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Lasix Debate: The Stronach Group Refusing To Card 2-Year-Old Races In Maryland

Unless the Maryland Racing Commission directs otherwise, there will be no 2-year-old races in Maryland in 2020 in light of the refusal of The Stronach Group, owner of the Maryland Jockey Club, to card 2-year-old races unless they are lasix-free.

In March 2019, TSG announced that it would impose a ban on lasix in horses born after 2018 at its racetracks. The action stemmed from a series of catastrophic injuries at Santa Anita—though it was widely acknowledged that lasix had nothing to do with that situation and the announcement was considered a misdirection to deflect criticism of the company's safety and welfare practices and track maintenance. Subsequently, TSG joined with a coalition of racetracks that announced they would seek to ban lasix in 2-year-olds beginning in 2020 and all stakes races beginning in 2021.

The Boards of Directors of the MTHA and Maryland Horse Breeders Association, in response to the TSG announcement, met jointly to review the TSG lasix announcement. The Boards determined to issue a joint statement in opposition, and it was released on April 24, 2019. In response, TSG President Belinda Stronach asked to meet with both groups, and a meeting was held at Laurel Park during Preakness week in 2019.

At the meeting, the group discussed the situation and sought to have Ms. Stronach appreciate how the racing industry in the Mid-Atlantic region works collaboratively to ensure that jurisdictions adopt the same rules and regulations in an effort to continually build upon uniformity for the benefit of horsemen, racetracks and the public. She acknowledged that Maryland is not California or Florida—the other states where the company owns racetracks—and agreed to work collectively with Maryland leaders on the lasix issue and not impose any mandates that would put Maryland at a severe competitive disadvantage with its surrounding states.

The groups also indicated a willingness to discuss lasix policies and told Ms. Stronach that they would be willing to provide meaningful funds for research to find a suitable alternative to Lasix that would control respiratory bleeding in the horse and not be necessary on race day. Both the MTHA and MHBA invited Ms. Stronach to join in the funding effort.

To date, Ms. Stronach has made no effort to meet with the horsemen and breeders or engage in any discussion about changing lasix policy in Maryland or the Mid-Atlantic region.

At the same time, the MRC was asked whether TSG could impose a lasix ban by “house rule.” The Attorney General's Office, in a letter of advice to the MRC, stated:

“Clearly, COMAR 09.10.03.08 permits administration of race-day lasix. Accordingly, because the administration of lasix is allowable on race day, implementing a house rule forbidding its administration would be in contravention of the current regulations … Accordingly, it is the advice of this office that the potential imposition of a house rule by the licensee to prohibit the administration of race-day lasix is not allowable without modification of COMAR 01.10.03.08.”

Subsequently, during the negotiations last fall for funding the proposed Racing and Community Development Act for Pimlico Race Course and Laurel—in which substantial funding was sought from the horsemen and breeders for the next 30 years—both Boards made clear that a process for future medication policy, among other items, would need to be resolved in order for any permanent funding commitments could be finalized. In reliance on the belief that such a process would be agreed upon in any long-term agreement required in legislation, both groups agreed to support the plan to make it financially viable. Had TSG been forthright with both Boards at the time about its plans to impose its own lasix policies without any discussion or regulatory review, and the manner in which TSG actually planned to proceed, it is highly unlikely that either Board would have committed to funding the Redevelopment Plan for the next 30 years.

As it became apparent when live racing resumed May 30 that the MJC was not carding 2-year-old races, repeated inquiries to the MJC and TSG by the MTHA were met with explanations having nothing to do with lasix policy until June 18 when suddenly, and without any prior notice or discussion with the MTHA and MHBA, TSG advised the MRC by letter, and in a Press Release issued at the same time, that it intended to begin carding non-lasix 2-year-old races beginning June 24 by “house rule” despite the Attorney General's opinion to the contrary.

