Racing Industry Participants Shine in Common Wealth of Kentucky Project

What do an award-winning chef, a rising young country music star and a reigning champion trainer have in common?

All three are featured in the Common Wealth of Kentucky Project, an exhibit going on now through Oct. 1 at LexArts Gallery in Lexington, Kentucky. Along with chef Ouita Michel and singer Walker Montgomery, trainer Brad Cox is one of 70 Kentuckians who shared their life story for the collection, which is the culmination of a year-long project for impressionist painter Kelly Brewer and partner Beth Pride, a writer and digital storyteller.

Visitors can explore the gallery and connect with each Kentuckian on a multi-sensory level as they observe the portrait of the participants, read a short summary of their lives, and even scan a QR code with a smart-phone camera to listen to the participant's voice as they share portions of their own story.

The project was inspired by Brewer's mother, Jo B. Robertson, who passed away in 2020. Brewer decided that she wanted to paint portraits to honor her mother and raise money for the Jo B. Robertson Charitable Foundation, which was established to continue Robertson's legacy of helping to educate, house, clothe and feed the less fortunate. Brewer turned to Pride, the wife of Godolphin's Dan Pride, for assistance.

“We decided that we would call it the Common Wealth of Kentucky and that it would reveal the richness that the people who comprise this state are made of and the commonalities that we all have,” said Pride. “We hoped to do our best to break down these artificial barriers that really, at the end of the day, are not real.”

 

Together Pride and Brewer, along with advocate Jill Johnson, spent the next year traveling throughout the Commonwealth as Brewer painted Kentuckians from all walks of life while Pride collected their stories.

They met with Jeff Broadwater, a United States Army major general who served in Kuwait during Desert Storm and was deployed to Iraq twice, and Lou Anna Red Corn, the first Native American Commonwealth Attorney in Kentucky. They talked to Pedo Mann, a coal foreman in Eastern Kentucky, and Gentille Ntakarutimana, who was a Burundian refugee as a child and is now a legal assistant for Morgan and Morgan.

Louisville native Brad Cox is not the only racing industry member to appear in the collection. The sport is a common theme throughout the exhibit. Keeneland is represented by President and CEO Shannon Arvin along with well-known ringman Cordell Anderson. Other members of the sport who are featured include Lane End Farm's Bill Farish, Airdrie Stud's Bret Jones, Phipps Family Stable racing manager Daisy Phipps Pulito and Hall of Fame jockey Steve Cauthen.

“What we really tried to do is build a unique impression of who these people are and find something that maybe everyone doesn't know about them,” explained Pride. “Daisy was in the sports television industry for years and Bill was a personal aide to President George H.W. Bush. Everyone has something unique that really differentiates them, but we also found that we have so many things in common as human beings and we're all connected through our humanity no matter our background or where we're going.”

Participants also included political figures like Lexington mayor Linda Gorton as well as Kelly Craft, the former United Nations Ambassador who recently launched her campaign for Kentucky governor. Lexington locals will recognize names like Kentucky Sports Radio's Matt Jones and Bluegrass Hospitality Group founders Brian McCarty and Bruce Drake.

Each of the portraits on display are available for purchase through a super silent auction format where the bid amount is hidden from the public and managed confidentially. The auction will continue through Friday, Oct. 1.

“We're very grateful for the response,” Pride said. “We had about 400 people there on opening night and LexArts has told us that the traffic for the exhibit has been triple what they are accustomed to.”

The exhibit has also been encapsulated in the form of a book, which was written and sound-produced by Pride and features the original artwork by Brewer (the book is available in the gallery, at the Keeneland Mercantile in Lexington or can be purchased here).

As Pride reflected on the project, she said that in many ways, Kentucky horse racing represents a microcosm of the Commonwealth as a whole.

“The horse business is one of those industries where there is a lot of competition within the industry, but it's also an industry that has external criticism,” Pride said. “It's the same with bourbon, parimutual betting and coal mining. What happens is that the people in the industry are friendly competitors because they know they need to be bonded in a singular purpose of promoting and advocating for the horse and for the industry. That spirit where everyone is in it together is reflected all throughout Kentucky.”

