Johnny Taboada | Horse Racing Free Tips

Politically Powerful Law Firm Hired To Issue NorCal PRA Requests

At a make-or-break time for Northern California racing interests as they attempt to build a racing circuit in the void left by Golden Gate Fields's imminent closure, two key players in those efforts have been on the receiving end of public records requests from Benbrook Law Group, a law firm well-known for their involvement in high-profile political campaigns, including the failed effort to recall Governor Gavin Newsom.

Some Northern California stakeholders said they suspected political intimidation was the motive for the request when the balance of the industry's economic power in California is up for grabs, and at a time of heightened tensions between industry interests in the North and South of the state.

“This constant back and forth that's happened is really unfortunate. It's not sustainable,” said owner-breeder Justin Oldfield, who chairs a working group to help facilitate ongoing racing in the North. “Racing in California is in jeopardy here. We need the North. We need the South. We need to figure out a way to make this all work.”

It's currently unclear who or what entity hired Benbrook Law group to file the 10-page Public Record Act (PRA) requests sent to the California Authority of Racing Fairs (CARF) and the Alameda County Fair.

Broadly speaking, the PRA requests ask for records and communications related to the closure of Golden Gate Fields, and to the continuation of Thoroughbred racing after the closure of Golden Gate Fields. This includes any records related to the creation of a new entity, “whether public or private,” that would “participate in hosting or conducting Thoroughbred racing,” and the allocation of wagering proceeds once Golden Gate closes.

Aside from its role in the campaign to recall Gov. Newsom, Benbrook Law Group has been involved in several high-profile politically-driven legal campaigns with a right-wing bent, including in recent years challenges to affirmative action programs, and a lawsuit against the state by the Firearms Policy Coalition challenging gun and ammunition disclosure laws.

After a Sacramento County Superior Court judge ruled to give supporters of the effort to recall Gov. Newsom more time to collect the necessary signatures for a special election, it transpired that the judge and Bradley Benbrook–who founded Benbrook Law Group–were once attorneys at the same Sacramento law firm, and had served as co-counsel on at least two cases.

Before last month's California Horse Racing Board (CHRB) meeting, the Thoroughbred Owners of California (TOC), The Stronach Group (TSG) Los Alamitos and Del Mar Thoroughbred Club (DMTC) issued a joint submission to the CHRB, asking the regulator to allocate race dates for the last 14 weeks of 2024 and for 2025–beyond the Northern fair meet dates–with operations concentrated in the South.

Citing the tough economics of maintaining parallel North-South racing circuits, the letter also outlined a broader set of proposals, including a possible legislative change to permit Los Alamitos to card night Thoroughbred races beyond 4 1/2 furlongs for $5,000 claimers and below, and $8,000 maiden claimers.

Against a backdrop of strong vocal support from NorCal stakeholders, representatives from CARF unveiled during the CHRB January meeting possible plans for a racing circuit in the North to be based at Cal Expo in Sacramento or at Pleasanton, which hosts the Alameda County Fair.

Stakeholders in the North appear to have until the March 21 CHRB meeting to assemble a concrete proposal for extended racing operations beyond the summer fairs.

According to Jerome Hoban, CEO of the Alameda County Fair and CARF board chair, Pleasanton has become the primary focus for a racing HQ in the North.

“CARF Board voted last week to support Pleasanton as being a potential hub for Northern Racing,” wrote Hoban, in an email on Feb. 11. He added that “many details need to be worked out to make this a reality,” including contract negotiations related to the property and on financing.

One such negotiation would appear to concern Pleasanton Golf Center Driving Range, which currently operates within the fairgrounds.

“The Alameda County Fair Board will need to approve the plan and ultimately, the CHRB would need to allocate the dates and license the meeting,” wrote Hoban. “We know that Northern California racing is vital to the entire industry as well as the Fairs. The economic impact of Northern racing is staggering and has a broad reach across several states.”

