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IL HBPA Withholds Consent for TwinSpires to be in State

Edited Press Release

The organization representing owners and trainers at FanDuel Sportsbook and Horse Racing (formerly known as Fairmount Park) is withholding consent for the TwinSpires betting platform to accept wagers from Illinois residents.

The board of the Illinois Horsemen's Benevolent & Protective Association cites the closure of suburban Chicago's industry icon Arlington Park by Churchill Downs Inc., TwinSpires' parent corporation, as a prime motivation for withholding consent. With CDI not owning a functioning racetrack in Illinois in 2022, TwinSpires must under state law have a contract with another duly licensed track to conduct business in the state starting Jan. 1. The only remaining Prairie State horse tracks are FanDuel and Chicagoland's Hawthorne Race Course, with CDI seeking approval through the FanDuel track.

Illinois law also gives horsemen consent rights before an advance-deposit wagering (ADW) platform can enter into a relationship with an Illinois track to conduct business in the state.

Illinois HBPA president Jim Watkins said his organization's board believes the issue is of the magnitude that it should go before the Illinois Racing Board. The IRB has scheduled a hearing Dec. 16 at 10 a.m. Central via WebEx. The racing regulators have the power to overrule the horsemen's veto if they believe the horsemen's action was unreasonable, he said.

“That's where we're at now,” Watkins said. “We just felt this was an issue the racing board should be able to weigh in on, whether TwinSpires continues to be allowed to operate in Illinois. That's a big reason we withheld our consent.”

Watkins said the horsemen are upset not just that CDI shut down Arlington Park but then would not sell to ownership wishing to maintain racing at the 94-year-old track. CDI is the majority owner of Rivers Casino Des Plaines, located 10 miles from Arlington Park. The company has an agreement to sell the Arlington Park property to pro football's Chicago Bears for a reported $197 million.

“CDI wants their cake and to eat it, too: 'We're not willing to be involved in the racing, but we want to still utilize our ADW powers in Illinois,'” Watkins said.

Watkins said the Illinois HBPA also “wants to bring light to a flawed system” under which online betting platforms operate. Watkins said that the ADWs make the lion's share of the net proceeds at the expense of horsemen's purse accounts and brick-and-mortar tracks and simulcasting facilities, even as the online technology siphons off the majority of bettors.

“This is where the system is really flawed,” he said. “It's an agreement between three parties. In Illinois, the track and the ADW provider negotiate the contract, and the third–the horsemen–is just the consenter. There are so many questions left unanswered. Obviously with the increased numbers of people using ADWs, the horsemen and the tracks get so much less of that it could spell doom for us. The framers of these ADWs intended for it to basically be a third to the provider, a third to the track and a third to the horsemen. But they take out fees up front, and those fees are unspecified in purpose and amount. What is an ADW fee? What does that mean? The racetracks don't ask the ADW to pay their security payroll and the electric bill. And the horsemen don't ask the ADW company to pay the feed bill and hay bill and straw bill.”

The Illinois HBPA signed a one-year contract with TVG to operate in Illinois, Watkins said. FanDuel, part of the corporate enterprise that operates the TVG racing channel and betting platform, is the southern Illinois track's equity partner to operate the sports book. While the company is not a partner in the racetrack, it received branding and naming rights as part of a contract that includes the long-term sponsorship of the St. Louis Derby, worth $250,000 in 2021.

Click here for previous TDN story on CDI's request for IRB approval.

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Jockey Basketball Game for Charity Returns to the Spa

After a hiatus in 2020 due to COVID-19, the 13th Annual Charity Basketball Game featuring jockeys against horsemen will be held Wednesday, Sept. 1. Proceeds from the event, which will take place at the Saratoga Springs Recreation Center at 6:30 p.m., will benefit the programs of the New York Race Track Chaplaincy. Admission is free.

Hall of Famer Angel Cordero, Jr. will coach the jockey team, while 2021 Hall of Fame inductee Todd Pletcher will coach the horsemen team alongside trainer-turned-agent Kiaran McLaughlin. NYRA's Mitch Levites will do the announcing.

“We are delighted to be able to play the game this year,” said Humberto Chavez, lead chaplain and executive director of the New York Chaplaincy. “This is a cherished tradition, and everyone really missed it last year. The funds go to support the backstretch community and Saratogians are great supporters of those who take care of the horses behind the scenes.”

Raffle prizes for attendees will include an Apple watch and a custom, autographed Irad Ortiz, Jr. bobblehead. For more information or to sponsor the game, visit www.rtcany.org or call Eleanor Poppe at 516-428-5267.

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Horsemen File Federal Suit Against New Mexico Commission

Edited Press Release

The New Mexico Horsemen's Association filed suit against the New Mexico Racing Commission in federal court late Monday, charging the regulatory body with depriving racehorse owners and trainers of their civil rights and other violations. The horsemen seek compensatory damages, legal fees and other relief the court deems appropriate.

“The horsemen finally said, 'Hold it. How many constitutional laws can you continue to violate? How many statutes can you continue to ignore?'” said Gary Mitchell, attorney for the New Mexico Horsemen's Association (NMHA). “The horsemen said, 'Enough. We don't have any other place to go but federal court. We need this to stop.'”

The NMHA, which represents about 4,000 Thoroughbred and Quarter Horse horsemen in New Mexico, already has two lawsuits pending in state court against the New Mexico Racing Commission (NMRC).

Previously precluded from communicating with the commission, contacting any commissioners or attending the regulatory agency's public meetings on, the NMHA turned to the federal court–filing against the NMRC, as well as the individual commissioners–under Section 1983 of the Civil Rights Act and the New Mexico Tort Claims Act. The action creates the potential for individual members of the commission to be held personally liable.

