“Our inaugural annual report reflects our journey toward a safer, fairer and more resilient future for horse racing,” said HISA CEO Lisa Lazarus. “The success of HISA's programs relies on steady partnership among the tracks, trainers, riders, owners, veterinarians and state regulators who comprise the sport. Only by working together can we make Thoroughbred racing safer for its equine and human athletes.”

The Annual Metrics Report provides stakeholders with key data collected in 2023 at 50 racetracks in 20 states as part of HISA's Racetrack Safety Program, which went into effect July 1, 2022.

Highlights of the report include: accreditation visits to 21 tracks last year; creation of a centralized online database of horses and people involved in the sport, enabling treatment records and other information to be accessed by racetracks and officials across the country; a racing participant registration, which as of Dec. 31, 2023, had registered approximately 33,000 Covered Persons, 55,000 Covered Horses and 1,000 veterinarians actively involved in the daily and specialized care of equine athletes.

Other highlights from the report:

Racetracks operating under HISA's rules reported 1.23 racing-related equine fatalities per 1,000 starts in 2023. That rate is down from the rate reported by The Jockey Club in its Equine Injury Database (EID) in 2022 (1.25 per 1,000 starts) and is lower than the national rate reported in The Jockey Club's 2023 EID (1.32 per 1,000 starts).

The Jockey Club's 2023 EID also shows that non-HISA tracks reported a rate of 1.63 racing-related equine fatalities per 1,000 starts.

In 2023, HISA reported 4.40 crop rule violations per 1,000 starts, which is down from 5.09 violations per 1,000 starts in 2022.

To read the complete report, click here.

The Horseracing Integrity & Welfare Unit (HIWU) is expected to release a separate annual report detailing metrics from the Anti-Doping and Medication Control (ADMC) Program soon.

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Among this most recent set of rulings, trainer Robert Fiesman was suspended seven days and fined $1,000 for his second positive finding for phenylbutazone since HISA's anti-doping and medication control program (ADMC) went into effect.

Phenylbutazone is a Class C controlled medication under HISA. A second Class C offense within a 2-year period comes with a maximum 15-day suspension and $1,000 fine.

Jonathan Maldonado has similarly been suspended seven days and fined $1,000 after his trainee, Kapadokya, tested positive for the Class B controlled medication, capsaicin, after winning at Laurel Park on Feb. 10. Capsaicin is a topical analgesic.

NEW HISA/HIWU STEWARDS RULINGS

The following rulings were reported on HISA's “rulings” portal and through the Horseracing Integrity and Welfare Unit's (HIWU) “pending” and “resolved” cases portals.

Resolved ADMC Violations

Resolution Date: 03/26/2024
Licensee: Riley Tucker Mott, trainer
Penalty: A fine of $3,000; imposition of 3 Penalty Points. Admission.
Explainer: A possible violation of Rule 3314—Use or Attempted Use of a Controlled Medication Substance or a Controlled Medication Method—on the horse, Brian. This was also a possible violation of Rule 4222—Intra-Articular Injections Within Seven (7) Days of Timed and Reported Workout.

Resolution Date: 03/26/2024
Licensee: Sally Rivera, trainer
Penalty: A fine of $500; imposition of 1.5 Penalty Points. Admission.
Explainer: For the presence of Phenylbutazone—Controlled Medication (Class C)—in a sample taken from Stormy Joe on 2/13/24. This was a possible violation of Rule 3312—Presence of Controlled Medication Substance and/or its Metabolites or Markers (Post-Race/Vets' List).

Resolution Date: 03/26/2024
Licensee: Robert Fiesman, trainer
Penalty: 7-day period of Ineligibility, beginning on March 27, 2024; Disqualification of Covered Horse's Race results, including forfeiture of all purses and other compensation, prizes, trophies, points, and rankings and repayment or surrender (as applicable); a fine of $1,000; imposition of 1.5 Penalty Points. Admission.
Explainer: For the presence of Phenylbutazone—Controlled Medication (Class C)—in a sample taken from Zipsy Rose Lee, who finished second at Mahoning Valley on 2/6/24. This was a possible violation of Rule 3312—Presence of Controlled Medication Substance and/or its Metabolites or Markers (Post-Race/Vets' List).

