A Farrier’s Intervention

Curtis Burns is passionate about horses. Like many in the horse industry, he credits the horse for everything that he has. A lifelong horseman, he grew up in the Minnesota, noting his then small stature had him poised to be an exercise rider or jockey prospect. However, at around age 14 a chance opportunity led him to the racetrack.

“Pretty much from there I never went home,” he said.

Burns now wears many hats–farrier, innovator, teacher, and the manufacturer of the Polyflex Shoe and other farrier products. He told the TDN he was willing to step out of the shadows of the backside to lend a voice to ongoing concerns he has fielded in recent weeks from multiple farriers from several jurisdictions about one of the new Horseracing Integrity and Safety Act (HISA) regulations.

Burns shared photos of recently removed horseshoes provided to him by farrier Gary Gullo highlighting the severely compromised integrity of front shoes lacking extra toe, in accordance with HISA rules. Burns explained that the issue was popping up at tracks where the horses traverse the backstretch on pavement or macadam, which was leading to severe wear in the front of the shoe. He said that without the extra toe, the realities of maintaining the aluminum shoes' integrity is proving challenging.

Additionally, reports include observations of abnormal dorsal hoof wall wear, with some back to the white line, which is not good for Thoroughbreds, who are famously thin-walled and sensitive.

Queen XT horseshoes–widely worn until the new regulations came into effect–offer a hardened steel toe piece extending two millimeters above the aluminum, acting as an additional durable layer for the aluminum plate when coarse surfaces are encountered.

“We are just about a month in a half into the new rules,” said Burns. “We are not seeing the problem everywhere. However, the Queen XTs, with a hardened steel strip on the toe no more than the width of quarter, eliminates the aluminum wearing away with each foot fall. Honestly, I wasn't overly concerned when the initial rules came out, however, some of the shoes are wearing significantly.”

Burns said that he was a staunch HISA supporter, noting that during his years of travel around the country, “I struggled a lot just getting licenses and with the differing regulations. I often thought, 'why in the world are we not able to get a uniform license, we are all doing the same thing?'”

Burns indicated he was optimistic for HISA's mandate and future, and hopeful that HISA regulations will level the playing field. However, he also added his hope that HISA would reevaluate the shoeing rules in light of this new evidence and allow for the use of Queen XTs.

By design, he said, having the additional steel better maintains the integrity of the soft metal aluminum toe, offering better resistance to the abrasive surfaces horses encounter at some backside stabling areas.

Burns also reinforced the need to change certain vocabulary, clearly defining what should be considered a 'traction device.'

“It's not a traction device,” he said. “It's a wear plate. All we are asking for is the Queen XT, which eliminates the wear problems that we are starting to see. Most of the top barns have generally always used these. If they would have just said Queen XTs all the way around, I wouldn't have thought that much of it the new HISA rulings. I didn't see how that would be detrimental to the horse.”

Burns said that the unusual wear pattern he described has also created issues for trainers who are forced to “short cycle” the normal four-week interval for shoeing to avoid the potential for injury or catastrophic consequences caused by the shoe's deteriorating integrity. With a shortened shoeing cycle, farriers are faced with limited amounts of hoof to trim, as well as an additional possibility that the hoof wall will be further compromised with additional nailing. Additional consequences of the shortened shoeing cycle include the further cost outlays for trainers, owners, and farriers.

Burns said that he hoped that HISA would consider these findings and further contemplate an amendment with an allowance for the usage of a wear plate up front. He noted the organization's willingness to amend a shoeing rule to allow for traction devices to be used behind after reports of slippage due to a lack of traction behind, the source of the horse's power.

When asked to comment, HISA offered the following statement: “HISA's shoeing rules were created and refined in collaboration with horsemen, and HISA will continue to listen to feedback from farriers and other experts as we implement HISA's rules. The rules were drafted with equine safety and welfare as the top priority above all else. HISA's decisions have been consistently rooted in research, and as additional research continues to emerge, HISA will ensure its policies are always grounded in the latest science. HISA also continues to work directly with manufacturers to ensure they are producing shoes that comply with HISA's rules and prioritize equine safety.”

