Commonwealth Racing Challenge Kicks off Apr. 8

The Commonwealth Racing Challenge kicks off Friday, Apr. 8 with the opening of the Keeneland spring race meet. The new initiative is designed to encourage Kentucky Equine Education Project (KEEP) members to visit all of Kentucky's racetracks during the 2022 Kentucky horse racing circuit.

KEEP members who successfully scan a unique QR code and tag KEEP in a social media post at each of the six participating Kentucky racetracks during their 2022 racing meets will be entered to win four VIP tickets the Breeders' Cup World Championships at Keeneland Nov. 4-5 in addition to dinner for four at Jeff Ruby's Steakhouse in Lexington.

Elisabeth Jensen, KEEP's Executive Vice President who oversees the daily operations of the organization, said, “Thanks to the support of Kentucky's legislature and governor, Kentucky continues building the strongest racing circuit in the country. The Commonwealth Racing Challenge gives people an opportunity to see the depth and breadth of the circuit throughout 2022.”

For more information, visit www.horseswork.com/commonwealth-racing-challenge.

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Ellis Park To Be At Full Capacity This Summer, Revised Mask Guidance In Place

Ellis Park Racing and Gaming announced today that in accordance with the CDC and Commonwealth of Kentucky, the facility will adhere to the revised guidance for the current mask mandate.

On Friday, Kentucky Governor Andy Beshear announced that vaccinated individuals no longer need to wear a mask nor socially distance from each other in public settings. Based on this guidance, Ellis Entertainment has stopped enforcing mask restrictions at the property and began allowing guests to smoke in designated indoor areas if guests have been fully vaccinated.


Additionally, the Governor announced that on June 11, 2021, all mask restrictions and capacity restrictions will be lifted in the Commonwealth. Based on the announcement, Ellis will allow all venues to open completely during the upcoming live race season, June 27 through Sept. 4.

Tickets for these venues will go on sale May 19 to the general public.

“We are looking forward to having 100% of our facilities open for the upcoming race meet as well as welcoming guests to play all of our HHR games. The team is incredibly excited to open all of our venues for the Preakness Stakes tomorrow and continue to bring world-class racing and gaming to the tri-states,” said Jeff Inman, General Manager at Ellis Entertainment.

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Six-Strike Overhand Whipping Rule Could Be Legal in Kentucky by February

The Kentucky Horse Racing Commission (KHRC) is on its way to a long-planned rewrite of the state's whipping rules, and the chief change would set a limit of six overhand hits per race with no more than two strikes in succession to give the horse a chance to respond.

In addition, the penalty structure will be tweaked. As explained by Jennifer Wolsing, the general counsel for the KHRC, “The stewards would be able to impose a $500 minimum fine or a three-day minimum suspension. Or, if the stewards believe that the violation is egregious or intentional, then the stewards could impose both.”

Last June, the KHRC voted to advance extensive whip-rule changes based on a limit of six underhanded strikes per race. But that proposal ended up getting paused when it became evident to the commission that the legislature was unlikely to approve it into law.

The KHRC's Rules Committee voted in the new round of proposed changes on Monday. The full KHRC board still has to vote on the measure June 15, but there doesn't appear to be any impediment to passage, KHRC executive director Marc Guilfoil told TDN in a follow-up phone call.

The measure then would have to be approved by the state legislature, whose leaders have indicated support for this latest version. Guilfoil estimated that legislative process could take seven or eight months.

“So it should be in effect–if everything goes good, and I don't see why it wouldn't–by February of next year,” Guilfoil said.

Stakeholders who contributed to the May 3 compromise, which got hammered out over the last few weeks after being extensively debated for the past year and a half, voiced agreement that this latest version still isn't going to be ideal for everybody, but that it could end up being a good enough fit to provide a workable model for a uniform rule across all jurisdictions.

“You strive to get the perfect rule. You don't always get there,” said Guilfoil during the tele-meeting, noting that the KHRC has been working with everyone from jockeys to legislators to try and get its rule right. “I think this is something that everybody can live with…We're going to start talking to some other states, and see if we can get uniformity.”

Terence Meyocks, the president and chief executive officer of the Jockeys' Guild, told the Rules Committee his members are willing to go along with this proposal in the interest of trying to get a continent-wide rule on the books.

