Three Jockeys to Become Test for Contested HISA Enforcement

The legal rabbit hole deepened on Tuesday in one of four lawsuits designed to derail the Horseracing Integrity and Safety Act Authority (HISA), pulling jockeys Drayden Van Dyke, Miguel Vazquez and Edwin Gonzalez into the fray as plaintiffs alleged new harms resulting from rule enforcement they believe is in contempt of a court order.

Plaintiffs led by Louisiana, West Virginia, and the Jockeys' Guild moved for a federal judge to issue an immediate order to enforce its July 26 injunction to keep Guild-member jockeys from being subject to HISA rules nationwide. The plaintiffs also want the judge to make the HISA defendants explain to the court why they should not be held in contempt for “flagrantly violating this Court's injunction within a mere four days after this Court entered it.”

A series of filings Aug. 2 in United States District Court (Western District of Louisiana) centers on different interpretations the two sides have regarding what Judge Terry Doughty meant when he wrote in that July 26 injunction that, “The geographic scope of the injunction shall be limited to the states of Louisiana and West Virginia, and as to all Plaintiffs in this proceeding.”

The plaintiffs-most specifically, the Guild-believe the judge's words apply to “all of the members of the Jockeys' Guild, regardless of the U.S. jurisdiction in which the jockey is riding.”

The HISA defendants have steadfastly maintained that individual members of the Guild are clearly not plaintiffs in the lawsuit, and to consider them that way “would wreak havoc on the sport. For example, many jockeys are not Guild members, such that different rules would apply to jockeys riding in the same race.”

Separately, the defendants have made a formal motion asking for a clarification of the wording in the injunction, but the court docket indicates the judge might not offer one until next week, unless Doughty opts to expedite the matter.

And beyond that, the defendants' appeal of their turned-down request to put a stay on the entirety of the July 26 preliminary injunction is headed for the Fifth Circuit Court of Appeals.

Confused yet? There's more. This case is only one of four lawsuits initiated at the federal level this year to keep HISA rules from going into effect nationwide. The first two got tossed out by judges but are in the process of being appealed. The fourth just got filed on Monday in a Texas court.

According to Tuesday's filings, Guild-member jockeys Van Dyke, Vazquez and Gonzalez are just the first three jockeys that the plaintiffs believe are being harmed by the allegedly contemptuous enforcement of HISA safety rules.

“Though the ink has not yet dried on this Court's order preliminarily enjoining Defendants from enforcing HISA's unlawful rules, some Defendants have already decided that they need not follow the Order,” the filing stated. “[D]espite the Order's plain text, the Authority Defendants continue to implement and enforce the enjoined rules against members of Plaintiff Jockeys' Guild.”

According to the filings, on July 27, one day after the allegedly unclear order was issued, a HISA spokesperson stated that “HISA will continue to enforce its rules in all applicable jurisdictions, with the exception of Louisiana and West Virginia. Outside of those states, the court order applies only to the five individuals specifically named in the case.”

And on July 29, the filings stated, the California Horse Racing Board (CHRB) put out an advisory that stated, “Unless and until a federal court clarifies an earlier ruling by indicating otherwise, the CHRB will continue to honor its agreement with HISA by enforcing HISA safety rules, including the rules covering use of the riding crop, as the CHRB has been doing since HISA rules went into effect on July 1.”

Then on July 30, Del Mar stewards issued a ruling against Van Dyke for his use of the riding crop in a July 29 race that they deemed to be in violation of HISA Rule 2280, imposing a $250 fine and one-day suspension.

“The suspension is set to preclude Mr. Van Dyke from racing on Aug. 6, but he must confirm participation on Aug. 3 for that race day,” Tuesday's filing stated. “To be clear, Mr. Van Dyke is a member of Plaintiff Jockeys' Guild and thus Defendants are enjoined from implementing and enforcing the enjoined Racetrack Safety Rules against Mr. Van Dyke.”

The filing continued: “Compounding this problem, over the weekend, Plaintiffs were informed that the HISA stewards at Gulfstream Park in Hallandale, Florida plan to issue multiple rulings against members of Plaintiff Jockeys' Guild for similar violations.”

For actions during July 31 races, the filing stated, “HISA stewards intend to issue written rulings on Aug. 5 against Miguel Vazquez [for] a violation of enjoined HISA Rule 2280 that prohibits a jockey from raising his wrist above a certain point before striking a horse with his riding crop; and Edwin Gonzalez for a violation of enjoined HISA Rule 2280 for a different riding crop violation.”

Both Gulfstream jockeys are expected to receive fines of $250 each, one-day suspensions, and points to escalate penalties for subsequent violations.

“Through these continued enforcement actions, the Authority Defendants thus have made clear that they seek to enforce enjoined rules against Plaintiffs' members throughout the country outside of Louisiana and West Virginia,” the plaintiffs' filing stated.