Prior to the January CHRB meeting, three TOC board members resigned from the organization in protest at the joint submission to the state regulator.

“It is clear to us that the current leadership is not being transparent and not working to represent the entire state of California,” wrote Lindsay LaRoche, Johnny Taboada and Ed Moger, in their resignation letter.

TOC leadership subsequently pushed back against several claims made in the letter.

Another point of leverage in the ongoing negotiations concerns legislation passed last September that means if Golden Gate Fields is not licensed to operate beyond July 1, proceeds from simulcast wagering in the north are funnelled south when there is no live racing in the northern half of the state after that date.

It is currently unclear who or what entities have hired the Benbrook Law Group to issue the PRAs. The TOC, TSG, DMTC, Los Alamitos and PETA have all denied hiring the firm. Benbrook declined to answer the same question.

In response to claims that the company had been hired to intimidate Northern racing interests at such a sensitive stage of negotiations, Benbrook wrote that it is “hardly political bullying or intimidation” to ask a public entity to comply with its public record disclosure obligations.

“All the more so considering that these public entities appear to be using public resources to figure out how to make money from gambling proceeds,” Benbrook wrote. “Your questions suggest that some parties think all of this should be happening outside the public's view; we respectfully disagree with that.”

Long-time Northern California owner-breeder Tom Bachman said that “there's a lot of skulduggery going on” as the fight over the future of horse racing in California plays out.

“I think they're going to make whatever push they can to collapse the North,” Bachman added. “If they threaten Pleasanton, that's the heart of being able to keep the North up and going.”

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Vocal Two-Circuit Supporters in Cali Come Out Firing in First of Many Expected North/South Skirmishes

The precarious, up-in-the-air future of California racing and whether or not the state can continue to support two geographic year-round circuits was made no clearer after Thursday's California Horse Racing Board (CHRB) meeting. The 3 1/2-hour session was dominated by discussion of competing North-versus-South plans that both tried to carve a sustainable path forward while underscoring the dire circumstances that face the industry with the June 9 closure of Golden Gate Fields looming like an unavoidable asteroid.

Although the CHRB concluded the meeting–which featured testimony that was at times emotional, hopeful, angry, and even ominous–without taking any voting action on the situation, proponents behind ideas that would turn one of the NorCal fairs locations into a venue capable of hosting nearly year-round Thoroughbred racing had a decided edge in turnout and vocal support.

In part, that's because those NorCal-based supporters enjoyed a home-track advantage, because the Jan. 18 CHRB meeting was held at Cal Expo in Sacramento, the preferred location for a year-round venue as outlined in a presentation by the California Authority of Racing Fairs (CARF).

But the locale wasn't the only factor, as much of the back-and-forth debate also came across as a referendum about larger racing entities allegedly trying to trump smaller ones, whether or not 1/ST Racing and Gaming–which owns both Golden Gate and Santa Anita Park–will be good for the state in the long run, and whether or not the Thoroughbred Owners of California (TOC) organization speaks for all the stakeholders in the state or just the higher-end stables based in SoCal.

Yet it was telling that no fewer than 26 industry stakeholders spoke before the board on this wide-ranging, controversial North/South topic during the public commentary period, and not a single one voiced support for an alternate plan proposed by TOC in conjunction with executives from Santa Anita Park and Del Mar Thoroughbred Club.

That TOC-backed concept would consolidate all commercial-track racing in the state at SoCal. The goal would be to maintain level purses there under a simulcast revenue “redirect” plan that would also try to accommodate displaced Golden Gate outfits by creating more opportunities for lower-level horses to race at Los Alamitos Race Course, dropping the “claiming floors” at both Santa Anita and Del Mar, and establishing “relocation allowances” for stables that had to pack up and move.

The TOC's takeaway message was that even though it is in support of any “feasible and viable” plan to keep year-round racing afloat in NorCal, a danger exists in the form of increasing economic pressures in the South that, in turn, could contribute to millions of dollars in purse overpayments at Santa Anita and Del Mar that would likely erode the overall California product.

