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Churchill Downs to Suspend Meet, Move Racing to Ellis Park

Reeling from a rash of breakdowns that has developed into what can only be described as a crisis for the track and for the entire sport, track management at Churchill Downs Incorporated (CDI) announced Friday that racing will be suspended at Churchill after Sunday's card and that the remainder of the scheduled meet will be run at Ellis Park.

The first day of racing at Ellis will be held on June 10. The Churchill-at-Ellis meet will end on July 3.

Racing at Churchill will be held as scheduled this Saturday and Sunday.

“The team at Churchill Downs takes great pride in our commitment to safety and strives to set the highest standard in racing, consistently going above and beyond the regulations and policies that are required,” said Bill Carstanjen, CEO of CDI in a statement. “What has happened at our track is deeply upsetting and absolutely unacceptable. Despite our best efforts to identify a cause for the recent horse injuries, and though no issues have been linked to our racing surfaces or environment at Churchill Downs, we need to take more time to conduct a top-to-bottom review of all of the details and circumstances so that we can further strengthen our surface, safety and integrity protocols.”

Carstanjen's statement continued: “In addition to our commitment to providing the safest racing environment for our participants, we have an immense responsibility as the economic engine of the Thoroughbred industry in Kentucky which provides jobs and income for thousands of families every day. By relocating the remainder of the meet to Ellis Park, we are able to maintain this industry ecosystem with only minor disruption. We are grateful to the Kentucky horsemen for their support, resiliency and continued partnership as we collectively work to find answers during this time.”

Shortly after the Churchill statement was released, the Horseracing Integrity and Safety Authority (HISA) put out a release of its own, saying that it had recommended that the meet be suspended. HISA does not have the authority to close a meet down but can prevent a track from sending out its simulcasting signal if it feels that track is not making their best effort to deal with breakdowns and other safety issues.

“HISA's highest priority is the safety and wellbeing of equine and human athletes competing under our jurisdiction,” said HISA CEO Lisa Lazarus. “Given that we have been so far unable to draw conclusions about the cause of the recent equine fatalities at Churchill Downs, and therefore have been unable to recommend or require interventions that we felt would adequately ensure the safety of the horses running there, we made the decision to recommend to CDI that they temporarily suspend racing at Churchill Downs while additional reviews continue. We know that CDI and the KHRC [Kentucky Horse Racing Commision] share our goal of ensuring safety above all else, and we appreciate their thoughtfulness and cooperation through these challenging moments. We will continue to seek answers and work with everyone involved to ensure that horses are running safely at Churchill Downs again in the near future.”

The shift to Ellis was made despite widespread agreement among trainers, jockeys and by experts brought in to examine the racing surface that there were no issues with either the main track or the turf course. Of the 12 horses who have died, seven died in races run over the main track. There was also a fatality in a turf race and another during training hours. Wild On Ice (Tapizar), a contender for the GI Kentucky Derby, was the first fatality when he broke down during morning training on Apr. 27. Three other horses died due to causes other than musculoskeletal injuries.

Considering the widespread opinion that there is nothing wrong with the track, Rick Hiles, President of the Kentucky HBPA, came out with his own statement Friday in which he questioned the decision.

“Horsemen question the purpose of this unprecedented step, especially without conclusive evidence that there is a problem with the racetrack at Churchill Downs. We all want to find solutions that will improve safety for horses. However, we need to discuss allowing trainers and veterinarians to use therapeutic medications that greatly lessen the risk of breakdowns. Drastic steps, such as relocating an active race meet, should only be considered when it is certain to make a difference.”

The HISA statement also referenced the findings that there is nothing amiss with the racetrack.

“Track surface expert Dennis Moore completed his HISA-commissioned review of the Churchill Downs Racetrack and reported his findings to HISA earlier today,” the statement read. “After conducting his own inspection of the surface and reviewing data collected by Racing Surfaces Testing Laboratory (RSTL) and Churchill Downs, he reported there were no primary areas for concern and has verified that the various track metrics analyzed are consistent with previous years.”