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Weekly Stewards and Commissions Rulings Sept. 12-18

Every week, the TDN publishes a roundup of key official rulings from the primary tracks within the four major racing jurisdictions of California, New York, Florida and Kentucky.

on how each of these jurisdictions adjudicates different offenses, what they make public (or not) and where.

With the Horseracing Integrity and Safety Act (HISA) having gone into effect on July 1, the TDN will also post a roundup of the relevant HISA-related rulings from the same week.

California
Track: Los Alamitos
Date: 09/16/2022
Licensee: Victor Espinoza, jockey
Penalty: $500 fine
Violation: Excessive use of the whip
Explainer: Jockey Victor Espinoza, who rode ANGEL NADESHIKO in the eighth race at Del Mar Race Track on September 11, 2022, is fined $500.00 for violation of Horseracing Integrity and Safety Authority rule #2280(c)(4) (Use of Riding Crop – use of riding crop after the finish of the race).

Track: Los Alamitos
Date: 09/17/2022
Licensee: Erick Garcia, jockey
Penalty: One-day suspension, $250 fine
Violation: Excessive use of the whip
Explainer: Having violated the Horseracing Integrity and Safety Authority Rule #2280 (Use of Riding Crop) and pursuant to Horseracing Integrity and Safety Authority Rule #2282 (Riding Crop Violations and Penalties – Class 3), Jockey Erick Garcia, who rode DREAMER GIRL in the third race at Los Alamitos Race Course on September 16, 2022, is suspended for ONE (1) day (September 23, 2022), and fined $250.00 for one (1) strike over the limit. Furthermore, Jockey Erick Garcia is assigned three (3) violation points that will be expunged on March 17, 2023, six (6) months from the date of final adjudication pursuant to Horseracing Integrity and Safety Authority Rule #2282 (Riding Crop Violations and Penalties).

Track: Los Alamitos
Date: 09/18/2022
Licensee: Juan Lopez, jockey
Penalty: One-day suspension, $250 fine
Violation: Excessive use of the whip
Explainer: Having violated the Horseracing Integrity and Safety Authority Rule #2280 (Use of Riding Crop) and pursuant to Horseracing Integrity and Safety Authority Rule #2282 (Riding Crop Violations and Penalties – Class 3), Jockey Juan Lopez, who rode MINING CRYPTO in the second race at Los Alamitos Race Course on September 17, 2022, is suspended for one (1) day (September 24, 2022), and fined $250.00 for three (3) strikes over the limit. Furthermore, Jockey Juan Lopez is assigned three (3) violation points that will be expunged on March 18, 2023, six (6) months from the date of final adjudication pursuant to Horseracing Integrity and Safety Authority Rule #2282 (Riding Crop Violations and Penalties – second offense since September 2, 2022). Jockey Juan Lopez has accrued a total of six (6) points.

Track: Los Alamitos
Date: 09/18/2022
Licensee: Ricardo Ramirez, jockey
Penalty: One-day suspension, $250 fine
Violation: Excessive use of the whip
Explainer: Having violated the Horseracing Integrity and Safety Authority Rule #2280 (Use of Riding Crop) and pursuant to Horseracing Integrity and Safety Authority Rule #2282 (Riding Crop Violations and Penalties – Class 3), Jockey Ricardo Ramirez, who rode ASPHALT ANDY in the fourth race at Los Alamitos Race Course on September 17, 2022, is suspended for ONE (1) day (September 24, 2022), and fined $250.00 for one (1) strike over the limit. Furthermore, Jockey Ricardo Ramirez is assigned three (3) violation points that will be expunged on March 18, 2023, six (6) months from the date of final adjudication pursuant to Horseracing Integrity and Safety Authority Rule #2282 (Riding Crop Violations and Penalties – 3\pard plain rd offense since July 4, 2022). Ricardo Ramirez has accrued a total of nine (9) points.

Track: Los Alamitos
Date: 09/18/2022
Licensee: Peter Miller, trainer
Penalty: $3,000 fine
Violation: Out of competition medication use
Explainer: Trainer Peter Miller, who administered an intra-articular corticosteroid injection to the horse LIAM'S DOVE on June 22, 2022, is fined $3,000 for violation of California Horse Racing Board rule #1866.3(c)(e) (Intra-articular Injections Restricted – treatment within ten [10] days of workout).

