The Week in Review: HBPA Tries to Derail HISA in Federal Court–But Also Wants Its Help in Arizona

If the saga over the supposedly pending sale of now-closed Turf Paradise was a soap opera, its title would surely be “AZ the World Turns.” The state's racing is hanging in the balance amid an increasingly acrimonious long-term feud between the track's owner and horsemen, leading one trainer at last Thursday's Arizona Racing Commission meeting to liken the horse community's predicament to children “being used as pawns in a divorce battle” by vindictive parents on the verge of a nasty split.

Although TDN's original story about that Oct. 12 commission meeting didn't have the space to cover all aspects of the ongoing bickering among the Arizona Horsemen's Benevolent and Protective Association (AZHBPA) and Turf Paradise's owner, Jerry Simms, one subplot is worth further mention here, because its irony resonates at the federal level (and perhaps soon all the way to the United States Supreme Court).

Lloyd Yother, the president of the AZHBPA, alleged on Thursday that Simms is so far behind in making necessary repairs and upkeep that a new, incoming owner would never be able to open Turf Paradise for a race meet in January, a target date that Simms has said is perfectly reasonable as he attempts to execute a purchase-and-sale agreement with a buyer who has thus far refused to speak publicly about the deal at Arizona commission meetings.

In particular, Yother and Simms sparred verbally over the specific issue of whether or not extensive repairs are needed for the main track railing, with Yother claiming the fencing is not up to spec and Simms countering that Turf Paradise had fixed problems related to a non-compliance warning issued by the Horseracing Integrity and Safety (HISA) Authority earlier this year after an inspection turned up “numerous gaps and exposed edges in the railing material that could inflict serious harm upon jockeys…”

Darrell Haire, the western regional manager for The Jockeys' Guild, told commissioners on Thursday that the Turf Paradise rail during the 2022-23 season “was patched up the whole meet. And I don't know what condition it's in now, because it's just getting older. It's just deteriorated. So I believe that it has to be replaced. The patchwork they did was finished the last week of the meet, and it was supposed to be done at the beginning of the [last] meet.”

Haire's points are well-taken. But to understand where things got interesting in this particular argument, you have to widen the lens to encompass the HBPA's 2 1/2-year-old legal quest to kill off HISA over alleged constitutional violations. Keep that court fight in mind when considering what Yother next suggested at that meeting:

“I have a recommendation that maybe we ought to ask HISA to come back in and take a look at the track, to maybe get a step ahead of some of the delays that we're encountering now,” Yother said. “If we get HISA to send somebody in to look at the track [we can] see what's going to have to be done before anybody will be able to race, whether it be current owner, future owner, or whatever.”

Yes, that's the president of an HBPA affiliate, whose own organization–plus its national parent and 11 other HBPA affiliates–have written in court documents that the HISA Authority functions like “a private police department” with sweeping powers that equate to “oligarchic tyranny,” now calling upon that very same Authority to intervene when the AZHBPA needs an entity with federal clout to advocate for its own cause.

This unlikely juxtaposition of the AZHBPA asking the HISA Authority for help while it's simultaneously trying to eradicate that regulator and its enabling law would be stunning were it not overshadowed by the truly dire overall predicament that Arizona racing now faces.

'Notion' is 'Great' in two states

Saturday's win by Witty in the $100,000 Maryland Million Turf Sprint S. over 5 1/2 furlongs at Laurel Park extended an impressive streak set by Great Notion, the state's top stallion by progeny earnings every year since 2018 (and the leader so far this season). His offspring have now won at least one Maryland Million Day stakes in 14 runnings of that event, dating to 2010.

But the Maryland Million win wasn't even the biggest payday for a Great Notion-sired runner in a state-restricted stakes on Saturday. Later that evening, Coastal Mission splashed home by 5 3/4 lengths in the $300,000 Sam Huff West Virginia Breeders' Classic at Charles Town. Despite racing beyond seven furlongs for the first time, the 4-year-old was pounded to 1-5 favoritism and delivered by wiring the field over the three-turn, nine-furlong distance.