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InCompass Launches EquiTAPS

InCompass Solutions has launched EquiTAPS, a free service that enables users to submit veterinary treatment and procedure records to racing authorities for horses in their care and to give authorized parties in other jurisdictions access to those records.

EquiTAPS satisfies reporting requirements as set forth by the Horseracing Integrity and Safety Authority (HISA) and will accept records submitted by covered persons as defined by HISA, including trainers and veterinarians. When required by HISA's regulations, treatment and procedure information entered into EquiTAPS will be automatically forwarded to HISA.

“We are excited to offer EquiTAPS, which will assist horsemen and veterinarians of all racing breeds to keep track of horses in their care while working in compliance with HISA, which has jurisdiction over Thoroughbreds,” said Chris Dobbins, senior vice president of InCompass. “We believe this service provides a bridge between horsemen, racetracks, and HISA for the welfare of the racehorse.”

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Drafted Owners Appeal HISA Ruling

The owners of Drafted (Field Commission) have appealed a ruling handed down by the Horse Racing Integrity and Safety Authority (HISA) that could cost them $26,000 in purse money because their jockey Luis Castro violated HISA rules regarding the use of the whip. The incident occurred in the GI Forego S., where Drafted finished fifth.

NYRA stewards determined that Castro hit the gelding 10 times during the race. Under HISA regulations that have been in place since July 1, a rider cannot whip a horse more than six times.

According to the Daily Racing Form, under HISA rules, if a jockey strikes a horse seven to nine times during a race, there is no loss of purse. Instead, the rider is fined and suspended for one day. And when a jockey hits a horse 10 to 13 times, the jockey receives a three-day suspension and the horse is disqualified when it comes to purse earnings.

The owners are Thomas O'Keefe, Truls Engebretsen and Kevin Hilbert and they are seeking a reinstatement of the purse. The trainer is David Duggan. The group is being represented by attorney Andrew Mollica. Mollica contends that the owners' rights to due process have been violated because there was no hearing and no appeal process.

“My clients are making a serious appeal here,” Mollica said. “The loss of purse money by owners for alleged crop violations is not only unconstitutional it is flat our wrong. My clients are fighting this not only for themselves but all owners who race in New York. It is a cause that frankly all NYTHA should join because all of its members will one day or another be adversely effected.”

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Weekly Rulings: Aug. 22-28

Every week, the TDN publishes a roundup of key official rulings from the primary tracks within the four major racing jurisdictions of California, New York, Florida and Kentucky.

Here's a primer on how each of these jurisdictions adjudicates different offenses, what they make public (or not) and where.

With the Horseracing Integrity and Safety Act (HISA) having gone into effect July 1, the TDN will also post a roundup of the relevant HISA-related rulings from the same week.

California
Track: Del Mar
Date: 08/26/2022
Licensee: James Marsden, owner
Penalty: Suspended license
Violation: Financial responsibility
Explainer: Owner James Marsden, having failed to respond to written notice to appear before the Board of Stewards at Del Mar Race Track on Aug. 25, 2022, is suspended for violation of California Horse Racing Board rule #1547 (Failure to Appear) pending an appearance at a hearing before the Board of Stewards to answer to charges alleging violation of CHRB rule #1876 (Financial Responsibility- $343.75 to KC Horse Transport). Suspension to commence on Sept. 2, 2022. During the term of this suspension, all licenses and license privileges of James Marsden are suspended and pursuit to California Horse Racing Board rule #1528 (Jurisdiction of Stewards), subject is denied access to all premises in this jurisdiction.

Track: Del Mar
Date: 08/28/2022
Licensee: Ruben Alvarado, trainer
Penalty: $1,000
Violation: Improper report of gelding
Explainer: Trainer Ruben Alvarado is fined $1,000 pursuant to California Horse Racing Board rule #1629 (Penalty for Late Declaration) and for violation of California Horse Racing Board rule #1865 (Altering of Sex of Horse) for failure to properly report the gelding of the horse Anmer Hall who was scheduled to run in the eighth race at Santa Anita Park on June 19, 2022, which resulted in a late declaration.