The plaintiffs are asking the judge to award compensatory damages to cover the allegedly lost purse earnings that the above three riders will incur, plus a “coercive fine of $250 per day for each day any points assessed…as a result of HISA's contempt are not purged from their records.”

The Guild-backed plaintiffs also want those damages to apply to any other Guild members who get subsequently penalized while this issue is contested in the courts.

With regard to how the judge might rule in his clarification of the injunction, the plaintiffs noted in court documents that “nearly 50 years of Supreme Court case law” is on their side, because precedents confirm that “members of associations are entitled to the benefits that their associations obtain in litigation.”

In the overall lawsuit, the HISA Authority, the Federal Trade Commission, and board members and overseers of both entities are alleged to have violated the Fourth, Seventh and Tenth Amendments to the Constitution, plus the Administrative Procedure Act (APA), which governs the process by which federal agencies develop and issue regulations. An adverse ruling against the defendants could mean a reopening of public commentary periods and a rewrite of all existing and in-the-pipeline HISA rules.

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HISA Stewards’ Rulings Report: 47 Violations of the Crop Rule

The Horseracing Integrity and Safety Act (HISA) has published a list of 47 violations of the crop rule covering its first three weeks in effect. In the future, this information will be available publicly at hisaus.org.

All 47 HISA Stewards' rulings listed below are related to violations of the crop rule.

Arapahoe – 1 (Colorado): Bryan McNiel.

Belmont – 2 (New York): Herman Harkie; Jose Gomez.

Charles Town Races & Slots – 1 (West Virginia): Victor Rodriguez.

Delaware Park – 2 (Delaware): Pedro Coronil; Carlos Eduardo Rojas.

Emerald Downs – 9 (Washington): Jose Zunino x3*; Kevin Orozco x2*; Nicolle Disdier; Kenneth Deonauth; Javier Matias x2*.

Evangeline Downs – 3 (Louisiana): Charles McMahon; Victor Hernandez; Gerard Melancon.

Horseshoe Indianapolis – 6 (Indiana): Javier Padron-Barcenas; Santo Sanjur x2*; Gage Holmes; Sonny Leon; Reyluis Gutierrez.

Laurel Park – 1 (Maryland): Feargal Lynch.

Los Alamitos – 9 (California): Edgar Payeras; Erick Garcia; Abdul Alsagoor; Francisco Orduna-Rojas; Diego Herrera; Ricardo Ramirez x2*; Cesar Ortega; Ryan Curatolo.

Mountaineer Park – 4 (West Virginia): Fausto Henrique Da Silva; Charlie Oliveros; Alex Gonzalex; Eddie Jurado.

Parx Racing – 1 (Pennsylvania): Abdel Mariano-Ramos.

Penn National – 1 (Pennsylvania): Ricardo Chiappe.

Prairie Meadows – 5 (Iowa): Elvin Gonzalez; Alex Canchari; Walter de la Cruz; Kevin Roman; David Cabrera.

Presque Isle Downs – 1 (Pennsylvania): Isaiah Wiseman.

Saratoga (New York): Jose Gomez.

VIOLATIONS INVOLVING FORFEITURE OF PURSE

Arapahoe Park: Bryan McNeil – 11 strikes – $500 fine; three-day suspension; 5 HISA class 2 points; purse redistribution.

Delaware Park: Pedro Coronil – 10 strikes – disqualification of purse.

Charles Town Races & Slots: Victor Rodgriguez – unspecified strikes – $500 fine; three-day suspension; purse redistribution.

Prairie Meadows: David Cabrera – 10 strikes – $500 fine, three-day suspension; 5 HISA class 2 points; $250 fine for whip after maximum placing.

Emerald Downs: Kenneth Deonauth – 12 strikes – $500 fine; 3-day suspension; 5 HISA class 2 points; no loss of purse as did not win purse money.

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Dylan Davis Hopes to Keep Momentum Going at Saratoga

Jockey Dylan Davis was pretty much an afterthought at the 2021 Saratoga meet, where he won 18 races and finished tied for ninth in the standings. Expect that to change this year at the Spa. Davis, though winless through the first two days of the meet, may just be the most improved rider in the sport.

The 27-year-old jockey served notice that he had reached a new level in his career when winning the Aqueduct winter meet, his first-ever riding title, with 64 wins. He was second in the Aqueduct spring meet with 18 winners, finishing one victory behind Kendrick Carmouche.

But there have been plenty of jockeys over the years who have done well at the Big A only to have to take a back seat to the many top jockeys who return from other tracks for the Belmont Spring meet, the Ortiz brothers, Joel Rosario, Luis Saez, John Velazquez, Flavien Prat. Davis turned out to be an exception to what is more or less a rule. He won 47 races at Belmont, losing out on the riding title by one win to future Hall of Famer Irad Ortiz Jr. Davis had a four-win lead over Ortiz coming into the final weekend of racing at Belmont, but Ortiz finished up with six wins over the last two days to nip Davis for the title.