Resolution Date: 03/25/2024
Licensee: Jonathan Maldonado, trainer
Penalty: 7-day period of Ineligibility, beginning on March 26, 2024; Disqualification of Covered Horse's Race results, including forfeiture of all purses and other compensation, prizes, trophies, points, and rankings and repayment or surrender (as applicable); a fine of $1,000; imposition of 2 Penalty Points.
Explainer: For the presence of Capsaicin—Controlled Medication (Class B)—in a sample taken from Kapadokya, who won at Laurel Park on 02/10/24. This was a possible violation of Rule 3312—Presence of Controlled Medication Substance and/or its Metabolites or Markers (Post-Race/Vets' List).

Resolution Date: 03/21/2024
Licensee: Derek Ryan, trainer
Penalty: Disqualification of Covered Horse's Race results, including forfeiture of all purses and other compensation, prizes, trophies, points, and rankings and repayment or surrender (as applicable); a fine of $500; imposition of 1.5 Penalty Points. Final decision by HIWU.
Explainer: For the presence of Dexamethasone—Controlled Medication (Class C)—in a sample taken from Charging Aero, who finished second at Tampa Bay on 01/06/24. This was a possible violation of Rule 3312—Presence of Controlled Medication Substance and/or its Metabolites or Markers (Post-Race/Vets' List).

Pending ADMC Violations

Date: 03/08/2024
Licensee: John Servis, trainer
Penalty: Pending
Alleged violation: Pre-workout joint injection violation
Explainer: A possible violation of Rule 3314—Use or Attempted Use of a Controlled Medication Substance or a Controlled Medication Method—on the horse, Chance Occurrence. This is also a possible violation of Rule 4222—Intra-Articular Injections Within Seven (7) Days of Timed and Reported Workout.

Date: 03/08/2024
Licensee: Jeremiah Englehart, trainer
Penalty: Pending
Alleged violation: Pre-workout joint injection violation
Explainer: A possible violation of Rule 3314—Use or Attempted Use of a Controlled Medication Substance or a Controlled Medication Method—on the horse, Dolce Veloce. This is also a possible violation of Rule 4222—Intra-Articular Injections Within Seven (7) Days of Timed and Reported Workout.

Date: 02/08/2024
Licensee: Javier Duarte, trainer
Penalty: Pending
Alleged violation: Vet's list medication violation
Explainer: For the presence of Albuterol by inhilation—Controlled Medication (Class C)—in a sample taken from Shanghai Mike on 2/8/24. This is a possible violation of Rule 3312—Presence of Controlled Medication Substance and/or its Metabolites or Markers (Post-Race/Vets' List).

Date: 02/26/2024
Licensee: Miguel Rodriguez, trainer
Penalty: Pending
Alleged Violation: Medication violation
Explainer: For the potential breach of Rule 4221—Alkalinization or use/administration of an Alkalinizing Agent (TCO2)—on Ipsum Gratus, who finished eighth at Penn National on 2/26/2024. This is also a possible violation of Rule 3313—Use of a Controlled Method During the Race Period.

Date: 02/24/2024
Licensee: Bernell Rhone, trainer
Penalty: Pending
Alleged violation: Medication violation
Explainer: For the presence of Dexamethasone—Controlled Medication (Class C)—in a sample taken from Fury Cap, who finished third at Tampa Bay on 2/24/24. This is a possible violation of Rule 3312—Presence of Controlled Medication Substance and/or its Metabolites or Markers (Post-Race/Vets' List).

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The new rules enhance current medication policies, reducing the number of permitted therapeutic medications while increasing the number of prohibited medications to include all substances currently banned under HISA's Anti-Doping and Medication Control program. The penalties for violation of rules will also be increased.

Keeneland President and CEO Shannon Arvin, Fasig-Tipton President Boyd T. Browning Jr. and OBS President Tom Ventura said in a joint statement:

“We continue to refine our policies with the goals of protecting the well-being of the horse and providing our customers with transparency and the best opportunity for success at the race track. Horse safety and welfare must be a collaborative effort across our sport, which includes the sales ring. We take our leadership roles toward that mission seriously and remain united in our advocacy to serve the best interest of the horse.”

Among the listed highlights of the new medication reforms: no non-steroidal anti-inflammatory drugs may be administered to a horse within 48 hours of an under-tack performance; no NSAID may be administered to a horse after 6 p.m. the day prior to sale; NSAIDs permitted for use on the sales grounds are Phenylbutazone (Bute), Flunixin Meglumine (Banamine) and Ketoprofen (Ketofen), at or below manufacturer's recommended dosage (MRD). Only one such NSAID can be administered at any one time (stacking is prohibited).

