Jockeys’ Guild Takes Legal Action Against New Jersey Commission’s Whip Regulations

In light of the New Jersey Racing Commission's decision and applicable new regulation to eliminate the use of the riding crop but for safety purposes in Thoroughbred racing, the Jockeys' Guild has retained the services of Rivkin Radler LLP in Hackensack, New Jersey to take legal action. A notice of appeal of the Commission's new regulation was filed on November 5, 2020 in the Superior Court of New Jersey, Appellate Division.

As the organization representing jockeys throughout the United States, the safety of both our equine and human athletes are paramount and of the upmost importance. The Jockeys' Guild and its members are adamantly opposed to any animal abuse, and any person who does so should be fully punished for such occurrences. However, the jockeys must be afforded the discretion to use the riding crop in a responsible manner to safely control the horse and do what is in the best interest of the integrity of the sport.

A Steward will determine when a jockey has violated the new rule and the extent of the fine or sanction, which Jockeys' Guild believes is unfair and subject to enhanced – not reduced — safety concerns.

“We strongly believe the rule adopted by the New Jersey Racing Commission will have serious consequences and could result in even greater risks and dangers for both the horses and jockeys,” said Guild Co-Chairman, John Velazquez. “There are many instances when we need to be able to use the riding crop to prevent a dangerous situation from occurring that is not able to be seen or known by those who are not on the horse's back. While purported to focus on the welfare of the horse, by not considering these instances, the new rule actually disregards the safety of the jockey and the horse.”

The Guild is extremely disappointed by the actions taken by the New Jersey Racing Commission. The Guild believes its comments and concerns were not considered and that the New Jersey Racing Commission insisted on rushing to adopt a rule that the Guild strongly believes is not only unsafe for the horse and jockey, but also a dangerous precedent and inconsistent with any other jurisdiction in the United States.

“We believe the Commission failed to have any meaningful dialogue or recognize any input from us as the jockeys who are risking our lives,” said Guild board member and long-time New Jersey jockey, Joe Bravo. “We feel that the Commission completely ignored our pleas for compromise, which is disrespectful and disheartening.”

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2020 Monmouth Meet Ends on a High

Monmouth Park showed increases in both the daily transmission of its signal and in total average handle compared to 2019 during the combined 44-day meet that concluded Saturday. Monmouth Park’s average daily simulcast handle increased 27.09% to $3,604,413 daily compared to $2,836,148 last year. The overall average handle was up 20.81% to $3,807,082 daily compared to $3,151,201 last year.

“We are so grateful to everyone for supporting this extraordinary meet and, more specifically, the Governor’s Office and the New Jersey Racing Commission for allowing us the ability not only to race, but to do so with fans,” said Dennis Drazin, Chairman and CEO of Darby Development LLC, operators of the racetrack. “And once we were green lit for racing, the entire Monmouth Park staff worked tirelessly to ensure not just great racing, but a safe environment for everyone. We couldn’t be more proud to report zero cases of COVID-19 over the course of our entire meet, and the credit goes to the horsemen and fans who not only followed the necessary guidelines, but collectively cooperated to ensure each person’s safety.

Drazin continued, “[Track Medical Director] Dr. Angelo Chinnici and his entire team deserve special recognition for their efforts and, literally, around the clock work. Our success this season is rooted in their dedication and Monmouth Park is better off because of Angelo.”

The Monmouth Park meet that ran from July 3 to Sept. 27 consisted of 36 racing days after one live card was lost due to weather. The Meadowlands-at-Monmouth in the month of October provided an additional eight days of racing after one was canceled to weather as well. Last year’s racing season was 68 days.

The track operated with attendance restrictions throughout the 2020 season under COVID-19 guidelines. Opening day was delayed from its original starting date of May 2 to July 3 due to the coronavirus, with racing calendar reduced from 56 days to 37 as a result.

During the abbreviated Meadowlands-at-Monmouth Park meet jockey Jose Ferrer was the leading rider with 11 winners over the eight live racing cards. Wayne Potts topped the trainer standings with seven winners.

Trainer Kelly Breen, who captured his third Monmouth Park training title during the summer meet, ended the New Jersey racing season with a flourish by winning three races on Saturday’s 11-race card, including two of the three Jersey-bred stake races.

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Monmouth Jockeys Upset Over New Whip Rules

Several of the regulars who ride at Monmouth Park say they were never consulted by the New Jersey Racing Commission (NJRC) before banning the use of the whip starting in 2021 and, if they were, they would have told regulators they were out of touch and creating an untenable situation.

“This is a really, really, really bad decision,” said Antonio Gallardo, who is fourth in the current standings. “You can’t just take the whip right away like that. If they wanted to put in a rule like they have in Europe, where you can’t whip the horse more than something like eight times, I’d have been fine with that. But what they did is just take the whip away. It’s ridiculous.”

Beginning with the opening day of next year’s Monmouth meet, New Jersey will become the first state to outright ban the use of the whip. The only exception is when a rider feels it is needed for safety purposes. The measure was approved by a 4-0 vote at Sept. 16 meeting of the NJRC.

“The prohibition of the use of riding crops, except when necessary for the safety of horse or rider, will be perceived in a positive light by the general public,” read a statement from the NJRC. “The proposed repeal and new rules are of the utmost importance in adapting the industry to avoid the currently negative public perception of whipping a horse.”

Among the eight Monmouth riders interviewed by the TDN, only newcomer Ferrin Peterson supported the whip ban.