“It was the best meet I've ever had,” Davis said. “I had the leading rider in the country chasing me down. I was in a good position and I did the best that I could. Unfortunately, I finished second best, by one win. Still, it felt great.”

What's been the difference?

“Everything kind of came together this year and everything started going in the right direction,” he said. “I'm definitely improving every year and building up my confidence, which trainers and owners like to see. Also, I'm building relationships with more trainers. They have more trust in me to get the job done out there. My agent is Mike Migliore (whose brother is Richard Migliore) and we've been working hard every year and there have been a lot of stepping stones for us. I've been with him for about five full years now. He's done a tremendous job. On and off the track, he's been a big supporter of mine and always points me in the right direction. He wants the best for me and he's helped me become a better communicator and more confident. He's always telling me to be confident.”

Even with the momentum he has coming off the Belmont spring meet, Davis has fairly modest expectations for Saratoga. He knows he will not contend for leading rider, not against a group of rivals that makes up the best riding colony in the U.S.

“I was ninth in the standings at Saratoga last year and one goal is to finish higher up than that,” he said. “I'm shooting for top six, and I think that is realistic. It will be a tough meet, no doubt. But if I can finish in the top six, that would be a tremendous meet for me.”

The biggest obstacle facing Davis is that he hasn't worked his way into the very top barns on the New York circuit, a problem at Belmont but an even bigger problem at Saratoga where the likes of Chad Brown and Todd Pletcher dominate. Davis has been riding since 2012 and has never ridden for Pletcher in Saratoga and has ridden just one horse there for Brown. He normally gets the bulk of his mounts from the more blue-collar stables, like Ray Handal, Dave Donk and Charlton Baker.

“I'm not sure how much new business I will get here,” he said. “It's difficult because so many trainers have relationships with established riders. To be able to compete here and win races without the elite trainers, that feels great. Mike and I, we've established a good business and have won for a lot of people. It would be very nice to ride for the top trainers, but I'm doing ok without them.”

He has made some inroads into some of the top barns of late. Hall of Famer Mark Casse gave Davis the mount on Adora (Into Mischief) in the GIII Schuylerville S. on opening day. He will also ride Boppy O (Bolt d'Oro) for Casse in Saturday's GIII Sanford S. And Christophe Clement has been using Davis more often of late. He teamed up with Clement last year to win the GI E.P. Taylor S. at Woodbine with Mutamakina (GB) (Nathaniel {Ire}). The win was Davis's first and still only in a Grade I stakes.

Davis is the son of Robbie Davis, a top rider on the New York circuit in the eighties and nineties. He sister, Jackie, will also be riding at the Saratoga meet and another sister, Katie, the wife of Trevor McCarthy, was also riding in New York before giving birth to the couple's first child. Davis said his father is always there when he needs some help, but wonders if he's not too nice.

“Right now, he's telling me that I am riding great and to keep doing what I am doing because it is working,” Davis said. “I say, Dad, please tell me something, even if it is negative.' I'd love to hear that because I'm always trying to improve.”

Robbie Davis won 277 races at Saratoga, including 11 graded stakes. The list includes a pair of wins in the GI Hopeful S. Will the son eclipse his father? It looks like he's on his way.

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Bejarano Fifteenth Jockey to 500 Winners at Churchill

Rafael Bejarano became just the 15th jockey to record as many at 500 victories at historic Churchill Downs when the debuting juvenile filly Just Cindy (Justify) validated 6-5 favoritism for trainer Eddie Kenneally Friday afternoon.

A native of Peru who will celebrate his 40th birthday June 23, Bejarano began riding at the Louisville oval in 2003 and earned three riding titles (Spring, 2004-5, Fall 2005) before shifting his tack to California in 2008. Arguably Bejarano's finest hour in the saddle came beneath the Twin Spires in 2010, when he shoved Blind Luck (Pollard's Vision) across the line for a narrow victory in the GI Longines Kentucky Oaks.

Just Cindy was the 4,281st career win for Bejarano, whose mounts have earned over $217 million in prize money.

Other members of the Churchill 500 club include Pat Day (2,482 Churchill Downs wins), Calvin Borel (1,232), Robby Albarado (1,192), Corey Lanerie (1,172), Julien Leparoux (1,002), Don Brumfield (925), Larry Melancon (914), Jim McKnight (883), Charlie Woods, Jr. (757), Brian Hernandez, Jr. (740), Shane Sellers (738), Shaun Bridgmohan (728), Julio Espinoza (642) and Jon Court (583).

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