No corticosteroid may be administered to a horse within 48 hours of an under-tack performance. No corticosteroid may be administered to a horse within 24 hours of the start of the session in which that horse is scheduled to sell.

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Under HISA's ADMC Program, substances with no legitimate, medically justified use in Thoroughbreds are among those classified as Banned Substances, just as they are under the anti-doping programs being run by other equine sports' governing bodies.

Many “non-approved substances” on the Banned Substances list have not been proven to enhance performance, but the fact that they may have performance-enhancing effects–and have no legitimate, medically justified use–is reason enough for inclusion on the list. Horse racing and many other sports take the common sense approach that, for the sake of equine or human athlete's well-being, substances with unknown effects on their bodies should never be permitted to be in their systems.

In line with the Horseracing Integrity and Welfare Unit's (HIWU's) commitment to enforcing the ADMC Program equally and fairly, Responsible Persons can provide context for a violation when notified of suspected rule violations. Following the issuance of a Charge Letter, a Responsible Person may request a hearing before a member of the independent Arbitral Body, where they can present evidence of inadvertent human transfer. Additionally, HISA's Atypical Findings Policy addresses prohibited substances commonly found through environmental contamination (e.g. caffeine, ractopamine, scopolamine). If a horse tests positive for a substance listed in the Atypical Findings Policy, further investigation and review will take place between HIWU and the Responsible Person to determine if the case should be deemed negative or pursued as a violation. A charge is only pursued if the investigation concludes that contamination is not likely to be the cause of the positive. To date, HIWU has received 35 Atypical Findings and only two have resulted in charges.

To ensure fair representation, HISA has also appointed an Ombudsman to help guide Responsible Persons who have questions about their cases and the process and has established a pro bono program to match those who meet certain income and asset requirements with attorneys who have agreed to provide legal services at no cost.

The HISA Board and ADMC Committee extends its appreciation to the vast majority of racing participants who operate in compliance with HISA's ADMC rules and share our commitment to the highest standards of safety, integrity and welfare. Our broad definition of Banned Substances as any substance without a legitimate, medically justified use in Thoroughbreds aligns with this high standard for protecting equine athletes from harm.

Charles Scheeler is the Chair of HISA Board of Directors. Scheeler is a retired partner at DLA Piper, ran investigations in performance-enhancing substance use in Major League Baseball. Pennsylvania State University investigation in the Big Ten Conference and safety practices within the University of Maryland football program. Prior to joining DLA Piper, Scheeler was a federal prosecutor in Maryland.

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Nonetheless, the figures showed that the sport has made obvious strides since 2009 when it comes to fatalities. In 2009, the rate was 2.0 per 1,000 starters. When compared to 2009, 2023 shows a 34% decrease in risk of fatal injury.

“This change is statistically significant,” said Professor Tim Parkin (University of Bristol), who has consulted on the EID since its inception. “This is equivalent to 171 fewer horses sustaining a fatal injury racing in 2023 than would have occurred had the number of starts remained constant since 2009.”

The 2023 figures were the second lowest since the EID began compiling numbers, surpassed only by 2022.

Analysis of the EID was provided Parkin and by Dr. Euan Bennet of the University of Glasgow.

“There was a slight increase in the rate of fatality from 2022 to 2023 of 5.6%,” Parkin said. “However, this is not statistically significant, and we are encouraged by the low numbers in 2023 that the industry is still headed in the right direction with regard to keeping its horses safe.”

Based on the 2023 data, 99.87% of flat racing starts at the racetracks participating in the EID were completed without a fatality.

Once again, synthetic tracks proved to be the safest among the three types of racing surfaces. There were 0.97 deaths per 1,000 starters on synthetic tracks, 1.13 on turf courses, and 1.43 on dirt tracks.

Races for 2-year-olds proved to be the safest types of races.  There were 0.79 fatalities per 1,000 starters in those races versus 1.37 for 3-year-old races and 1.38 for races for 4-year-olds an upward.

By distance, races run at less than six furlongs showed the fewest fatalities at 1.22 per 1,000. Races run from six to eight furlongs had a rate of 1.37 and for races longer than eight furlongs, the number was 1.32.

During the year, the problems of horses breaking down were magnified by a rash of fatalities at Churchill Downs and Saratoga. At Saratoga in 2023, the rate of breakdowns was 2.55 per 1,000 starters. Churchill Downs does not make its numbers public.

Among tracks that had meets of more than 10 days, one stood out. There were zero fatalities at Del Mar during its racing seasons.

