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KTA: Downward Trend Awaits Kentucky Racing If HHR Is Halted

If the Kentucky Supreme Court doesn't reconsider its recently-published surprise opinion on the legality of historical horse racing (HHR) machines in the state, Kentucky's racing industry will be in big trouble.

That's the gist of a document filed in the case this week by the Kentucky Thoroughbred Association (KTA). The KTA is seeking permission to file a brief of amicus curiae in the civil case between The Family Trust Foundation of Kentucky and the Kentucky Horse Racing Commission. Last month, the state supreme court reversed a 2018 lower court decision that determined HHR machines made by Exacta Systems were a form of legal pari-mutuel wagering.

The Kentucky Chamber of Commerce also submitted an amicus brief last week, expressing concern over the potential economic impact of the court's decision.

The KTA provided figures showing an upward improvement in all sectors of the state's racing and breeding industry since the introduction of HHR machines in 2012. The Kentucky Thoroughbred Development Fund is generated from half of the 1.5 percent excise tax imposed on wagering at tracks with HHR. The fund paid out purse supplements of just over $4.9 million in the year before the inception of HHR in Kentucky, and over $19.5 million last year.

The KTA's brief explains that this increase in purses has led to an increase in field size (which is above the national average) and handle (which increased 18.5 percent with the addition of HHR).

“Eliminating historical horse racing will have a significant negative effect on the Thoroughbred horse industry, which, again, is Kentucky's signature industry,” the brief read. “It will result in horses, trainers, jockeys, grooms, owners, racing executives, and other industry participants going to other states to compete. Kentucky will lose tourism dollars. Kentucky will lose revenue from on-track sources and also from off-track (and in many cases out of state) sources.

“In addition, reducing the KTDF purse supplements will reduce the purses, which will reduce the amount owners will be willing to pay for Kentucky-bred horses that are eligible to race for these supplements. This will lead to decreased spending on yearlings sold in Kentucky each year. It will lead to decreased spending on mares and stallions sold in Kentucky each year. It will lead to fewer mares being maintained in Kentucky. All of this would lead to decreased tax revenue, decreased employment, decreased tourism spending, and decreased economic impact. In short, Kentucky's signature industry would suffer and Kentucky racing would trend the way racing in other states is trending: downward.”

The KTA also raises questions about the legal elements of the Family Foundation's case and whether the court correctly interpreted definitions of pari-mutuel wagering, initial seed pools, and the commission's regulatory authority, among other things.

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HHR Fate Still ‘Elephant in the Room’ As KHRC Grants ’21 Race Dates

Saying he’d “like to briefly address the elephant in the room,” Kentucky Horse Racing Commission chairman Jonathan Rabinowitz opened the board’s Oct. 20 videoconference meeting by attempting to reassure the racing community that elected and appointed officials are working to find a solution to a Sept. 24 Supreme Court of Kentucky opinion that told a lower court to re-examine the legality of historical horse race (HHR) gaming.

HHR handled $2.2 billion during the commonwealth’s most recent fiscal year, and revenue from that form of gaming annually contributes tens of millions of dollars to purses at the state’s five Thoroughbred tracks. The Supreme Court’s opinion that HHR does not comply with the pari-mutuel wagering statute has imperiled that crucial source of funding.

“While I cannot say too much, I do want everyone to know that if the current Supreme Court opinion is rendered final, that this commission is committed to finding a solution,” Rabinowitz said.

“Additionally, after having numerous conversations with the governor, it’s clear that the governor and his team are committed to finding a solution,” Rabinowitz continued.

“Lastly, I truly hope and believe that this legislature is equally committed to finding a solution to this bipartisan issue in order to save thousands of Kentucky jobs, millions in tax revenue annually for the commonwealth, and to preserve the commonwealth’s signature industry as the best in the world,” Rabinowitz said.

Rabinowitz provided no specifics and there was no additional discussion of the topic among KHRC members, either directly after his statement or during the entirety of the meeting.