“With the closing of Golden Gate, can we continue to support two full-time circuits? This is a fair question,” said Bill Nader, the TOC's president and chief executive officer.

“We are running out of time,” Nader continued. “If there is agreement on one point, I think it would be that the latest possible decision on the allocation of 2024-25 race dates would be at the CHRB meeting in March. This would help re-establish stability and certainty for the many who are looking for answers.”

Nader's tone was largely somber and straightforward as he discussed the TOC's rationale with executives from 1/ST Racing and Del Mar presenting alongside. But at times his comments were met with derision and catcalls from opponents, who greatly outnumbered the supporters of the TOC's plan.

Many of those same folks also cheered and applauded any mentions of trying to save year-round NorCal racing.

At one point, CHRB chairman Gregory Ferraro, DVM, asked audience members to respect decorum so that the outbursts wouldn't bog down the meeting. But his request to “stop the clapping and the booing” went largely unheeded.

Larry Swartzlander, the executive director for CARF, detailed his organization's work-in-progress plan to install a seven-furlong track inside the current main mile oval at Cal Expo, which for years has largely hosted Standardbred racing outside of the short season that the Thoroughbred fair races in Sacramento.

Swartzlander said Cal Expo would likely race 103 Thoroughbred dates in the future (on the outer oval), with cards scheduled roughly twice weekly when the other NorCal fairs weren't in season.

“We are looking at funding from horsemen, CARF, and potential grants,” Swartzlander said, admitting that his plan is just in its initial stages because horsemen in California have only known since July about 1/ST Racing's plan to close Golden Gate.

As a result, Swartzlander was light on specifics such as firm costs and a timeline.

Swartzlander said next up is a Jan. 26 meeting with the Cal Expo board of directors seeking conceptual approval.

“If the board does decline to approve racing at Cal Expo, we will move to Pleasanton,” as a potential year-round NorCal racing home, Swartzlander said. “The Pleasanton board is very strongly in support of racing, and if I have to make one commitment to you, Pleasanton will race.”

When CHRB executive director Scott Chaney pressed Swartzlander for cost details, Swartzlander gave an estimate for state-owned Cal Expo's overhaul in the $1- to 1.5-million range.

Chaney expressed surprise at such a low figure.

“I'm not going to lie. I think you're very low,” Chaney said.

“One of the things that concerns all of us is uncertainty right now,” Chaney said. “We're, I'm sure, bleeding horses every day because there's no clear plan. We don't know what we're doing in the future [and] I am concerned about timeline and cost at Cal Expo. I just think it's unrealistic. I know it's unrealistic, to be honest.”

Commissioner Wendy Mitchell said she appreciated CARF's efforts at coming up with a plan, but also expressed doubts.

“I don't see how any of this lines up,” Mitchell said. “And I guess my concern from a regulatory or from the industry perspective is I don't want to create false expectations for people that are really unattainable…. I don't mean to be negative or a doubter, but I'm trying to be realistic and pragmatic about what the industry is facing.”

Commissioner Damascus Castellanos said that the time crunch and uncertainty was caused by 1/ST Racing, not CARF.

“The industry was kind of slow to get going on this whole thing,” Castellanos said. “We would be so further along if [1/ST Racing] came to us with proper notice [and] the groups in this room today probably could have gotten together and been done with this plan.”

Ian McLean, an owner and breeder, said during the public commentary session that the CHRB itself is partly to blame.

“If I'm not mistaken, this board works for us. We don't work for you,” McLean said. “The one thing that I've asked this board for years and years is to give us more attention in NorCal. Give us more time. Make us more important. Listen to what we have to say, and make us feel like we matter. And I don't think that's been done.”

McLean said the CHRB's response to CARF's proposal is too focused on negativity and “looking for the holes” in the plan.