Racetracks under the jurisdiction of the Horseracing Integrity and Safety Authority (HISA) fared better than non-HISA tracks in 2023. There were 1.23 fatalities per 1,000 starters at HISA tracks, while the number at non-HISA track was 1.63.

“HISA's most important goal is driving down equine fatalities,” said HISA CEO Lisa Lazarus. “We undoubtedly have significant work ahead of us, but I am pleased to see the rate is trending in the right direction. The reduction in the rate of equine fatalities at tracks under our jurisdiction demonstrates that setting high standards for racetrack safety and anti-doping and medication control across the country makes Thoroughbred racing safer.”

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It may not be enough.

The Jeffrey Englehart story has suggested that may be the case. Englehart bought a Classic Empire colt at the OBS auction last year on June 15. Some five months later the horse, which was unraced and unnamed, broke down while working at Finger Lakes and had to be euthanized. In such a case, the deceased horse is tested by the Horseracing Integrity and Welfare Unit (HIWU), an arm of the Horseracing Integrity and Safety Authority (HISA). The horse, identified as Fast Heart 2021 (the dam is Fast Heart and the horse was born in 2021), tested positive for Clenbuterol.

Englehart, facing a possible suspension of up to two years, was adamant that he never gave the horse the drug and speculated that Fast Heart 2021 was given Clenbuterol leading up to the sale in hopes that it would help the horse to work faster and sell for more. Last week, HIWU cleared Englehart after the results of a segmented hair test showed that the Clenbuterol was in fact given to the horse prior to Englehart taking possession.

The colt was purchased for $4,000 at the Fasig-Tipton Kentucky October Yearling Sale Oct. 26, 2022. The purchaser was Juan Centeno, who entered the horse back in the Ocala sale. Centeno sells under the name of All Dreams Equine. Since the story broke, Centeno has not responded to attempts made by the TDN to get his side of the story.

Englehart bought two horses from Centeno's consignment. On his own, Englehart said he paid to have a segmented hair test done on the other horse, a filly named She She's Shadow (Bucchero). According to Englehart, that horse also tested positive for Clenbuterol.

Englehart charged that Clenbuterol use is “rampant” at 2-year-old sales.

“I think if they did a hair test on every horse (entered in a 2-year-old sale) 70 to 80% would be positive for Clenbuterol,” Englehart said.

That may or may not be the case, but if a PED can result in a horse working just a fraction of a second faster than it would have without drugs, it could be a powerful incentive to cheat; one that can means tens of thousands of dollars to the seller.

Still another problem revolves around the use of  bisphosphonates, a controversial group of drugs used in older horses to tackle issues like navicular disease, but also used in younger horses to treat things like sore shins. Once administered, they can stay in a horse's system for years, which could mean a horse given bisphosphonates before a sale could turn up positive long after it was purchased and the current trainer would be vulnerable to suspensions and fines.

HISA and HIWU were created eliminate doping and abuse in Thoroughbred racing, which nearly everyone admits is a problem. Cheating isn't necessarily limited to the racetrack, but that is where HISA focuses almost all of its efforts. Horses aren't subjected to HISA rules and HIWU drug testing until they have had their first officially timed and published workout. That's when they become “covered” horses. As long as they don't own or train any active racehorses, 2-year-old consignors also will not be “covered” or subject to HISA/HIWU oversight and regulations.

The Englehart saga is evidence that this is a problem that needs to be rectified. That hasn't been lost on HISA.

As reported by the Paulick Report, Ann McGovern, who oversees the HISA Racetrack Safety Program, gave a presentation in June at the Track Superintendent Field Day held at Horseshoe Indianapolis. When asked about the issue of HISA having no jurisdiction over 2-year-old sales, McGovern said that in her own opinion, “It's a place that needs regulation, absolutely.”

In September, colleague T.D. Thornton wrote that HISA had initiated discussions with sales companies in an attempt to bring about voluntary compliance with medication rules and regulations.

HISA and its CEO Lisa Lazarus have plenty on their plates and making changes to what is already a complicated set of protocols and regulations is not something that can be done easily. But HISA is doing an incomplete job if it ignores such an important part off the sport as 2-year-old sales or, for that matter, all sales. At the very least, a horse should become a covered horse as soon as they turn two.

If HISA were in charge of policing the June OBS sale would the Fast Heart 2021 story have turned out any differently? That's hard to say. But with HISA staying away from sales, it stands to reason that the would-be cheaters have less to worry about if they try to beat the system.

