Frank L. Jones, Jr. Succumbs to Long Illness

Frank L. Jones, Jr., a prominent owner, breeder, and servant to the horse industry through decades of work on the boards of several Thoroughbred organizations, passed away Thursday, Aug. 10 after a long illness. The Louisville businessman was 87.

In addition to other roles, Jones spent more than 30 years as the owners' vice president of the Kentucky Horsemen's Benevolent and Protective Association (HBPA), where he was instrumental in negotiating contracts for owners and trainers with racetracks. He was also chair of the Kentucky HBPA's finance committee and a legislative liaison. He was vice chair of the Kentucky Horse Racing Commission (KHRC), first appointed in 1997 by Gov. Paul Patton, reappointed in 2008 by Gov. Steve Beshear, and appointed again in 2020 by Gov. Andy Beshear. Jones was also a long-time board member and secretary of the Kentucky Racing Health & Welfare Fund, which provides health resources and financial assistance to the Commonwealth's backstretch workers.

Jones was also president of the Kentucky Thoroughbred Owners in 1998-1999 and was a member of the American Horse Council, Thoroughbred Owners and Breeders Association, and the Kentucky Thoroughbred Association. Last October he was selected as a member of the Horseracing Integrity & Safety Authority (HISA)'s Horsemen's Advisory Group. He was honored with the Warner Jones Award, which recognizes individuals for outstanding contributions to Kentucky racing, in 2019.

“The Kentucky horse racing and breeding industry wouldn't be in the strong position it is in today without the passion, commitment, and leadership of Frank Jones, Jr.,” said Churchill Downs CEO Bill Carstanjen. “From his meaningful contribution to the Kentucky HBPA to his impact on the Kentucky Horse Racing Commission and as past president of the Kentucky Thoroughbred Owners, our sport and community lost a dear friend and tremendous advocate, and we at Churchill Downs lost a valued partner. He will be greatly missed, and our thoughts are with his family and countless number of friends and colleagues during this difficult time.”

Born in Louisville in 1937, Jones attended Western Kentucky University and spent time in the U.S. Air Force. A variety of savvy business dealings, including in swimming pool equipment and supplies, led to him being nominated as an Ernst & Young Entrepreneur of the Year in 1989 and 1990. However, it was a chance encounter with trainer Jerry Romans, Sr. that led to his decades in the horse industry. He bought his first horse in 1968 for $1,500 and exclusively used Romans and his son, Dale, as trainers. He was leading owner at the spring meets at Churchill Downs in 1989, 1990, 1992, and 1995. The star of his stable was Tapitsfly (Tapit), who won the inaugural Breeders' Cup Juvenile Fillies Turf, as well as the GI Just a Game S. and GI First Lady S. Jones sold the filly in 2012 at the Fasig-Tipton Kentucky November sale for $1.85 million to Katsumi Yoshida.

A number of industry leaders released statements as news spread of Jones's passing Thursday. Among them were KHRC Chairman Jonathan Rabinowitz, who said, “The passing of Frank Jones is a huge loss for not only his family and friends, but the entire horse racing industry. As a valuable member and vice-chairman of the KHRC Commission and secretary of the Kentucky Racing Health and Welfare Fund, he used his voice to elevate other horsemen, serving and providing guidance to backstretch workers who cannot afford medical assistance on their own. We have all lost a great friend who will be dearly missed.”

Jones is survived by his wife, Nancy Delony Jones, to whom he has been married four years. His first wife, Gloria Jones, passed away after 58 years of marriage. Arrangements are pending.

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Jockey Club’s Gagliano: HISA Is Necessary

“Everyone is entitled to his own opinion, but not his own facts.” –Daniel Patrick Moynihan

Letters to the editor are, by definition, opinions. You can disagree with an opinion, but you can't exactly say it's wrong. But when “facts” that are not facts are offered in support of an opinion, that is disinformation. The writer of the July 26, 2023, Thoroughbred Daily News letter to the editor slamming HISA could be the poster child for that. Over the past week I reviewed his criticisms with executives with HISA and HIWU and found his letter replete with disinformation.

