HISA | Horse Racing Free Tips

Op/Ed: The System Has Failed

“Twelve-thousand dollars going once…twice…SOLD!” It was the Keeneland November Sale and for the second time in a year I had to watch my big beautiful chestnut mare slip out of reach. The former black-type runner was vanned 2,100 miles away to her next venture as a broodmare prospect despite having previously failed to conceive.

Six years later, I would be paying that mare's bail from a Texas livestock yard after she failed to produce but one foal who has yet to race. A graded stakes-placed mare from humble beginnings with six-figure earnings was reduced to a whopping $1,500 valuation of literal horse flesh.

What happened to the funding and the programs designed to prevent this from happening? Where were the aftercare advocates? At the end of the day, I was the only one left–an average racing fan who became her advocate.

Let's start from the beginning.

I first met Ragdoll on the backside of Monmouth Park. She was a big-boned, imposing filly standing at 16.3 with a stellar physical. The kind of filly that makes you do a double-take because surely, she was actually a colt, but her delicate face and doe-eyed expression gave her away every time.

In the barn she was sweet natured and affectionate, willing to hang her head over the stall door eternally if you held it just so. I spent two summers doing just that.

On the track, her heavy legs lumbered beneath her and she lacked the turn of foot of her nimbler, light-boned counterparts. Eager to please, she came down the stretch like a freight train when asked and found herself rising up the ranks, even hitting the board in a pair of graded stakes. That was the end of us.

I knew our racetrack romance would end if she made black-type; she would be more valuable as a broodmare than anything else. My lofty hope of owning her when her racing career ended would never come to fruition. She was privately sold for $70,000 to a breeding farm in Kentucky.

A couple of years would pass and I had the opportunity to visit Ragdoll after reaching out to her new owners. They were kind enough to welcome me to the farm where I was able to soak in the expansive bluegrass hills she now called home. Despite my loss, I was genuinely happy this was her new life.

My visit coincided with the farm veterinarian doing follicle scans on the mares and I watched as the team gave a forlorn sigh after ultra-sounding Ragdoll. I learned she had not been successfully bred, not even a failed embryo. Nothing at all. She simply wouldn't take.

The Falstaff of their Shakespeare, I chimed in, “You know who to call if she needs a home!” but wished them the best as they continued their efforts.

After arriving back home, I followed up with the farm, offered my gratitude for the visit and (more professionally) reiterated my desire to purchase her if things didn't go their way.

As fate would have it, the next year I found myself down a similar path–trying to conceive a child with equally devastating results. I have never been so exhausted in my life; emotionally, physically, psychologically…I was running on empty in absolutely every capacity.

Ragdoll when she first returned home with Forbes in October | Nicole Forbes photo

Eager for a distraction, I decided to lookup Ragdoll on various online information systems and lo and behold, she was listed in the upcoming Keeneland November Breeding Stock Sale.

Shocked, I pulled up her catalog page and saw the big bold letters at the footer “believed to be NOT PREGNANT” after being covered by four different prominent stallions that year. My heart ached for her and the unexpected barren road we both found ourselves on. If this wasn't a sign (albeit a very sad, hormonally surged one) I don't know what is, but this time she was going to be mine.

I immediately applied for credit with Keeneland and was promptly, and rightfully, denied. My meager per-diem racing marketing gig left more of a jingle in my wallet than padding. I turned to my father-in-law, a former trainer and respected horseman who once owned a part of this very mare, and pleaded for guidance.

Wise and soft-spoken, he listened as I cried on the phone for longer than either of us expected before stating, “Well, sounds like this is something you need to do.”

We agreed on a maximum bid of $10,000. Ten thousand dollars that I did not have, but would walk the ends of the earth to repay him for.

“It's only money,” he said and repeated to me again and again as if it were a mantra. I scoffed– only money. But I leaned into like it was a life raft and…swam with it.

The gavel went down and the rest is history. I was outbid by $2,000. I had been so close.

Not shy of persistence, I emailed the purchasing agent within minutes of her sale and disclosed everything I knew of her breeding history; I'd save them the trouble and offered to buy her flat out. The gentleman politely declined and guaranteed me “she'd have a home for life” regardless of the outcome of her broodmare career.

He was right. She would have a home for life. But no thanks to him.

This past September I received a cryptic Facebook message from someone with whom I was unfamiliar. It included a link to a horse's profile from a livestock auction in Texas, a well-known hub of killer buyers, alerting me a former racehorse was in the slaughter pipeline and listed for sale by weight.

