CHRB Meeting: HISA, Accident Taskforce, Betting Option Menu

Newly minted California Horse Racing Board (CHRB) member, Thomas Hudnot–an education consultant and a former racehorse owner–enjoyed a relatively smooth landing on his first public day on the job, with few of the highly combustible topics on the monthly commission meeting agenda that have lit the touch paper during any number of board meetings these past few years.

The meeting, however, did signal a potential brewing storm in the shape of the Horseracing Integrity and Safety Act's scheduled implementation of its racetrack safety rules July 1.

CHRB executive director, Scott Chaney, pointed out that HISA's crop rules–which allow for overhand use of the whip–are more permissive than those currently in place in California, which prohibits use of the whip above the shoulder.

Furthermore, HISA's Anti-Doping and Medication Control program, which is set to go into effect early next year, currently restricts the administration of pre-race mediations to 24 hours, in contrast to the CHRB's 48-hour cut-off.

These two areas give Chaney cause for “concern,” he said, adding that he is in frequent communication with the new CEO of the Horseracing Integrity and Safety Authority–the broad non-profit umbrella established by HISA and commonly referred to as just the “Authority”–to find a solution to these issues “which are frankly non-starters for California.”

“I am hopeful that we can reach a resolution in which there will not be any loosening of the rules already in place here,” said Chaney.

Chaney also broached the prickly issue of HISA's cost, saying that “the current reg's require that they provide the amount of California's contribution by Apr. 1.” Before then, he added, the CHRB will begin negotiations with the Authority to conduct as many of the functions under the new federal rules as the law permits.

Needless to say, Chaney said, “this implementation is very fluid, and will require both the Authority and the CHRB to be flexible as we both seek to promote human and animal welfare.”

Earlier in the meeting, California Thoroughbred Trainers (CTT) executive director, Alan Balch, provided a status update on the accident prevention taskforce created late last year to systematically study the myriad factors behind fatal equine injury.

The key component of Balch's presentation concerned shoulder fractures–a common cause of catastrophic injury in racehorses.

These types of injuries have long bedeviled veterinarians and trainers due to their subtlety of visible symptoms, and the sheer difficulty of diagnosing them prior to a catastrophic breakdown occurring.

“As you know, if we could eliminate shoulder fractures, our safety record would improve even more significantly,” said Balch.

One especially high-risk group of horses said Balch–floating the findings of a nationwide statistical survey performed by The Stronach Group chief veterinarian, Dionne Benson–are those returning to training from lay-offs.

“Generally, the factors are lay-offs of 90-days or more,” said Balch, “and possibly a premature return to serious training once they've returned to the track or an auxiliary facility.”

In short, explained Balch, the general understanding in the equine medical world is that in horses returning to training after a break, the musculature develops faster than the bone can remodel, and that horses can appear outwardly fit enough to handle a degree of exercise greater than the bone is able to withstand.

And so, what's to be done?

California trainers are required to routinely complete continuing education courses, covering a variety of topics from track surfaces to pre-race examinations, as well as those on shoulder fractures.

Most California trainers have completed the shoulder-related module, but not all, admitted Balch. In response, the CHRB discussed a variety of amendments to the rules to potentially mandate completion of the module, including making it a prerequisite for re-licensing.

In the meantime, the CTT will contact over the next 30 days all trainers who have skipped the online course to encourage them to complete it, said Balch.

More broadly, the aim of the accident taskforce “is to provide a statistically sound guide, perhaps even by way of a rule based on verified evidence, of steps which must be taken before a horse returning from a lay-off of a specified period can gallop or work at speed,” Balch explained.

During a report about the prior day's pari-mutuel and wagering committee meeting, commissioner Dennis Alfieri explained how the Xpressbet wagering platform has developed a technology allowing gamblers to select an alternative primary selection in multi-race wagers–such as a pick four, pick five, or pick six–in the event their primary pick is a late scratch.

The new feature was launched to online customers in mid-February, said Alfieri.

The technology was developed in response to the Modern Games debacle at last November's Breeders' Cup Juvenile Turf, when a veterinarian prematurely scratched the horse, only for the Godolphin runner to be reinstated into the race for purse-money only.

Modern Games ultimately won the race, with winning returns going to the second-place finisher, Tiz the Bomb. And while many multi-race gamblers who selected Modern Games automatically received the eventual favorite, Dakota Gold, instead, that horse eventually finished out of the frame in fifth.

Alfieri explained that Chaney had suggested at the pari-mutuel and wagering committee meeting that the CHRB make this wagering option a condition of licensure for other betting platforms when their licenses are up for renewal.

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Motions to Dismiss Now Active in Both HISA Constitutionality Lawsuits

Defendants in one of two currently active federal lawsuits aiming to get the Horseracing Integrity and Safety Act (HISA) and its regulatory Authority voided for alleged constitutional violations fired back Aug. 16 with a two-pronged motion to dismiss the case.

This is the suit brought Apr. 26 by state governments and private entities. Oklahoma and its racing commission are joined as plaintiffs by West Virginia and its racing commission, plus the state of Louisiana. Three Oklahoma tracks–Remington Park, Will Rogers Downs and Fair Meadows are also among the plaintiffs.

The defendants are the United States of America, the HISA Authority, and six individuals acting in their official capacities for either HISA or the Federal Trade Commission (FTC).

