Campbell: Give New Jersey Riding Crop Reform A Chance

When it comes to the New Jersey Racing Commission (NJRC) and their restrictive riding crop rules at Monmouth Park, horse people, jockeys, owners, bettors, turf writers, and anyone remotely interested in the future of this great sport needs to be supportive of what they are doing. Furthermore, let's give executive director Judith Nason, the benefit of the doubt that she and the commissioners on the regulatory agency are dutifully representing the varied interests of everyone involved. In other words, allow them at least a chance to succeed or fail.

Last week, in the wake of a pair of jockey suspensions at Monmouth for use of the riding crop during two different races, Paulick Report publisher Ray Paulick stated in a tweet that the ruling against Carlos Montalvo suggests that there are no exceptions to the “safety only” crop rule. He went on to say that jockeys in the state may as well “leave their whips at home.” Though he is a longtime advocate for whip reform, I respectfully disagree with Paulick's assertion because it implies that the NJRC has no flexibility when it comes to interpreting their own rules. They do. This is, in the opinion of this turf writer, too critical. Here's why.

Almost immediately, most who have viewed Race 1 on July 11 sought to offer their own perspective concerning Montalvo's mount, M I Six. The story expanded quickly, as it was entered into the jockey's testimony in front of the NJRC board of stewards. According to eyewitnesses, the longshot gelding was “uncontrollable” and about “to bolt,” even on his way to the starting gate. The jockey can be seen whipping M I Six down the backstretch, in what he viewed as necessary to defusing danger. The stewards begged to differ, deciding that Montalvo had violated the whip rule. His fate was a five-day suspension that begins in late August, plus a $500 fine. His attorney said they are planning an appeal.

Whatever you think was proper and just about that decision or not, herein lies the issue when it comes to opinions like these: let's leave the adjudicating to the professionals. In this case, it's the NJRC, tasked by the attorney general's office. to oversee the sport, that made the progressive decision to institute the most radical and wide-spread change in American racing history. They didn't do it on a whim, and their outline for its implementation can be found clearly on its website (https://www.nj.gov/oag/racing/rulemaking/Riding_Crop%20Proposal.pdf). Executive director Nason is a seasoned veteran, and an attorney, who cut her teeth in the legal avenues of New Jersey politics. She is in charge of a monumental task that is at hand. Some latitude needs to be given.

Sure, more specifics would be beneficial, as no one would dare say, “No thank you” to that. But the business that stewards and rule-makers engage in implies a certain closed-door mentality. Despite the public office, this is especially true when you are hammering out a revolutionary set of policies that are quite possibly going to be wildly unpopular. In N.J.A.C. 13:70-11.12(a), the commission is clearly attempting to be thoughtful when it comes to changing the culture of riding crop use, stating that “jockeys and exercise riders will need to encourage horses by means that do not involve actual or perceived harm to the horse.” That word “perceived” is absolutely key. Use of the riding crop to encourage a horse to run faster, according to them, “is no longer in the best interests of the sport.” This isn't just about “safety only,” it's also about change. And change is hard.

Speaking of tough moments, Monmouth Park and the NJRC were given a true test of its rules on what is without question its greatest moment — Haskell Day. Everyone held their collective breath when Paco Lopez went down after his mount, Midnight Bourbon, stumbled badly after clipping heels with Hot Rod Charlie in mid-stretch. Conjecture, spun and spun, with many asking: Would the whip have helped?  We will never know because jockey Flavien Prat aboard Hot Rod Charlie did not choose to apply it, and to make some sort of judgment either way is pure speculation. It is in the hands of the NJRC, as they plan to hold a hearing, which is part of their process.

Again, let's allow that to play out, too. Though no jockey or horse was seriously hurt, praise be, it is just another example of how dangerous this sport truly can be. Whip or no whip, accidents happen on a racetrack. But there is much more to the story than just that. It is insanely more complex.

Recall, there is no precedent for this rollout: no guidebook, no primer. The NJRC, led by Nason, is attempting to do something important – bring Thoroughbred racing into a new era. That is no small task on a case-by-case basis, and the NJRC certainly has a network of interests to please. Don't forget that, either.

During the NJRC's July meeting last week, Dennis Drazin, the chairman and CEO of Darby Development, which operates Monmouth Park, asked Nason for clarification concerning what constituted a “dangerous situation.” That's not a poor ask, but this is a question of empowerment. The NJRC holds it, make no mistake, and letting the unfolding of explanations, appeals, and changes over time play out is a necessary part of this evolution.

This isn't a “safety only” crop rule; rather, it is meant to revolutionize a sport that, by the way, has an image problem when it comes to the public's imagination. As for Flavien Prat, his fate lies in the hands of the stewards, as it should. These are the trials that are necessary when we are talking about something that is overdue, like crop reform. Safety is not all that is at stake, as perception is also present. That is why the whips cannot be left at home, and the reason why all of us need to back NJRC. Give them some room, then we can be more critical.

J.N. Campbell is a turf writer with Gaming USA. His work can be found at www.horseracing.net/us.

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Monmouth Park Stewards Suspend Two Jockeys For Using Riding Crop During Race

Two jockeys received five-day suspensions and $500 fines for violating the New Jersey Racing Commission's riding crop rule stating the crop can only be used “when necessary to control the horse to avoid injury to the horse or rider.”