Chief among the various items that passed via unanimous voice vote on Tuesday was the KHRC’s approval of 2021 race dates, awarded as follows:

Turfway Park: Jan. 1-Mar. 28 on a Thursday-Sunday schedule. The Thursdays, however, are all marked “optional” on the calendar provided by a KHRC spokesperson.

Keeneland Race Course: Apr. 1-23 on a Wednesday-Sunday schedule.

Churchill Downs: Apr. 24-June 26. With the exception of the first Wednesday that falls during GI Kentucky Derby week, the Wednesday programs are “optional.” Derby week will also feature an Apr. 27 Tuesday card but no racing Sunday, May 2. A Monday, May 31 (Memorial Day) program is also added.

Ellis Park: June 27-Sept. 4. With the exception of July 1, all of the Mondays-Thursdays within that date allotment are “optional.”

Kentucky Downs: Sept. 5, 6, 8, 9, 11, 12.

Churchill: Sept. 15-Oct. 3 on a Wednesday-Sunday schedule, with the Wednesdays “optional.”

Keeneland: Oct. 8-30 on a Wednesday-Sunday schedule.

Churchill: Nov. 3-28 on a Wednesday-Sunday schedule.

Turfway: Dec. 1-31 on a Wednesday-Sunday schedule; Wednesdays “optional” and no racing Dec. 24 and 25.

Susan Nash, the KHRC’s executive administrative secretary, said that, “I’d like to point out that the total number of requested Thoroughbred dates for 2021, compared to what was awarded in 2020, shows as a negative one [date], representing a decline from last year.”

But Nash explained that’s because Keeneland’s request to host the two-date Breeders’ Cup meet this year bumped up the state’s 2020 total by two dates from 2019, “so consequently, there is actually an increase of one day for 2021” when the two Breeders’ Cup dates are removed from the equation.

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Equine Drug Research Council Approves Funding For Study On EIPH

The Kentucky Equine Drug Research Council approved an expenditure of up to $30,000 in funding for a new study of exercise-induced pulmonary hemorrhage (EIPH) in 2-year-olds. A study proposal from Washington State University's Dr. Warwick Bayly would have at least sixty 2-year-olds in Kentucky scoped post-race to check for signs of EIPH, and would also allow data collected from those horses to be used as part of a national study on the immune response to exercise in 2-year-olds.

Dr. Bruce Howard, equine medical director for the Kentucky Horse Racing Commission, said Bayly has gotten commitments from at least eight entities to help collect data that can be used in the study. Across those entities there are three different furosemide withdrawal time regulations on the books: four hours pre-race, 24 hours pre-race, and 48 hours pre-race. Bayly will hope to have at least 60 or possibly more horses sampled from each set of conditions.

“We feel this study is integral part of understanding EIPH evaluating the impact changes in furosemide administration may have,” said Howard.

Bayly may expand the number of horses studied to improve the strength of data.

Howard is hopeful the data could help provide the commission with useful comparisons to other jurisdictions. Earlier this year, Kentucky enacted the first step of a partial phaseout of furosemide, backing up pre-race administration time to 24 hours for 2-year-olds.

Howard said Keeneland began scoping 2-year-olds post-race at its July meet and has continued to do so in October, and Churchill Downs had expressed interest in gathering similar data. This proposal will provide the funds for those efforts to become part of a bigger scientific picture.

Earlier this year, the Maryland Jockey Club and Maryland Thoroughbred Horsemen's Association announced a similar survey of 2-year-olds racing there beginning Aug. 7. The cut-off time for furosemide administration for 2-year-olds in Maryland is now 48 hours pre-race.

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Lost And Found Presented By LubriSynHA: Cooksey, By Any Name, Is A Racetracker

A name change was a game change for Patricia J. Cooksey. Women were still a bit of a novelty when she launched her jockey career in 1979 so at the suggestion of an associate, she was listed by her initials in the track program to imply she was a man. The rebranding was brilliant and trainers increasingly requested P.J. for their entrants.