In a legal brief filed with the MRC, TSG asserted that it did not need the racing commission's approval, that the regulations did not apply to the company, that it had the right to card such races under its common law powers, and that the regulation on bleeders was poorly written and permitted TSG to card such races. In an acrimonious and contentious meeting June 25, the MRC rejected TSG's arguments, advised the company that it could not card non-lasix races for 2-year-olds without a rule change, and referred the lasix issue to its newly formed Equine Health, Safety and Welfare Committee that was mandated by the Racing and Community Development Act of 2020.

In response to a question about whether TSG planned to card 2-year-old races under current regulations in addition to non-lasix races, TSG announced that it would refuse to card races in which the horses could be administered lasix, notwithstanding that Maryland law permits horses to receive such a medication.

In an effort to defuse the crisis, get 2-year-old races carded, and help the industry continue to recover from the economic crisis caused by the COVID-19 outbreak, the MTHA Board of Directors on July 1 offered to TSG to permit 2-year-old races to be carded for the next 90 days, with 50% of such races to be run under the current rules and 50% of the races to be run lasix-free, and commence discussions with TSG and the new MRC Safety and Welfare Committee on future lasix policy.

The offer was promptly rejected by TSG, but TSG offered that it would be willing to card some non-lasix Maryland-bred 2-year-old races with bonuses paid by TSG. The MTHA unanimously rejected this offer.

Which brings us to the current situation. The manner in which this matter has been raised and handled by TSG, particularly in light of the history of this issue over the past year, commitments it made to the Maryland racing community that were not honored, and the current economic crisis in Maryland racing where it has lost two-and-a-half months of live racing, pari-mutuel revenue and video lottery terminal revenue because of the shutdown and currently can only afford to race twice a week, is bewildering to say the least.

Trainers have been conditioning 2-year-olds for months waiting for a race. Owners and breeders are taking a major financial hit, particularly with Maryland-bred 2-year-olds that must race in state to qualify for the lucrative owner and breeder bonuses that are depended upon to sustain their operations. On July 1, a $40,000 maiden special weight event at Delaware Park was split into two divisions, each with seven horses—almost all Maryland-based.

We are appalled and disheartened by the defiant manner and tone in which TSG has chosen to act. We have no problem discussing and reviewing Lasix policy in racing. It has been a decade since the industry conducted an intensive scientific and political review of its Lasix program, and the current regulatory scheme, the most uniform in racing, should be reviewed.

To its credit, the MRC wants to undertake a review before changing current regulatory policy and agrees the discussion shall be regional in scope. There are scientific, equine safety and welfare, integrity and public policy issues to be considered. Apparently, TSG does not want this discussion. Rather, it simply wants to dictate policy to trusted partners without any discussion and review and is holding Maryland racing and breeding hostage to achieve its goals.

In the process, TSG is causing economic havoc and has badly damaged a decade of partnership, trust and progress in Maryland racing—the renaissance of Maryland racing—as all stakeholders and the MRC have worked collectively to lift the industry and keep disagreements behind closed doors. If successful in its strategy,TSG could set a precedent going forward that could have them dictating industry policy without any input from horsemen and breeders or regulatory oversight by imposing their own rules and regulations and in the process, reduce this industry to division and acrimony.

The MTHA regrets that the possibility remains there will be no 2-year-old racing in Maryland this year. As was stated at the June 25 MRC meeting: “Maryland racing deserves better.” We trust the MRC recognizes it powers and responsibilities and will firmly deal with a track owner who believes it can do what it wants and without any regard for the industry at large.

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The Week in Review: Met Mile–and Vekoma–Both Benefit from Role Recasts

One of the most welcome schedule changes imposed upon the racing calendar by the COVID-19 pandemic was the repositioning of the GI Runhappy Metropolitan H. to headline status on the July 4 holiday at Belmont Park.

In 2014, the Met Mile got yanked off its decades-long anchor as the Memorial Day feature in New York, reassigned to a supporting role on GI Belmont S. Day. This move was part of the prevalent (but not always aesthetically pleasing) national practice of stacking graded stakes on big-race Saturdays. It never felt like a true fit, primarily because the five years of undercard status didn’t match the race’s century-plus foundation of historical significance.