“And I agree that you should look for the holes,” McLean continued. “But you should also look for 'How could we patch those holes?'”

Jamey Thomas, a third-generation NorCal trainer, advocated for the CHRB taking a slower approach.

“CARF needs time to get all this situated and done,” Thomas said. “It's kind of been a rush job. They're rushing us, forcing us, to get this stuff done faster than it can be done. Again, if they had let us know a year ago, by now everything could have been in place, we would have had a place to run. And we will have a place to run. The thing is, we just need the time.”

Tom Bachman, who said he's been breeding and selling Thoroughbreds in California for 40 years, underscored that the state's bloodstock industry works on a different timeline.

“My concern as a breeder is that the decisions I make today, the results are three or four years away when I've got to sell,” said Bachman. “So it's very difficult to have faith that three or four years from now there's sustainable racing in California. So my breeding now has moved to Kentucky.”

Johnny Taboada, who was a TOC director until last Sunday, when he was one of three directors to resign in protest over the TOC's proposed statewide consolidation, told the CHRB that the NorCal fairs are in jeopardy without a year-round track in the region.

“If you rush into the decision without giving the chance for the NorCal [entities to come up with an plan for a] circuit, you're going to not only put people out of work, you're going to be closing the fairs as well,” Taboada said. “If we don't have the dates assigned to the North and therefore the money goes to the South, that will be the end of not only NorCal racing, but also the fairs.”

CHRB chairman Ferraro wrapped up the session by saying that this is only the first major discussion on an enormously important topic.

“We needed your information. We need your input,” Ferraro said. “I'm telling you, it's not easy sitting in this chair looking at this situation. It is almost a no-win situation for this board. We're going to do the best we can to do right by everybody. But obviously, we have no decision-making [Thursday], so we will have to end this meeting without a decision, and we'll see what happens over the next couple of months.”

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Moger, LaRoche, and Taboada Resign from TOC

Three directors of the Thoroughbred Owners of California (TOC) have resigned from their positions in protest of the board's co-signature on a proposal to the California Horse Racing Board (CHRB) that would concretize racing operations in South California at the expense, they say, of a potential viable racing circuit in the North.

The former directors also claim the proposal was submitted without their prior knowledge.

“On January 5th a letter from the TOC and the Southern California racetrack operators was sent to the CHRB requesting the allocation of race dates for late 2024 and 2025. Of course, these race date allocations would pre-empt the opportunity for a racing circuit in the North. The key point here is that this letter was written without our knowledge and despite the fact that the entire board met two days prior,” write Lindsay LaRoche, Johnny Taboada and Ed Moger in a letter to the TOC dated Jan. 12.

“By no means are these the only times the interests of Northern California members have been ignored or subjugated by TOC leadership,” the letter adds. “It is clear to us that the current leadership is not being transparent and not working to represent the entire state of California.”

The resignations come at a fraught time for the California racing industry as it attempts to piece together a revised racing framework in the wake of Golden Gate's impending closure in June and amid declining economic benchmarks.

With the clock ticking, complicating matters is how the California Association of Racing Fairs (CARF) has yet to publicly submit a proposal as to a potential Northern racing circuit beyond its annual fair dates. This year's fair schedule is currently set to close out with a fall fair meet at Fresno from Oct. 2 through the 13.

According to TOC president and CEO, Bill Nader, the board members were indeed informed during its meeting earlier this month that the organization would be submitting a letter to the CHRB ahead of its Thursday board meeting, outlining plans for consolidated racing operations in the South as a contingency “in the event the North does not put forward a viable plan that gains CHRB approval.”

“As far as the details in the packet, I wanted that included for transparency so that everyone had a chance to look at it before the meeting commenced–it's a lot to take in on the spot,” said Nader.

