kentucky horse racing commission | Horse Racing Free Tips

Letter to the Editor: Concerns About HISA

Dan Ross's article from Sunday, February 20 highlighting the many unanswered questions regarding provisions of the Horseracing Integrity and Safety Authority (HISA) should concern anyone who cares about American racing.

For an entity which many are expecting to be vitally important to the future of the sport, it has left much to be desired in the way of its public communications. Just shy of four months from launch, the lack of answers to a major industry publication should concern anyone involved in, or subject to, the new organization.

Transparency is not easy. When an organization or even an entire sport is not accustomed to communicating well with its stakeholders, the process of beginning to do so can be painful.
HISA's leadership might think its focus is needed entirely on establishing its rules and procedures and it will deal with the public later, or that it will do only the minimum required by law (following public comment procedures, etc.).

If U.S. racing had a legacy of open discourse with the public, this might not be a concern.

Transparency is desperately needed across our sport. And no matter how complicated or clumsy the process of establishing HISA might be, it misses the mark by failing to communicate clearly with the public and the press.

There are emerging signs, however, that some important cogs in the regulatory process are realizing the need, and the value, in improving communications.

Just last week, Kentucky Horse Racing Commission Chairman Jonathan Rabinowitz asserted the KHRC is undergoing a review of its approach to transparency. As of now, regulations limit the KHRC's ability to communicate about pending incidents before a stewards' ruling is issued. Many recent cases have made it clear this status quo is wholly insufficient.
Commissioner Bill Landes praised the commitment to a new approach as “a breath of fresh air.”

Transparent communication to customers, let alone internal stakeholders, is a necessity to compete in the modern American sporting marketplace.

Racing is in competition with other sports, not just for attention, but more than ever, wagering dollars. And make no mistake, those other sports are doing a far better job of communicating with customers about rules, officiating and infractions than almost any organization in American racing.

Many across the American racing landscape wish to see a more communicative, transparent approach to adjudicating the sport at every level.

HISA's leadership should take note sooner rather than later.

Patrick Cummings is the Executive Director of the Thoroughbred Idea Foundation

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Medina Spirit DQ’ed From Derby, 90-Day Suspension for Baffert

First across the wire in the 2021 GI Kentucky Derby, Medina Spirit (Protonico) has been officially disqualified by the Kentucky Horse Racing (KHRC) Board of Stewards, which also handed trainer Bob Baffert a 90-day suspension and a $7,500 fine.

The news came via a short press release Monday from the KHRC, which also posted the ruling to its website.

Within a few hours of the announcement from the KHRC Churchill Downs officials issued a statement recognizing Mandaloun (Into Mischief) as the winner of the race.

“Today Churchill Downs recognizes Mandaloun as the winner of the 147th running of the Kentucky Derby and extends our congratulations to owner/breeder Juddmonte, trainer Brad Cox and jockey Florent Geroux,” the statement read. “Winning the Kentucky Derby is one of the most exciting achievements in sports and we look forward to celebrating Mandaloun on a future date in a way that is fitting of this rare distinction.”

Yet, recognizing Mandaloun, who crossed the wire second–a half-length behind Medina Spirit–as the winner might be a bit premature. Medina Spirit's connections have a number of avenues in front of them to fight Monday's decision and have vowed that they will do whatever it takes to reverse the disqualification.

“This is round one and we are going to fight this thing until the end,” owner Amr Zedan said. “Bob has my full support and backing. We're going to do whatever it takes to vindicate 'Medina' and make sure he is declared the official winner of the 147th running of the Kentucky Derby. We will see this through and do whatever it takes.”

The next step in the appeal process is to go before an administrative law judge. Should that decision not go their way, the Baffert team can then try their case through the court system. No matter what moves are made, the case is likely to drag on for some time, perhaps for a few years. In the matter of 1968 Kentucky Derby starter Dancer's Image, the only other horse disqualified from the Derby due to a drug positive, it took nearly four years for the case to come to a close, with Forward Pass officially declared the race winner.

Clark Brewster, an attorney representing Baffert and Zedan, issued a lengthy statement Monday in which he expressed his confidence that at the end of the day Medina Spirit will be the official winner of the Kentucky Derby.

“We are disappointed by the Commission's ruling, but not surprised,” he said. “This ruling represents an egregious departure from both the facts and the law, but the numerous public statements by KHRC officials over the last several months have made perfectly clear that Bob Baffert's fate was decided before we ever sat down for a hearing before the three stewards, one of whom is directly employed by Churchill Downs as the racing director at Turfway Park. We will appeal, and we will prevail when the facts and rules are presented to detached, neutral decision-makers.”

