plaintiffs had filed] is the result of deliberate strategy” that equated to “an abuse of procedure and an impermissible use of judicial resources,” Judge Ayo wrote in his Sept. 13 report.

The original lawsuit in this case was filed June 29, 2022, alleging that HISA violates the Fourth, Seventh and Tenth Amendments to the U.S. Constitution, plus the Administrative Procedure Act, which governs the process by which federal agencies develop and issue regulations.

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Letter To The Editor: The Unspoken Safety Factor In Horse Racing Fatalities From The Handicapper’s Perspective

Handicappers use the term “bounce” to explain a poor performance of a horse or to project a possible poor performance. This handicapping angle is more pronounced in demanding stakes races where a horse will often meet a field where only a top performance will result in a placing.

But what does a “'bounce” really mean? It refers to a horse that had a recent fast performance, several tough races in a short period or many races in a racing campaign. The handicapper is implicitly (and unknowingly) using basic biology to posit that a given horse did not have enough time to recuperate before the next race. But what if this notion of “bounce” has more serious implications beyond performance intersecting with that of safety? Well, apparently it does.

After the deaths at Santa Anita in 2019, I began to observe the records of horses that had catastrophic injuries. A certain number seemed to be horses whose racing and training schedule appeared excessive. While it is impossible to say with certainty that over-racing was the case individually, I surmised it had to be one factor in catastrophic injury in the aggregate. Now HISA apparently is looking at this angle regarding horse safety. In its, 2023 Equine Fatalities: HISA's Strategic Response under “data analysis,” it asks, “Would a maximum number of high-speed furlongs (published works and races) either lifetime or within a rolling period reduce equine injury?” The issue is finally on the table in racing's most significant institution.

Dr. Sue Stover, chair of the HISA Racetrack Safety Committee, goes well beyond what handicappers have noticed in their “bounce” notion only to prognosticate a poor performance for a horse. Dr. Stover in the Spring 2023 Churchill Downs Equine Fatalities: HISA Findings under the category “high speed exercise analysis,” concluded–after comparing the Churchill deaths to the control group- -that (indeed) the deceased horses had more races per year and that the data coincides with the notion that, “frequent high injury exercise (as observed in injured horses) that does not allow for recovery of exercise-induced microdamage contributes to the development of stress fractures and subchondral stress which presupposes horses to catastrophic injuries.” Dr. Stover is based at UC Davis and their veterinary webpage regarding catastrophic injuries to racehorses includes “training intensity” as a risk factor. Thus, from Dr. Stover's remarks, the science on thoroughbred injury has already progressed to a point where the new (Churchill) data is being amalgamated with existing hypotheses.

The notion that with the recent deaths at Saratoga and Churchill Downs there is no one risk factor in common does not mean that several risk factors are not known. The industry has come a long way since 2019 and many risk factors or pre-existing conditions are known including the over-racing of horses.

I do not want to mention individual horses as it is impossible to know with certainty in any single case whether a horse's racing and training schedule was the main culprit in a breakdown. Too often, in my view, trainers are being cast as “bad guys” and that's too easy a way to address industry wide problems in relation to safety. And my point is not to prove this notion as it is already part of the science on racing injury.

I wish merely to bring the issue out from the shadows to be part of a necessary discussion on horse safety. But I will relate a few high-profile examples of a horse's racing schedule in horses that broke down in top races dating back to 2019 without mentioning the name of the horse.

Horse A had 13 races in 11 months and broke down in a grade 1 race,
Horse B had 10 races in 12 months mostly at the grade 1 level and died after a workout,
Horse C raced 11 times in 10 months breaking down in a grade 3 stakes,
Horse D had 4 races in 4 ½ months moving up into a grade 1 with less than a month off.

There are other high and low-profile examples and again HISA, in their report, summarizes the horse's racing schedule as part of their analysis. Of course, many horses can handle a tough schedule–there is genetic variation in any species. Nonetheless, the over-racing of a horse is one risk factor that has to be addressed in any overall plan regarding horse safety. It intersects with other issues like medication: rest versus therapy.

Why this factor of over-racing a horse has been understated in recent discussion of horse fatalities until now is due, I suspect, to the implications on possible restrictions for the scheduling of a horse's campaign. It may mean limiting the number of starts per horse per racing level, age, etc. It obviously casts a doubt about the spacing of racing's greatest event: The Triple Crown.

