Enhanced Protocols Announced For Jockey Club Gold Cup Day

The New York State Gaming Commission has announced that its Equine Medical Director Dr. Scott E. Palmer VMD and all three stewards will be made available to the media at the conclusion of the program to discuss any incidents that occur during the races at Saratoga Race Course Sept. 3.

In addition, Dr. Palmer will be available to speak to the media in the event of any equine health-related on-track incidents that take place during the day. Dr. Luis Castro, the American Association of Equine Practitioners on-call veterinarian, will provide media support for the FOX Network coverage of the GI Jockey Club Gold Cup.

Horses entered for the Gold Cup will be subject to 72-hour 'dedicated watch'–i.e. one guard stationed full time–by experienced security personnel leading up to post time. Horses are bound to the following:

  • Horses must be on the grounds of Saratoga Race Course no later than 72 hours prior to their anticipated post time. Exceptions are at the discretion of the Stewards.
  • The Commission will obtain out-of-competition blood samples of horses competing in The Jockey Club Gold Cup and have the samples tested at the New York Equine Drug Testing and Research Program at Morrisville State College.
  • The Commission has coordinated with other jurisdictions to obtain out-of-competition samples from horses not stabled in New York.
  • Once arrived, horses must remain at Saratoga Race Course until after the running of the Jockey Club Gold Cup. Exceptions will only be granted in the case of an unforeseeable emergency, as determined by the dedicated watch security in consultation with veterinarians and the Stewards.
  • Horses shall reside in their trainers' current barns and/or at stalls on the grounds, which are subject to monitoring by security personnel.
  • No horse entered in the Jockey Club Gold Cup may be treated within 72-hours of the race unless Commission security personnel are present. NYRA or Commission security personnel will monitor all treatments performed by veterinarians.
  • No administration of any medication or substance by dose syringe is permitted within 24-hours of a race.
  • All syringes and containers for administered medication will be retained by Commission personnel for possible testing.
  • Veterinarians shall submit a 72-hour treatment plan for each horse entered in the Jockey Club Gold Cup. Plans were due by noon Aug. 31, 2022.
  • Complete veterinary records for 72-hours prior to the Jockey Club Gold Cup shall be submitted to the Commission, which will review and then publicly post the records to its website.
  • Entry-exit logs will be maintained by NYRA and Commission security personnel.
  • All persons–including veterinarians, trainers, assistant trainers, farriers, owners, or other connections–on entering the stall, engaging in contact with the horse, or performing any service for the horse, must have a valid Commission license on their person.
  • Such persons will be logged-in by security personnel, along with the reason for their visit.
  • Routine stall and horse maintenance by identified grooms and staff will be monitored but are exempt from logging.
  • All equipment, feed, hay bales, etc. are subject to search and seizure by both NYRA and the Commission, as provided by law.
  • On race day, no treatments will be permitted for horses entered in any Stakes Race pursuant to NYRA policy, unless it is for an emergency or as approved by the Stewards.
  • All horses participating in the Jockey Club Gold Cup must report to the Assembly Barn no less than 45 minutes prior to the designated Post Time.
  • On race day, blood samples for TCO2 analysis will be collected from horses in the Assembly Barn between 45 minutes to 1 hour before post time. Horses will then be escorted to the paddock.

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HISA Seeks Stay After Louisiana, West Virginia Ruling

Just six days after Horse Racing Integrity and Safety Authority (HISA) opponents won a round in court in which a federal judge granted a preliminary injunction that halted implementation of HISA rules going into effect in Louisiana and West Virginia, HISA and the Federal Trade Commission were back in court Monday filing an emergency motion for a stay pending appeal.

The motion was filed in the United States Court of Appeals for the Fifth Circuit.

The filing from HISA maintains that when granting the preliminary injunction, the court erred in regards to the length of the period required for public comment. Lawyers for HISA contend that the Federal Trade Commission, which oversees HISA, has provided 14 days for public comment following its publication of proposed rules, which does not violate any rules. They contend that the “court mistakenly believed required the Commission to provide a minimum 30-day comment period.”

The filing continues: “A stay is warranted because that ruling rests on legal error and does not reflect a sound balancing of the equities. The APA (Administrative Procedure Act) imposes no minimum comment period, and the district court plainly erred in concluding otherwise.”

When granting an injunction to the plaintiffs, which included the Jockeys' Guild and the states of West Virginia and Louisiana, Judge Terry Doughty of U.S. District Court (Western District of Louisiana) did not appear to consider the public comment period a major factor in his decision. Instead, he focused on the plaintiffs allegations that HISA was causing them irreparable harm and that an injunction was needed while still other courts were deciding the constitutionality of the Horse Racing Integrity and Safety Act.