The decision to move to Ellis was approved Friday by the Kentucky Horse Racing Commission (KHRC).

“Today, Churchill Downs requested a voluntary move of their operations to Ellis Park for the remainder of their spring meet,” KHRC spokesperson Kristin Voskuhl said. “Out of an abundance of caution for the safety of all racing participants, the KHRC approved the move. The KHRC is working closely with Churchill Downs and the Horseracing Integrity & Safety Authority on continuing investigations into the recent equine fatalities.”

The condition book for the Churchill meet and the stakes schedule will remain unchanged upon the shift to Ellis.

Last September, Churchill announced that it had bought Ellis from Enchantment Holdings for $79 million in cash. Following the Churchill-at-Ellis meet, racing will continue at Ellis. The 2023 Ellis meet runs from July 7 through Sunday, Aug. 27.

The move to Ellis will be an inconvenience for horsemen. Ellis is roughly 103 miles from Louisville. Despite that, Churchill-based trainer Dale Romans said he understood why Churchill made the move.

“I think it is overkill, but better to have overkill than to not pay attention to the breakdowns,” he said. “Yes, it surprised me when I first heard about it. But we are talking about a major corporate company and they don't want to keep going with things being the way they are only to figure out later that it was the racetrack. You can't execute Churchill for trying to do the right thing.”

When faced with similar problems in 2019, Santa Anita shut down its meet for about three weeks before resuming racing.

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KHRC Update on Churchill’s Horse Fatalities

On the heels of both the Horseracing Integrity and Safety Authority (HISA) and Churchill Downs updating horsemen and the public Thursday on actions taken regarding the 12 equine deaths since Apr. 27 at the Louisville oval, the Kentucky Horse Racing Commission (KHRC) issued an update of their own Friday afternoon outlining investigative actions already taken and planned to be taken in the future. The statement, which originated from the Commonwealth of Kentucky Public Protection Cabinet, appears in its entirety below:

“The Kentucky Horse Racing Commission (KHRC) takes the safety of all racing participants very seriously. The increased number of horse fatalities in Kentucky is concerning and the KHRC's veteran team continues to explore every known variable that could possibly be contributing factors in these deaths.

“Working daily with Churchill Downs and the Horseracing Safety Authority (HISA), the KHRC has taken the following actions:

Opened an investigation into every horse fatality
Interviewed jockeys, trainers, owners, grooms and backside workers regarding safety concerns and observations
Increased pre-race scrutiny on every horse for racing soundness
Participated in roundtable discussions with Churchill Downs' veterinary team, track superintendents and track executives looking for any recurring factor in the incidents.
Reached out to California Horse Racing Board Executive Director Scott Chaney for best practices in the event of a rash of equine fatalities
Participated in the HISA emergency summit and shared details of daily workouts, investigative interviews
Created an executive-level safety steward position to coordinate daily track safety measures. Job details will be posted at KHRC.ky.gov when available.

“Out of an abundance of caution and effective June 7, 2023, Kentucky Thoroughbred Development Fund purses will be limited to first through fifth place finishers.

“All investigations opened after Apr. 29, 2023 are ongoing, but so far have not identified a common variable between these recent fatalities. The KHRC has not received necropsy reports from the University of Kentucky for any horse fatality after May 2, 2023. Once necropsies are completed and blood analysis is returned, the KHRC veterinary team takes a comprehensive look at all known factors that contributed to that death and compiles those results in a mortality review. As these reviews are completed, they will be made public and posted to the KHRC website at https://khrc.ky.gov/new_docs.aspx?cat=30&menuid=30

“Each completed mortality review will be shared with HISA for further review and recommendations.

