Letters To The Editor: Jeff Landry

As a young boy, I spent summers mucking out stalls, painting fences, and helping out on my great-uncle's farm. Early in the mornings, his grandson and I could hear him tapping on the door, telling us to wake up and get moving in Cajun French. “Levez, levez!” We'd jump out of bed and ride down to the track to watch the jockeys breeze the horses as the sun was coming up.

Those are memories I fear the next generation might never experience as we battle the Horseracing Integrity and Safety Act (HISA)–legislation slipped into the COVID relief package and passed by Congress in the dark of night to federalize the horseracing industry and give complete regulatory power to a private corporation without consent of the individual states or even input from the horsemen themselves.

Horse racing in Louisiana has its roots in Cajun and Creole culture, where the infamous bush tracks of the 1950s produced some of the finest jockeys in the world. Soon, Acadiana became known as a place where you could start out riding barefoot and work your way up to winning the Kentucky Derby with an entire community to not only cheer you on but also finance the first major racetrack in the region–Evangeline Downs (where the announcer Gene Griffin would say “Ils Sont Partis!”, which means “And they're off!”).

Fueled by this rough and tumble past, Louisiana horse racing has effectively policed itself for over 200 years, evolving over time to meet modern challenges while maintaining its unique identity. It's an industry built with our own sweat and blood, supported by a tight-knit group of horsemen, racing fans, and family businesses. As in other states, we know how our horses handle our unique climate, our tracks, and our footing. We know the history of our bloodlines, the traditions of our sport, and the nature of this industry far better than anyone else.

That hard-won knowledge has created an entire culture within Louisiana, one that has grown from an economic impact of $460 million in 1979 to $1.5 billion today. As Attorney General, it's my job to protect this industry, its culture, and its people. That's why I have been fighting against HISA from the very beginning, even as political players pressured my office to not get involved. But like most Cajuns, when I stand for what's right, I don't back down.

At the core of HISA is this: a handful of wealthy players wish to control the sport through a one-size-fits-all, pay-to-play scheme that will decimate the inclusive culture of horse racing. And while we can all agree that we want integrity and safety in the sport, perhaps it must also be stated that we should never let a few bad actors define the whole. Yet under the guise of “integrity,” the federal government is using the excuse of bad actors to take away the freedoms and liberties of all horsemen while completely ignoring the unique cultures of each individual state and the people who have created it.

As a result, if HISA is successfully enacted, many of those who have been racing horses in their states for generations will be run out of business by ridiculously expensive fees, fines, and other barriers to entry. This will affect breeders, jockeys, farriers, veterinarians, tracks, and supply shops. Entire cultures will be decimated in support of unclear, inconsistent, and oftentimes dangerous new rules designed by political and corporate elites who can't even decide what kind of shoes a horse should wear.

For Louisiana and her people, my Solicitor General Liz Murrill and I took on this battle. We stood up for horsemen when it was neither popular nor politically convenient because we knew that it was the right thing to do. We believe that horse racing should be enjoyed by all–not just an exclusive elite. And our fight is now leading to the U.S. Supreme Court, where a disagreement between two federal courts must be decided. That is why it is absolutely vital everyone stand up now for true integrity in horse racing, for state sovereignty, and for the culture of this sport.

I almost feel like my great-uncle is knocking on your door, asking you all to wake up and fight with us. Place the power back into the hands of the people, where it belongs. I cannot guarantee you a win; but I do believe that the greatest advantage we have are our numbers. So, if the attorney general of your state has joined our coalition in the fight against HISA, please thank them; but if your attorney general is not yet involved, please encourage them to file an amicus brief in support of our cause. And if you run an organization affected by HISA, please join us at the U.S. Supreme Court to voice your opposition to this gross federal overreach.

Now more than ever, your voices must be heard. If we are to protect horse racing, we must take action. And so I say, “levez, levez!” Let's go.

Jeff Landry, Louisiana Attorney General

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Trainers Speak Out on HISA at HBPA Conference

Edited Press Release

The 2023 National HBPA Annual Conference closed with a lively discussion with three prominent horsemen who questioned the need, validity and overreach of federal legislation pitched as the so-called savior of racing while the industry heads into a challenging economic and logistical future.

Bret Calhoun, Ron Faucheux and Jason Barkley participated in the Trainer's Talk panel moderated by multiple Eclipse Award-winning journalist and media specialist Jennie Rees and talked about everything from the Horseracing Integrity and Safety Authority, challenges facing small to mid-sized stables, finding and keeping help and what gives them motivation in spite of all of racing's uncertainties.

HISA dominated the discussion–as it did much of the conference this week at The Hotel Monteleone in New Orleans–and the trio pulled no punches when it came to the controversial entity.

“The whole thing is a façade. It's been all smoke and mirrors,” said Calhoun, a member of the Louisiana HBPA board who also maintains strings in Kentucky and Texas. “They sold this thing as the safety of the horse. It's absolutely not about safety of horse. It's a few people, with self-interest and they have their own personal agenda.”

Faucheux, also a member of the Louisiana HBPA board and just two back of the leader on the Fair Grounds' leading trainer's list that he topped for the 2021-22 meeting, conditions a stable of about 60 horses and hasn't left his native state since HISA rules went into effect last summer.

“I haven't signed up and I won't sign up. I'll get out of training if I have to sign up,” Faucheux said. “A stable like mine, 55-, 60-horse stable, I couldn't afford the cost of having to hire somebody to do the paperwork for me. The added expenses of it all, it wouldn't work financially for me. It's a struggle to get by the last couple years. Feed costs have gone up 50 percent, hay, shavings, it doesn't make financial sense for a trainer in Louisiana year-round to sign up and have to take on all those added fees because right now we're barely making it as it is.”