“The commissioners are deliberately attempting to do away with the horsemen's association,” Mitchell said. “We're prepared to prove, in court, that this is being done intentionally. They haven't hesitated to do everything in their power to shut out New Mexico's horsemen, and ultimately shut down the NMHA.”

The NMHA filed suit in the Second Judicial District Court in Bernalillo County in December to stop the commission's years-long practice of taking horsemen's purse money to pay the racetracks' liability insurance on jockeys and exercise riders, in clear violation of state law. The NMHA stated the funds amount to over $8 million. The horsemen returned to court in May after the commissioners ordered tracks to shut off the NMHA's revenue stream, derived from access to funds horsemen have earned from purses.

According to the NMHA, the funds in question are used to pay medical fees for its members, the NMHA's Political Action Committee and administrative costs, including the oversight of the purse account for the horsemen and the state's five racetracks.

“We have never taken money from the purse funds to benefit our organization,” Mitchell said. “In fact, we took our own money to pay for the accounting, collection, management, dispersal and annual audits of how this money is handled. The taxpayer was not paying for us to do all of this. We were doing it for free, paying for it through contributions from our members, and the commissioners now say 'stop.'”

He continued, “They wish to get their hands on this money and use it how they see fit–which is basically to pay the costs of running the racetrack, thereby allowing more money to go into the casinos' pockets. Sadly, the commission, which is supposed to be fair and equal to everybody, sees no obligation to be fair to the horsemen.

“Allowing gaming at racetracks in New Mexico was done to save racing,” Mitchell said. “The racetracks cannot have gaming unless they have racing. The law is very clear about it. The gaming compact is clear about it. The Gaming Control Act is clear about it. The Horse Racing Act is clear about it.”

Additionally, the NMHA states that funds have been directed into owners' earnings based on race results.

“When the race is run, the purse is paid and that now becomes the winning horseman's money,” said long-time racehorse owner and NMHA President Roy Manfredi. “By their actions, the racing commission has taken away the NMHA's ability to provide financial assistance to horsemen in need. That's the same as saying you cannot donate to the March of Dimes, the NRA or any other organization, simply because your employer doesn't like the March of Dimes or the other organization. Once the money is paid to an individual who owns a horse, that money is theirs and they can do whatever they want with it. During the pandemic, the NMHA provided $100,000 in alfalfa and grain to the horsemen when we weren't able to run.”

“All we've ever asked them to do is just follow New Mexico state statute, which are laws. This commission considers them suggestions.”

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Ontario: Quarter Horse Industry Eligible For Equine Benefit Payments

Ontario Racing is pleased to announce that Quarter Horse horsepeople will have the opportunity to access certain purse funds that remain available under the Long-Term Funding Agreement with Ontario Lottery and Gaming Corporation (OLG) in the event that live racing at Ajax Downs is suspended due to the COVID-19 pandemic.

The funds made available in the form of equine support payments correlate directly to Long-Term Funding Agreement purse funds that have been foregone as a result of the lockdown measures from the cancelled May race days. If live racing is still prohibited under provincial orders related to COVID-19 at the end of May, a new round of funding may be available to Quarter Horse horsepeople (subject to approvals) with new requirements for eligibility. Information pertaining to a potential benefit payment beyond May will be provided in a subsequent communication.

The aforementioned funds were already committed to the industry through the Long Term-Funding Agreement for Live Horse Racing between Ontario Racing and OLG.

In response to the COVID-19 pandemic, Ontario Racing created a task force, as it did during the spring lockdown in 2020, to address the financial impacts to horse racing in Ontario.

“We are pleased to be in a position to offer these equine benefit payments to the Quarter Horse industry,” said John Hayes, Chair, Ontario Horse Racing. “From the onset of the pandemic last spring, Ontario Racing, along with OLG, and industry representatives, have worked diligently to assist horsepeople across the province whose livelihoods have been affected by COVID-19.”

Eligibility Requirements

Horses are currently stabled in the province of Ontario; 3 YO and older horses are in active training for the upcoming 2021 Quarter Horse season at Ajax Downs as verified by the Quarter Horse Task Force.
Horses must have made a start during the 2020 racing season as verified on Equibase. 3 and 4 YO horses that did not make a start during 2020 but were in training during 2020 may apply. Approval is at the discretion of the Quarter Horse Task Force and supporting documentation may be required.
Horses meeting this criterion must apply for eligible equine welfare payments using the below application form.

Application form:

The Quarter Horse Equine Benefit application for this payment can be found here (Application Form). The deadline to submit your application to Ontario Racing is May 28, 2021. All mailed applications must be postmarked by May 28, 2021 in order to be deemed eligible. Please email or mail completed applications to:

Attn: Karen Allen – kallen@ontarioracing.com
Ontario Racing Management
555 Rexdale Boulevard
Toronto, ON
M9W 5L2

Important Notes:
·       All payments received must be used for the care and maintenance of Quarter Horse horses.
·       Any horse receiving assistance under this program must be in the province of Ontario. Horses that are trained by an AGCO licensed Trainer who predominantly races at Ajax Downs but are not stabled in Ontario may apply. Approval is at the discretion of the Quarter Horse Task Force. Horses approved under this criterion will be required to race at Ajax Downs for the entire 2021 meet, if approved to receive funding.
·       Once racing resumes in Ontario, horses who have received benefits under this program MUST make their first start at an Ontario Quarter Horse racetrack.
·       Ontario Racing reserves the right to request additional information to ensure all criteria has been met. Those receiving benefits under the program could be subject to an audit by Ontario Racing. Failure to meet the criteria will result in all amounts being repaid to Ontario Racing.
·       All decisions are at the discretion of Ontario Racing and are ABSOLUTE and FINAL.
·       Horses are currently under the care of an AGCO licensed trainer at the time the application is submitted.

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