It was my chestnut mare. Ragdoll had reached the end of the line.

It took a dozen individuals–a complete stranger from social media, three Thoroughbred aftercare executives, two racing executives, a racing insider, a horse hauler from Oklahoma, two family members and a literal guardian angel to get this mare home.

All because a racing fan was her advocate.

Where were we? The industry that so relied on her to bolster their pocketbooks; the industry that should be behind each and every one of the Thoroughbreds that ends up in this scenario, of which there are plenty.

The system has failed.

We've been playing economic checkers for a century when we should have been playing chess. Excluding the upper echelon of racehorses, each horse is measured as a one-to-four-year commitment and turned over as such. In actuality, every Thoroughbred is a 25-year commitment. At minimum.

How the industry continues to rely on 501(c)(3)'s to pick up our failed promises is astonishing and yet in Atlassian fashion, they continue to hold the burden.

A happier, healthier Ragdoll bonding with Forbes's daughter Avery | Nicole Forbes photo

Grass-roots efforts have provided a lifeline for us (and an innovative one at that–a broodmare division at the Retired Racehorse Project's annual Thoroughbred Makeover, giving these mares the chance at a third career?! *applause*) but the truth of the matter is their efforts are not to scale and may never be. There simply aren't currently enough funds or enough farms to support the number of retired athletes of our sport.

Only very recently has the idea of a “lifetime guarantee” been spreading among noteworthy breeding farms and syndicates who have pledged to care for a horse for its entire life, whether that is by partnering with rehabilitation and retraining facilities or by permanently retiring the horse on their property. Something, I daresay, that strikes me as incandescently sad to be so novel.

As of late, there is also at least one racing entity (1/ST Racing) that has included aftercare liaison managers in their business model, and during our two-day Championship series, thousands is pledged to the flagship of aftercare and retraining that is New Vocations. It's progress.

But what about the other 363 days of the year? The other racing jurisdictions?

Some jurisdictions do give beyond the required race day “aftercare taxes” comprised of per-start fees and a miniscule percentage of handle (of which the legislation varies state to state and is extremely convoluted to say the least) but the fact it is unregulated and voluntary is problematic.

Ultimately though, it starts at the top. The economic model is not viable and is past due for a complete overhaul.

The per-start fees are not enough. The registration fees are not enough. Our big ticket donations made during racing's spotlight moments and fundraising in general are not enough.

I implore The Jockey Club, HISA, NTRA and any jurisdiction that oversees our Thoroughbred athletes to reconsider the fundamental economics of the racing industry and how best to build aftercare into the founding principles of our sport, instead of as an addendum.

Fans cannot be their only advocates.

To be frank, it might be too late. I'm honestly not sure if we can act fast enough on an industry-wide solution to eliminate this crisis. And crisis it is–no matter how neatly swept the room may seem, there's a mortuary under the rug.

For a sport whose marquee race owns the title of the “oldest continuously held sporting event in America,” how are we still in the starting gate when it comes to aftercare?

The post Op/Ed: The System Has Failed appeared first on TDN | Thoroughbred Daily News | Horse Racing News, Results and Video | Thoroughbred Breeding and Auctions.

Source of original post

Op/Ed: The Status Quo is Not An Option

Over the last few months, I have read and heard numerous concerns about HISA's involvement in the thoroughbred industry. Purported issues range from, “we don't need the government in our business” to, “these new rules are too burdensome,” to “they should have asked horsemen to be involved in the rulemaking.”

I believe most of those complaints come from a place of misunderstanding about what HISA is trying to accomplish and also how imperative it is to our livelihood that we have a centralized set of rules.

As someone fortunate enough to be in direct communication with HISA, I wanted to take a few minutes to provide you with my insight.

First and foremost, HISA's biggest concern is the welfare of the HORSE, thus the reason for better health records, vaccinations, etc. I understand those requirements are burdensome and adds extra administrative work to our plates. As a trainer of a large training operation racing in two countries, I personally can attest to the difficulties of collecting this type of data. However, the rationale behind this is to protect you as a trainer, the one who has ultimate responsibility for the actions of the employees in your shed row.

Let's also address the new testing procedures. What excites me the most about HISA is the way the new testing procedures will be conducted, with one collective set of rules (versus running with different rules from state to state and sometimes from track to track). Included in this unified rule set is that drug positives will no longer be treated as “black and white.” The Horse Integrity Welfare Unit has the authority and flexibility to decide if a positive sample occurred via trace contamination. Trainers will avoid paying fines and getting suspended over environmental contagions. The new rules should also relieve trainers of being falsely accused and sentenced in the court of public appeal. The goal is to also simultaneously deter true cheaters, who will now be admonished quickly and decisively.