Owned, bred and trained by Jeff Runco in partnership with his wife, Susan (Coleswood Farm), the win was the sixth straight for Coastal Mission. The gray has won nine of his last 10 dating to December, with all of the victories coming at Charles Town. His lone defeat was a fifth back in March when the gelding ventured to Laurel for a stakes engagement. In West Virginia, he's scored in state-bred stakes, open allowances, and also in the open-company $250,000 Russell Road S. last time out.

Coastal Mission's lifetime mark stands at 11-3-1 from 16 starts, with $572,728 in earnings.

Bred, owned, and trained by Elizabeth Merryman, Witty is a 4-year-old half-brother to last year's GI Breeders' Cup Turf Sprint victress Caravel (Mizzen Mast). She was also bred and initially trained by Merryman prior to joining trainer Brad Cox for owners Qatar Racing, Marc Detampel and Madaket Stables.

On Sunday, the 6-year-old Caravel just missed giving her dam, Zeezee Zoomzoom, two six-figure stakes winners on the weekend. She ran second as the odds-on favorite in the GII Franklin S. at Keeneland.

Jockeying for Graded Stakes

Flavien Prat won that aforementioned Franklin S., closing the gap to one victory in the North American jockey race for most graded stakes wins in 2023. Heading into the lucrative Breeders' Cup championships, this battle is shaping up as a two-rider run-off, with Irad Ortiz, Jr., (36) narrowly ahead of Prat (35).

Through Sunday's races, the next closest jockeys are Juan Hernandez (24), Luis Saez (21), then Tyler Gaffalione and Joel Rosario (20 each).

Ortiz has ridden in 11 more graded stakes than Prat. Interestingly, Hernandez is the top percentage rider among the leaders, winning graded stakes at a 31% clip from only 77 chances (everyone else mentioned has ridden in at least 121 graded stakes).

Last year Ortiz topped Prat 50-42.

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‘Cold’ Gets Hot: $75 Longshot Put Up Via DQ To Win Maryland Million

The longest shot on the board got elevated to victory via disqualification of the 5-1 rival who beat him by a neck in the featured $150,000 Classic S. on the 38th annual Jim McKay Maryland Million program Saturday at Laurel Park.

Ain't Da Beer Cold (Freedom Child), dismissed by the betting public at 36-1, led the field until the quarter pole under Jevian Toledo when Market Maven (Super Ninety Nine) seemingly put him away. But Ain't Da Beer Cold refused to quit, digging in and reclaiming the lead a half-furlong later.

Just after the dueling duo crested the eighth pole, Market Maven slanted inward after Carlos Lopez delivered two stern right-handed cracks of the whip. Then that gelding dropped farther toward the inside, bumping the rail-running Ain't Da Beer Cold once. The two continued in lockstep, bobbing noses as the line loomed, with the stubborn Ain't Da Beer Cold refusing to relinquish a slim advantage until the all-out Market Maven wore him down in the final six jumps to the wire.

The stewards never lit the inquiry sign but Toledo claimed foul, leading to the reversal of the finish positions and a jubilant trip to the winner's circle for the breeders/owners Matt Spencer and Kelly Jo Cox, plus co-owner Bonuccelli Racing and trainer Kenny Cox.

Ain't Da Beer Cold was a difficult horse to figure on paper. The 5-year-old had been beaten an aggregate 99 1/4 lengths in his last five starts. He had finished eighth in two previous editions of the Maryland Million Classic and hadn't won a race since the summer of 2022 at the Timonium fair.

“We just went in there hoping he would show up,” Cox said. “He's had terrible form. We've had a bunch of excuses, and I don't like making excuses.”

But after conferring with the owners, Cox decided to give Ain't Da Beer Cold one more shot in the Classic prior to a winter turnout.

“This is better than the [GI] Preakness [S.],” Spencer said post-win. “It's a dream come true. This horse is all heart. Toledo says he's going to the lead and let's see what happens. Let's see how far he can go. Thankfully we got put up. I didn't think it was going to happen. The racing gods were good to us today.”

The victory was Toledo's fourth on the Oct. 14 Maryland Million card and his third in that afternoon's eight stakes.

Timed in 1:52.39 over a dirt track that had been downgraded to “good” by rain after first being rated as “wet fast” and then “fast,” it was the slowest Maryland Million Classic since that stakes began being carded at 1 1/8 miles in 2009.