This lawsuit is separate from the similar complaint over constitutional issues initiated by the National Horsemen's Benevolent and Protective Association against FTC members that is also currently facing a “motion to dismiss” by the defendants.

According to two documents filed Monday in United States District Court (Eastern Division of Kentucky), the defendants told the court that the plaintiffs' suit “falters out of the starting gate, as no Plaintiff has alleged an injury that satisfies Article III standing or has pressed a claim that is ripe for review.”

The motion to dismiss argues that “The FTC has not considered or subjected to notice-and-comment a single proposed rule under the Act, and any rule that the FTC may ultimately promulgate would not take effect until July 2022. Plaintiffs' allegations of harm are thus conjectural at best.

“Moreover, the non-Thoroughbred associations …will never be subject to the FTC-approved rules unless they or other third parties independently make that election. And the States' asserted harm from federal preemption is not fairly traceable to–rather, is inconsistent with–the commandeering claim they actually press.”

The filing continues: “Beyond those threshold stumbling blocks, Plaintiffs fail to state a claim on the merits. Their lead theory is that the Act unconstitutionally delegates legislative power to the Authority. But longstanding Supreme Court precedent makes clear that private entities may lawfully assist the development and implementation of federal regulation so long as the agency retains final review.”

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Lukas Argues Drug Threshold Levels

Bob Baffert has been placed the squarely in the cross hairs over Medina Spirit (Protonico)'s Betamethasone positive following last week's GI Kentucky Derby and amid the chorus of criticism, admonishment and outright verbal assault, a fellow Hall of Famer took up the mantle of defense for his beleaguered colleague.

“Unfortunately, it is the story of this Preakness,” said D. Wayne Lukas, who has won the second jewel of the Triple Crown six times. “Racing doesn't deserve to get the black eye for something this minor. Now, if there is an all-out performance- enhancing drug, that's obviously different. But that just wasn't the case in this instance.”

Lukas, who created his own stir earlier this week with a statement made in defense of Baffert when he suggested a test at this level should be thrown out, underscored what he felt was the central idea lost in the dissemination of his comment making its way through social media.

“The thresholds are so low now that [trainers] are all fair game,” he explained. “I'm here looking at my horses and think I could be next. It could be any one of them in the Preakness or any of these races the way the thresholds are set.”

In regards to the ensuing media nightmare ignited by this week's revelation, Lukas argues that many outside of the industry might not fully understand the facts in a case like the latest to take the nation by storm.

“The average fan following the news doesn't really get the scale of a picogram,” he said. “They think it's a blatant violation and that the horse had something in his system that enhanced his performance. And we can't explain that to everyone, so racing overall gets a black eye.”

He continued, “Testing is so sophisticated and sensitive nowadays that even a negligible level could fail. The drug thresholds have just gotten lower and lower and I really think we've legislated ourselves into a hole here. I really think we've painted ourselves into a corner with what I believe to be, in many cases, unrealistic levels.”

“Trainers have become so conscious of what we're giving to our horses,” he said. “I know that certain eye ointments have substances that would cause a violation. You have to be very careful what's on the label these days. Even then, with everything we feed them and everything we put on them now you are scrutinized pretty intensely.”

A trainer for over five decades, Lukas said he takes a basic approach in his own operation, while trying to navigate the razor-edge balance between maintaining optimal health in his animals while steering clear of a much-dreaded raceday positive.

“Part of the issue is that the withdrawal times we are given are often very limited,” he said. They're not always accurate or don't take into account all the factors. They tell us the withdrawal time is four days and somebody still gets a positive test even though they withdrew at six days. So, what I do is I just double it. If they tell us there is a four-day withdrawal, I automatically double it, so that's eight days on our books. You have to go beyond what they tell you because there are a lot of inaccuracies in that regard. There have been a lot of positives of late where trainers followed the guidelines they were given and still got a positive.”

And as the sport continues to regain its footing after its latest assault, Lukas offered a pragmatic approach to maintaining the health of sport.

“I hope the Horse Racing Integrity Act takes a realistic approach and sets the thresholds at a reasonable level and in a uniform way, so we're not failing for topical dressings and eye ointments, as in the case this week. Bob is under the gun right now, but it could have been any one of us.”

 

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Baffert Reveals Betamethasone Positive for Derby Winner Medina Spirit

Bob Baffert told the media Sunday morning at Churchill Downs that his stable was informed by the Kentucky Racing Commission that GI Kentucky Derby winner Medina Spirit (Protonico) has tested positive for the medication betamethasone. Betamethasone is a corticosteroid.

During a 10-minute news conference (click for video), Baffert repeatedly proclaimed his innocence.

“All I can tell you is that betamethasone is an allowed therapeutic medication, but we did not give it to this horse,” Baffert said. “In fact, Medina Spirit has never been treated with Betamethasone. I cannot believe that I am here before you guys. Yesterday, I got the biggest gut punch in racing for something I did not do.”

Baffert said Medina Spirit was found to have 21 picograms of the drug in his system.

Baffert said that Kentucky racing officials contacted his assistant, Jimmy Barnes, on Saturday to give him the news, which he then relayed to Baffert.

For the sport's most prominent trainer, Sunday's news was the latest in a series of drug positives related to the Baffert stable. In each case, the Hall of Fame trainer has denied any wrongdoing.

This story will be updated.

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