Medina Spirit tested positive for betamethasone, a corticosteroid, after the May 1 Derby. At first, Baffert denied that Medina Spirit had ever been given the drug, but changed his story a few days later when he said that the colt was treated for a skin condition with an ointment that contained betamethasone. Lawyers representing Baffert and Zedan sent a urine sample to Dr. George Maylin, director of the New York Equine Drug Testing and Research Laboratory, in an attempt to show that betamethasone was in fact in Medina Spirit's system because of the ointment and not because it had come through an injection. They said that Maylin confirmed that the drug came from the ointment, which, they argued was not a violation.

After more than nine months had gone by without any comment or updates from the KHRC, a hearing was held Feb. 14. There were no comments from the stewards Monday, but it appears they decided that it did not matter how, whether by an injection or through an ointment, the betamethasone got into Medina Spirit's system.

It was also noteworthy that Baffert was suspended for 90 days for the finding of betamethasone, which is a Class C drug. Kentucky rules call for a suspension ranging from zero to 10 days for Class C drugs. However, the official ruling notes that the Medina Spirit positive was Baffert's fourth medication violation over a span of 365 days, which is why the penalty was increased to 90 days.

As things now stand, Mandaloun is the Derby winner, giving trainer Brad Cox his first Derby win.

“Honestly, I have no real feeling or emotion,” Cox said. “I'm just hopeful that maybe something like pre-race testing can be done prior to the running of a race of this magnitude in the future. I'm not sure what would be so hard about figuring that out.”
Baffert's problems extend beyond Monday's ruling. He has been suspended for two years by Churchill Downs and, as things now stand, is not allowed to compete in the 2022 or 2023 runnings of the Kentucky Derby. He is also in the middle of a fight with the New York Racing Association, which is also attempting to ban him.

Medina Spirit died Dec. 6 after a workout at Santa Anita. The apparent cause of the death was a heart attack, but a necropsy did not reveal a definitive cause of death.

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KHRC Mum on Medina Spirit, Vows Future Transparency

Against the backdrop of the 2021 GI Kentucky Derby drug positive investigation dragging past the nine-month mark and the Kentucky Horse Racing Commission (KHRC) maintaining a conspicuous silence throughout the drawn-out process, KHRC chairman Jonathan Rabinowitz obliquely referred to the scandal for the first time at an open, public meeting Tuesday.

Although Rabinowitz did not specifically mention Medina Spirit's betamethasone overage or trainer Bob Baffert's long-delayed stewards' hearing that was finally conducted Feb. 14, that controversy was almost certainly the catalyst for the chairman stating that the KHRC is seeking to change administrative regulation 810 KAR 9:010, which deals with the KHRC's hearings, reviews and appeals process.

Rabinowitz said Feb. 15 that regulation “historically precludes the commission from making public statements prior to the issuance of stewards' rulings.”

After Tuesday's meeting, TDN confirmed with the KHRC's general counsel, Jennifer Wolsing, that Rabinowitz was referring to section 1 (4) of that regulation, which states: “Stewards' and judges' hearings shall be closed, and the stewards and judges shall make no public announcement concerning a matter under investigation until the conclusion of the hearing.” (Read the full regulation here).

Rabinowitz said, “This commission is committed to transparency, as well as the best interest of the horsemen, associations, and the racing industry as a whole. As a result, we've begun the process of making significant changes to 810 KAR 9:010 in order to ensure that this commission remains an industry leader in transparent government. It is of the utmost importance to this commission that we get this reg changed.”

Commissioner Bill Landes III was the only KHRC member to follow up on that statement with an opinion.

“Transparency and a more [public] process will allow us to become more effective commissioners in that we will be perceived [that] we care and know what the hell is going on–and that is not necessarily how we are perceived today. This is a breath of fresh air,” Landes said.

Those comments about possible future changes were preceded by a slate of actual KHRC regulation changes, all of which got voted in unanimously during Tuesday's meeting. Because they still need to go through a public notice and approval period at the state level, the following regulations are not expected to go into effect for another seven to nine months:

Allowing a horse to enter a race even when the horse is on the veterinarian's, stewards', or starter's list, provided the horse has a posted “off” date on or before the date of the

race.

Workout requirements for layoff horses: The current regulation states that a horse that has not started in the past 45 days shall not be permitted to start unless it has at least one published workout within 20 days of entry. The new regulation adds requirements for horses that have not started in the past 90 days (two published workouts during the past 90 days, one within 20 days of entry) and for 180 days (three published workouts during the 180 days, one within 20).

Mutuel Couplings: The current regulation states that horses entered in the same race and owned by the same owner shall be joined as a mutuel entry. The revision allows for some flexibility by stating that horses owned by the same owner “may” be joined as a mutuel entry.