On Saturday, Vekoma (Candy Ride {Arg}) did his best to ensure that what appeared on paper to be a talent-laden renewal of the 2020 Met Mile unfolded that way on the racetrack. He stormed straight to the front, refused to be headed under intensifying pressure, then deftly swatted away serious deep-stretch bids from some of the best middle-distance horses on the continent.

Off as the 1.95-1 second favorite, Vekoma prevailed by 1 1/4 lengths in 1:32.88 for the one-turn mile (104 Beyer Speed Figure).

A thrill-ride metaphor is apt here because Vekoma shares a name with a roller coaster manufacturer. You can even make the case that this George Weaver-trained 4-year-old has already had one dizzying ascent followed by a free-fall plummet, and is just now gathering momentum for the next set of twists and turns.

The early part of Vekoma’s career was notable for its 2-for-2 start, including a win in the 2018 GIII Nashua S.

But as a May 22 foal who was on the slight side, Vekoma earned a reputation as a light-bodied, overachieving speedster who at times looked intimidated by physically bigger foes. He also tended to lose focus in his stretch runs, and had a quirky way of going that wasn’t pretty, but got the job done.

Just like the Met Mile got miscast in its supporting role, Vekoma, too, was miscast in the spring of 2019 as a bona fide 10-furlong contender on the GI Kentucky Derby trail.

He ran a credible third in the GII Fountain of Youth S. despite being outmuscled off the turn by eventual winner Code of Honor (Noble Mission {GB}). Then he forced the pace on the front end to win the GII Toyota Blue Grass S., but that victory was aided by a speed-friendly Keeneland surface (seven of eight main-track winners that day were first or second at the second call), and it signaled the two-turn breakthrough might have been bias-enhanced.

Since hardly anyone wins a Derby prep in April then skips the Derby itself, Vekoma got tossed into the deep end of the sophomore pool on the first Saturday in May. He broke alertly, opted for a four-deep position to avoid slop kickback, then appeared physically overmatched when the brawnier Country House bulled by for his via-DQ winning run. “At least he came back in one piece,” Weaver quipped after the colt’s 13th-place finish.

Vekoma got nearly 11 months off and returned this past March with more muscle on his frame and far fewer focus issues. He still has that offbeat front action. But when he posted a 102 Beyer coming off the shelf in the Sir Shackleton S. at Gulfstream, then followed up with a 7 1/4-length, 110-Beyer trouncing of a respectable field in the GI Runhappy Carter H. June 6 (both over seven furlongs), the emphasis started to shift away from how Vekoma looks when he runs to how imposing a presence he’s developed.

As Weaver told TDN‘s Chris McGrath last month, this colt is now “all man.”

In the Met Mile, Vekoma beat a field that boasted 20 combined graded stakes victories. ‘TDN Rising Star’ McKinzie (Street Sense), who was a trip-troubled second in last year’s deep edition of the Met Mile, made an all-out bid, but could fare no better than sixth as the beaten favorite. Code of Honor, who assertively put Vekoma in his place twice when they met last year at age three, now was the one who submitted in the final furlong, checking in third despite digging in and trying hard.

“At the quarter pole, for a brief moment, I didn’t know if he had any horse in the tank or not,” Weaver said of Vekoma after the race. “But at the eighth pole, I saw him re-break and I was so proud of him.”

Vekoma’s Met Mile win did come over a drying-out main track that leaned slightly toward speed-favoring (three wire winners and one presser from five dirt races) and produced some quick clockings (the GIII Victory Ride S. for 3-year-old fillies earlier on the card was only a hundredth of a second off the track record for 6 1/2 furlongs).

Vekoma’s Met Mile tally earned him a Breeders’ Cup “Win and You’re In” berth into the GI Big Ass Fans Dirt Mile, just like his Carter score last month earned him a similar free pass into the GI Sprint.

Vekoma is now 5-for-5 in one-turn races. He hasn’t run six furlongs, the Sprint distance, since his career debut. And because this year’s Breeders’ Cup will be held at Keeneland, the two-turn Dirt Mile configuration could also prove challenging to his one-turn sweet spot.

