ken lowe | Horse Racing Free Tips

Letter to the Editor: Sport of Kings vs. King of Sports

by Ken Lowe

(TDN is re-running this letter to the editor, which originally appeared in Wednesday's newsletter, due to editing errors).

There were many empty seats at the table when HISA was invented, that being “Middle America Racing”, comprised of almost every jurisdiction between “the moon (California) and New York City (NYJC).” Now, being “blue collar horse folks,” we all know it takes three (3) legs for a stool and in this “fixed race” it was Kentucky. Throw kerosene on the flames, when certain trainers were indicted by the Feds and…as Fred Capossela and Costy Caras echoed, “It's now POST TIME!”

For years, horse racing was sometimes called the “sport of kings” but more appropriately resembles the “king of sports.” Few have billions of dollars to purchase a professional franchise, but actually every Thoroughbred owner has their own professional sports team. An athlete (horse), coach (trainer), quarterback (jockey), athletic trainer (veterinarian), and other similarities including a team name (Seabiscuit), uniform (colors) plus you can legally wager on your own team, (Pete Rose), now that's Americana.

Reading the Small Business Administration Act (1953), an act of congress, one could conclude that every owner/trainer in this country is a small business. The SBA was created as an independent agency of the federal government “to aid, counsel, assist, and protect the interests of small business concerns; preserves free competitive enterprise; and maintain and strengthen the overall economy of our nation. Small businesses fuel economic growth by insuring job opportunities and raising employment rates.”

The U.S. government often favors small businesses with incentives, tax cuts, grants, and good access to help to keep them competitive. Now that's more Americana.

But, “Whoa, Nellie!” Does HISA interfere with the SBA Act (1953) causing potential ending, hardships, unemployment, etc., to the racing industry? Is this government overreach, personified only to be overturned by the courts (Appeals and U.S. Supreme Court) as unconstitutional? Where in the U.S. Constitution does it allow to be formed an ill-conceived, forced mandate with little input by the industry, especially the hard-working horse caring and loving persons, numbering tens of thousands of people and thousands of horses potentially, in “Middle America Racing?” Folks up at 4-5 a.m., 6-7 days a week, calloused hands, stiff backs, and “boots on the ground,” who never had a say. That's not Americana!

The elimination of Middle America Racing will occur with the prohibition of Lasix, an approved medication for humans and equine. If you ever witnessed a horse bleed, you would condone the use of the diuretic. Humans take Lasix in tablet form. Reduce the public perception of treating horses with a “syringe?” and conclude, “there is no medical evidence that Lasix is harmful or a masking agent for horses” and Middle America Racing will continue….otherwise, it's the Golden Rule: “He with the gold makes the rules and that is anything but American!”

All across the United States, this wonderful Constitutional Republic, founded on a capitalist economic system, the end of racing by eliminating Lasix with an unfounded mandate, threatens all but the high echelon of the industry and we deserve better. Remember this quote from “Seabiscuit” the movie: “They say my horse is too small, my jockey's too big, my trainer's too old, and I'm too dumb to know it!” Well, the “racing heart of America” does know it and HISA should be on an indefinite hold until all the voices have a chance to be heard, the true facts known, and we all get along together, with the care and safety of horses and humans finishing first in every race. Now that's the Americana we all hope for!

Ken Lowe spent his earliest years around horses, began working in the mutuels at Charles Town in his teens until he graduated from Shepherd College, Shepherdstown, WV. He “scratched” the idea of attending law school and attended the New York Jockey Club School for Racing Officials, where twice Mr. Kenny Noe asked him to stay and work with the NYRA as a racing official. After years as a successful businessman, he became an owner and breeder within the Mid-Atlantic region. He served as President of the CTHBPA and is now serving as Chairman, WV Racing Commission, and RCI Board of Directors

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NFL Legend, Savior Of West Virginia Horse Racing: Tribute Paid To Sam Huff At Memorial Service

“Sam Huff saved the Thoroughbred breeding and racing industry in West Virginia.”