If HISA is going to clean up racing, clean up all of racing. Huge money is involved when it comes to 2-year-old sales and getting a horse to work as fast as it can is the primary goal of many consignors. Hopefully, very few will use performance-enhancing drugs on horses about to be sold as 2-year-olds, but the incentive to do so is obviously there. HISA needs to take on a larger role that includes 2-year-old sales.

A Banner Day for the Coach

It wasn't a perfect afternoon Saturday at Oaklawn for Wayne Lukas, whose best 3-year-old colt, Just Steel (Justify), was a disappointing seventh in the GII Rebel S., dimming Lukas's hopes of winning his first GI Kentucky Derby in 25 years. But the Hall of Famer still did plenty right on Saturday. He now has a contender for the GI Kentucky Oaks after Lemon Muffin (Collected) upset the GIII Honeybee S. at odds of 28-1.

The filly was only in the race because Lukas continues to take chances that most modern-day trainers won't. Not only was Lemon Muffin still a maiden after five starts, she had never gone beyond six furlongs. But Lukas went into the race brimming with confidence.

“Watch out here,” Lukas said prior to the race. “This one has some ability. Running her in the Honeybee is not the big, giant step some might think. She is just dying to go two turns. She's got a lot of ability and is a competitive, hard-trying filly. This isn't the big step forward you might think from looking at her on paper.”

On the same card, Lukas won an allowance race with Seize the Grey (Arrogate) and finished second in the Carousel S. with Backyard Money (Midshipman)

The ever-optimistic Lukas predicts that he is going to have a big year, in large part because of the horses being funneled his way by John Bellinger and Brian Coelho, who race under the name of BC Stables LLC.

“[Bellinger and Coelho] have a beautiful set of 2-year-olds that are being prepped right now,” Lukas said. “It's an extremely good set. They've got Gun Runners, Justifys, Into Mischiefs, Quality Roads. I am going to go out on a limb and say this is my best set of 2-year-olds in years and years. We should have a helluva Saratoga. I'm getting great reviews out of Ocala on those 2-year-olds.”

No Excuses For White Abarrio

White Abbario (Race Day) threw in an absolute clunker when finishing 10th in Saturday's G1 Saudi Cup. According to co-owner Mark Cornett, the horse came out of the race fine and no one has come up with an explanation as to why he didn't fire.

“He came out of the race perfectly,” Cornett said. “He cooled out in 10 minutes and wasn't blowing, wasn't doing anything. It was like he never ran.”

The owners were contemplating a start in the G1 Dubai World Cup, but that's no longer in their plans. White Abarrio will be shipped home Feb. 29.

“We'll give him some time off, but not too much because he didn't even run,” Cornett said. “We're going to come home and re-group. We don't know yet where he's going to run. Our big goal for the summer will probably be the Whitney again. How we get there, I don't know yet. Probably we could have him ready for the Met Mile. The only thing about that is it's going to be run at Saratoga, so it's going to be a little bit different race.  They run the mile races there out of the [Wilson] chute and I'm not a fan of that.”

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This explanation is questionable from a clinical pharmacology standpoint. Metformin for human use is a film coated tablet (coated with a polymer). Unless the individual taking the tablet crushes or chews it (and puts a finger in the mouth), handling the film coated tablet does not transfer metformin to the hands. Additionally, published data shows that the amount of metformin absorbed from an oral dose in a horse ranges from 3.9-7.1% (fed vs fasted state) which is minuscule. Finally, the suggested dose of metformin in horses for approved use is 15 mg/kg (7.5 grams in a 500 kg horse) versus a usual 500 mg dose in a human. Thus, horse exposure from a human dose (by rubbing the face) or even putting a finger/hand in the horse's mouth would be quite a stretch of science.

This story is not the only one that TDN readers have seen over time. We have been subjected to stories of a horse with detectable betamethasone in his blood supposedly not from an intraarticular injection but due to use of a topical product, a horse with dextromethorphan in the blood due to a groom using a cough syrup and urinating in the stall and many other stories. These explanations stretch the science of clinical pharmacology to unreasonable levels.

I'd like to offer my human-based clinical pharmacology expertise to HISA/HIWU to “solve” these human-based inaccurate explanations in terms of horse exposures to banned drugs, gratis.