“Here, there is an obvious link between the HISA rules and Plaintiffs' alleged injuries,” Doughty wrote. “All the above alleged injuries are 'fairly traceable' to the rules enacted thus far by HISA and the FTC.”

Borrowing a page from their adversaries, HISA attorneys wrote that if they are not granted a stay and HISA regulations cannot immediately be implemented in West Virginia and Louisiana that “will cause grave and irreparable harm to the horseracing industry and the public in contravention of Congress's clear intent.” They called Doughty's decision a case of “flagrant judicial overreach.”

Two separate federal courts have already dismissed lawsuits from the same plaintiffs that include similar arguments made before Doughty's court and question whether or not HISA is constitutional. Both courts ruled in favor of HISA but those decisions have been appealed.

“The preliminary injunction is unlikely to survive appeal and, in the meantime, will cause irreparable damage to the Authority's ability to implement the Act in a timely and orderly fashion,” HISA's court filing reads.

The HISA filing relies on the same arguments that gave birth to the Horse Racing Integrity and Safety Act, that when it comes to integrity and safety, the industry was adrift, in need of change and that the best way to accomplish that was through a central authority.

“The importance of this program cannot be overstated as [the Authority] build[s] on advances the industry has already

made by implementing national, uniform rules and regulations, increasing accountability, and using data- and research-driven solutions to enhance the safety of our horses and jockeys,” the filing reads.

The filing concludes: “This Court should stay the order pending appeal as soon as possible, but no later than Aug. 5, 2022 (as the harm from the injunction mounts with each racing day).

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Horse Welfare And Anti-Doping Technology To Be Used At 2021 Breeders’ Cup

With the new Horseracing Integrity and Safety Act (HISA) in place, racing industry leaders in the United Stares have continued to embrace sweeping reforms. One of the most recent changes will be the use of Kildare-based Equine MediRecord's (EMR) revolutionary anti-doping and horse welfare software at the Breeders' Cup World Championships at Del Mar.

The agreement is the latest notch in the belt of a company that launched its system just three years ago, but has already amassed an impressive list of clients including the Thoroughbred Owners of California, Irish Veterinary and Welfare Commission, Irish Harness Racing Association, Kentucky Thoroughbred Association and the Arabian Racing Organization. EMR first provided their system to the Breeders' Cup World Championships at Keeneland Race Course in Lexington, Ky., last year. With the event moving to California's Del Mar Racecourse and falling under the supervision of the California Horse Racing Board,  EMR has developed a new system to comply with this year's rules and regulations pertaining to equine welfare and anti-doping protocols.

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EMR sells and maintains a revolutionary software platform that allows for the full veterinary history of the horse to be recorded securely, ensuring the best possible horse welfare as well as aiding with crucial anti-doping procedures. The new system EMR has developed for the Breeders' Cup World Championships will automatically inform trainers from across the world of the safety and integrity regulations that need to be followed and what documents need to be submitted through the system to allow horses to run in the Breeders' Cup at Del Mar. The Breeders' Cup has been a leader in adopting and creating stringent regulations to ensure the welfare and safety of the human and equine athletes competing at its event.

EMR already boasts a number of endorsements from key stakeholders in the U.S., including the Executive Director of the California Horse Racing Board, Scott Chaney and Dr. William Farmer, the Equine Medical Director of Churchill Downs. “The Equine MediRecord system is a major breakthrough in providing the latest and most comprehensive medical and testing records for all participants in this year's World Championships,” said Dora Delgado, Breeders' Cup Executive Vice President and Chief Racing Officer, “We are proud to partner with EMR again for this year's Breeders' Cup World Championships at Del Mar.”

Once records are entered into the system, they cannot be altered, providing integrity and transparency for all concerned. With strict requirements in place for the competition at the Breeders' Cup, such a tool is needed to ensure the integrity of the records while also allowing them to be digitally submitted to regulators like the California Horse Racing Board and Breeders' Cup officials. This procedure also eliminates passing around paperwork to various partners who are following COVID-19 protocols.

Equine MediRecord CEO, Pierce Dargan said: “It was an amazing privilege to work with the Breeders' Cup for the first time last year and we are of course extremely happy to work with them for the World Championships at Del Mar this year. Given it is in a different regulatory jurisdiction this year, California instead of Kentucky, changes had to be made to ensure it complied with the state rules. We believe our system has a role to play in the movement to help ensure that our children will be able to enjoy horse racing the way we have for generations – to be a part of that work is an honor and highly rewarding.”

The Breeders' Cup has always been a leader when it comes to adopting best welfare and anti-doping protocols. With the sport and its integrity in the spotlight, the Irish innovation is sure to be adopted by more top racing organizations that are looking to ensure thevbest possible welfare and anti-doping practices for the horses in their care.

For more information, click here.