That declaration was made by Ken Lowe, the chairman of the West Virginia Racing Commission, as approximately 150 friends and business acquaintances gathered Monday afternoon at the Middleburg Community Center in Middleburg, VA. to pay tribute to Robert Lee “Sam” Huff. The Pro Football Hall of Fame football player and Thoroughbred owner and breeder died Nov. 13, 2021 from complications of dementia in Winchester, VA.

Lowe was one of several speakers at the service, which was held just a few furlongs from the farm where Huff lived with his longtime partner Carol Holden.

Among them was J.W. Marriott, Jr., the 89-year-old executive chairman of Marriott International, who fondly recalled Huff's long association with the company as the vice president for special markets. He told the story about Huff's persistent request for one of the parking spots at Marriott headquarters that were reserved for Marriott board members.

Shortly after Mr. Marriott granted Huff's wish, several other vice presidents complained. So, Mr. Marriott told those who complained that those spots were reserved “for board members and anyone else in the Pro Football Hall of Fame.”

Leonard Shapiro, a former sports writer and editor at The Washington Post, who co-authored Huff's autobiography “Tough Stuff,” talked about Huff's upbringing in a coal mining camp near Farmington, WV.

Frank Herzog, one of Huff's longtime radio broadcast partners covering the Washington Redskins, shared tales of their time together in press boxes across the country. (Huff spent more than 30 years as a broadcaster for the team.)

Keith McIntosh, a regional representative for Sen. Joe Manchin III of West Virginia, also made some remarks to the attendees.

The 35^th edition of the West Virginia Breeders Classics, co-founded by Holden and Huff in 1987, was held Oct. 9, 2021. The event has now generated more than $29 million in purses for the breeders and horsemen of West Virginia. In recent years, Huff served as the chairman emeritus; Holden still serves as president.

Lowe read an official resolution honoring Huff from the West Virginia Racing Commission that read in part:

“Sam Huff's efforts grew the West Virginia Breeders Classics into a premier event, bringing local and national television coverage to showcase the State of West Virginia, Jefferson County, Charles Town and the hard working people of the racing and breeding industries of West Virginia…The West Virginia Racing Commission would like to issue this resolution in honor of Sam Huff for his support, contributions and unwavering dedication to the Thoroughbred racing industry, the West Virginia Racing Commission and the State of West Virginia.”

In addition to starting the West Virginia Breeders Classics, Huff and Holden co-hosted a syndicated weekly radio show called “Trackside” for many years on their Middleburg Broadcasting Network.

The service also featured a video highlighting Huff's coal mine experience, his popularity as a member of the New York Giants and the cover story on him in TIME magazine.

Also in attendance was trainer Graham Motion, who trained Huff's stakes-winning filly Bursting Forth.

The service concluded with some personal remarks from Huff's namesake and grandson Robert Lee Huff III and music provided by the Mount Pisgah Baptist Church's gospel chorus.

Contributions in Huff's name may be made to Aftercare Charles Town, PO Box 136, Ranson, WV 25438. The 501(c)(3) organization is responsible for rehoming Thoroughbred racehorses that have raced at Charles Town.

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West Virginia Advances Model Rules; 2022 Implementation Hinges On Legislature

After a failed attempt last year to adopt a group of drug-related model rules that every other racing jurisdiction in the mid-Atlantic region has already implemented, the West Virginia Racing Commission (WVRC) on Monday voted 2-0 to advance to the state legislature new regulations concerning medication abuse and stepped-up penalty scales.

The July 12 passage of new rules concerning clenbuterol, non-steroidal anti-inflammatory drugs, intra-articular injections and the adoption of the most current Uniform Classification Guidelines for Foreign Substances list did not come without drama and several detours.

In fact, much of the wide-ranging debate centered not on the actual rules themselves, but on over-arching reasons for whether the board should even be voting on the rules package at all.