Yet the rain showers weren't enough to water down the turf course condition from “firm,” nor did the moisture dampen the chances of front-runners, who swept the two grass route stakes.

The $125,000 Turf over nine furlongs produced a deja-vu result. Last year Wicked Prankster (Mosler) cleared the field, looked certain to be swallowed up late, then resurged to win this same stakes by three-quarters of a length. Wicked Prankster had been 0-for-5 since, but the betting public backed him to second choice in the wagering (2.8-1) to repeat.

Jockey Yomar Ortiz, riding the 5-year-old for the first time for owner/trainer Sam Davis, sent his gelding to the lead and made sure he stayed on under pressure, again winning by three-quarters of a length, stopping the timer in 1:48.28.

“Sam told me to break good and get to the front, take it easy and relax,” said Ortiz. “I had a lot of horse left at the quarter pole. Turning for home, I knew I had it.”

Country Life Farm & Broken Trust Fund bred Wicked Prankster.

It was the same running style and same three-quarters winning margin in the $125,000 Ladies S. at nine furlongs on the lawn. Precious Avary (Divining Rod) shot straight to the front and never looked back in 1:49.53, extending her lifetime mark on the turf to 3-for-3 for owner/breeder Smith Farm & Stable, trainer Tim Shaw, and jockey Silvestre Gonzalez.

Off at 3.3-1 odds, the 3-year-old filly is a New Jersey-bred with a Maryland sire, so that gives her dual access to Maryland Million conditions and New Jersey-bred opportunities. Over the summer, Precious Avary won two restricted allowances and a “J-bred” stakes at Monmouth Park.

“I knew if she ran similar on the lead at Monmouth she would be tough today,” Gonzalez said. “She broke sharp with her ears perked and was happy. I was thinking she'd sit second as there might be speed from the outside, but she went on. Around the turn I asked her for run and she went about her business.”

The two juvenile stakes, both carded at six furlongs, produced clockings only one-hundredth of a second apart, with the fillies (track “fast”) fractionally edging the boys (track “good”).

The $100,000 Lassie S. for 2-year-old-fillies stood out from a “bombs away” perspective, with Miss Harriett (Blofeld), the lone first-time-starter in a field of 13, igniting the tote board at 62-1.

Piloted by Jean Briceno, Miss Harriett forced the pacemaker from post 12, took over at the quarter pole, braced for the challenge of the dead-aim favorite, lost the lead at the sixteenth pole, then determinedly clawed it back in the shadow of the wire to score by a neck in 1:12.23.

The win represented the third straight Maryland Million juvenile stakes score for Blofeld, whose progeny swept both 2-year-old events in 2022. Miss Harriett was bred by David Baxter, is owned by Narrow Leaf Farm, and is trained by Brandon McFarlane.

The companion $100,000 Nursery S. for 2-year-old males featured a polished performance by Catahoula Moon (Golden Lad) that belied his relative inexperience and 4-1 odds.

Locked and blocked but full of run behind a wall of five horses at the head of the stretch, Xavier Perez deftly guided Catahoula Moon's distinctively jagged-blazed head off of heels of the frontrunners, then knifed the colt through an opening to pulse on past, leaving the field (and Perez's dropped crop) 4 3/4 lengths behind in 1:12.24.

Bred by Angela Coombs, Catahoula Moon is owned by Super C Racing and trained by John Robb.

In the $100,000 Distaff S. at seven furlongs, even-money Intrepid Daydream (Jess's Dream) seized the lead at the top of the stretch and sprinted clear to run her lifetime record to 6-3-1 from 12 starts. The three-length triumph in 1:24.62 was her third straight win for breeder/owner Paul Fowler Jr. and trainer Gary Capuano. Toledo rode.

The 4-year-old filly might have had a more difficult time drawing into the race than she did winning it, requiring scratches to get in.

“I didn't know we were going to be in. I was rushing around trying to get here and see the race,” Fowler said. “She ran like we expected. She usually shows speed and today she took back a little bit, relaxed and went on with it. It's pretty amazing, because it's a long road.”