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Wagering Insecurity: Are We Meeting The Basic Expectation Of Integrity In Racing?

This is Part 1 of the Thoroughbred Idea Foundation's (TIF) series “Wagering Insecurity.”

Faced with remarkable competitive pressure from the rise of legal sports betting, horse racing is at a crossroads.

Confidence amongst horseplayers and horse owners is essential to the future sustainability of the sport. Efforts to improve the greater North American Thoroughbred industry will fall flat if its stakeholders fail to secure a foundation of integrity. Achieving this is growing increasingly difficult after the sport has neglected its core base – horseplayers – for decades.

“Wagering Insecurity” details some of that neglect, and the need to embrace serious reform. Fortunately, there are examples across the racing world to follow.

Integrity is essential in horse racing to give all participants confidence.

Customer confidence is important for any business, but especially so when people are investing their money.

Across the forthcoming installments of the “Wagering Insecurity” series, several unsettling perspectives are offered. TIF spoke with nearly 50 long-time current and former industry executives, regulators and officials from around the racing world, some for direct attribution and others on background, who shared their unease with the status quo.  A common thread:  the blame is shared.

The poor state of wagering systems security and integrity measures is not the fault of any one individual, group, regulator or corporation, it is how horse racing in North America has evolved.

Wholesale improvements are needed. If we lift our standards, confidence will build, participation will grow and racing's future will be more secure.

EXPECTATIONS

Participants across racing should have some basic expectations met.

Simply put, the competitions within racing should be fair and honest. Horses should be free from any illegal performance enhancement. Jockeys should expect horses are sound, track surfaces are safe and stewards enforce rules consistently. Bettors should expect that jockeys give horses their best chance to win, betting information is accurate and that wagering systems are secure and do not advantage some customers over others.

Are we meeting these expectations?

This series delves into the integrity of North American horse racing, specifically as it relates to the $11 billion wagered through the pari-mutuel system, and the uncounted billions wagered outside the purview of North American racing regulators.

Horse racing is competing for customers, working to retain existing ones while trying to attract and develop new ones, like any business. Proper standards of integrity are necessary.

Are racing's customers, the bettors, properly protected at present?

TIF believes the answer to that question is “no.” The security of racing's wagering systems is not up to contemporary standards. The oversight of racing from stewards and regulators is not sufficient at present for customers to have confidence in the legitimacy of results.

Both perspectives are addressed throughout the series.

When American racing fails its bettors and stakeholders, it loses customers. In a world where sports betting is available to almost half of the American population and typically just involves downloading a mobile app, cheaper and better policed gambling opportunities are easily found.

Do participants in racing have confidence in the outcomes on the track and through wagering? Right now? No. Could they? Yes, or at least far more so than exists now.

Confidence is good for business.

WHO IS BETTING WHAT

Racing's business statistics are deliberately opaque. There is no central office that tracks racing's betting business and performance, a perpetual disservice to the sport's stakeholders. Basic metrics on wagering would be helpful for many stakeholders in the sport but getting them is practically impossible.

This lack of clarity has become increasingly problematic because the business changed fundamentally in the 1990s and the division of revenues from wagering did not keep pace. Handle shifted from on-track to off-track as full-card simulcasting and internet-enabled advanced deposit wagering (ADW) took hold. On-track betting revenues are often the most lucrative for purses under current agreements between bet-takers, tracks and horsemen. It has declined while the ADW business has grown in significance, with the pandemic-related closures turbocharging that growth, accounting for an estimated $7 billion of U.S. Thoroughbred racing handle last year.

Now, who is betting what, and through which channels?

When Equibase reported total wagering on U.S. racing in the pandemic-impacted 2020 was $10.92 billion, down less than 1% from the previous year despite nearly ten months of racing without live attendance, that felt like a decent showing.

But total handle figures at a nationwide level, or even at the individual track level, do not offer much insight to the health of the business. They tell us very little. It is the composition of that handle which is a more meaningful measure, but such details are almost never available to anyone except the host track where the race occurs.

Citing total handle figures as a measure of performance should be viewed skeptically, particularly by horsemen.

Where does handle come from? How many individual customers are wagering? How many new customers have been created, and how many are still betting? How many customers are betting substantial amounts over $10 million, $50 million, or over $100 million annually? What is the effective takeout for customers of different ADWs? How much are purses earning from different customer segments?

Without centralized reporting of these figures made available to all parties in the sport, it is almost impossible to know.

Here is what we do know.

Reports from the Oregon Racing Commission, which serves as a hub for the largest registered ADWs, show that handle for the three largest ADWs in 2020 – TVG, TwinSpires and Xpressbet – was more than $6.2 billion. That includes all breeds and greyhound betting through those ADWs, not just U.S. Thoroughbred betting, though Thoroughbred racing does generate the vast majority of total action.