I recently attended my second advisory board meeting for HISA and came away from it more convinced than ever that it's what we as a sport, need to not only prosper but, to survive. We cannot continue to let cheaters be rewarded. We have seen two of the biggest names in our game charged for not playing by the rules. In my opinion that is just the tip of the iceberg. Anyone who believes that our industry doesn't need cleaning up doesn't live in reality.

Here's the unfortunate reality of our sport: The public is losing faith in our product, our foal crop is shrinking, we are politically toxic, influential non-profit organizations are publicly protesting outside our gates, and racetracks are closing. So if we want our business to continue for another generation, we need to change. If you have a better option and/or actual strategies on how to improve the system, I am all ears. Call, text, email or grab me by the arm the next time you see me-I relish the opportunity to make our sport better.

Unlike what some people think, the status quo is not an option to enable our industry to survive.

The post Op/Ed: The Status Quo is Not An Option appeared first on TDN | Thoroughbred Daily News | Horse Racing News, Results and Video | Thoroughbred Breeding and Auctions.

Source of original post

Open Letter to the Industry: We’ll Push for Positive Change, Flawed HISA is Not Answer

The National HBPA was approached by trainers Wesley Ward and Larry Rivelli to help facilitate this open letter to the industry. While this is being distributed by the National HBPA, which also assisted in putting the letter together, the sentiments are those of trainers Wesley Ward, Larry Rivelli and the undersigned horsemen and racing participants. They encourage others who agree with this letter to add their name by using the link here and below. More than 400 have signed up in 24 hours just from word of mouth. Because of time constraints, not all the names have been uploaded to the document (linked to here and elsewhere)–but they will be.

We, the undersigned, commit to being part of the solution in making the industry we love better, safer and improved for the three entities that make it all possible: horseplayers, horse owners and especially the horses.

In that regard, we believe the Horse Racing Integrity & Safety Act and the private Authority to which it delegates governmental powers has too many flaws, missteps and costs that could have been averted with true inclusion and transparency in its development.

Time and time again over the last several years, trainers have been asked to change. When those changes were for the good of the horse and the industry, we changed and adapted without any questioning. We now need to rally together for additional true, positive and lasting change for the good then we are ready to do just that.

However, meaningful change cannot be accomplished until the leadership of all stakeholders have real representation at the table–and from the beginning. That includes the National HBPA, America's largest organization representing Thoroughbred owners and trainers; the Association of Racing Commissioners International, whose years of hard work on model rules should be the starting point rather than largely ignored; the racetrack veterinarians, and the Jockeys' Guild.

We have the opportunity now to get this right, with the 5th Circuit Court of Appeals unanimously ruling HISA unconstitutional and the Federal Trade Commission declining to approve HISA's drug and medication rules that were to go into effect Jan. 1.

HISA is a wake-up call for the hard work of transformative change, though it is unfair to say there has been no change over the past couple of decades. There is far more uniformity than differences among racing jurisdictions.

Horsemen, including the National HBPA and its affiliates, have championed uniform rules based on science for years. Change in horse racing has come rapidly when it makes sense and truly is for the better of the industry. How quickly did it take us to get rid of anabolic steroids? Very.

We know horsemen can no longer sit on the sidelines, as many have done in the past, to now get this done right. We need to speak up, because we are experiencing the consequences when we do not.

We are extremely concerned about the price tag of HISA threatening to put small tracks and small stables out of business because, simply put, they cannot afford the cost. Horse racing cannot survive on only the largest circuits and with only the largest stables. We need venues for all classes of horses and all sizes of stables in order to support a healthy, sustainable Thoroughbred industry.

Small tracks and stables are a vital part of American racing's fabric, developing race fans and generations of future horsemen, and should not be considered as simply collateral damage.

Among other things we believe should be part of the dialogue as we work together:

There must be transparency and representation in both developing and executing the rules.

We, too, want stiff penalties for those succeeding in or attempting to circumvent the rules. But we also believe in due process.

Drug and medication policies that reflect the world in which we live, including the reality of environmental transfer and contamination of impermissible substances in trace levels that don't impact a horse's performance. We need to take a page from human testing, with reasonable, science-based screening levels.