In the $100,000 Sprint S. at six furlongs, Seven's Eleven (Bandbox) pressured the pacemaker, then brushed and bumped with that rival in upper stretch before strong-arming him into submission and widening a winning margin to five lengths in 1:10.49.

The 3-year-old gelding is a homebred for Cottonwood Stable. Carlos Mancilla trains, and Angel Cruz rode. The gray was coming off an 8 1/2-length allowance romp over seven furlongs and had little trouble shortening to three-quarters of a mile at 4.9-1 odds.

In the $100,000 Turf Sprint S. over 5 1/2 furlongs, Witty (Great Notion), a 4-year-old half-brother to last year's GI Breeders' Cup Turf Sprint victress Caravel (Mizzen Mast), pounced from last at the quarter pole and barreled up a wide-open rail, blasting past four contenders at the sixteenth marker to run his record to 6-7-0 record from 18 starts. The winning time was 1:02.64.

Bred, owned, and trained by Elizabeth Merryman, Toledo was aboard for the 1 ¼-length score at 7-10 odds.

Witty's victory represented the continuance of an impressive 14-year streak set by Great Notion, the state's leading stallion by progeny earnings every year since 2018 (and the runaway leader so far this season). His offspring have now won at least one Maryland Million Day stakes in every running of the event since 2010.

Witty's older sister, Caravel, will try to complete a sibling stakes double at Keeneland on Sunday. She's the 9-5 morning line favorite in the GII Franklin S.

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2023 Joe Kelly Unsung Hero Award to Betty McCue

Betty McCue has been selected as the winner of the Maryland Million 2023 Joe Kelly Unsung Hero Award. Presented by the Board of Directors of Maryland Million Ltd, the award honors the memory of Maryland Million publicist Joe Kelly and celebrates important characteristics that are valuable, but sometimes go overlooked.

McCue runs EHM Stables with her sister, Evelyn Martin, offering lessons, boarding, lay-ups, sales and leases. In addition, McCue is very active in pony racing. She maintains a large stable of ponies and is an avid participant in the U.S. Pony Racing meets held throughout the year in the Mid-Atlantic.

McCue will be honored at this year's Jim McKay Maryland Million, which will take place at Laurel Park Oct. 14.

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Ben’s Cat, Mountain Dew Elected to Maryland Thoroughbred HOF

The legendary 26-time stakes winner and fan favorite Ben's Cat and star foxhunter Mountain Dew are the newest inductees into the Maryland-Bred Thoroughbred Hall of Fame after a vote by a committee of Maryland racing industry members coordinated by the Maryland Horse Breeders Association and Maryland Racing Media Association.

A son of Parker's Storm Cat, Ben's Cat did not debut until his 4-year-old season after breaking his pelvis at two, an injury that required six months of stall rest. He won his first two career starts in claiming company and his first eight overall for owner,  breeder and trainer King T. Leatherbury, including the first three of those black-type victories. He won the Maryland-bred Mister Diz S. a half-dozen times from eight starts in the race, the Jim McKay Turf Sprint on five occasions and the Maryland Million Turf Sprint H. three times. He was a graded-stakes winner each year from 2011-2014, all in turf sprints at Parx Racing. In 2017, he was awarded the Secretariat Vox Populi Award, chosen by voters from around the world.

Janon Fisher, Jr.'s Mountain Dew was a star foxhunter before switching to timber racing in the early 1960s. He won the Maryland Hunt Cup three times (1962, 1965 and 1967) with rider Janon Fisher III and was runner-up in 1963, 1964 and 1966. He was injured at the 19th of 22 fences in the 1968 Hunt Cup when leading and remarkably continued to jump fence 20 while being pulled up. Mountain Dew competed in 24 sanctioned timber races and never fell. He was injured in a single start on the flat as a 3-year-old.

“We are so proud that, with this year's inductees, we are able to celebrate not only two of our most important Maryland-bred horses, but Maryland's remarkable horsemen and the diversity of our sport that they represent,” said Cricket Goodall, executive director of the Maryland Horse Breeders Association. “King T. Leatherbury and the Fisher family are great examples of the persistence and longevity that Maryland is known for.”

This year's inductees will be celebrated during a ceremony between races at Timonium Race Course Saturday, Sept. 2.

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