New York
Track: Aqueduct
Date: 09/17/2022
Licensee: Edgar Bayeh, agent
Penalty: $2,500
Violation: Violation of claiming transfer rules
Explainer: Mr. Edgar Bayeh is hereby fined the sum of $2,500 dollars for violating rule # 4038.4 Sale, transfer restricted. This for transfering horses to another trainer prior to the 30 days from the date of the claim.

Track: Aqueduct
Date: 09/17/2022
Licensee: Mitchell Friedman, trainer
Penalty: $2,500
Violation: Violation of claiming transfer rules
Explainer: Mr. Mitchell Friedman is hereby fined the sum of two thousand five hundred ($2,500) dollars for violating rule #4038.4 Sale, transfer restricted. This for transfering horses to another trainer prior to the 30 days from the date of the claims.

Track: Aqueduct
Date: 09/17/2022
Licensee: Javier Castellano, jockey
Penalty: $1,500 fine
Violation: Unfulfilled riding obligations
Explainer: Jockey Mr. Javier Castellano is hereby fined the sum of one thousand five hundred ($1,500) dollars for failing to fulfill his riding obligations.

Kentucky
The following rulings are from prior weeks and have only recently been posted.

Track: Kentucky Downs
Date: 09/12/2022
Licensee: Joel Rosario, jockey
Penalty: Three-day suspension
Violation: Careless riding
Explainer: After a hearing before the Board of Stewards, Joel Rosario who rode Happy Gal in the sixth race at Kentucky Downs on September 8, 2022, is hereby suspended three days, September 18, September 19 and September 20, 2022 for careless riding in the stretch tat resulted in the disqualification of his mount.

Track: Kentucky Downs
Date: 09/14/2022
Licensee: Chris Hartman, trainer
Penalty: $500 fine
Violation: Prohibited electronic therapeutic treatment
Explainer: After waiving his right to a formal hearing before the Board of Stewards, Chris Hartman is hereby fined $500 for prohibited electronic therapeutic treatment (use of portable handheld massager) of Necker Island within 24 hours prior to post time of race nine at Kentucky Downs on September 10, 2022 in violation of 810 KAR 8:010 Section 3 (7), which necessitated a late scratch.

NEW HISA STEWARDS RULINGS
Note: While HISA has shared these rulings over the past week, some of them originate from prior weeks.

Violations of Crop Rule

Albuquerque Downs
Cordarelton J. Benn–ruling date September 18, 2022
Luis Ramon Rodriguez–ruling date September 18, 2022

Arapahoe Park
Pacific Harbor–ruling date September 13, 2022

Delaware Park
Jeremy Alicea–ruling date September 13, 2022
Jean Alvelo–ruling date September 13, 2022
Gerardo Milan–ruling date September 16, 2022

Emerald Downs
Jacob Ryan Samuels-Wynecoop–ruling date September 18, 2022

Fanduel / Fairmount Park
Carlos Ulloa–ruling date September 13, 2022
Alvin Ortiz–ruling date September 13, 2022

Golden Gate Fields
Evin Roman–ruling date September 18, 2022

Horseshoe Indianapolis
Edgar Morales–ruling date September 12, 2022
Mickaelle Michel–ruling date September 13, 2022
Marcelino Pedroza–ruling date September 14, 2022
Abel Lezcano–ruling date September 15, 2022
Bryan Rivera–ruling date September 15, 2022
Orlando Mojica–ruling date September 15, 2022
Marcelino Pedroza–ruling date September 15, 2022

Kentucky Downs
Rafael Bejarano–ruling date September 12, 2022
Tyler Gaffalione–ruling date September 12, 2022
Edward Baird–ruling date September 12, 2022
Jack Gilligan–ruling date September 13, 2022
Francisco Arrieta–ruling date September 14, 2022

Mountaineer Park
Jason Simpson–ruling date September 14, 2022
Alex Gonzalez–ruling date September 14, 2022
Jose Luis Vega–ruling date September 14, 2022
Angel Diaz–ruling date September 14, 2022
Marco Camaque–ruling date September 14, 2022

