Del Giudice Retires from NYRA Board; Holliday Named Interim Chair

Michael Del Giudice, the New York Racing Association (NYRA)'s Chairman of the Board of Directors, has retired from his post, NYRA announced Wednesday. The board's executive committee has appointed Marc Holiday to serve as interim chair until a full meeting of the NYRA board set for Dec. 16.

Del Giudice joined the NYRA board in 2003 and has served as its Chairman since 2017. He was also Chairman of the NYRA Reorganization Board of Directors from 2015 to 2017.

According to a release from NYRA, “During [Del Giudice's] tenure, NYRA returned to sound financial footing and improved the quality, safety, and integrity of its racing operations. Under the leadership of Mr. Del Giudice, NYRA completed a series of significant capital improvement projects to improve the fan experience and modernize racing, training and backstretch facilities at Aqueduct Racetrack, Belmont Park and Saratoga Race Course.”

Holliday, a prominent owner/breeder and founder of Blue Devil Racing Stable, joined the NYRA Board in 2014. He has chaired the Equine Safety Committee since 2015. Holliday is also Chairman and CEO of SL Green Realty Corp, New York City's largest owner of office properties.

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Proposed Bill Would Gut Flow of Slot Money to NY Racing

Backed by a number of animal rights groups, two New York state lawmakers have introduced a bill that would end payments made to the state's racing and breeding industries from slot machine or video lottery terminal (VLT) revenue.

According to a press release issued Wednesday by the animal rights group NYCLASS, the bill would cancel out the $230-million payment made annually to horse racing and breeding and will redirect the money to “help New York's taxpayers, schools, workers and other social programs.”

NYCLASS has led the effort to ban carriage horses in New York City.

The legislation is sponsored by Linda Rosenthal in the Assembly and Zellnor Myrie in the Senate. Both are Democrats representing New York City. According to NYCLASS, it has the backing of, among others, PETA, Horseracing Wrongs, the New York State Humane Association and the Worker Justice Center of New York. NYCLASS calls the bill something that “counters decades of irresponsible waste” and will “end corporate welfare for horse racing–including millionaires and billionaires.”

“It's time we put an end to multimillion dollar taxpayer-funded subsidies that prop up a dying industry,” the press release quoted Rosenthal as saying. “The industry pockets the money to enhance purses and often abuses and neglects the horses in its care, while workers toil at low-wage jobs. We must stop subsidizing this cruel business and instead reinvest the funds where they're needed most – in public education, our human services sector, community redevelopment and wage theft prevention. My legislation is a statement of New York's evolving values, and I look forward to working with State Senator Myrie and the diverse and growing coalition of advocates to see it become law.”

The consensus among industry stakeholders Wednesday was that the bill had little chance of becoming law, but many were alarmed, nonetheless.

“This would have a disastrous effect, especially on the incentives and the momentum that the New Yor- bred program and our racing and purses have had overall,” said Najja Thompson, the executive director of the New York Thoroughbred Breeders.

About $60 million, or 37.5% of all purse money paid out at the NYRA tracks, comes from VLT revenue. The percentage is much higher at Finger Lakes and at the state's many harness tracks.

The New York Racing Association was quick to denounce the effort Wednesday while labeling advocates of the bill as extremists.

“NYRA will vigorously oppose this legislation in order to protect jobs for working families, preserve the horse racing economy and ensure the sport's success now and in the future,” NYRA spokesman Pat McKenna said in a statement. “Racing support payments are not subsidies. The payments from VLT revenues are made to the thoroughbred industry in part because NYRA transferred land and other intellectual property to the state in 2008, and has acted as the steward of the properties in the years since. The VLT payments are compensation for that transaction rather than subsidies. These payments further the sport's ability to serve as an economic engine–particularly in support of the tourism and hospitality industries, which have suffered significantly due to the COVID crisis.

“NYRA looks forward to the opportunity to engage New Yorkers and lawmakers in a real conversation about the massive industry connected to horse racing throughout the state. This is precisely why NYRA joined We Are NY Racing, the diverse coalition launched in September in support of horse racing.

“Organizations like NYCLASS, PETA and Horseracing Wrongs have long been philosophically opposed to horse racing and make no secret of their desire to end the sport,” he said. “This extreme agenda would deprive working families of jobs and opportunity and would negatively impact union and hourly workers at the worst possible time. Rather than a rational public policy disagreement, these groups are only interested in how best to damage horse racing to further their own political agenda. These groups are completely out of touch with the concerns of working families here in New York, and they cannot be trusted.”

Thompson, whose group is part of the We are NY Racing Coalition, said its incumbent on everyone in the industry to educate lawmakers about the positive economic impact of the sport.

“We have to make sure we educate lawmakers and the public and let them know that these are not subsidies,” he said. “They are payments made for agreements regarding intellectual property and the transfer of land. We need to continue to stress the economic impact that horse racing provides, the jobs, the land preservation, especially from breeding farms. That is the best way to counteract these fringe groups and legislation such as this that wants to do irreparable harm to our industry.”

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Average Daily Handle At Belmont Fall Meet Over $10 Million; All Sources Up 19.7 Percent

The New York Racing Association, Inc. (NYRA) announced Wednesday that the recently concluded 31-day Belmont Park fall meet generated $10,346,669 in average daily handle from all sources and $320,746,749 in total handle from all sources.

Average daily handle at the Belmont fall meet has grown considerably since 2019, when the 37-day fall meet generated $7,430,533 in average daily handle from all sources. The 2020 Belmont fall meet, which was contested over 27 live race days, generated $9,923,813 in average daily handle from all sources, a 33.6 percent increase over 2019.

With this year's 4.3 percent increase over 2020, average daily handle for the Belmont Park fall meet has risen 39 percent since 2019.