Horse racing is a great sport with a long tradition. Unfortunately, stories of horses having banned substances (no matter how low the exposure) is a negative for a sport where interest at least in the USA is declining and groups like PETA show up to protest at large racing venues putting more negative attention to the sport. But, worst of all, use of banned substances is bad for the horses and aren't the horses our primary interest/concern?

Sincerely,
Joseph S. Bertino Jr., PharmD, FCP, FCCP
Guilderland, New York

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“The Horsemen's Advisory Group continues to provide HISA with invaluable input, and we're thrilled to have Dr. Michael Hardy join the group,” said HISA CEO Lisa Lazarus. “In recent months, the group has been having significant conversations revolving around veterinary protocols and scratches, and we believe it would be beneficial to include a regulatory veterinarian in these critical discussions. Having Dr. Hardy's voice as a former regulatory veterinarian with a strong understanding of everything that entails is important to us. We strive to build a program that is fair and considers the perspectives of all stakeholders. We welcome Dr. Hardy to participate and share his insights.”

Hardy, a graduate of Purdue University School of Veterinary Medicine, began his career as a racing regulatory veterinarian for the Kentucky Horseracing Commission in 2008. For 11 years, he served as the Chief Association Veterinarian, then transitioned to the role of Safety Director for Horseshoe Indianapolis. He is currently serving as the Executive Director of the Racetrack Medication & Testing Consortium (RMTC). He is also a member of the Breeders' Cup Veterinary Panel, and has served on the Horseracing Testing Laboratory Committee and RegVets Continuing Education Program's Committee for the RMTC.

“It's certainly an honor to be asked to serve the racing industry in this capacity. It goes without saying the role of the equine veterinarian is critical to the success of horse racing,” said Hardy. “I look forward to sharing perspective and insight into the unique responsibilities of the racing regulatory veterinarian. Relentless pursuit of a clean and safe sport for our equine and human athletes demands the collaborative efforts of all involved.”

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Among the key rulings from the last week, trainer Bonnie Lucas was suspended seven days after a post-race Xylazine positive in a sample taken from Tankinator, who was injured and vanned off in a race at Parx Racing on Nov. 7. Xylazine is a Class B controlled medication under HISA that can be used to sedate racehorses.

It remains unclear whether Tankinator was euthanized as a result of his injuries sustained that day.

The 5-year-old gelding was having his first race for Lucas, having been claimed out of the Webster Gayle barn on Oct. 21. In a post-race sample taken Oct. 21, Tankinator tested positive for the corticosteroid Dexamethasone, a controlled medication commonly used as an anti-inflammatory.

NEW HISA/HIWU STEWARDS RULINGS

The following rulings were reported on HISA's “rulings” portal and through the Horseracing Integrity and Welfare Unit's (HIWU) “pending” and “resolved” cases portals.

Resolved ADMC Violations

Date: 11/13/2023
Licensee: Librado Barocio, trainer
Penalty: A fine of $500; imposition of 1.5 Penalty Points. Admission.
Explainer: For the presence of Phenylbutazone—Controlled Medication (Class C)—in a sample taken from Sugar Fish. This was a possible violation of Rule 3312—Presence of Controlled Medication Substance and/or its Metabolites or Markers (Post-Race/Vets' List).

Date: 11/13/2023
Licensee: Librado Barocio, trainer
Penalty: Treated as 1 violation with Sugar Fish under 09/08/23 HISA Guidance. Admission.
Explainer: For the presence of Phenylbutazone—Controlled Medication (Class C)—in a sample taken from Barristan the Bold. This was a possible violation of Rule 3312—Presence of Controlled Medication Substance and/or its Metabolites or Markers (Post-Race/Vets' List).

Date: 11/08/2023
Licensee: Ilmar Loaiza, trainer
Penalty: Disqualification of Covered Horse's Race results, including forfeiture of all purses and other compensation, prizes, trophies, points, and rankings and repayment or surrender (as applicable); a fine of $500; imposition of 1.5 Penalty Points. Admission.
Explainer: For the presence of Dexamethasone—Controlled Medication (Class C)—in a sample taken from Roseinthesky, who finished second at Finger Lakes on 11/8/23. This was a possible violation of Rule 3312—Presence of Controlled Medication Substance and/or its Metabolites or Markers (Post-Race/Vets' List).