“I have no problem with the new rule,” she said. “I think it will reward good horsemanship, and riders may have to rely upon different skills, but at the end of the day, horses love to run no matter how we encourage them to do so.”

The others were against the change and brought up a number of issues, including safety concerns, uncompetitive racing and that commissioners who have little knowledge of racing and horsemanship are behind the changes.

Joe Bravo, who has won 13 riding titles at Monmouth, said that the changes fail to take into account several factors and the whip ban will “change horse racing as we know it.” Among Bravo’s concerns is his belief that the elimination of the whip will fundamentally change the way races are run.

“I am shocked by this,” he said. “This rule takes away all the competition that makes up a horse race. The competitiveness of the race will be the biggest change. How do you get horses that are next to one another to go on and fight and have a race down the lane? There will be no competition. Horses are pack animals. They follow one another. How will you get them to pass one another? From a competitive standpoint, these races will be really dull.”

Gallardo agrees with Bravo’s point and says that there is going to be backlash when it comes to the bettors.

“Who’s going to want to bet on Monmouth Park? Nobody will bet on it,” he said. “One hundred percent, nobody will bet on Monmouth with no whips. If nobody bets there will be no money. No money, no racing. Game over.”

Paco Lopez, Monmouth’s leading rider and someone known for an aggressive style, said there are horses that will not give their best without encouragement. Take the whip away, he said, and there will be horses that will underperform.

“I’m not happy about (the new whip rule),” he said. “This will change the races a lot. There are some horses that really need the whip. People are paying a lot of money for these horses and when you can use the whip any horse can win.”

Lopez also mentioned safety factors, which has become a common refrain from riders throughout the country as more and more states look to either ban the whip or curb its use. The jockeys say the whip is a tool to keep them safe when a horse starts to otherwise become uncontrollable.

“This is going to make it more dangerous,” Jose Ferrer said. “You need the whip to correct the horse. These horses have their own minds. The whip is a weapon we have to be able to control the horse.”

Said jockey Jorge A. Vargas: “This will make it a lot more difficult when you are trying to keep a horse straight. You won’t have anything to make them do what you want them to do. They know that when they feel something, it means they are doing something wrong, that you are telling them they have to do it right. This will make it more dangerous. They will do stuff that you might not be able to see on a replay or watching the race live, but the jockey feels something and you have to correct them right away. It’s not like you can just talk to them and make them understand.”

So far as public perception goes, jockey Hector Diaz, Jr. said that people should understand that the jockeys are not abusing the horse when using the whip.

“I became a rider four years ago and they have changed the whip already three times, making it safer,” he said. “With the whips we are using right now, I don’t feel like we are hurting the horse. It makes more noise than anything else. It’s soft. Nobody should abuse the horse and nobody should hit them five, six times in a row. I can only talk about myself, but when you see me riding I never hit my horse more than two or three times in a row. I hit them once, twice and let them respond. I don’t think I abuse the horse.”

Ferrer also described himself as the type of rider who does not go overboard with the whip.

“I love my horses and I never want to abuse them,” he said. “It is something you need to pick them up or wake them up a little bit. We are not abusing these horses.”

Had the NJRC conferred with the jockeys, those are the stories they would have heard. While that may not have changed the minds of any of the commissioners, the jockeys feel their opinions should have been taken into account.

“You have people who don’t really know the industry calling the shots,” said veteran Chris DeCarlo. “They’ve never come down and asked for our opinion, which I think they should. They can’t just make these rules up without asking us.”

“They did something overnight without asking any of the riders or the horsemen,” Bravo said. “How can four people with very limited knowledge of horsemanship vote in this ruling? I’ve seen where (NJRC Executive Director) Judith Nason said she rides horses. With all due respect, that’s in a riding ring. They came in and, overnight, voted in something that’s going to change horse racing as we know it.”

But Bravo admitted that, at this point, there is little the riders can do other than come back next year and try their best to make the necessary adjustments.

“I don’t know what we can do,” he said. “As they say, there is no fighting City Hall.”

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New Jersey Commission Adopts Stricter Whip Rules: Prevents Use ‘Except For Reasons Of Safety’

On Wednesday, the New Jersey Racing Commission issued a strict new rule governing jockeys' use of the riding whip, according to the Daily Racing Form. Beginning in 2021, jockeys at Monmouth Park in Oceanport, NJ will not be allowed to use the whip “except for reasons of safety.”

The commission adopted the new rule unanimously, despite objections by The Jockeys' Guild. It is the strictest rule in the United States.

“The prohibition of the use of riding crops, except when necessary for the safety of horse or rider, will be perceived in a positive light by the general public,” said a statement from the NJRC. “The proposed repeal and new rules are of the utmost importance in adapting the industry to avoid the currently negative public perception of whipping a horse.”

Stewards will be in charge of determining whether jockeys used the whip to maintain control of the horse, and will be able to fine or suspend jockeys if they determine a jockey used the whip “to achieve a better placing.”

The rule continues: “If the riding crop is used, under the supervision of the stewards, there shall be a visual inspection of each horse following each race for evidence of excessive or brutal use of the riding crop.”

Specifications for the whip itself include that it must be “soft-padded [and] have a shaft and a soft tube,” that it does not exceed eight ounces in weight or 30 inches in length, and has a minimum shaft diameter of three-eighths of one inch. Additionally, “the shaft, beyond the grip, must be smooth, with no protrusions or raised surface, and covered by shock absorbing material that gives a compression factor of at least one millimeter throughout its circumference.”

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