“On June 2, 2022, the KHRC entered a voluntary agreement with HISA that grants them authority to oversee racetrack safety. On Mar. 21, 2023, KHRC entered a voluntary agreement with HISA's Anti-Doping and Medication Control (ADMC) Program.

“With these agreements in effect, the KHRC has authority to suspend a license for any violation that threatens the integrity of Kentucky horse racing or the KHRC's ability to protect the racing public except where HISA has preempted state regulations in the areas of 1) track safety, and 2) anti-doping and medication control (“ADMC”). If a track had violations related to either of these areas, HISA would have jurisdiction.”

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Churchill Downs Issues Statement On Equine Fatalities

Edited Press Release

Churchill Downs Incorporated released the following statement Saturday in response to questions about track safety during the meet:

In today's first race, Kimberley Dream (Colonel John) sustained a significant injury–a distal sesamodean ligament rupture–to her left front leg. A similar injury occurred to Lost in Limbo (Into Mischief) during Friday's seventh race. Unfortunately, in both scenarios, attending veterinarians determined that the injuries were inoperable and unrecoverable and made the difficult but most humane decision to euthanize. We send our deepest and most sincere condolences to the connections and all who loved and cared for Kimberley Dream and Lost in Limbo.

There have been 12 equine fatalities at Churchill Downs since the stable area reopened for training on March 30. It is with absolute dismay and sorrow that we report this highly unusual statistic. Our team members mourn the loss of these animals as we continue to work together to discover cause and determine appropriate investments to minimize, to the degree possible, any avoidable risk in this sport and on our property. We do not accept this as suitable or tolerable and share the frustrations of the public, and in some cases, the questions to which we do not yet have answers. We have been rigorously working since the opening of the meet to understand what has led to this spike and have yet to find a conclusive discernable pattern as we await the findings of ongoing investigations into those injuries and fatalities.

As with any matter under investigation, justice or answers are not always swift, but the commitment to being thorough is incredibly important. We understand the justified desire for answers, yet also respect the process and authority of the Kentucky Horse Racing Commission (KHRC) and the Horseracing Integrity and Safety Authority (HISA) when managing these important investigations. We are actively working in cooperation with these regulatory authorities and share their goal to improve the safety of this sport.

In recent weeks, we have been focused on our responsibility to provide the safest racing environment possible on our property. Part of that effort has included increasing the frequency with which our surfaces are tested. Earlier this week, Churchill Downs commissioned Dr. Mick Peterson, Executive Director of Racing Surfaces Testing Laboratory and Professor of Biosystems and Agricultural Engineering at the University of Kentucky, to perform additional diagnostics on our racetrack. The report indicated that the measurements from retesting do not raise any concerns and that none of the data is inconsistent with prior measurements from Churchill Downs or other tracks.

We simply will not allow these equine fatalities to be in vain. We are engaged in an epidemiological study with the Jockey Club to review each individual horse to determine if there are any undetected patterns that have not been previously identified. These findings can be incorporated into our daily review of entries and potentially trigger additional interventions using advanced diagnostic modalities.

Additionally, we have worked to uncover ways to invest in research and resources that may be made available to trainers, so that together we can better detect pre-existing injuries and work to avoid catastrophic injuries in racing. We have made promising progress in determining ways to increase the use of technology to better inform and intervene when abnormalities in horses present and are eager to share these announcements with horsemen and the public in the coming days. This is in addition to mining and enhancing our already comprehensive safety protocols and policies (Churchill Downs “Safety from Start to Finish”), all developed over the years to improve upon every opportunity we have to advocate in the best interest of our equine and human athletes.

We are troubled by this recent string of fatalities. It is extremely inconsistent with the outcomes we have experienced over the years, with the reputation we have developed over the decades and with the expectations we set for ourselves and owe our fans. We are committed to doing this important work and updating the public with our developments.