In a joint submission to the CHRB, the TOC, Los Alamitos chairman and CEO Ed Allred, I/ST Racing and Gaming CEO Aidan Butler, and Del Mar president and COO Josh Rubinstein ask the regulator to allocate race dates for the last 14 weeks of 2024 and for 2025 with operations concentrated in the South–beyond the Northern fair meets–citing the tough economics of currently maintaining twin North-South racing circuits.

The submission outlines a set of proposals, including a possible legislative change to permit Los Alamitos to card night Thoroughbred races beyond 4 1/2 furlongs for $5,000 claimers and below, and $8,000 maiden claimers.

Los Alamitos vice president Jack Liebau recently told the TDN that a legislative fix to go into immediate effect–as opposed to the start of January 2025, like most bills passed this year–needs an “urgency clause” requiring a two-thirds vote by the legislature.

Nader said that no decision will be made during this Thursday's CHRB meeting about race-date allocations.

“I personally do not see this discussion on the 18th being contentious,” said Nader, about the upcoming CHRB meeting. “I think it's just stating the facts and opening eyes to where we've been in the last 20 years, where we are now, and where we're going. No decisions will be made–it's only background.”

Nader also said that at the behest of the TOC, track management at Del Mar, Santa Anita and Los Alamitos had pushed back the deadline for the allocation of race-dates–from what would have required an “emergency” CHRB meeting in February to the regular CHRB meeting in March.

“At our board meeting [earlier in January], all three tracks had the opportunity to be present and speak at the beginning of the meeting. We did speak to them and we did get them to relax their position, to say that they were willing to wait until the 21st of March, at the March CHRB meeting,” said Nader, who added that CARF executive director, Larry Swartzlander, declined an offer to attend the TOC meeting.

“So, we were being responsive and respectful to the North,” Nader said. “It's been six months, we still haven't seen a plan [from CARF]. There are people all through the state getting very anxious.”

In their resignation letter, the three former TOC directors also claim TOC leadership “does not represent the interests of Northern California owners,” highlighting the recently announced 25% cut in purses at Golden Gate Fields–a result of a $3-million deficit in the track's purse account.

“Recently, the Northern California Racing Committee unanimously voted to oppose the purse agreement proposal from 1/ST Racing for the final Golden Gate Fields race meets,” the letter states.

“The result of this vote was not deemed important enough by TOC leadership to effect the TOC's approval of the cuts or even to be presented to the TOC Board as a whole for a vote,” the letter adds.

“There are emails and board minutes that would suggest otherwise,” said Nader, when asked about these claims. He added in a follow-up text that the TOC “did discuss the GGF purse cuts” at the January Board Meeting.

“It's a struggle, North and South. It's just a difficult time,” Nader added. “I'm not being critical of anyone. It's just the environment we're in right now. Everybody's just a little teed up–it's unfortunate.”

Efforts to consolidate racing operations in the South were given a major fillip in September of last year, when California lawmakers passed legislation that means if Golden Gate Fields is not licensed to operate beyond July 1 this year, proceeds from simulcast wagering in the north are funnelled south when there is no live racing in the northern half of the state after that date.

Moger did not respond to a request for comment prior to publication.

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In Honor of Autism

When you live within the world of autism, you have a special antenna for the word and its associations, a heightened sensitivity. It was on a late December evening that a horse called In Honor of Autism came onto this radar running at Golden Gate Fields. In fact, there were two runners in the silks of Johnny Taboada in the race, the other named Talk About Autism. Lo and behold, the former–a son of Stanford–won and my interest was peaked. I have a son, Dylan, who is non-verbal and, we now know, very intelligent after we discovered he can use a letterboard to communicate. He also loves racing (thanks to me) and Frankie Dettori, Frankel and Stradivarius, among others. It's his love of all things important to those around him that shines.