Date: 11/07/2023
Licensee: Bonnie Lucas, trainer
Penalty: 7-day period of Ineligibility, beginning on December 27, 2023; Disqualification of Covered Horse's Race results, including forfeiture of all purses and other compensation, prizes, trophies, points, and rankings and repayment or surrender (as applicable); a fine of $1,000; imposition of 2 Penalty Points. Admission.
Explainer: For the presence of Xylazine—Controlled Medication (Class B)—in a sample taken from Tankinator, who was pulled up and vanned off in a race at Parx Racing on 11/7/23. This was a possible violation of Rule 3312—Presence of Controlled Medication Substance and/or its Metabolites or Markers (Post-Race/Vets' List).

Date: 09/28/2023
Licensee: Terry Eoff, trainer
Penalty: Disqualification of Covered Horse's Race results, including forfeiture of all purses and other compensation, prizes, trophies, points, and rankings and repayment or surrender (as applicable); a fine of $500; imposition of 1.5 Penalty Points. Admission.
Explainer: For the presence of Methocarbomal—Controlled Medications (Class C)—in a sample taken from Kentucky Dawn, who finished second at Remington Park on 9/28/23. This was a possible violation of Rule 3312—Presence of Controlled Medication Substance and/or its Metabolites or Markers (Post-Race/Vets' List).

Pending ADMC Violations
Date: 12/08/2023
Licensee: Victor Barboza, trainer
Penalty: Pending
Alleged violation: Medication violation
Explainer: A possible violation of Rule 3314—Use or Attempted Use of a Controlled Medication Substance or a Controlled Medication Method—on the horse, Long Range Toddy. This is also a possible violation of Rule 4222—Intra-Articular Injections Within Seven (7) Days of Timed and Reported Workout.

Date: 10/30/2023
Licensee: Robert Fiesman, trainer
Penalty: Pending
Alleged violation: Medication violation
Explainer: For the presence of Phenylbutazone—Controlled Medication (Class C)—in a sample taken from Little Four, who was euthanized after breaking down in a race at Mahoning Valley on 10/30/23, according to Equibase. This is a possible violation of Rule 3312—Presence of Controlled Medication Substance and/or its Metabolites or Markers (Post-Race/Vets' List).

Date: 10/06/2023
Licensee: Luis Mendez, trainer
Penalty: Pending
Alleged violation: Medication violation
Explainer: For the presence of Methocarbamol—Controlled Medication (Class C)—in a sample taken from Big Celebration, who finished third at Santa Anita on 10/6/23. This is a possible violation of Rule 3312—Presence of Controlled Medication Substance and/or its Metabolites or Markers (Post-Race/Vets' List).

Violations of Crop Rule
One important note: HISA's whip use limit is restricted to six strikes during a race.

Mahoning Valley
Erik Barbaran – violation date Dec 19; $250 fine, eight-day suspension, no further details of ruling

OTHER KEY RULINGS
The TDN also 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.
The following was taken from the ARCI's “recent rulings” webpage, which isn't always updated contemporaneously.

FLORIDA
Track: Gulfstream Park
Date: 12/6/2023
Licensee: Alexis Camano, trainer
Penalty: suspended license
Violation: Unpaid financial obligations
Explainer: FINAL ORDER # 2022-051619 = F.S. VIOLATION – FINANCIAL OBLIGATION TO TEIGLAND, FRANKLIN, & BROKKEN, D.V.M.'S, INC. – LICENSE SUSPENDED BEGINNING 12/6/2023 FOR A PERIOD EXTENDING UNTIL ALL OUTSTANDING FINANCIAL OBLIGATIONS HAVE BEEN FULLY SATISFIED.

Track: Gulfstream Park
Date: 12/6/2023
Licensee: Aubrey Maragh, trainer
Penalty: 15-day suspension, $1.500 fine
Violation: Medication violation
Explainer: FINAL ORDER 2023-003854 – F.S. 550.2415 VIOLATION = 5 HYDROXYDANTROLENE. “MODAZZLE” $1500 FINE, 15 DAY SUSPENSION – DATES TO BE DETERMINED BY STEWARDS, AND RETURN OF PURSE IMPOSED

Track: Gulfstream Park
Date: 12/6/2023
Licensee: Andry G. Blanco, owner
Penalty: suspended license
Violation: Unpaid financial obligations
Explainer: FINAL ORDER # 2023-046372 = F.S. VIOLATION – FINANCIAL OBLIGATION TO TEIGLAND, FRANKLIN, & BROKKEN, D.V.M.'S, INC. LICENSE SUSPENDED BEGINNING 12/6/2023 FOR A PERIOD EXTENDING UNTIL ALL OUTSTANDING FINANCIAL OBLIGATIONS HAVE BEEN FULLY SATISFIED.