Here are some of the most serious mistruths from the article:

Lack of Communication on Testing Results & Provisional Suspensions

According to the author, “There was zero notification from HISA/HIWU explaining what needed to be done.” Truth: According to Ben Mosier, executive director of HIWU, “Every trainer and owner who receives a positive test result receives a written notice from the Horseracing Integrity & Welfare Unit (HIWU), the independent enforcement agency tasked to enforce HISA's Anti-Doping and Medication Control Program, that states which prohibited substance was detected and contains detailed instructions about next steps, including HIWU contact information if the owner or trainer has questions.” I will note HISA maintains a 24/7 hotline for questions, something never before provided by state testing authorities.

Professionalism of Testing Barn Staff

According to the author, “… the people performing the test were not wearing gloves and were not wearing sterile gowns, nor are the receiving barns/test barns cleaned and thoroughly sterilized before and after every animal is processed.” Fact, again from Mosier: “All test barn personnel operating in states under HISA's jurisdiction have been trained by HIWU procedures that include sanitizing hands prior to handling sample collection equipment and wearing gloves throughout the process of collecting urine samples.”

Lab Credibility

The author attacks the credibility of the laboratories working with HIWU questioning whether they know how a substance got into a horse. Fact: Labs detect prohibited (banned or controlled) substances that are present in equine blood, urine, or hair samples and no labs have ever been tasked with conducting investigations into how, when, or why the horse was exposed to that prohibited substance.

Prohibited Substances

The author accuses HISA of inappropriately categorizing prohibited substances that are permitted by the Association of Racing Commissioners International (ARCI), World Anti-Doping Agency (WADA), and United States Anti-Doping Agency (USADA). Fact: In the case of one of the author's horses, the substance reported as metformin is a prohibited substance by HISA and ARCI. WADA's and USADA's prohibited substances are not relevant because their prohibited lists cover proven performance-enhancing effects in humans, not horses.

Beyond that, the letter writer seems to have totally forgotten the big picture, so here's a reminder: HISA was necessary for the safety of our horses and riders. The survival of Thoroughbred racing in America depends on it, and as we all know, there is plenty of evidence to support that fact.

People in our sport, including at the highest level, were cheating right under the noses of state regulators for years and not getting caught–the names Servis and Navarro should ring some bells. And if you think that's a thing of the past, think again. As of July 30, 2023, HISA drug rules, enforced by HIWU, have resulted in 30 positive findings for, or possession of, banned substances. These aren't minor therapeutic overages; we're talking about drugs that have no business anywhere near a racehorse in competition or training. So, those horsemen who have been sticking their chests out and saying, “There's no doping going on in Thoroughbred racing,” are just plain wrong.

The HISA rollout hasn't been perfect, but HISA was given a huge job to do in a short period of time. And throughout that time, HISA has been bombarded by an orchestrated barrage of lawsuits generated by the same small group of dissidents and based on the same type of alternative facts espoused in the TDN letter. Now that HISA has won the latest round of lawsuits in federal court, the same group of naysayers has launched a massive disinformation campaign–they should be ashamed of themselves.

Despite the incoming fire of misinformation, half-truths, and lies, HISA has made enormous progress. Here are just a few examples:

  • HISA is virtually a start-up company and has launched both its Racetrack Safety Program and its Anti-Doping and Medication Control (ADMC) Program in the span of a year, establishing a much-needed national set of integrity and safety rules.
  • HISA developed uniform protocols based on data and science that were previously absent from this sport. Data generated by HISA's reporting mechanisms is being deployed in real time to help identify horses that could be at increased risk for injury, thereby making racing safer for horse and rider alike.
  • Veterinary oversight and the number of learned hands touching horses before they set foot on the track has expanded to help ensure horses' wellbeing. More than 30,000 pre-race inspections have been performed by regulatory vets, and to date, more than 1,000 veterinarians have submitted more than 1 million treatment records of the care they provide to horses.
  • HISA has put unprecedented emphasis on jockey wellness and safety, providing the industry with a national medical director and jockey safety and welfare manager to enhance and expand safety programs for our riders.
  • To improve its own rollout and rule compliance, HISA established a national Horsemen's Advisory Group that is consulted on a regular basis for feedback on its rules and their implementation.
  • HIWU was established in partnership with Drug Free Sport International and has formed a best-in-class team of testing, laboratory, investigatory, and legal experts to enforce HISA's anti-doping and medication control efforts. Since launching on May 22, HIWU has tested more than 15,000 horses, including post-race tests, out-of-competition tests, vets' list tests, and tests on claimed horses.