With a circumference of 1 1/16 miles, flat miles on the main surface are not generally carded at Keeneland because of the disadvantageously short run into the first turn that would hamper outside-drawn horses. In 2015, when the track hosted the Breeders’ Cup for the first time, the solution called for the Dirt Mile starting gate to be placed 70 yards ahead of the mile pole. This creates a relatively long 210-foot run-up before the timing starts, with the race finishing at the sixteenth pole.

No holiday thaw in Maryland Lasix Standoff

The prospect of 2-year-old racing in Maryland is still being held “hostage” by The Stronach Group (TSG), according to the Maryland Thoroughbred Horsemen’s Association (MTHA).

“Unless the Maryland Racing Commission (MRC) directs otherwise, there will be no 2-year-old races in Maryland in 2020 in light of the refusal of TSG, owner of the Maryland Jockey Club, to card 2-year-old races [at Laurel Park and Pimlico Race Course] unless they are Lasix-free,” the MTHA stated in a page-one update in its just-released July newsletter.

After failing to gain permission from the MRC for Lasix-free juvenile races at a contentious July 25 commission meeting, the MTHA and TSG reportedly tried to come to a compromise just prior to the Independence Day weekend, according to the MTHA’s version of events.

“In an effort to defuse the crisis, get 2-year-old races carded, and help the industry continue to recover from the economic crisis caused by the COVID-19 outbreak, the MTHA Board of Directors on July 1 offered to TSG to permit 2-year-old races to be carded for the next 90 days, with 50% of such races to be run under the current rules and 50% of the races to be run Lasix-free, and commence discussions with TSG and the new MRC Safety and Wel-fare Committee on future Lasix policy,” the MTHA stated.

“The offer was promptly rejected by TSG, but TSG offered that it would be willing to card some non-Lasix Maryland-bred 2-year-old races with bonuses paid by TSG. The MTHA unanimously rejected this offer,” the MTHA newsletter stated.

“Trainers have been conditioning 2-year-olds for months waiting for a race. Owners and breeders are taking a major financial hit, particularly with Maryland-bred 2-year-olds that must race in state to qualify for the lucrative owner and breeder bonuses that are depended upon to sustain their operations. On July 1, a $40,000 MSW event at Delaware Park was split into two divisions, each with seven horses–almost all Maryland-based,” the MTHA stated.

Sharking the Odds

It turns out that horse racing hasn’t been the only animal-based competition trying to attract gambling dollars from bettors who would normally be wagering on team sports during the coronavirus lockdown.

The New York Times reported last week that MyBookie, an online sports bookmaker, began taking action on the summer migration patterns of nine great white sharks.

“The company’s website displayed odds on various aspects of each shark’s travel itinerary, using data mined from Ocearch, a nonprofit that’s been tracking the animals’ movements for years,” Katherine J. Wu reported. “An interactive map on Ocearch’s website monitors shark migration in near-real time, providing gamblers ample fodder for wagers–akin, perhaps, to a virtual horse race, conducted entirely at sea.”

The founder of Ocearch said in the article that the bookmaker began offering the bets without explicit permission to use the shark tracking data.

According to the article, “staff members at Ocearch asked MyBookie to suspend the site [June 17], just hours after it had gone live. The two organizations are now negotiating, and it’s unclear whether the (now defunct) shark betting endeavor will resume.”

Although some people came out against the idea of sharks being paired with a betting endeavor, the article pointed out that some conservationists actually approve of the pairing, particularly if the betting can foster interest as “a new way for the public to engage with sharks.” One idea proposed by a marine biologist called for the bookmaker to offer a cut of the action in the form of donations to shark researchers, “who work in a field that is often in need of more financial support.”

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New Maryland Whip Policy Starts Six-Strike Count at Quarter Pole

Effective Aug. 1, from the quarter pole to the finish wire, Maryland jockeys will be limited to six whip strikes–either overhanded or underhanded–with no more than two of those blows in succession without giving the horse a chance to respond. Prior to the quarter pole, jockeys will be allowed an unlimited number of strikes, provided they are delivered in an underhand manner, which is considered less harmful to horses.