The post Weekly Rulings: December 19-25 appeared first on TDN | Thoroughbred Daily News | Horse Racing News, Results and Video | Thoroughbred Breeding and Auctions.

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The Horsemen's Benevolent and Protective Association (HBPA) chapters at both tracks supported the diminished schedules based on available purse funds and projected horse populations.

Right now the placeholders are 158 dates for Charles Town and 121 for Mountaineer.

But the exact number of programs will ultimately be contingent on the outcome of several overlapping federal lawsuits that have to do with the legality of the Horseracing Integrity and Safety Act (HISA).

In July of 2022, the states of West Virginia and Louisiana won a preliminary injunction that has kept the HISA rules from being implemented in those two states until their lawsuit challenging the constitutionality of HISA gets decided in full.

Then in September of 2023, the judge handling that case ordered it to be “administratively terminated” until the United States Fifth Circuit Court of Appeals made a ruling in a separate (but related) suit in which the National HBPA is also alleging that HISA is unconstitutional.

Oral arguments in the HBPA vs. HISA case were heard Oct. 4 but no Fifth Circuit decision has been issued yet.

WVRC executive director Joe Moore explained during the Dec. 13 meeting that if HISA were to be deemed legal nationwide and/or the court's injunction barring implementation in West Virginia got lifted, both tracks would need to recalculate how much purse money was available and how many racing dates those funds could cover.

That's because Charles Town and Mountaineer would be subject to HISA assessments for safety oversight and drug testing services that they currently don't pay because of the injunction that grants them an exception.

According to HISA's 2024 budget, West Virginia's assessment for next year is $4,448,269 (Charles Town $3,281,367; Mountaineer $1,166,902).

Moore said that “if HISA were to become effective in West Virginia, I suspect Charles Town and the horsemen would consider reducing their race days by a number to ensure that there were purse monies available after the [HISA] assessments were calculated for them.”

Charles Town's director of racing, Charlie McIntosh, concurred.

“If HISA were to come back into effect, we'd have to sit down and evaluate” funding options, McIntosh said.

Mountaineer gate | Coady Photography

No representative from Mountaineer spoke on the track's behalf during the meeting.

The two tracks handled their dates reduction requests differently. Charles Town asked for and received 158 dates but left the door open to come back to the commission for a further reduction request if necessary.

Mountaineer took the opposite approach, asking for and receiving the commission's approval for two dates contingencies so the track wouldn't have to come back a second time to request another trim if HISA gets legalized in the state.

So the WVRC approved 121 dates for Mountaineer, with Moore explaining that “if feasible and [if West Virginia continues to] remain exempt from HISA, their number of live race days would increase to 128.”

Moore said Mountaineer's season would run Apr. 28-Dec. 4 under the first contingency, with the meet extending through Dec. 11 if the second plan got utilized.

Charles Town's 2024 schedule, according to the track's website, will consist of four- and three-date weeks nearly year-round, with breaks Aug. 25-Sept. 11 and Dec. 15-31.

Charles Town's 158 dates for 2024 continues a downward trend. The track was awarded 164 dates in 2023 and 179 in 2022.

Unless Mountaineer ends up running the bumped-up 128 dates, its 121-date allotment also represents a decrease, from 124 dates in 2023 and 130 dates in 2022.

(All dates cited above are based on dates as originally assigned by the commission, and do not reflect any in-season program losses that might have occurred because of weather cancellations.)

Even in years when the costs of HISA assessments have not been in play, the awarding of race dates in West Virginia has been a somewhat confusing several-step process. A state statute requires Charles Town to apply for 220 programs every year, and Mountaineer is required to apply for 210 dates. But those quotas haven't been reached for quite some time.

What has ended up happening in recent seasons is that after the initial approvals of those mandated 220 and 210 dates every November by the WVRC, both venues have subsequently come back before the commission to ask for reductions that reflect what each track and its HBPA representatives think is a workable schedule.

The dates reduction votes were unanimous Dec. 13, with WVRC chairman Ken Lowe Jr. and commissioner J.B. Akers voting in the affirmative, while commissioner Tony Figaretti was listed as being absent from the meeting because of a travel conflict.

The post West Virginia Trims Dates For ’24, Exact Schedules Hinge On Outcome of HISA Legality appeared first on TDN | Thoroughbred Daily News | Horse Racing News, Results and Video | Thoroughbred Breeding and Auctions.

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