“Gotcha” chemistry–finding a substance in single-digit picograms (parts per trillion) because today's advance testing can–that ensnares innocent parties is not helpful. One source of any negative public perception of racing is because some in leadership have conflated beneficial therapeutic medications with illegal drugs.

Horsemen and jockeys must have more say in developing safety rules, including crop regulations. While science is important, racing will only benefit from policies that allow for input from horsemen and veterinarians in the trenches.

We don't need cost-prohibitive government overreach with burdensome paperwork that takes away from what should be our main focus: our horses.

We, the undersigned, are committing today to push our fellow horsemen, racetracks and racing regulators to unite for positive, inclusive change. We've gotten our wake-up call. We look forward to working with the other stakeholders in our great industry for change done right.

The post Open Letter to the Industry: We’ll Push for Positive Change, Flawed HISA is Not Answer appeared first on TDN | Thoroughbred Daily News | Horse Racing News, Results and Video | Thoroughbred Breeding and Auctions.

Source of original post

Texas Federal Judge Won’t Grant Briefing Stay to HISA

Facing a United States Court of Appeals decision from the Fifth Circuit that the Horseracing Integrity and Safety Act (HISA) is unconstitutional and battling three similar lawsuits in various stages within the federal court system, the HISA Authority and the Federal Trade Commission (FTC) were informed Monday that a U.S. District Court judge in Texas won't grant those defendants a requested stay that would halt the briefing schedule in that case pending a final resolution of the Fifth Circuit order.

“No Good Cause Exists to Stay This Action,” wrote U.S. District Judge Matthew Kacsmaryk (Northern District of Texas, Amarillo Division) in his Dec. 12 order. “This is not one of the 'rare' circumstances in which Plaintiffs should be compelled to stand aside while Defendants litigate another case. Defendants make no showing of 'hardship or inequity' in complying with the briefing schedule they previously agreed to. Defendants were already aware of the then-pending appeal in [the Fifth Circuit] when they agreed to the schedule.

“The Court recognizes that the Fifth Circuit's decision [declaring HISA unconstitutional] could moot this challenge or clarify some of the issues,” the judge continued. “But Plaintiffs advance seven distinct constitutional challenges to HISA-including the nondelegation doctrine. Plaintiffs argue HISA violates the doctrine on three alternate bases. [The Fifth Circuit decision] considered only one of those bases. Thus, the Court does not anticipate that the final resolution of [the Fifth Circuit decision] will necessarily clarify the issues in this case by much.

“Additionally, Defendants are considering whether they will petition for a writ of certiorari before the Supreme Court. Hence, it could be months or even years before [the Fifth Circuit decision] reaches finality. Until then, a stay could unfairly harm Plaintiffs because [that order] only binds the parties in that case,” the judge wrote.

The judge did, however, give the HISA Authority 60 days of extra time by mandating a revised briefing schedule that now calls for the HISA and FTC defendants to file their combined responses to the plaintiffs' motion for summary judgment on or before Mar. 6, 2023, which in effect grants the defendants' motion in part.

The plaintiffs in the case are Global Gaming LSP, a limited liability company that owns Lone Star Park; Gulf Coast Racing LLC, the owner of a greyhound track in Nueces County, and both LRP Group Ltd. and Valle De Los Tesoros, which are two limited partnerships separately looking to operate new horse tracks in south Texas. They collectively filed their suit July 29, seeking declaratory and injunctive relief and a preliminary injunction against HISA.

The Fifth Circuit suit was initiated by the National Horsemen's Benevolent and Protective Association (NHPBA) back in 2021. That case was dismissed by a federal judge Mar. 31, 2022, but the Fifth Circuit reversed that decision Nov. 18.

That NHBPA lawsuit is separate from a similar 2021 anti-HISA complaint, again over alleged constitutional issues, headed by racing commissions and attorneys general in Oklahoma and West Virginia. That case, too, was dismissed by a federal judge on June 3, 2022, but the plaintiffs appealed the decision to the Sixth Circuit, which heard arguments on reversing that decision Dec. 7.

A fourth lawsuit, in which both HISA and the FTC are defendants in a complaint initiated by the states of Louisiana and West Virginia, plus the Jockeys' Guild, alleges unconstitutionality and federal rulemaking procedure violations regarding HISA's initial framework of regulations that went into effect July 1. According to the electronic court docket, there has been no filing activity in that case since Sept. 7.

The post Texas Federal Judge Won’t Grant Briefing Stay to HISA appeared first on TDN | Thoroughbred Daily News | Horse Racing News, Results and Video | Thoroughbred Breeding and Auctions.

Source of original post