Back at the May 18 WVRC meeting, when the rules package was approved and sent out for its public commentary period, chairman Ken Lowe, Jr. said he would not support the system of fines included within some of those Association of Racing Commissioners International (ARCI) model rules because he believed they were too onerous for West Virginia trainers to bear.

Yet at Monday's meeting, Lowe didn't follow through on his vow to tinker with the penalty system.

“You can't pick on every little bitty nanogram out of a 1,200-pound animal when there are people out there doing things that are a lot worse,” Lowe said.

“I hope every cheater gets caught and is suspended from the game–the big stuff, not the minor stuff, if it is an error,” Lowe said. “I'm not trying to convolute all this stuff–I swear I'm not. I'm just trying to help people understand that it's the bad people that I want to get caught and [be put] out of business. It's not the ones that screw up slightly or overlook something.”

Prior to the vote, Kelli Talbott, an attorney representing WVRC, advocated that board members seriously consider the model rules, lest West Virginia remain out of step.

“For what it's worth, we're the only mid-Atlantic state that does not have these,” Talbott said.

“I understand, commissioner Lowe, you pointed out that we should be mindful [that] West Virginia is different in some ways, that we should take that into account,” Talbott said. “But on the other hand, when you have [neighboring] states now having had these rules for a year or more…that's a concern.”

Talbott also pointed out that the commission “can't ignore the elephant in the room,” which is the Horseracing Integrity and Safety Act [HISA].

The federal regulatory system that will be created by that law is scheduled to go into effect July 1, 2022, and Talbott said it would supersede existing state regulations pertaining to racing (West Virginia is a plaintiff in a lawsuit trying to keep HISA from being implemented).

“You just have to be somewhat mindful of looking at what's going on at the federal level,” Talbott said. “I think it's highly likely that HISA will adopt rules that look a whole lot like these model rules that [we're proposing] and other states already have.”

Talbott also told commissioners that the governor in June had handed down a streamlining mandate telling state agencies to only send rule proposals to the legislature that were “deemed necessary.” She also noted that West Virginia's horsemen's groups had filed written comments opposing the model rules, which could lead to a “battle in legislature.” And even if the model rules do get adopted by the legislature, it will be about a year before they are actually implemented at the state's two Thoroughbred tracks.

“At this point, I don't think we can deny that West Virginia's an outlier in the mid-Atlantic with regard to these rules,” Talbott said. “But on the other hand, you have opposition from the horsemen, you have the governor's executive order, you have the HISA implementation. And so I think the legitimate question is, 'Is it really something that you want to take on this year?'”

Lowe responded to Talbott's briefing by reminding her that it was not her place to advocate one way or the other for model rules.

“I'll say this in all due respects: The commission will decide the policy,” Lowe told Talbott firmly but politely. “You're always welcome [to provide] your legal opinion. But we need to make the policy decisions ourselves.”

Quixotically, Lowe then veered away from discussing the pending agenda item, seemingly to defend himself for not having spoken up at ARCI meetings against the crafting of these sorts of model rules.

“Don't ever think because Ken Lowe didn't vote against something [at an ARCI meeting] he voted for it,” Lowe said, referring to himself in the third person.

At the ARCI meetings, Lowe said, “I'm so damn outnumbered I feel like the lone ranger sitting there…. I think differently than many of these fine folks do.”

Talbott spoke up to tell Lowe that she never raised the issue of what Lowe did or didn't vote for at the ARCI level.

Lowe then diverged again, getting to what he said was the crux of the issue.

“The biggest point I have in this whole ordeal, to me, is the diminishing or doing away with Lasix, furosemide,” Lowe said. “I think that's one of the biggest travesties that's occurring in horse racing in this country right now. Because I've seen it. I've witnessed horses bleed. I've seen horses choke on their own blood. To do away with that is a fatal mistake.”

This time Lowe's digression was interrupted by WVRC executive director Joe Moore, who pointed out that Lasix isn't even included in the rules package that the board had up for a vote.