The two cases are as different as night and day.

Jockey Carlos Eduardo Lopez, who recently came to the United States from Uruguay, was sanctioned for his ride aboard Venezuelan Talent in the seventh race at Monmouth Park on July 11. Kevin Witte, agent for Lopez, said the rider admitted that he “got caught up in the moment” and used the crop to encourage his mount when he was fighting for the lead in the stretch. Venezuelan Affair was overtaken in deep stretch by Emirates Affair, finishing second by a length.

“He only speaks Spanish, but he was told before the race he could not use the whip but that he had the choice to take it with him for protection,” Witte said. “He apologized and will accept the suspension.”

Lopez will be suspended from July 24-July 28, inclusive.

Carlos Montalvo plans to appeal the suspension and fine he received for his ride aboard M I Six, winner of the first race at Monmouth Park on July 11. Montalvo claimed in a hearing with Monmouth Park stewards that he used the whip to prevent M I Six from bolting on the turn – something the gelding's exercise rider said happened during morning training. According to the Equibase chart, Montalvo struck M I Six three times with the crop as the gelding was drifting out on the turn.

The New Jersey Racing Commission prohibits its stewards from talking to the media, referring all inquiries to the office of the New Jersey attorney general, which oversees the commission. The commission has obfuscated when asked to explain what types of situations would warrant acceptable use of the riding crop for safety.

The sanctions against Montalvo suggest the stewards are saying either a horse drifting out and with a history of bolting does not merit use of the riding crop, or they believe Montalvo and those who testified on his behalf at the hearing – including the exercise rider – are being dishonest.

M I Six was entered in a race earlier this week at Parx but was listed as a vet scratch.

Attorney Drew Mollica, who represented Montalvo at the stewards' hearing, will handle his appeal. His suspension is scheduled to run from Aug. 24-Aug 28, inclusive.

Stewards have scheduled a hearing next week with Flavien Prat to consider sanctions for his ride aboard Hot Rod Charlie in the Grade 1 tvg.com Haskell Stakes on July 17. Hot Rod Charlie finished first but was disqualified and placed last after drifting in without clearance after passing Midnight Bourbon in mid-stretch. Midnight Bourbon clipped the heels of Hot Rod Charlie and stumbled badly, unseating Paco Lopez. Neither horse nor rider was seriously injured.

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Awaiting Monmouth Park Stewards’ Decision, Jockey Montalvo Claims Crop Use Was For Safety Purposes

Jockey Carlos Montalvo is awaiting word from stewards at Monmouth Park in Oceanport, N.J., on whether he will be sanctioned for using his riding crop in a July 11 race en route to a three-length victory aboard M I Six in a maiden claiming event.

The New Jersey Racing Commission adopted strict rules that went into effect this year stating that the riding crop “shall only be used when necessary to control the horse to avoid injury to the horse or rider.” The crop is not allowed for encouragement.

Montalvo used the crop at least three times with his right hand on July 11, according to the Equibase chart footnotes, which read: “M I Six dueled two wide for the lead, drifted out entering the turn, had the rider go to a right-handed whip three times, then dueled with Military Drill in upper stretch, put a head in front and drew clear in the final sixteenth, ridden out.”

Montalvo told the Paulick Report he sensed M I Six was preparing to bolt to the outside fence, something he was told to expect by the gelding's exercise rider. Montalvo said he used the crop as a preventive device to protect himself, his fellow riders and the other horses in the race.

The jockey said he was called in to a July 16 hearing before having the benefit of a film review of the race with stewards. He was represented at the hearing by attorney Drew Mollica, who said Montalvo “should be congratulated for his actions, not sanctioned.” Montalvo faces a five-day suspension, $500 fine and M I Six could be disqualified from purse money.

This is the first known case in New Jersey where stewards have to determine whether the use of the riding crop was a legitimate safety issue.

Mollica said M I Six, a 4-year-old Mission Impazible gelding owned and trained by Riquelvis Grullon, was fractious throughout the saddling process and in the walking ring before the July 11 race. The aforementioned exercise rider testified at the hearing, Mollica added.

M I Six was subsequently entered in a July 21 race at Parx Racing in Pennsylvania but was a vet scratch.

The racing commission's presiding steward, Steven Pagano, declined to answer questions about the new regulation, referring all media inquiries to the office of the New Jersey attorney general. A spokesman from that office stated that “the new rule does not specify what kind of safety concerns would result in approved use of the riding crop by a jockey. The NJRC's presiding steward has been conducting meetings with the jockeys and exercise riders to explain the new riding crop rule and answer questions.”

Meanwhile, no hearing date has been set for Flavien Prat, the rider of Hot Rod Charlie, who was disqualified from a victory in the Grade 1, $1-million tvg.com Haskell Stakes on July 17. Hot Rod Charlie drifted in after moving to the lead in mid-stretch, causing Midnight Bourbon to clip heels and unseating jockey Paco Lopez. Mandaloun, beaten a nose by Hot Rod Charlie, was declared the winner.

Prat has been quoted as saying he felt as though he could have prevented Hot Rod Charlie from drifting in if he was permitted to use the riding crop.

 

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