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Hearing Officer Affirms Medina Spirit Derby DQ And Baffert Penalties

The hearing officer assigned to oversee trainer Bob Baffert and owner Zedan Racing Stables' appeal of penalties related to the drug disqualification of 2021 GI Kentucky Derby winner Medina Spirit (Protonico) has issued a recommended order to the Kentucky Horse Racing Commission (KHRC) that the underlying stewards' rulings be affirmed in their entirety.

The 47-page report was made public via press release by the Kentucky Public Protection Cabinet early on the Friday evening of the long Memorial Day holiday weekend. Its issuance comes 765 days after Medina Spirit crossed the finish wire first in the 147th Derby but subsequently tested positive for betamethasone in a KHRC post-race drug screening.

The recommendation, which must be considered and voted upon by the full KHRC board at a later date, upholds Medina Spirit's DQ, a 90-day suspension that Baffert has already served but wanted expunged from his record, and a $7,500 fine imposed upon the Hall-of-Fame trainer. Acceptance of the report's findings by the KHRC would affirm Mandaloun (Into Mischief) as the official winner of the 2021 Derby.

“The Hearing Officer finds and concludes that the KHRC has shown that the stewards' decision was made on reliable, substantive evidence that the horse, Medina Spirit, was administered and carried the prohibited substance, betamethasone,” hearing officer Eden Stephens wrote.

“The plain language of the KHRC's betamethasone regulations is clear: betamethasone is prohibited in a post-race sample,” Stephens wrote.

The debate over whether or not Medina Spirit's betamethasone finding was the result of an injection or the application of an ointment to treat a skin condition had been a focal point of testimony during six days of appeal hearings in August 2022.

“Parties agree the KHRC has the burden of proof but differ framing the question of what needs to be proven,” Stephens wrote. “KHRC argues it must establish a prima facie case that Medina Spirit [tested positive for a prohibited drug]. Appellants believe this case is solely premised on whether the use of a topical ointment, Otomax, for a clinically diagnosed skin infection on a racehorse, constitutes a violation of any clearly expressed and unambiguous rule…” Stephens wrote.

“At the running of the 147th Kentucky Derby on May 1, 2021, no KHRC regulation set forth an 'established concentration level' under which betamethasone is allowed in a post-race sample. Therefore, a laboratory finding of betamethasone in a post-race sample establishes a prima facie case that a trainer violated the KHRC's medication regulations,” Stephens wrote.

“Appellants contend that 810 KAR 8:010 Section 4 permits the administration of betamethasone ointment; therefore, a betamethasone positive arising due to an ointment administration is not a violation. This interpretation improperly conflates the KHRC's regulations governing medication administration with the regulations governing medication levels in post-race samples,” Stephens wrote.

“The KHRC's regulations do not state that any route of administration excuses a post-race betamethasone positive,” Stephens wrote.

“Additionally, the KHRC has a longstanding, uninterrupted history of treating all medications without thresholds as limit-of-detection medications and of finding that the administration route leading to a medication positive is irrelevant,” Stephens wrote.

“Betamethasone is a Class C drug. Its presence in a horse's post-race sample is prohibited by the KHRC, regardless of method of administration. Betamethasone has the potential to influence performance, as well as health and safety, in equine athletes,” Stephens wrote.

“Finally, the Stewards' Rulings in this case were restrained and reasonable. The stewards could have imposed a five-year suspension and $50,000 fine. Instead, they suspended Mr. Baffert for 90 days and fined him $7,500,” Stephens wrote.

The press release outlined the next steps in the process.

“Both parties can file exceptions to the recommended order should either party believe the hearing officer made an incorrect finding of fact or conclusion of law. The matter will then be referred to the KHRC to issue a Final Order,” the release stated.

“A Final Order may be appealed to Circuit Court within 30 days of issuance of the Final Order. If no appeal is filed within 30 days, the case will end,” the release stated.

A Saturday morning voicemail message seeking comment from Baffert's attorney, Clark Brewster, did not yield a reply prior to deadline for this story.

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