“The statement you just made has nothing to do with the three medication rules that are before this commission to vote on today, correct?” Moore asked. Talbott confirmed that Lasix was not up for any sort of vote.

After the conversation got steered back to the agenda item, Lowe asked if any commissioner would make a motion to either support or quash the proposed model rules.

Commissioner J.B. Akers moved to advance the rules package to the legislature, noting that last year, he was the only commissioner who supported essentially the same proposal.

“I know West Virginia is not New York or Kentucky or California. I realize that these rules, to some extent, can be more onerous on the horsemen in this state,” Akers said. “I realize that some people don't like these rules. But we're the only state in our region that has not adopted these model rules.”

Commissioner Tony Figaretti voted in favor of the motion with Akers. Lowe asked if there was any opposition, then said, “Hearing none, the motion passes,” without casting his own audible voice vote.

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West Virginia Advances Model Rules Despite Reluctance

In an effort to play catch-up with other racing jurisdictions in the mid-Atlantic region that have already adopted or are in the process of implementing model rules regarding medication abuse and stepped-up penalty scales, the West Virginia Racing Commission (WVRC) voted to send four proposals backed by the Association of Racing Commissioners International (ARCI) out for a 30-day public commentary period during the board's May 18 meeting.

But when the WVRC meets again to vote on whether to adopt those rules at a yet-to-be-scheduled date, commission chairman Ken Lowe, Jr. said during Tuesday's tele-meeting he won't support the system of fines included within some of those ARCI model rules because he believes they are too onerous for West Virginia trainers to bear.

Lowe was specifically referencing an ARCI model rule that eliminates a previous multi-tiered penalty system for non-steroidal anti-inflammatory drug violations and replaces it with a minimum fine of $1,000 (absent mitigating circumstances), then scales upward for repeat violators by escalating the fine amounts and adding license suspensions.

The WVRC also advanced ARCI model rules that regulate clenbuterol usage, intra-articular injections, and the adoption of the most current Uniform Classification Guidelines for Foreign Substances list (the state currently abides by an outdated version of that list).

“I'm looking at the mid-Atlantic region-Virginia, New York, New Jersey, Delaware, Pennsylvania, Maryland and us,” Lowe said. “And we're the only state that's yet to adopt these rules. I want to tell you, I have been to each one of those racetracks. I have raced [as an owner] at most of those racetracks…. As much as I know [West Virginia] is similar, we are still different in some aspects, [and] everything is not the same here as it is there. It is not just the [six-furlong track at Charles Town]. There's more to it than that….

“I can listen to what California wants and what New York wants and what Kentucky says. But one size doesn't always fit all. So you're going to hear me on occasion-and you've heard me say-I can't agree with this [and] I'm going to continue to hold that position. [So] I think we have to be very careful what we agree to.

“I'm going to give you a couple of comments from commissioner Ken Lowe, okay?” the chairman said, referring to himself in the third person. “Number one, in my opinion, is we don't want to be an outlier. I understand that. But at the same time…I can't agree to do something just because everyone else has. I'm not geared that way…. If it's best for everybody, I'll go along with it. But I just can't let something happen that's not fair to the West Virginia horsemen at Mountaineer or Charles Town…

“I agree with the threshold idea. I really do. But on the other hand…the thousand-dollar [penalty] to a trainer in New York, Maryland, New Jersey, Delaware is a whole lot worse than a thousand dollars to a trainer in West Virginia. Big difference. Big, big, big difference. I can't agree to these amounts of money,” Lowe said.

“We can put it out there now and see what comments come back,” Lowe said prior to calling for a vote. “But I can tell you first thing I will do is probably slice all of those amounts, right off the top.”

Neither of the other two commissioners-J.B. Akers or Tony Figaretti-chose to address the subject, although both voted in favor of advancing the proposal to the public commentary phase.

It was unclear how or if Lowe voted because he did not appear to cast an audible voice vote. After the two other commissioners voted yes, Lowe asked if there was any opposition, then said, “Hearing none, the motion passes.”

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