Barkley maintains a stable of about 30 horses based at Fair Grounds and Oaklawn Park in the winter and in Kentucky the majority of the year. A member of the Kentucky HBPA board and a third-generation horseman, Barkley said he feels the impact of the regulations already and only sees them as potential obstacles for trainers hoping to grow their stables.

“A lot of my smaller clients they don't want to pay the added cost of a per-start fee, the extra vet checks, and all the added fees they want to put on us,” Barkley said. “There's added costs and the time to do all the work. Between me and my main assistant, who is my wife, Shelbi, we do the extra paperwork, keeping track of everything. We already kept track of what every horse got every day but to then have to put it into files, that doubles the workload. That is time taken away from actually working with your horses, which is what you should really be focused on.”

Fixed-Odds Wagering…

Fixed-odds wagering on horse racing is coming to America and should be embraced as well as understood by horsemen.

That was the advice of two heads of major horse-racing content distributors and two executive directors of horsemen's associations. They spoke on a closing-day panel at the National Horsemen's Benevolent & Protective Association conference.

The panelists addressed both the growth of U.S. tracks sending their race product to legal bookmakers overseas and the possibilities and challenges of introducing bookmaker-style fixed odds as a wagering option at U.S. tracks, whether at the actual track, another bricks-and-mortar facility or online.

“We've really had a mantra to educate our members on what's coming,” said National HBPA CEO Eric Hamelback. “Whatever you decide as a state–to bring it in, not to bring it in, or if you're fortunate enough to have a sports-wagering license–I believe sports wagering and fixed odds are in our future. But it's up to us to continue to educate everyone properly on the pros, the cons and the nuances of what's going on.”

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HISA Issues Notice On Use Of Bisphosphonates

Edited Press Release

In advance of the anticipated effective date of HISA's Anti-Doping and Medication Control (ADMC) Program March 27, the Horseracing Integrity & Welfare Unit (HIWU) calls the Thoroughbred industry's attention to regulations regarding the presence and use of bisphosphonates in covered horses.

Bisphosphonates are a class of medication prescribed for managing clinical signs associated with navicular syndrome in horses 4-years-old or above. They also have a history of extra-label use in younger horses. Bisphosphonates may be detected in samples from treated horses for months to years after administration.

The ADMC Program regulations categorize bisphosphonates as a Banned Substance, meaning that they are prohibited from being administered to, or present in, covered horses at any time. Covered horses that test positive for bisphosphonates under the ADMC Program are subject to lifetime ineligibility, and associated covered persons may incur an Anti-Doping Rule Violation.

Given the prolonged detection period for bisphosphonates and the fact that their use is permitted in other racing jurisdictions internationally:

HIWU will not pursue disciplinary action against covered horses or their associated covered person(s) for the presence of bisphosphonates if the covered person(s) can provide documentation (e.g., medical records or a positive test result) to HIWU of the administration or presence of bisphosphonates prior to the implementation date of the ADMC Program. In accordance with HISA's requirements for covered horses, all medical records, including any relevant test results, must be uploaded to the HISA portal. Additionally, due to the variability of bisphosphonate detection through laboratory analysis, all bisphosphonate findings detected under the ADMC Program will undergo thorough review regardless of the alleged timing of administration.

If owners or horsemen have concerns that their horses may have been administered bisphosphonates prior to March 27, including prior to a sale at public auction domestically or internationally, HISA and HIWU advise them to consider bisphosphonate screenings for these horses before the ADMC Program takes effect.

The Horseracing Integrity and Safety Act does not enable HISA's ADMC Program to be enforced retroactively for actions occurring prior to its implementation. The detection of administrations from prior to March 27 that violate respective state rules in effect during that time period will be referred to the relevant state regulatory authorities.

While bisphosphonates continue to be permitted in Thoroughbred racehorses in international jurisdictions, any covered horse proven to have been administered bisphosphonates after the March 27 implementation date will be subject to lifetime ineligibility, and associated covered persons may incur an Anti-Doping Rule Violation.

For questions about the use of bisphosphonates and other substances on the ADMC Prohibited List, stakeholders are encouraged to visit here and reach out to HIWU Chief of Science Dr. Mary Scollay at mscollay@hiwu.org.

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Tom Sage Again Named Chairman of ARCI

The Nebraska Racing and Gaming Commission's executive director, Tom Sage, has been appointed the repeat chairman of the Association of Racing Commissioners International (ARCI). Sage first served as chairman in 2020. The ARCI chairs generally serve one-year terms, but Sage was awarded a subsequent term due to the effects of COVID-19 on the industry and returns again for the coming year. The current outgoing ARCI chair is Louisiana Racing Commission executive director Charles Gardiner III.

The new chair-elect is Doug Moore, who was appointed to the Washington Horse Racing Commission's board after retiring as its executive director. Anthony Salerno of the Pennsylvania Racing Commission was named treasurer.

In his address, Sage said: “Our U.S. members face enormous problems caused by the uncertainty of the implementation of the Horseracing Integrity and Safety Act [HISA] and its programs… There's an expectation in some parts of the industry that all regulatory turmoil and new costs will result in fewer breakdowns, fewer equine deaths, and apprehend more criminals. We'll see. We call it like it is, realizing not everyone will like what we say. To us, integrity counts more than narrative. Our agenda remains simple: To do the right thing.”

ARCI is the umbrella organization representing governmental regulators of horse and greyhound racing.

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