The Maryland Racing Commission (MRC) unanimously voted to approve the policy modification during its Thursday teleconference meeting. It’s based on a regional idea proposed in May by the Thoroughbred Horsemen’s Association to create uniformity in whip rules among the mid-Atlantic tracks, although each state’s racing commission still must choose whether to adopt the recommendations either in part or in whole.

MRC executive director J. Michael Hopkins explained that for right now, the voting-in of the new policy is to be a guide for Maryland stewards, similar to the way the current discretionary policy that got implemented in January at Laurel Park (10 strikes total, no more than three in succession) is being used.

For the new policy to be backed by an official MRC rule, Hopkins said, the commission must next craft a proposed schedule of penalties that will have to be voted upon at a future meeting.

“The intention is not to limit the use of the whip, but bring it more under control,” Hopkins said.

Hopkins added that Pennsylvania, Delaware, Virginia, and West Virginia are the other regional jurisdictions where the new policy is expected to be acted upon and possibly implemented.

In crafting the mid-Atlantic policy, Hopkins said industry stakeholders took into consideration that jockeys have different safety and horse-encouragement needs depending on the size of each racetrack. What is appropriate on ovals less than a mile in circumference–like at Charles Town or Timonium–might not be right for the wide, sweeping turf course at Colonial Downs.

After the vote, during the public commentary session, Steve Koch, senior vice president of racing for The Stronach Group, which owns Laurel Park and Pimlico Race Course, said his company does not support this particular initiative because it looks “quite different” from what has been proposed in a number of other jurisdictions, and thus does not promote the desired goal of nationwide uniformity.

Mindy Coleman, an attorney representing The Jockeys’ Guild, also voiced objections after the vote was taken. She said the policy was “too restrictive and limits the jockey’s ability to communicate with the horse and encourage [it] to achieve its maximum placing.”

Coleman added that, “We’re willing to agree to the proposal if the rider was allowed to use the riding crop [without limitation] in the underhanded fashion to the eighth pole, and restricting the use of the riding crop six times in the overhand fashion throughout the race.”

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MD Commission Pushes Back on Lasix-Free 2YOs, The Stronach Group Vows to Write No Juvenile Races

After the Maryland Racing Commission (MRC) on Thursday refused to vote or otherwise rule on a late agenda request to allow The Stronach Group (TSG) to card Lasix-free races for 2-year-olds, an attorney for the TSG-owned Maryland Jockey Club (MJC) told the commission that the MJC-owned Laurel Park wouldn’t be scheduling any juvenile races at all under the present rules that allow the use of the controversial anti-bleeding medication.

“We currently [don’t] have, and I don’t believe we will have, any intent of carding a 2-year-old race under the condition of the administration of Lasix,” said Alan Rifkin, the MJC’s lawyer. “Our position on Lasix isn’t going to change.”

With over 100 juveniles currently in training at Laurel and no races for 2-year-olds yet run or on the horizon in the state, Rifkin’s avowal prompted commissioner Thomas Bowman to predict a short-term “devastating effect on Maryland racing, because the horses are going to have to go out of state to run.”

Alan Foreman, the chairman/chief executive officer of the Thoroughbred Horsemen’s Association (THA), whose members include Maryland owners and trainers, said TSG did not approach horsemen or breeders in advance of bringing the matter up before the commission June 25.

“We suspected something was up weeks ago because they weren’t carding 2-year-old races,” Foreman said, adding that the THA reached out to TSG officials for an explanation. “We couldn’t get an answer. We waited weeks to get an answer. We kept getting bounced around.”

Foreman continued: “So here we have, in the middle of the COVID pandemic, the horsemen with their backs up against the wall economically. We’ve got an industry we’re trying to rebuild. We’ve got barns full of 2-year-olds, and they come in this past week and tell the commission, ‘Oh, by the way, we’re not writing 2-year-old races with Lasix. Either you do it our way, or we’re not going to write those races.’ And we have to tell our horsemen now to take their horses out of state.”

Michael Algeo, the MRC chairperson, likened the way the MJC broached the no-Lasix topic as akin to trying to change the rules in the middle of a football game.

“And if you don’t agree with the change of the rules, we’re going to take our ball and go home,” Algeo added.