Parx Racing
Hay Nineteen–ruling date September 14, 2022

Prairie Meadows
Alex Birzer–ruling date September 17, 2022

Presque Isle Downs
Ramon Romero–ruling date September 13, 2022

Remington Park
Luis Quinonez–ruling date September 16, 2022

Saratoga
Nazario Alvarado–ruling date September 13, 2022
Luis Cardenas–ruling date September 13, 2022
Amin Castillo–ruling date September 16, 2022
Kendrick Carmouche–ruling date September 17, 2022

Thistledown
T. J. Houghton–ruling date September 12, 2022

Voided Claims

FanDuel/Fairmount Park
Bows N Lace–ruling date September 17, 2022

Monmouth Park
Kamenshek–ruling date September 17, 2022

Mountaineer Park
Federale–ruling date September 13, 2022
Spirit Mission–ruling date September 14, 2022

Thistledown
Venetian Dream–ruling date September 12, 2022
Amigo's Affair–ruling date September 12, 2022
Rumpole–ruling date September 13, 2022
Kissthecross–ruling date September 13, 2022

Violations Involving Forfeiture of Purse
Saratoga
Amin Castillo–twelve strikes; $500 fine; 3-day suspension; purse redistribution

Emerald Downs
Jacob Ryan Samuels-Wynecoop–eleven strikes; $500 fine; 3-day suspension; 5 points; purse redistribution

Saratoga
Kendrick Carmouche–ten strikes; $500 fine; 3-day suspension; 5 points; purse redistribution

Mountaineer Park
Jason Simpson–ten strikes; $500 fine; 3-day suspension; 5 points; purse redistribution

Appeal Request Updates
Delaware Park
Ademar Santos
Crop rule violation
Ruling date September 3, 2022
Appeal filed September 13, 2022
No stay requested

Saratoga

Amin Castillo
Crop rule violation
Ruling date September 16, 2022
Appeal filed September 18, 2022
No stay requested

Golden Gate Fields
Evin Roman
Crop rule violation
Ruling date September 18, 2022
Appeal filed September 18, 2022
Stay requested/subsequently denied

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Op/Ed: Opportunity to Make a Difference

This weekend the baton will be handed off from our traditional summer focal points of Del Mar and Saratoga to Franklin Kentucky and the Kentucky Downs meet. Full fields, big crowds, and a vibrant atmosphere made possible by Historic Horse Racing (HHR) machines, and an ownership group willing to invest in its potential. Kentucky Downs embodies great hope for Kentucky racing and our industry's future, and it was almost taken away Feb. 10, 2021.

It was a cold, nasty February evening in Kentucky, when the Kentucky House of Representatives took up debate on Senate Bill 120, the legalization of HHR machines. The intellectual property argument, which created HHR, was brilliant as it guaranteed revenue generated from the machines would flow through the Horsemen's purse account to supplement purse money. Lessons learned from other state's “racino” experiments were applied in Kentucky and masterly played by our industry leaders, to whom I am forever grateful.

It goes without saying, we are enjoying a boom period since the passage of HHR. Purse money is sky rocketing, handle increasing with more full fields, and investments being made around the commonwealth in our racing product. This boom period is thanks to our industry leaders and lobbying organizations who spent time in Frankfort, and across Kentucky, to secure HHR's passage, and it was not a small feat.

If you recall that night, many floor speeches were given from various representatives around the commonwealth, and many were not in favor of support. Many opposing our industry, took the opportunity to declare to their constituents why they “could not support” our industry. Many who supported the passage of HHR have since been voted out by their constituents. Let me say that again…many who voted to support HHR have since been voted OUT by their constituents. I would bet that if HHR was brought to the floor today, it would not pass…how's that for sobering.

In Kentucky alone, there are dozens of newly elected people who ultimately make the rules for our industry: HHR, taxes, workers comp, etc. Expect them to support us because “we are Kentucky's signature industry,” and know this “boom period” will quickly bust. Many who supported us, in Frankfort, have been voted out. We cannot sit idly and expect their replacements to make their same choices.