New York

Track: Saratoga
Date: 08/24/2022
Licensee: Joel Rosario, jockey
Penalty: Three-day suspension
Violation:  Careless riding
Explainer: For having waived his right to appeal Jockey Joel Rosario is hereby suspended three (3) NYRA racing days August 28th 2022, August 31st 2022, September 1st 2022 inclusive. This for careless riding during the running of the third race at Saratoga racecourse on Aug. 18, 2022.

Track: Saratoga
Date: 08/24/2022
Licensee: Irad Ortiz, jockey
Penalty: Three-day suspension
Violation: Careless riding
Explainer: For having waived his right to appeal Jockey Irad Ortiz Jr is hereby suspended three (3) NYRA racing days Aug. 31 2022, Sept. 1, 2022, Sept. 2, 2022, inclusive. This for careless riding during the running of the eight race at Saratoga racecourse on Aug. 18. 2022.

NEW HISA STEWARDS RULINGS
Note: While HISA has shared these rulings over the past week, some of them originate from prior weeks.

Violations of Crop Rule
Albuquerque Downs
Angel Perez – ruling date August 27, 2022
Frankie Martinez – ruling date August 27, 2022

Canterbury Park
Constantino Roman – ruling date August 14, 2022
Miguel Arroyo – ruling date August 14, 2022
Sofia Barandela – ruling date August 14, 2022
Crystal Conning – ruling date August 17, 2022
Eduardo Gallardo – ruling date August 18, 2022

Delaware Park
Horacio Karamanos – ruling date August 26, 2022
Jariro Rendon – ruling date August 27, 2022

Del Mar
Juan Hernandez – ruling date August 25, 2022
Joe Bravo – ruling date August 26, 2022

Evangeline Downs
Paulina Ramirez – ruling date August 19, 2022
Treylon Albert – ruling date August 20, 2022

Fanduel / Fairmount Park
Javier Tavares – ruling date August 27, 2022

Finger Lakes
Jose Rohena – ruling date August 24, 2022
Jeremias Flores – ruling date August 24, 2022
Steven Fret – ruling date August 24, 2022

Saratoga
Amin Castillo – ruling date August 26, 2022
Jose Gomez – ruling date August 26, 2022
Luis Rodriguez Castro – ruling date August 27, 2022
Jose Lezcano – ruling date August 27, 2022
Dylan Scott Davis – ruling date August 28, 2022

Thistledown
Alexander Chavez – ruling date August 25, 2022

Mountaineer Park
Jose Davila – ruling date August 24, 2022

Voided Claims
Ellis Park
Maysville Miss – ruling date August 21, 2022

Canterbury Park
Shotgun River – ruling date August 14, 2022

Finger Lakes
Chris Englehart – ruling date August 29, 2022

Horseshoe Indianapolis
The Feature – ruling date August 24, 2022

Monmouth Park
Reckless Place – ruling date August 22, 2022
Ray Arewethereyet – ruling date August 27, 2022
Gennie Highway – ruling date August 27, 2022

Prairie Meadows
Lucky April – ruling date August 27, 2022

Belterra Park
Pepper Pike – ruling date August 22, 2022

Parx Racing
Outline – ruling date August 23, 2022
Starship Charly – ruling date August 24, 2022
Enraged – ruling date August 24, 2022
Uncle Gary G – ruling date August 24, 2022
Broad Jumper – ruling date August 24, 2022

Violations Involving Forfeiture of Purse
Thistledown
Alexander Chavez – 13 strikes – $500 fine, 3-day suspension; 5 points; horse disqualified from purse

Evangeline Downs
Paulina Ramirez – 12 strikes – $500 fine, 3-day suspension; 5 points; horse disqualified; and purse redistributed

Albuquerque Downs
Frankie Martinez – owner, jockey did 13 strikes – purse redistribution

Appeal Request Updates
Mountaineer Park
Jose Davila
Crop rule violation
Ruling date August 23, 2022
Appeal filed August 25, 2022
Stay requested and granted

Mountaineer Park
Jose Davila
Crop rule violation
Ruling date August 24, 2022
Appeal filed August 26, 2022
Stay requested and denied

Gulfstream Park
Chantal Sutherland
Crop rule violation
Ruling date August 21, 2022
Appeal filed August 26, 2022
Stay requested and granted

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