Yes, I support 1/ST Racing's Aidan Butler's efforts to move the Preakness date because of the safety issue alone. Yes, it would be a tough go to factor in a horse's schedule regarding an overall safety plan for thoroughbred racing. But if the horse racing industry is going to completely address the issue of safety, the over-racing of horses (not the racing but the over-racing of a horse) needs to be looked at. There is not a good alternative to not do so.

–Armen Antonian Ph.D.

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Legislation Leaves Door Wide Open For Extended Golden Gate Operations

California lawmakers Thursday passed legislation that means if Golden Gate Fields is not licensed to operate beyond July 1 next year, proceeds from simulcast wagering in the north are funneled south when there is no live racing in the northern half of the state after that date.

The rule of thumb is that proceeds from wagers made in the “northern zone” stay in Northern California to pay for purses and operational expenses, while the proceeds from wagers made in the “southern zone” stay in Southern California for the same purposes.

California Governor Gavin Newsom has until October 14 to sign or veto AB 1074, introduced by Assemblymember Juan Alanis (R-Modesto). The bill passed a concurrence vote in the state Assembly Thursday, after being passed off the Senate floor by unanimous vote the day prior.

“The swift passage of AB 1074 in the Senate and Assembly with consensus backing of the racing industry provides the short-term answers that we desperately needed and the framework for the future,” wrote Thoroughbred Owners of California (TOC) president and CEO, Bill Nader, in a statement Thursday. “This was critically important to our constituents to know that Golden Gate Fields is still in play to June of next year.”

The Stronach Group (TSG), which owns and operates Golden Gate Fields, announced in July that it was closing the Bay Area facility at the end of December with the goal of increasing field size and adding another day of racing a week at Santa Anita.

If TSG applies for dates to operate a live meet at Golden Gate during the first half of 2024, such a proposal would first need approval by the California Horse Racing Board (CHRB). The next CHRB meeting is scheduled for Sept. 21.

In terms of simulcasting proceeds, the state is broken into three main geographical zones–the “Southern,” “Central” and “Northern” zones.

Largely speaking, the south and central zones are rolled into one big “southern zone,” roughly spanning the northern tip of San Luis Obispo County down to the Mexico border. The “northern zone” consists of the remaining counties in the state.

The monies generated from simulcasting wagering are used for a variety of operational expenses besides purses, including payments to the California Horse Racing Board (CHRB) and the Horseracing Integrity and Safety Authority (HISA), the backstretch retirement fund and workers' compensation.

According to a legislative analysis of the bill, Golden Gate Fields handled over $524 million in 2022, which generated approximately $25 million in track commissions and purse funds.

The bill states that, “notwithstanding any other law, if the board does not license a thoroughbred race meet to be conducted by a racing association at a racetrack located in the cities of Berkeley and Albany after July 1, 2024, a thoroughbred racing association, or racing fair, in the southern or central zone licensed by the board to conduct a thoroughbred race meet or fair meet shall, during racing weeks not allocated by the board for a race meet in the northern zone, be deemed to be operating in the northern zone for the purpose of conducting all permissible forms of wagering in the northern zone pursuant to this chapter and making and receiving required distributions from those wagers in accordance with this chapter.”

Initially, various stakeholders in Northern California–including representatives of the California Authority of Racing Fairs (CARF) —had voiced reservations about altering the system by which simulcast wagering proceeds are allocated.

CARF executive director, Larry Swartzlander, told the TDN last weekend that the legislative amendment was drafted by CARF in agreement with TSG, on the proviso that Golden Gate Fields remains open for racing an extra six months.

Next year's racing calendar in Northern California is, of course, still to be decided. Last weekend, Swartzlander floated a plan that if Golden Gate Fields remains open until mid-2024, Santa Rosa would stage a Thoroughbred meet from mid-October–when the Fresno fair meet ends–until the end of the year.

The 2025 Northern California Thoroughbred racing calendar, Swartzlander added, could still hinge around a permanent base at Cal Expo. Such a plan would apparently require reaching an agreement with California's harness racing industry, which only last year extended its lease of operations of the Cal Expo Harness racetrack until May 2030.

Swartzlander also suggested the permanent bases of any extended 2025 Thoroughbred racing calendar in the north could be split between Cal Expo and Santa Rosa.

“Negotiations are continuing,” Swartzlander had told the TDN. “We'll work with them [WatchandWager Cal Expo] to come up with a solution. Whether we end up with a 50-50 split between Cal Expo and Santa Rosa, or whether we end up relocating Harness to another track, there's several options.”

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