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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View From The Eighth Pole: Of Rulings And Squeaky Clean Racing

We get questions all the time from readers about rumored drug positives or possible suspensions of trainers. It's seldom easy tracking down official rulings since there is no single, all-encompassing resource that provides timely, up-to-date information on such things.

In another era, Daily Racing Form was the go-to publication for stewards and commission rulings. The Form had a chart-calling crew at every racetrack in the country and forwarded copies of all official rulings to DRF offices. The rulings were published alongside entries and race results, sometimes almost as fillers, in editorial or statistical sections of the Form. If you wanted to find out who got caught smoking in the shedrow, parking illegally in the stable area or was fined or suspended for a post-race positive test, America's Turf Authority had 'em all.

Now it's not so easy.

The Jockey Club operates a website, ThoroughbredRulings.com, where you can search for regulatory rulings by trainer name, track or regulatory authority. But the information published there is not always complete or timely.

The Association of Racing Commissioners International keeps a regularly refreshed page of recent rulings – not just for Thoroughbred racing but also Quarter Horse and Standardbred – but it's also not entirely up to date or comprehensive and there is no search function to find rulings that may be more than a few weeks or months old. The ARCI does have a more comprehensive website for its members to access but it is not available to the general public (or media).

Individual racing commissions or government bureaus post rulings on their websites with varying degrees of efficiency and functionality. Some, like the New York State Gaming Commission or California Horse Racing Board web pages, are maintained regularly and have useful search functions. Others, like the Maryland or Indiana racing commissions, have outdated or incomplete information.

This is something that the Horseracing Integrity and Safety Authority can put on its “to do” list, though not sure where that project will rank by priority.

Squeaky Clean Racing In New York
In searching the New York State Gaming Commission website recently, I could only find one ruling for a medication violation in all of 2021 at New York Racing Association tracks – a phenylbutazone positive for Jeffrey Englehart-trained Runningwscissors after a third-place finish in a stakes at Aqueduct on Jan. 9. The ruling states that Runningwscissors was disqualified from any part of the purse money (though Equibase still credits the horse with a third-place finish and the purse money). Englehart served a 10-day suspension and was fined $1,000.

I could find zero positive tests in the New York State Gaming Commission rulings database in 2020 and zero positives in 2019 for NYRA tracks. Zero. That's one positive for the last three years at NYRA tracks.

By comparison, in 2019, the Kentucky Horse Racing Commission reported 37 medication related rulings. California had 99. Pennsylvania 80. Florida 55. West Virginia 57. Ohio 24.

Perhaps New York's testing laboratory at Morrisville State College, under the direction of Dr. George Maylin, is using different criteria for calling positive tests than laboratories testing for other racing states. Maybe the Morrisville lab isn't very good. Or maybe, just maybe, racing in New York is cleaner than anywhere else in the country.

While I don't know about the criteria used by Maylin to call positives, the idea that his lab is not very good is foolhardy. Maylin was the head of drug testing at Cornell University going back to the early 1970s until moving his test tubes and lab kits to Morrisville State College in 2010. That's nearly 50 years of being the kingpin for drug testing of New York racing, bridging Oscar Barrera to Jorge Navarro and Jason Servis.

The only conclusion I can come up with for the absence of medication violations in New York is that there aren't any. Not only is there no cheating going on, but horsemen there don't make the kinds of mistakes they occasionally do in other jurisdictions or have contamination issues from poppy seed bagels and grooms urinating in stalls. It must be the cleanest racing in the U.S.

Well done, New York racing. Well done.

That's my view from the eighth pole.

 

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Baffert Loses Bid To Have NYRA Hearing Stayed

Embattled Hall of Fame trainer Bob Baffert was unsuccessful in his bid to push back a hearing scheduled by the New York Racing Association about whether he should be prevented from racing there. U.S. District Judge Carol Bagley Amon ruled in a hearing on Oct. 5 that Baffert could not hold NYRA in civil contempt and delay the administrative hearing, which has been scheduled for Oct. 11.

“We are gratified by the court's decision allowing NYRA to move forward with its administrative hearing against Bob Baffert,” said Pat McKenna, senior director of communications for NYRA. “The court found that NYRA's actions were consistent with both the letter and spirit of the July 14 order. NYRA's focus in this matter is protecting the integrity of the sport of thoroughbred racing in accordance with the requirements of due process.”

Baffert had prevailed in a previous motion in a civil suit against the racing association, which informed him on May 17 that it was suspending his privileges to enter or stable at its racetracks in the wake of the uproar over a positive drug test from Kentucky Derby victor Medina Spirit. Judge Amon ruled in July that NYRA could not suspend a trainer without a hearing, and that not holding one violated Baffert's rights to due process.

NYRA subsequently drafted rules and procedures for hearings it could use to determine whether it would revoke a trainer's stabling or entry privileges at its tracks and informed Baffert and fellow trainer Marcus Vitali it was moving forward with plans to hold administrative hearings into their cases. Both had been scheduled for pre-evidentiary hearings in late September. Baffert then claimed that NYRA had constructed its hearing procedures just for him, and that the association's intent to proceed with protocol to eject him was a “direct contravention” of the court's order.

According to reporting from the Thoroughbred Daily News, Judge Amon made clear during oral arguments on Oct. 5 that her previous ruling had applied to NYRA's attempt to suspend Baffert without a hearing, but did nothing to preclude the organization from holding a hearing.

After Judge Amon's ruling in July, Baffert was once again permitted to enter horses at NYRA racetracks, and has done so, sending stakes runners to the Saratoga meet over the summer.

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‘We Are NY Horse Racing’ Launches in New York

“We Are NY Horse Racing,” a coalition of small businesses, unions, non-profits, and trade organizations designed to educate New Yorkers about the importance of horse racing to the state's economy, has launched and gained statewide support. According to a 2018 published study by the American Horse Council, horse racing in New York State is responsible for 19,000 jobs and more than $3 billion in annual economic impact. The broader equine industry is New York's second-largest agribusiness and the sport of horse racing sustains hundreds of small businesses on and around the 11 racetracks currently in operation in the state.

Events, paid media and other efforts directly related to educating New Yorkers about the importance of horse racing are on the slate for We Are NY Horse Racing. For more information, visit nyhorseracing.com.

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