Also, the current coupling regulation states that horses having common ties through ownership shall not start in a purse race to the exclusion of a single entity. The proposed revision expands that requirement to include horses with common ties through ownership or training.

Another current regulation states that the racing secretary may uncouple entries having common ties through training to make two separate betting interests. The revision expands that rule include horses with common ties through training or ownership. A trainer entering two horses in a race will have to indicate a preference for one of the horses.

If a coupled horse commits a foul during a race, current regulations may be interpreted to “require” the stewards to include any horses coupled with an offending horse in the penalization. The revision deletes the reference to the coupled horse. Additionally, the revision clearly states that if a horse deliberately interferes in the order of finish for the benefit of another horse with common ties through ownership or training, then both horses may be penalized.

Claiming Regulations: A licensed owner must have made a start within the last 30 days at a Kentucky track in order to be eligible to claim a horse. An authorized agent may act on behalf of an owner who meets the above criteria in order to claim a horse. A “claiming license” will be issued to someone who does not currently own a horse but wants to claim one horse only. After that one claim, the claiming license is rescinded, and the above ownership rules apply.

Also, an owner may only claim one horse from a single race. A trainer may claim as many as two horses from a single race, but only if the horses are claimed for different owners. A claimed horse shall not race outside of Kentucky for 30 days from the date of the end of the meet during which the horse was claimed. That represents a change from the current regulation, which states that a horse can race outside of Kentucky after the close of entries for closing day of the meet.

A claimed horse shall not be sold or transferred within 60 days after the day it was claimed (except via another claiming race). This is a change from the current 30-day regulation.

After the race has been run, a claimed horse shall be delivered to the test barn (or detention barn) for post-race inspection When the horse passes KHRC veterinary inspection, it will be delivered to the successful claimant. The funds for the horse will be available when the horse passes inspection and is delivered to the successful claimant.

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Baffert Legal Team Optimistic After KHRC Hearing

A full 289 days after the running of the 2021 GI Kentucky Derby, the Churchill Downs stewards finally got around Monday to holding a closed-door hearing regarding the positive post-race test for Medina Spirit (Protonico). And while a decision may not be imminent, Clark Brewster, the lawyer representing trainer Bob Baffert, emerged from the hearing hopeful that his side will prevail.

“Upon an honest and fair-minded review, Bob Baffert and Medina Spirit will be fully exonerated,” Brewster wrote in a text.

As has been the case with the Kentucky Horse Racing Commission (KHRC) since the running of last year's Derby, the hearing was shrouded in secrecy, which left many questions unanswered. Brewster said he did not know when a decision would be announced.

“How long is a string?” he texted, using a phrase that meant he did not know the answer and did not want to venture a guess.

Medina Spirit tested positive for the medication betamethasone.

Should the Churchill stewards decide to disqualify Medina Spirit, Brewster, Baffert and owner Amr Zedan would have the option of appealing the decision to an administrative law judge. It seems likely that's an option they would take in a legal battle that could drag on interminably.

At first Baffert denied that Medina Spirit had ever been treated with betamethasone, but then changed his story. He said the horse was treated with a skin ointment before the Derby to deal with a rash and the ointment contained betamethasone. The Baffert team subsequently had a split sample from the race tested and said it proved that the betamethasone came from the ointment, which meant that it was not injected into the horse, something that, possibly could have improved performance. The stewards may decide that it does not matter where the drug came from and that its presence in Medina Spirit warrants a suspension, no matter the circumstances.

“We are now left to trust that the stewards will apply the uncontroverted facts to the Kentucky Racing rules as they are written,” Brewster said in his text. “Medina Spirit was treated by veterinarian prescription with a topical salve for a skin infection. The Kentucky rules expressly permit use of topical salves and the treatment given to Medina did not violate any rule. The post-race specimen positive reporting 21 picograms of betamethasone was caused by the topical salve. The Kentucky Rules (and all other jurisdictions) restrict only Betamethasone Acetate or Sodium Phosphate (which appears in a horse's system when injected with betamethasone). These formulations are Injectable solutions into a horse's intra-articular joint. Medina Spirit was never injected with betamethasone and the evidence presented today proved that conclusively.”

Brewster wrote that Baffert has been treated unfairly.

“The false narrative regarding this case was sprung early and spread widely by uninformed or malevolent accusers and spread by careless reporting,” he said.

Even should the stewards decide to maintain Medina Spirit as the winner, Baffert could still be on the outside looking in when it comes to the 2022 and 2023 Derbies. He is under a two-year suspension issued by Churchill Downs and the track would be under no obligation to lift its ban if Baffert is cleared by the KHRC.

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