We are enjoying this period of incredible growth thanks to the tireless work of our industry leaders, however, for many years we have let too few carry our water. We are harvesting their hard work and it's time for more of us to engage. We are responsible for our future. Now is the moment to get involved.    Please join us at Midway University in Midway Kentucky on Tuesday Sept. 6, to learn how we continue to step forward towards a bright future.

To learn more please click here and RSVP to brittany@horseswork.com.

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Is Kentucky’s Claiming Outflux A Real Or Perceived Problem

The Week In Review, by T.D. Thornton

Does Kentucky need to do something to stop the outflux of horses leaving the state after being claimed? And will any attempt at corrective action by rewriting regulations result in unintended consequences that could create their own problems?

Those questions were up for debate last week when the Kentucky Horse Racing Commission (KHRC)'s rule committee met to kick around ideas that could surface in a near-future proposal.

Commissioner Frank Jones, Jr., the rules committee chair, said that last year 779 Thoroughbreds were claimed out of Kentucky races. Of that number, 412 made their next start outside of the state.

“It's diluting the inventory of horses that we have,” Jones said.

“The claiming rule is a very, very intricate and difficult thing to wholesale [amend],” Jones said, adding that by his recollection over the decades, “this claiming rule has probably been changed about six times.”

But, Jones added, “You put the lid on the pot; the pot keeps boiling” with new issues.

One suggestion was to mandate that an outfit had to have started a horse at the race meet in question prior to being allowed to drop a claim slip for another horse at that track.

But Commissioner Greg Harbut was quick to point out that a problem with that methodology is that larger stables with many starters would have an edge over smaller outfits with only a horse or two.

“I believe that would give certain individuals a distinct advantage over other stables,” Harbut said, alluding to the likelihood that a sizable outfit might be able to achieve getting starters in on the first day of a meet, while smaller-scale owners and trainers are at the mercy of the condition book to determine when their individual horses might get in.

Harbut instead suggested that the rule tweak could be re-phrased to make it so that licensees who are stabled in Kentucky get preference at the claim box.

“I think if they're licensed and stabled here, it does show an intent to support Kentucky racing. I think that's all that we are looking for,” Harbut said.

Jones said that while a “residency” idea might have some traction, regulators have to tread carefully. Previous attempts at rulemaking to force claimed horses to stay in Kentucky for a longer period of time are “when we run into possible anti-trust” challenges, Jones said.

Jones also added that a residency rule might not be able to stop Kentucky trainers who claim horses for out-of-state outfits for a fee.

“Some people that are claiming horses in Kentucky, [then] you look up in 30 or 40 days and the same horse is entered in someone else's name,” in Indiana or in another nearby state, Jones said.

“There are some trainers who will claim horses for a $500 fee [and] it's been like that for at least the last five or 10 years,” Jones said.

“You will always have individuals that are going to skirt around the rules,” Harbut acknowledged, noting that regulations alone won't stop “individuals that still want to be aggressive” about claiming.

“The ownership landscape has changed in the last five to seven years,” Harbut explained. “A lot of entities are teaming together, not only in racing, but at horse sales and other things of that nature.”

Commissioner Bill May suggested that the committee step back and take in the overall landscape prior to recommending any changes.

“Is it a big enough issue that we need to actually memorialize it in the regs?” May asked. “We don't need to get in the business of writing a reg for every scenario that comes along, because we're never going to be able to address every issue.”

May continued: “I don't have the answer to whether or not [the claiming outflux] is a big problem. But if it's not a big issue, if it's only going to affect one or two people, I'm not sure it's worth fooling with. But if it's going to affect a multitude of people, then it needs to be addressed.”

Harbut brought up a related point: How many of those claimed horses eventually returned to Kentucky after briefly leaving the circuit?

Jones didn't believe that stat that had been compiled within the report he had been referencing.

“The reason I ask is that I know at the end of the racing season here in Kentucky, we no longer run dirt or turf, so a lot of those trainers that support Kentucky year-round go off to other jurisdictions such as Oaklawn, Fair Grounds, [where they] have the option of running on dirt or turf,” Harbut said.

“They, in turn, bring those horses back to Kentucky,” Harbut said.

Harbut said he would like better understanding of that seasonal give-and-take aspect of the claimed horse outflux before moving forward with any rules rewrite. The committee took no action on formally adopting any changes to the existing claiming rules.

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