In autism, there is very little space for certainty or dogma but the one thing that unites all is the knowledge that it requires a radius of positivity around the child, other relative or friend that it has touched. Negativity may be the natural go-to resort of the overwhelmed and the stressed, that's normal, but nothing works or moves forward without its opposing energy in this sphere. Unsurprisingly, given the salvation, emotional shelter and sanctuary that horses offer to the most vulnerable, autism and this animal make for the perfect blend. At the highest point of reference to prove the connection, there is “The Horse Boy”, the magical story of a non-verbal, agonised youth who was unlocked by a chance encounter with this animal which eventually led to a period of engagement with a Mongolian tribe of nomadic shamans.

Autism and horse racing have yet to combine with real potency, but the beginnings of a relationship are forming. Witness Britain's “Autism In Racing” movement which has prompted high-profile racecourses to offer specialist services such as sensory rooms, thanks to the exploits of Bobby Beevers, one of many who have had autism enter their lives and turned crusader as a result. Another is Taboada, who has taken his son's diagnosis and turned it into a force for good.

When you speak to Taboada, the power of his own positivity also emanates like a physical force. At the moment that the Pleasanton mortgage consultant bought his first yearling, his 2-year-old son Renzo was given the label autistic. Instead of escaping his new reality and turning inward, he faced the challenge head-on (and this was in the early 2000s, when believe me, autism was still very much a hidden enigma shrouded in mystery) and named the runner Autism Awareness, a $1,000 purchase at the CTBA Northern California Yearling Sale who raced on the kind of wave of optimism and hope that graces the likes of Cody's Wish now as well as countless others with lower profiles. In early March 2008, the Genaro Vallejo-trained son of Tannersmyman went to Bay Meadows and brought the house down in the GIII El Camino Real Derby at 62-1. The following May, the dark bay was at it again at inflated odds in the GIII Berkeley S. and he continued to carry the word over several seasons.

These days, the sight of Taboada's horses bearing the flame for the awareness of, understanding of and help for autism is thankfully a common one. “It's my duty, my mission to combine the name of autism with every horse,” he states after a period that has seen him name 50-plus horses in that way. “We try and raise awareness in different parts of the world. We have something in common with others who have autism in their lives; we can talk and come together. Fifteen years on from that El Camino Real Derby, I can see it was nothing more than good karma and the vibes around it that made that happen. We're keeping the message into the second and third generations now. I want autistic people to be embraced, to have the opportunity to belong and to be treated with respect. I'm very blessed and want to try and always send the message across.”

Taboada's colours include the autism “puzzle” trademark, with the horse motif squarely in the middle. He has a Facebook page, “Horses For Autism”, which promotes inclusivity and provides the opportunity for the community to come together. On it there is a promo for the stallion Touched By Autism, who stands at Whitehouse Equine in Stockton, California. There are plans afoot to partner with a local ranch to create a special place for the horses and provide a space for families to connect. “I want to take it to the next level,” he says. “This is not just about me and my family; it's about all of us. We need to spread the word. The soul of a horse is so deep. How they connect with us and particularly with those with special needs, it's meant to be–it's for us to facilitate it. In our industry, there are a lot of things to correct, but when people see positive messages, it can only be good for it.”

“I never thought we were going to do well, it's just happened organically,” Taboada concludes. “You never know which horses will do well, you just keep at it and for me, the more I talk about autism, the more I feel like I'm doing my part. Renzo is very well-liked in the racing world, his passion is for meeting new people as he's a very sociable young man. The racing setting always welcomes him, so it makes it a very pleasant place for him to be. For him, it's about being part of something more than the winning and losing. I feel we can carry this to a higher level–we need the positive message and positive news. Horses are definitely the animals that can connect with this community. We need to keep that karma and the right vibes and maybe there's something else that's beyond our comprehension that looks after us.”

When it comes to autism, the most important thing may be inclusion. Racing is the perfect environment for it, with the ideal mix of humility and empowerment that the horse provides so naturally. For Renzo, Dylan and millions of others who have been given that diagnosis, it offers another avenue to the place of greater self-esteem and greater self-worth that they deserve to inhabit. All power to the people who are paving the way now and those who continue to do so.

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