There is more work to be done, but HISA and its staff are working long hours to create and implement a lasting anti-doping program that is already transforming equine health and safety. I do agree with the letter's author that racing needs to improve, to demonstrate to the public that we as an industry put the care of our horses above all else. HISA is the independent organization that is leading the sport in these efforts, and it's time for everyone to be more productive and engaged to accomplish our shared goals.

James L. Gagliano,
President and Chief Operating Officer
The Jockey Club

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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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Authority Tells Appeals Court Not To Be Persuaded by HBPA’s ‘Scattershot’ Attempts to Derail HISA

With oral arguments in the United States Court of Appeals for the Fifth Circuit looming in less than two months, the Horseracing Integrity and Safety Act (HISA) Authority defendants in a two-year-old lawsuit spearheaded by the National Horsemen's Benevolent and Protective Association (NHBPA) asserted in a legal brief Friday that the panel of judges should “dismiss this appeal or affirm the judgment” from a lower court that ruled the 2022 rewrite of the HISA law was constitutionally compliant.

“Congress, the Executive, and all three federal courts that have considered the amended Act have reached the same conclusion: HISA is now constitutional,” the Authority defendants stated in the Aug. 4 filing.

“As every court to consider Congress's amendment has held, HISA no longer violates the private-nondelegation doctrine because the Authority is now subordinate to the Federal Trade Commission [FTC],” the filing continued.

“Appellants' scattershot attempts to invalidate the Act on other grounds come up short, too,” the Authority's brief stated.

“The district court correctly rejected Appellants' due-process claim,” the brief continued. “Alongside ample statutory safeguards, a trial revealed 'no evidence of actual, unconstitutional self-dealing.' The contention that HISA violates the President's appointment (and removal) powers-which all Appellants concede is 'mutually exclusive' with the private-nondelegation claim-also fails under Supreme Court precedent.

“The Authority's private creation and control confirm what this Court's prior opinion made clear: the Authority's Board members are private individuals rather than 'Officers of the United States'-and thus 'the Appointments Clause says nothing' about them,” the brief stated.

“Finally, NHBPA's feeble attempts to contrast HISA with other statutes upheld against private-nondelegation challenges rest on supposed differences that are either factually inaccurate or constitutionally irrelevant,” the Authority's filing stated.

Back on July 5, the NHBPA, along with 12 of its affiliates, told the Fifth Circuit Court in their own brief that even after being amended by Congress, the December 2022 version of HISA remains “patently unconstitutional,” and that the Authority overseeing the sport “is basically a private police department” whose sweeping powers equate to “oligarchic tyranny.”

In addition to the HISA Authority, personnel from the FTC are defendants in the lawsuit.

The first time the HBPA plaintiffs attempted to challenge the original 2020 version of the HISA statute in federal court, on Mar. 15, 2021, the suit was dismissed on March 31, 2022.

The HBPA plaintiffs then appealed, leading to a Fifth Circuit Court reversal on Nov. 18, 2022, that remanded the case back to the lower court. In the interim, an amended version of HISA got signed into law Dec. 29, 2022.

On May 4, 2023, the lower court deemed that the new version of HISA was constitutional because it fixed the problems the Fifth Circuit had identified.

The HBPA plaintiffs then swiftly filed another appeal back to the Fifth Circuit, underscoring in the July 5 brief that, “This Court's job is to again tell Congress-'No.'”

The Fifth Circuit is hearing this appeal on an expedited basis, with oral arguments tentatively scheduled for the week of Oct. 2.

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