Cooksey delights in telling stories about trainers' reactions to meeting her in the saddling paddock. One exclaimed, “Oh my god, you're a girl!” to which she replied something to the effect of, “Yes, I have been all my life.”

Another felt awkward giving her a leg up.

When she closed her career in 2004, she had accumulated 2,137 triumphs primarily on the Kentucky-Ohio-West Virginia circuit and briefly ranked as the top female rider before being overtaken by Julie Krone who holds the title with 3,704 wins.

Those who know her best still call her P.J. or Patti. Professionally she is listed as Patricia “PJ” Cooksey in her role as the Kentucky Horse Racing Commission's Assistant Director of the Kentucky Breeders' Inventive Fund. She went to work for the organization three months after becoming restless in retirement. In her current role, she visits farms to ensure that resident broodmares are indeed living in Kentucky so their resulting foals can be registered for bonus state-bred money. She also is called upon to serve as a racing steward and Standardbred judge several times a year including a recent gig for Standardbred racing at county fairs.

“I have the best job in state government,” she said. “But I have never stopped missing race riding.”

Her most memorable moments include winning the 1983 Hollywood Prevue Stakes in Southern California on Kentucky-based So Vague in part because of the congratulatory hugs from idols Bill Shoemaker, Chris McCarron and other members of the extraordinary jockey colony. The following year So Vague became her only Kentucky Derby (G1) mount. In 1985 she became the first woman to ride in the Preakness Stakes (G1) when she piloted Tajawa. She notes that she has bragging rights that she “rode a Kentucky Derby winner” because she guided eventual Derby hero Monarchos in his career debut.

Cooksey at Turfway Park after her 1,203rd win

“The only reason I retired was because of the rod in my leg from my broken femur that was causing a lot of pain when I rode,” Cooksey said. “If I had known I could have gotten the rod removed, I might still be riding. I miss the camaraderie of my fellow riders. We were over-the-top competitive on the racetrack but family back at the jockeys' quarters. We used to have softball teams in the summer and bowling teams during the winter. Everyone would get together after the races for cookouts and drink beer and have a lot of fun back in the early days.”

The native of Youngstown, Ohio occasionally returns to the saddle. She has participated in the team penning fundraiser at the Kentucky Horse Park in which three riders separate designated steers from a small herd and she takes an annual extended trail ride in the Ozark Mountains with girlfriends that include ex-jockeys. She stays connected to other past colleagues in her work with Horses and Hope, an initiative that seeks to increase breast cancer awareness among Kentucky's horse industry.

In reinventing herself when her career concluded, Cooksey served as a racing commentator for Louisville television stations and ESPN on major race days with assignments that included reporting on horseback.

“It takes a lot of work and many hours to prepare for a show and although I thoroughly enjoyed working as a commentator, it just wasn't something I had a real passion for,” she said.

Of all her endeavors and accomplishments, Cooksey is most appreciative of her daughter with former husband John Neal, a longtime track-employed outrider. Despite her heritage, Chelsea Neal found her stride far from the equine world. With a degree in international relations, Chelsea has taught English in Spain, has been instrumental in establishing child-care facilities in Africa and currently works for God's Pantry.

Cooksey pitches in during a therapeutic riding session

“Chelsea was a very good rider and we did a lot of horse shows with her when she was younger, but I guess growing up as a racetrack kid she had enough of horses,” Cooksey said. “I am so proud of her servant's heart to always be striving to help others.”

Although her child found fulfillment elsewhere, Cooksey notes there are vast opportunities for employment in the Thoroughbred industry.

“My advice would be to start working at a farm and learn on the ground, 'in the trenches,'” she said. “There are many satisfying jobs available but it does take hard work, commitment and passion. It's definitely not for lazy people.”

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