NYRABets, a fourth major ADW which hubs some of its betting through Oregon, reported handle of $225 million, but that isn't the entire picture as much of its handle comes from New York residents, which is not included in Oregon figures. The New York in-state numbers have not been made public.

What about the rest?

THE GROUPS

Some came from on-track money from January through early March when tracks were open. A small amount came from tracks with live attendance after March. Some came from smaller ADWs hubbed in North Dakota, where betting handle by ADW is not made public. Some came from Canadian customers.

But much of it came from groups like Elite Turf Club, entities which TIF has called “high-volume betting shops” (HVBS) in our previous white paper but are more formally known within the industry as secondary pari-mutuel organizations (SPMOs). These groups are the biggest customers by handle, receive substantial rebates and have direct access to pari-mutuel pools.

In his 2016 book “The Perfect Bet,” author Adam Kucharski calls it “scientific betting.”

“The techniques are now so effective – and the wins so consistent – that teams…don't celebrate when their predictions come good.”

These groups participate at an institutional level. They bet big because that is what the math dictates. It is cold, calculated investing. Kucharski continues:

“It's not cheap to set up a scientific betting syndicate. To gather the necessary technology and expertise, not to mention hone the prediction method and place the bets – costs most teams at least $1 million. Because betting strategies are expensive to run, teams in the United States often seek out racetracks that offer favorable gambling conditions.”

According to court filings from 2017, The Stronach Group (now 1/ST) owns Elite Turf Club.

Based on a variety of projections which TIF has updated to account for 2020 figures, we estimate total betting from the HVBS/SPMOs was likely between 33% and 40% of total U.S Thoroughbred handle, in the vicinity of $4 billion out of the total $10.92 billion. The reality could be higher or lower. In 2003, they represented approximately only 8% of total wagering.

These groups might not be growing, but rather they are representing a larger percentage of wagering as mainstream horseplayers abandon racing, or shift more of their action to legal sports betting options.

The majority of play from the HVBS/SPMOs is not counted in the ADW figures. Customers like those at Elite, and it is only a few customers, place their bets directly into the pools, bypassing an ADW intermediary. There are also smaller computerized robotic wagering groups which DO process bets through ADWs, entities betting tens of millions annually. Their total handle is unknown to the wider industry because it is commingled with ADW betting.

Bettors may not understand how the big HVBS/SPMO groups operate and exactly what they are betting, but they can readily observe their impact on the game.

What horseplayer hasn't watched as a horse that is last into the gate at 23-1, breaks on top and is never headed, winning at a much-reduced 11-1? Horses routinely enter the gate at 5-1, only to win at 5-2. Or in the last flash of a mandatory payout when a bet of half a million dollars shows up in the pool?

These are discouraging experiences for the people who cash a bet in those races and draws headshakes from many others. For more than two decades, these incidents have plagued North American racing's customers without any meaningful attention or action from track operators. Perhaps their most noteworthy response has been removing the odds from the screen in the final seconds of loading through the first quarter-mile of a race so the drops are less visible. In many cases, the big syndicates wagering hundreds of millions annually through HVBS/SPMOs are the cause of such price crunches, degrading the experience for everyone else.

The inability of regular horseplayers to have any idea what price they are getting damages the product every day. Sports betting customers know exactly what their return will be if their bet wins. What was once a harmful feature of pari-mutuel wagering is now a huge competitive disadvantage.

Sports betting is growing at an explosive rate with attractive betting offerings and widespread distribution. Operators are spending vast sums using bonuses and promotions to acquire customers and are embracing modern betting technology.  That is not bad news for racing companies in the racing wagering space, like TVG and TwinSpires, whose parent companies run sports betting businesses, but it is bad for those who depend on purses for their livelihoods.

For the last 25 years, as betting shifted online, purses in many North American jurisdictions have been bolstered by subsidies from additional gaming, be it slot machines, video lottery terminals (VLT), historical horse racing (HHR) machines or others. That era in American racing is far closer to sunset than sunrise as casino wagering moves online where revenues are undivided. Decoupling racing from slot and casino revenues will likely increase. While all stakeholders in racing should undoubtedly pursue every funding source possible, the single greatest, sustainable source of revenue for racing on the continent remains actual wagering on racing.

There are avenues for improvement, but any efforts to attract new wagering on racing will fall flat if the North American racing industry fails to embrace integrity across the sport – within its wagering systems, betting platforms and the running of the races themselves.

In our next installment, one leading expert makes it clear – doping in racing is intertwined with gambling. So why is gambling almost never referenced or investigated in North America in such cases?

Coming Thursday, April 15 – Part 2 – Intertwined

Review the Executive Summary to “Wagering Insecurity”

Want to share your insights with TIF? Contact us here. 

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