“Hopefully, we adopt a rule in Kentucky that could be an important first step to the adoption of a uniform riding crop rule in North America,” Meyocks said. “It's important that we remember that there was indeed compromise on behalf of both parties, the riders in the Guild and the KHRC. Having different rules in so many different various states is no good for anybody.”

The KHRC's chief state steward, Barbara Borden, said the revised penalty structure would be particularly useful moving forward.

“There are many times we struggle with the mandatory penalties that are scattered throughout our regulations and don't always give us discretion when we feel like we need it,” Borden said. “So in this instance, we're pleased with the way this is written, that we have a baseline to start with. And should a person violate a regulation over and over again, we like the penalties to escalate, particularly if it's an egregious offense or if we feel like somebody is just ignoring the regulation.”

Currently, most first-time whip-rule violations are penalized with a $250 fine, Guilfoil told TDN.

Wolsing said jockeys will be limited to “six instances of overhand use of the crop at any time. The overhand use of the crop cannot go above the rider's helmet. And the rider would not be able to use the crop in the overhand fashion more than two successive instances without giving the horse a chance to respond.”

Wolsing continued: “Backhanded or underhanded-fashion use of the crop is going to be okay from the three-eighths pole to the finish line. It will always be okay to tap the horse on the shoulder in the down position as long as both hands are on the reins and on the shoulders of the horse. And certainly showing and waving the crop in front of the horse is also okay.”

There was brief debate over why six strikes has evolved as the standard. Wolsing explained that it's important to note that in Kentucky, the state constitution bans “arbitrary and capricious actions by state governments,” so the number of hits has to be codified and can't be left up to a judgment call by the stewards.

“At some point you have to have a certain number of strikes,” Wolsing said. “This is a number that has been adopted by other jurisdictions as well. It's a very reasonable number [and a number that stakeholders arrived at by] taking into consideration what would be appropriate for the jockeys as well as the horses.”

Wolsing said she foresees no problem with the commission being able to defend that six-strike number if it ever got challenged in court.

Mike Ziegler, the senior vice president and general manager of Churchill Downs Racetrack, said during the meeting that the change represented “a good balance,” adding that, “We're not going to let 'perfect' get in the way with 'really good.'

“Let's get this thing going, turn the page, and get on to other things,” Ziegler said.

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Under Glare of Probing Questions, Curious Answers in Kentucky

The Week in Review by T.D. Thornton

In theory, state racing commissions are supposed to provide a layer of checks and balances by making both racetrack operators and horsemen accountable for their actions. In practice though, that often doesn't happen because regulators in many jurisdictions fail to ask probing questions of licensees during open, public meetings.

In Kentucky, for example, if you want the most concise on-the-record snapshot of what's going on with the circuit, the best source generally isn't a Kentucky Horse Racing Commission (KHRC) meeting. Instead, the proceedings of the Kentucky Thoroughbred Development Fund (KTDF) advisory committee are usually far more informative and insightful.

Bill Landes III, who chairs that committee as a representative of the Kentucky Thoroughbred Owners and Breeders Association (KTOB), is known for cutting to the chase and asking blunt, common-sense questions. Representatives of the state's five Thoroughbred tracks must update the advisory board on how each track is spending money for purses, capital improvements, marketing, and other aspects of their racing operations, and those executives are obliged to answer every query tossed at them, because the KTDF board recommends to the full commission how to allot the millions of dollars in purse supplements generated by live, simulcast and historical horse race betting.

During last week's KTDF advisory board meeting, two exchanges stood out. One put management of Turfway Park on the spot over equine safety. The other revealed surprising reluctance by a Kentucky Horsemen's Benevolent and Protective Association representative to embrace a master plan for improving the infrastructure and quality of racing at Ellis Park.

At one point during the Apr. 6 video meeting, Tom Minneci, the senior director of finance at Churchill Downs, Inc. (CDI), the gaming corporation that owns Turfway, had just finished giving a financial rundown of the track's recently-completed meet.

Landes then asked KTDF board members if there were further questions for Turfway, and Doug Hendrickson, who represents the KHRC on the KTDF advisory committee, had a one-word query: “Fatalities?”

Minneci deferred comment to Tyler Picklesimer, Turfway's director of racing and racing secretary. When Pickelsimer did not immediately respond, Minneci asked Chip Bach, the track's general manager, for help in coming up with the answer.

