Owner To Appeal Great White Way Stakes DQ

Following the controversial disqualification of Brick Ambush (Laoban), who crossed the wire second in Saturday's $500,000 Great White Way division of the New York Stallion Series at Aqueduct, owner Dean Reeves said he will appeal the decision of the stewards.

In a roughly run race, there was an incident at the quarter-pole where Big Torpedo (Big Brown) and Solo's Fury (Solomini) both checked sharply. Big Torpedo finished fourth and Solo's Fury was last of 12. A strong case can be made that Antonio of Venice (Laoban), the race winner with Manny Franco aboard, came off the rail and started a chain reaction that caused the other two horses to steady. When the incident took place, Brick Ambush sat five wide and outside of the horses who were bothered. He never came in contact with another horse, changed paths or did anything else that would seem to warrant a disqualification.

Another possibility is that the stewards mistook Brick Ambush for the 11 horse, Solo's Fury, who does appear to come over and bother horses at the quarter pole, while Brick Ambush appears to be clear of the trouble at that point. Both jockeys were wearing white and green silks with green caps and were next to one another.

Second-place money in the Great White Way is $100,000. Brick Ambush was placed last.

“We are going to appeal it because I'm not really sure what happened,” Reeves said. “We were never involved in the conversation. It's been amazing, the number of people who have reached out or are making comments, people saying that's the worst thing they've ever seen in 40 years of watching races. I feel like I got robbed, like I got mugged. We have to appeal this. I want to see how they came to their conclusion that we had anything to do with it. I watched the slow motion and had it stop and start. I have some questions for them.”

Reeves said he did not even realize that his horse had been taken down until getting a call from his trainer, Danny Gargan. He then called the stewards, asking for an explanation

“I called to talk to the stewards,” he said. “I wanted to ask them why they took my horse down. I called three times. They hung up on me the first two times. The third time they said call us tomorrow morning. Needless to say, I was pretty upset.”

The Daily Racing Form's David Grening asked New York Gaming Commission steward Braulio Baeza Jr. to comment on the reason for the disqualification and was told “the outside horse [Brick Ambush] caused the pressure.” Grening wrote that the stewards declined to comment further.

According to reporting in the Daily Racing Form, a second owner has filed an appeal objecting to the stewards' decisions. Thomas Albrecht, the managing partner of the group that owns Big Torpedo, has filed an appeal of the stewards decision not to disqualify Antonio of Venice from first place.

A stewards' inquiry was posted shortly after the horses crossed the wire. Javier Castellano, who rode Big Torpedo told reporters that he claimed foul, but the stewards said that foul claim was never relayed to them. It took the stewards about 10 minutes to review the inquiry, but even after they reached their decision there was more cause for confusion. For about a minute after the inquiry sign was removed, the order of finish still read 1-12-3-7, which was the order the horses crossed the finish line. The numbers were then changed to 1-3-7-6 and the race was declared official.

The NYRA website features a “Stewards' Decision” page in which the stewards provide an explanation of what happened and the reason for their decision following an inquiry or an objection. For the Great White Way, here is what they wrote: “Steward's inquiry. At the 1/4 pole #12 Brick Ambush (Junior Alvarado) came in, causing a chain reaction. The #11 Solo's Fury (Jose Lezcano) pushes down into the #7 The Big Torpedo (Javier Castellano). After reviewing the video and speaking with the riders, the stewards disqualified the #12 Brick Ambush for interference and place him behind the #11 Solo's Fury. Official order of finish: 1-3-7-6.”

On Sunday evening, Junior Alvarado, the rider of Brick Ambush, was given a three-day suspension by the stewards.

The disqualification caused a firestorm on X, with the vast majority questioning the stewards call, which seemed so obviously wrong.

Among those who took to X was Mike Repole, who wrote, “yesterday's ninth race was one of the worst stewards' calls I have ever seen. This is a public video, evidence of the (New York) stewards' incompetence. This hurts gamblers, fans, and the integrity of the sport. The owners, trainers, jockeys, track employees, etc., have to deal with the incompetence of the (New York) stewards, that is not seen in public.”

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Belmont Stakes Officially Shifts To Saratoga In 2024, Run At 1 1/4 Miles

New York Governor Kathy Hochul made it official that the 2024 GI Belmont S. will be held for the first time at Saratoga Race Course and be run at 1 1/4 miles to allow for the uninterrupted construction of a new and re-imagined Belmont Park, the governor said in a release Wednesday.

“As part of the exciting modernization of Belmont Park, Saratoga now adds to its storied history by hosting the third leg of the Triple Crown,” Governor Hochul said. “It's a win for horse racing and for the Capital Region to have the excitement and the ability to host the four-day Festival in June at America's most historic track. As I said during the 2023 Saratoga Meet, 'Let's do it.'”

Highlighted by the 156th edition of the Belmont S. on Saturday, June 8, the 2024 Belmont Stakes Racing Festival will begin on Thursday, June 6 and continue through Sunday, June 9. The four-day Festival at Saratoga Race Course will include 23 stakes races in total with purses totaling $9.7 million, the highest purse levels and number of stakes offered since the launch of the multi-day event in 2014.