Algeo made it clear at the outset of the discussion of the agenda item that the June 18 request in the form of a letter from TSG technically came in too late to be considered for the monthly meeting, but he wanted to end up including it because the medication issue was of such importance.

Algeo said the letter, signed by Craig Fravel, TSG’s chief executive of racing operations, stated, “we intend to begin scheduling races for 2-year-olds [without Lasix] and hereby inform the commission that your action is required.”

Algeo said he was “somewhat taken aback” at receiving what appeared to be more of a written directive, rather than a request, from TSG. He noted the letter was accompanied by a press release about the 2-year-old Lasix ban that seemed to suggest the commission’s compliance was a foregone conclusion. Algeo said TSG then submitted a lengthy legal memorandum only 48 hours before the June 25 teleconference, meaning it came in too close to the meeting for commissioners to read and understand in a timely manner.

“That, sir, put us in a very difficult position,” Algeo told Rifkin. He then added in a curt tone that underscored his annoyance, “And it’s a position that I don’t like to be put in.”

Nonetheless, Rifkin was allowed nearly 18 minutes of uninterrupted testimony to state TSG/MJC’s case on not allowing 2-year-olds to race on Lasix.

“We are not asking the commission for a ban on race-day Lasix. We agree with you Mr. Chairman, that is a question for another day,” Rifkin said. “All MJC intends to do here is present the opportunity to owners or trainers who voluntarily wish to race their 2-year-olds drug-free of Lasix…without the competitive disadvantage of other horses using Lasix.”

Rifkin said no new regulation or law would be needed to approve the Lasix-free races for juveniles. He explained that’s because the current Lasix regulations hinge on the word “permissible” and not “mandatory” when describing how the drug is to be used.

“That regulation speaks to what owners and trainers may do. Not what the [MJC] must do,” Rifkin said. “That is, there is nothing in that regulation that requires MJC to run any races for horses using Lasix.”

Rifkin then pointed out that another section of the state’s regulations limit Lasix doses on race day to “not more than 100” nanograms.

“Quite obviously, carding a race with zero nanograms of Lasix as a voluntary condition of entrance is less than the maximum permitted 100 nanograms,” Rifkin said. “That’s entirely consistent with that regulation.”

As for the request coming in only a week before the meeting (and after an edition of the MRC agenda had already been publicly noticed), Rifkin said, “I know there is some concern that this has come upon you fast. But it really hasn’t in some respects. The debate over Lasix has been here for awhile.

“We submit that MJC has a legitimate business reason and absolute right to conduct drug-free races,” Rifkin continued. “There is no law, regulation, or condition that prohibits that action, [and that the 2-year-old Lasix ban] is in the best public interest of equine safety and the public’s general interest.

“While it may be permissible–in other words voluntary–for an owner or trainer to administer Lasix, it does not mean the track licensee is obligated to be an accomplice and run races for the benefit of those horses who have been administered the drug.

“The action we are taking here is modest,” Rifkin summed up. “The action we are taking here is a first step.”

Algeo replied that, “I understand what your argument is. I understand your interpretation. With all due respect, I just simply disagree with it.”

Algeo said that according to his interpretation, there is no statutory, case law, or regulatory authority that allows the commission to tell the MJC it can run certain races without Lasix.

“I happen to believe that…the best interests of Maryland racing would be to actually continue racing 2-year-olds with Lasix,” Algeo said.

After Algeo made his points, Rifkin asked for clarification: “Are you telling us we must run races for 2-year-olds with Lasix?”

“No sir,” was Algeo’s reply.

On the heels of that exchange was when Rifkin, in answer to another commissioner’s suggestion that Laurel try carding both Lasix-allowed and Lasix-free juvenile races to see what happens, stated his above-quoted desire by the MJC not to write any 2-year-old races at all under the current circumstances.

Algeo closed the discussion by saying that the commission’s official action on the item for Thursday would be to refer the no-Lasix proposal to the MRC’s newly formed safety and welfare committee, with the request that the issue be expedited so it can be taken up at a future meeting before the full commission.

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