horseracing integrity and safety authority | Horse Racing Free Tips

Weekly Rulings: December 19-25

Every week, the TDN posts a roundup of the relevant Horseracing Integrity and Safety Act (HISA) related rulings from around the country.

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.

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West Virginia Trims Dates For ’24, Exact Schedules Hinge On Outcome of HISA Legality

Both Charles Town Races and Mountaineer Park got approval Wednesday from the West Virginia Racing Commission (WVRC) to reduce live racing dates in 2024 compared to recent seasons.

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.

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Lawyers Available for HISA Covered Person Pro Bono Program

A trio of law firms will now be available to provide pro-bono legal representation to eligible recipients under the Horseracing Integrity and Safety Authority (HISA)'s newly established program. The program, open to covered persons who fall below a certain income threshold and are alleged to have violated HISA's Anti-Doping and Medication Control (ADMC) Program, will match recipients with volunteer attorneys who have agreed to provide legal services without any expectation of compensation.

The participating lawyers include Howard Jacobs, Jackson Kelly's Equine Group, and Wyatt Tarrant & Combs, LLP.

“We are pleased to participate in HISA's Covered Person Pro Bono Program, so that those who truly cannot afford a lawyer can have access to the same depth of experience and zealous representation that we provide to all of our non pro bono clients,” said Howard Jacobs, international sports law attorney specializing in disciplinary cases involving anti-doping and other disputes. “As a result of HISA's Covered Person Pro Bono Program, we hope that no covered person will feel that they simply cannot afford to defend themselves against a potentially life-changing charge.”

Jay Ingle, Chair of Jackson Kelly's Equine Group, said, “Jackson Kelly is always glad to help support the industries we serve. We quickly said yes when asked to participate in this program and donate our legal services and expertise, and hope that our contributions will help the sport and the horsemen and women in it.”

Craig Robertson, Partner-In-Charge, Lexington Office of Wyatt Tarrant & Combs, LLP, said, “The Wyatt firm is honored to be part of the HISA Covered Person Pro Bono Program to support those in need of legal assistance and to help promote the health and well-being of Thoroughbred racing and the equine industry as a whole.”

If the Horseracing Integrity and Welfare Unit (HIWU) has alleged that a covered person committed an ADMC Rule Violation, and the covered person has an annual household adjusted gross income of $75,000 or less and no significant liquid assets, the covered person will be eligible for free legal services from a volunteer attorney and limited reimbursement of out-of-pocket expenses incurred by the volunteer attorney.

“I am incredibly proud to be launching this free legal services initiative, the first of its kind in American sport,” said HISA CEO Lisa Lazarus. “Providing all Covered Persons with the tools to properly defend themselves in these cases is critical to ensuring integrity in our ADMC program adjudication procedures. We don't want the cost of legal services to ever be a barrier to pursuing a rigorous defense. I'm grateful to the reputable law firms and experienced attorneys who have already agreed to participate, and I look forward to expanding their ranks.”

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Former HBPA Prez On 5th Circuit Appeal: ‘No Matter The Result’ Both Sides Expect Supreme Court To Decide HISA’S Fate

Leroy Gessmann, who served as president of the National Horsemen's Benevolent and Protective Association (HBPA) from 2015 to 2021 and currently works as the Arizona HBPA's executive director, told commissioners at the Arizona Racing Commission (AZRC) meeting Thursday that regardless of the decision gets handed down by the United States Court of Appeals for the Fifth Circuit, both the HBPA and its opponents in a 2 1/2-year-old lawsuit to nullify the Horseracing and Safety Integrity Act (HISA) agree that the nation's highest court will eventually have to be called upon to settle the matter.

Gessmann spoke in the wake of Oct. 4 oral arguments in the Fifth Circuit case that pits the HBPA and 12 of its affiliates against the HISA Authority and the Federal Trade Commission. On May 4, a lower court deemed that the now-in-effect version of HISA is indeed constitutional because a 2022 rewrite of the law fixed constitutionality problems the Fifth Circuit had identified. Shortly after that lower court's ruling came out in the spring, the HBPA plaintiffs then swiftly filed for another appeal back to the Fifth Circuit, which agreed to hear the case on an “expedited” basis.

“Both sides left the [Fifth Circuit] hearing feeling positive that they made good arguments and that they would win,” Gessmann said. “So it's also been stated by both parties, no matter what the result is, the next step is the U.S. Supreme Court. We'll see when we get a ruling. Usually it takes about 30 to 60 days to get a ruling.”

Gessmann then segued into updating the AZRC on a related project spearheaded by the HBPA, which is federal legislation filed Sept. 26 to repeal HISA and replace it with a voluntary interstate compact to govern the nation's Thoroughbred, Standardbred, and Quarter Horse racing.

That bill, named the Racehorse Health and Safety Act (RHSA), would establish a governing body known as the Racehorse Health and Safety Organization (RHSO), which would oversee breed-specific Scientific Medication Control Committees tasked with drafting and recommending drug rules for each breed.

There would also be racetrack safety oversight based on existing standards as set forth by both the National Thoroughbred Racing Association and the model rules of the Association of Racing Commissioners International.

Individual states would decide whether their own racing commission or the RHSO got to enforce the new federal rules, which would supersede existing state statutes. States wouldn't have to opt into the RHSO, but the cost of not doing so would jeopardize their racetracks' ability to simulcast out of state.

“So far, we've got a lot a lot of reviews on it, and it seems to have gained some traction, so hopefully something can be done there,” Gessmann said, adding that the bill has been “well-received and is moving through the process in the legislature in Congress.”

Asked by commissioner Linda York if he had any sense of a timetable for when the bill might make it to the Congressional floor, Gessmann said, “We have not been advised of anything, how quickly it could get there. Unfortunately, the National HBPA doesn't have a very large pack [of lobbyists] to help move things through.”

The RHSA's sponsor is Rep. Clay Higgins, a Louisiana Republican. More than two weeks after its introduction, the bill has not yet been assigned to a committee. It has thus far gained one co-sponsor, Rep. Doug Lamborn, a Colorado Republican.

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