The New York Racing Association (NYRA) will increase the purse of the Belmont S. from $1.5 million to $2 million in 2024, which is the first significant increase since 2014. In addition, pending the approval of the North American Graded Stakes Committee, the race will be contested at 1 1/4 miles in 2024 rather than the traditional 1 1/2 miles due to the configuration of Saratoga's main track.

“Thanks to Governor Hochul's support for a new and modernized Belmont Park, NYRA will soon be able to bring the Belmont S. to Upstate New York for the first time in history. Beyond the excitement and energy around a Triple Crown event at the sport's most beloved venue, the Belmont S. at Saratoga Race Course will generate important economic impact and drive tourism throughout the Capital Region,” said NYRA's President and CEO David O'Rourke. “We are thrilled to add a new chapter to the story of Thoroughbred racing in Saratoga Springs this June.”

Earlier this year, Governor Hochul's Executive Budget included a proposal for NYRA to build new Thoroughbred racing facilities at Belmont Park; the FY2024 Enacted Budget granted that approval. This project will transform the 117-year-old track, bringing the modern hospitality offerings fans expect while generating $1 billion in construction-related impacts, 3,700 construction jobs, $155 million in annual economic activity, and 740 new full-time jobs. Upgrading Belmont, which sustains 19,000 jobs across the state and a $3-billion annual economic impact, will also dramatically expand the amount of open space available to fans and the surrounding community.

Following the conclusion of the Belmont Stakes Racing Festival at Saratoga, the NYRA circuit will return to Aqueduct Racetrack for the remainder of the spring meet before racing shifts to Saratoga for the annual 40-day summer meet beginning Thursday, July 11. Prior to the Belmont Stakes Racing Festival, the Belmont Spring/Summer meet will be conducted at Aqueduct. The fall meet customarily held at Belmont Park will again be shifted to Aqueduct Racetrack in 2024 while construction of a new Belmont Park continues.

While 2024 will mark the first time the Belmont S. unfolds at Saratoga, the race was moved to Aqueduct Racetrack from 1963-1967 when Belmont Park last underwent significant renovations, and the distance has been adjusted throughout history, with the most recent change coming in 2020 when the Triple Crown was modified because of the COVID-19 pandemic.

Additional information and details on hospitality offerings, ticket packages and pricing for the Belmont Stakes Racing Festival at Saratoga Race Course will be available in early 2024.

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Judge Throws Out PETA-Backed Lawsuit that Sought to Block Loan to NYRA for Belmont Renovations

An Albany County Court Judge has dismissed a lawsuit from two New York taxpayers backed by PETA that attempted to block the State of New York from loaning NYRA $455 million that is earmarked for the construction of a new Belmont Park.

The new Belmont Park is expected to open for the 2026 spring meet.

The plaintiffs, Jannette Patterson and John Dileonardo, had argued that the New York State Constitution prohibited the state from giving or loaning state funds to any private corporation. The lawsuit, filed in June, was announced by PETA. Its press release issued at the time said the organization was “hoping to prevent a shady deal to fund a private entertainment business with money from New York taxpayers.”

“No responsible private lender would make such a staggering loan to NYRA,” read the original complaint.

But Judge Peter Lynch ruled that the state can issue loans where the loan is predominantly for a public purpose, which, he wrote, was the case with the rebuilding of Belmont Park.

“It is well settled that the constitutional prohibition against State loans to private entities or for private undertakings is not applicable where the loan is for a predominantly a public purpose, and private benefit, if any, is incidental,” Lynch wrote in his decision. “This interpretation of the constitution does not constitute an unauthorized and unlimited grant of an 'exception' to the prohibition, distinct from the enumerated exceptions set forth in NY Constitution, article VII, § 8 (1) and (2). To the contrary, where the appropriation is in furtherance of a predominantly public purpose it simply may not be construed as a private loan or undertaking in the first instance. Funding the renovation of Belmont Park Racetrack constitutes just such a public purpose!”

Lynch referenced a case where a court ruled that the state could contribute $600 million to the $1.4 billion it cost to rebuild the Buffalo Bills Stadium.

“Horse racing fans who attend Belmont Park are no different than football fans who attend the Buffalo Bills stadium,” he wrote. “They are part of the community, and their ability to enjoy the sport of their choice improves their quality of life. Considering Plaintiff's claim that the horse racing industry is in economic straits, it is manifest that the Legislature's funding plan to modernize.”

“The construction of a new Belmont Park will create thousands of jobs, generate billions in economic activity and secure the future of Thoroughbred racing in New York State,” NYRA spokesman Patrick McKenna said after the decision was announced. “This decision recognizes the importance of this transformational project, which will deliver the world-class Belmont Park that New Yorkers deserve.”