The total all sources handle of $320,746,749 represents a 19.7 percent increase over the 2020 Belmont Park fall meet, which saw total all sources handle of $267,942,961.

Originally scheduled for 28 days of live racing, NYRA extended the 2021 Belmont fall meet to include three additional dates from Friday, November 5 through Sunday, November 7. As a result, the fall meet was contested over 31 days.

With the return of fans and the easing of COVID-19 protocols, on-track handle was $30,463,824, a 54 percent increase over 2020, when only a limited number of owners were permitted in attendance. On-track handle in 2019, which was contested over 37 days, was $32,523,57.

A total of 143 races were run on the turf in 2021 with 16 forced off the turf due to weather. The 2020 Belmont fall meet saw 118 races on the turf with 24 races forced off the turf.

Average field size for the 299 total races run during the fall meet was 8.03, a 1.9 percent increase over 2020.

Highlighted by the Grade 1, $750,000 Cigar Mile Handicap on December 4, the 15-day Aqueduct fall meet begins on Thursday and continues through Sunday, December 5.

New York City has established strict vaccine requirements for nearly all indoor settings. Accordingly, and in compliance with New York City law, anyone seeking to enter Aqueduct Racetrack must show proof of vaccination in order to gain admittance.

Admission to Aqueduct, which will be open to the public on live race days only, is free of charge. The gates will open daily at 11 a.m.

Fans visiting Aqueduct should use the Clubhouse Entrance to provide the required proof of vaccination. Preferred parking will be $10 daily in the Clubhouse Lot and general parking will be in the Conduit Lot. All parking fees must be paid via credit card.

America's Day at the Races will present daily coverage and analysis of the fall meet at Aqueduct Racetrack on the networks of FOX Sports. For the complete broadcast schedule, visit NYRA.com/ADATR.

For additional information, visit NYRA.com.

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Judge Will Allow Baffert to Amend Complaint vs. NYRA

In an attempt to rein in an already cumbersome litigation process in the Bob Baffert vs. New York Racing Association (NYRA) lawsuit, the federal judge in charge of the case ordered Tuesday that the Hall of Fame trainer will be allowed to amend his initial June 14 civil complaint that alleged NYRA violated his constitutional right to due process by trying to bar him over his history of equine medication violations.

Baffert's desire to amend his complaint stems from NYRA summoning him to a hearing back in September to adjudicate new “detrimental conduct” charges that NYRA levied against him.

Judge Carol Bagley Amon of United States District Court (Eastern District of New York) told both parties in a telephonic court conference Nov. 9 that if she didn't allow Baffert to amend his complaint, it is likely that he would simply file a new, separate lawsuit to get his allegations about the exclusion hearing ruled upon in court.

“I'm taking a practical approach to this, which is I think it makes sense to have the plaintiff file an amended complaint, adding whatever new allegations that plaintiff intends to make,” Amon said. “And then to have NYRA move against the amended complaint. I think that's the most expeditious way to handle it and will require the least amount of–or the least duplication of–effort.

“I understand that NYRA would want to argue that [Baffert] shouldn't file the complaint because filing it would be futile [in NYRA's opinion],” Amon continued. “But quite frankly, plaintiff could bring this as a new complaint if he were so inclined and raise the charges that way.”

The initial lawsuit was triggered by NYRA's banishment of the seven-time GI Kentucky Derby-winning trainer back on May 17, which came 16 days after the Baffert-trained Medina Spirit (Protonico) tested positive for a betamethasone overage while winning the Derby.

That case has still not resulted in any Kentucky ruling against Baffert. But in the 12 months prior to Medina Spirit's positive, four other Baffert trainees also tested positive for medication overages, two of them in Grade I stakes.

On July 14, the court granted Baffert a preliminary injunction that allowed him to race at New York's premier tracks until the lawsuit was adjudicated in full.

But Amon also wrote in that ruling four months ago that “Baffert should have been given notice of all of the reasons that NYRA intended to suspend him….[The] benefits of providing notice and a pre-suspension hearing would likely have been substantial.”

In the wake of that court decision, NYRA drafted a new set of procedures for holding hearings and issuing determinations designed to suspend licensees who engage in injurious conduct.

After those rules were made public, NYRA, on Sept. 10, wrote a letter summoning Baffert to appear at a videoconference hearing. That hearing date was pushed back, but his legal team has subsequently participated in a scheduling conference that set the date for the hearing to commence Jan. 24, 2022.

W. Craig Robertson, the lead attorney on Baffert's legal team, wrote in an Oct. 21 letter to the judge that, “The rules and procedures which NYRA has concocted for Baffert were all created after the fact. None of the 'rules' which NYRA now seeks to enforce were in place at the time that Baffert engaged in the conduct which NYRA contends is improper.”

Attorney Henry Greenberg, representing NYRA, fired back four days later with a response letter to the judge that stated, “NYRA will oppose such motion as futile for multiple reasons, including because Plaintiff's proposed amendments are not ripe given his failure to exhaust administrative remedies…and the meritless nature of the proposed amendments.”

Greenberg continued: “Plaintiff's speculation that NYRA created its Hearing Rules and Procedures to target him is misguided given that NYRA is following these same rules and procedures in prosecuting charges brought against another individual [Marcus Vitali] NYRA seeks to exclude from its racetracks…. Plaintiff's argument that he had no notice of the conduct prohibited by NYRA likewise fails given that common law has long recognized the standards and interests NYRA intends to uphold.”

Baffert must file his amended complaint by Nov. 19. NYRA has to file its motion to dismiss it by Dec. 3. The court will hear arguments from both sides Jan. 6, which will be only 18 days before the start date for the NYRA exclusion hearing that Baffert doesn't want to happen.

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