There was an awkward moment of silence, during which both Pickelsimer and Bach seemed to be caught off guard by the KTDF wanting to know about horse deaths.

“I've got our handle numbers in front of me. I don't have that in front of me,” Bach said. After another pause, he added, “Tyler, do you see it?”

Pickelsimer responded that he did not know the number of equine fatalities that had occurred at his track over the last three months. “I know it was a good meet, but I don't have that in front of me, no.”

Landes, who can be as diplomatic as he is direct, didn't see the need to make the Turfway execs squirm any longer over not knowing something important that they should have. He suggested to have the minutes of the meeting reflect their non-answer as a “deficiency” that needed to be addressed at the next meeting.

Bach promised to come up with the correct figure at that time. He probably should have stopped there, but felt compelled to add that, “The problem with some of the fatality numbers is horses can meet that number after they've left the track. So I just want to make sure that we've got a right number for you. Sometimes we have to go to the commission to get that number.”

This is disquieting on several levels. First, as a corporation, CDI likes to describe itself as being an industry leader in equine safety. Yet neither the GM nor the director of racing at its Turfway operation could state for the record how many fatalities occurred there over the past 90 days, or even offer a ballpark figure.

It's also circularly bizarre that a KHRC board member asked Turfway executives the fatalities question in the first place, but a Turfway official responded that he needed to check with the KHRC to obtain the correct number.

Ellis Park Twilight Zone

Later in the meeting, Jeff Inman, the general manager at Ellis Entertainment LLC, was running down a list of necessary (but generally low-level) capital improvements that Ellis Park was trying to have completed before the start of its meet June 27.

Landes politely interjected, wanting to know when Inman's company was going to come through on the big-ticket items it promised when it bought Ellis Park in 2019, like the widening of the turf course and the installation of lights, which would allow Ellis to slide into a more lucrative twilight simulcast time slot while avoiding the brutal summer heat that is detrimental to horse health and sometimes causes cancellations.

Landes termed those improvements “long overdue, and everybody knows it.”

Inman replied that the turf course widening is likely to happen first, but not until after the 2021 meet.

“If we regain capital funding, we will start work after the horses leave, [by] late October, early November,” Inman said.

J. David Richardson, who, like Landes, represents the KTOB on the KTDF advisory committee, concurred with the chairman.

“I do believe that Ellis Park has enormous potential to do much, much better with at least some opportunity to run under lights and expanded turf racing on a course that's not torn up because you have to overuse it,” Richardson said. “I really want to reiterate…how positive I think this could be for Ellis Park, for Kentucky racing, and for strengthening the whole circuit that we all are trying to do in terms of making Kentucky horses more valuable.”

Landes said he believed that Kentucky Horsemen's Benevolent and Protective Association (KHBPA) president Rick Hiles and KHBPA executive director Marty Maline “would agree with me [that] if you get twilight racing at Ellis Park and some lights there, there ain't no telling what y'all could do. And I'm not telling you something you don't know. I'm hoping Rick and Marty agree with that.”

But when Landes directly asked Hiles–who is a KTDF advisory committee member representing the KHBPA–for his opinion on the Ellis improvement plan, Hiles said he couldn't fully endorse the concept of twilight racing.

“I'm a little concerned about moving racing post times back too far, simply because of the ship-ins from Louisville and Lexington losing an hour in time zones and coming back late at night,” Hiles said. “Getting back at 12, one, two o'clock in the morning–I just don't know how [horsemen] are going to react to that.”

Landes seemed surprised by the HBPA's noncommittal stance, but he tactfully acknowledged that the concerns Hiles articulated about the late nights were valid. (Maline, who was present for the video meeting, chose not to speak on the subject.)

“Well, you have that issue to a certain extent at Turfway,” Landes reasoned, meaning late shipping after night racing. “And [at Ellis] it's either coming in at one or two o'clock in the morning or dealing with 108 or 110 degrees” during afternoon racing.

“I just don't know,” Hiles said. “School, for me, is still out on it.”

It must have been frustrating for Landes and other KTDF advisory board members to be pressing Ellis to make good on promises that could strengthen the entire circuit only to learn that the elected horsemen's representative on their board wasn't entirely supportive of the idea.

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