NYRA was one of five defendants in the suit. The others were the State of New York; The New York State Assembly; Governor Kathy Hochul and State Comptroller Thomas P. Dinapoli.

The plaintiffs had asked for a preliminary injunction that would have halted the loan. Lynch denied that motion and dismissed the plaintiffs' complaint.

In their complaint, Patterson, Dileonardo and PETA tried to portray racing as a dying sport that did not deserve what amounted to a huge financial shot in the arm from the state. It said that attendance had dropped by 88% since 1978 and that taxes paid to the state from racing had fallen by 90% between 1970 and 2019. The suit called racing a “moribund industry that has seen 41 long-established racetracks shut down in the United States since 2000.”

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Weekly Stewards And Commissions Rulings, Aug. 15-21

Every week, the TDN publishes a roundup of key official rulings from the primary tracks within the four major racing jurisdictions of California, New York, Florida and Kentucky.

Here's a primer on how each of these jurisdictions adjudicates different offenses, what they make public (or not) and where.

The TDN will also post a roundup of the relevant Horseracing Integrity and Safety Act (HISA) related rulings from the same week. These will include decisions from around the country.

California
Track: Del Mar
Date: 08/17/2023
Licensee: Tiago Pereira, jockey
Penalty: Three-day suspension
Violation: Careless riding
Explainer: Jockey Tiago Pereira, who rode Legislator in the eighth race at Del Mar Race Track on August 13, 2023, is suspended for 3 racing days (August 24, 25 and 26, 2023) for altering course without sufficient clearance in the stretch, causing interference resulting in the disqualification of his mount from first to sixth; a violation of California Horse Racing Board rule #1699 (Riding Rules – careless riding).

New York
Track: Saratoga
Date: 08/19/2023
Licensee: Jose Lezcano, jockey
Penalty: Three-day suspension
Violation: Careless riding
Explainer: Jockey Mr. Jose Lezcano having waived his right to an appeal is hereby suspended three (3) NYRA racing days August 23rd 2023, through August 25th 2023 inclusive. This for careless riding during the running of the 9th race at Saratoga Racecourse on August 17th 2023.

Track: Saratoga
Date: 08/20/2023
Licensee: Rafael Bejarano, jockey
Penalty: Three-day suspension
Violation: Careless riding
Explainer: Jockey Mr. Rafael Bejarano having waived his right to an appeal is hereby suspended three (3) NYRA racing days August 26th 2023, August 27th 2023, August 30th 2023 inclusive. This for careless riding during the running of the 9th race at Saratoga Racecourse on August 19th 2023. See the story here.

NEW HISA/HIWU STEWARDS RULINGS
The following rulings were reported on HISA's “rulings” portal and through the Horseracing Integrity & Welfare Unit's “pending” and “resolved” cases portals.

This does not include the voided claim rulings which were sent to the TDN directly. Some of these rulings are from prior weeks as they were not reported contemporaneously.

One important note: HISA's whip use limit is restricted to six strikes during a race.

Violations of Crop Rule
Belterra Park
Jose Lopez – violation date Aug 16; $250 fine, no other records

Delaware Park
Augusto Ali Marin – violation date Aug 16; $250 fine, no other records
Carol Dyann Cedeno – violation date Aug 17; $250 fine, no other records

Horseshoe Indianapolis
Hannah Leahey – violation date Aug 15; $250 fine, no other records
Santo Sanjur – violation date Aug 16; $250 fine, no other records
Emmanuel Esquivel – violation date Aug 19; $250 fine, no other records

Presque Isle Downs
Jose Lucio Riquelme  – violation date Aug 15; $250 fine, no other records
Wilfredo Martinez – violation date Aug 15; $250 fine, no other records
Gary John Wales – violation date Aug 15; $250 fine, no other records
Heman Kumar Harkie – violation date Aug 17; $250 fine, no other records

Pending ADMC Violations
Date: 07/31/2023
Licensee: Steve Asmussen, trainer
Penalty: Pending
Alleged Violation: Intra-articular injection
Explainer: A possible violation of Rule 3314—Use or Attempted Use of a Controlled Medication Substance or a Controlled Medication Method—on the horse, Bramito. This is also a possible violation of Rule 4222–Intra-Articular Injections Within Seven (7) Days of Timed and Reported Workout

Date: 07/21/2023
Licensee: Kenneth Cox, trainer
Penalty: Pending
Alleged Violation: Medication violation
Explainer: For the presence of Phenylbutazone—Controlled Medications (Class C)—in a sample taken from Not as Lucky as Us, who won at Colonial Downs on 7/21/23. This is a possible violation of Rule 3312—Presence of Controlled Medication Substance and/or its Metabolites or Markers.

Date: 07/20/2023
Licensee: Arnoud Dobber, trainer
Penalty: Pending
Alleged Violation: Medication violatio
Explainer: For the presence of Acepromazine—Controlled Medications (Class B)—in a sample taken from Coyote Runner. This is a possible violation of Rule 3312—Presence of Controlled Medication Substance and/or its Metabolites or Markers.

Date: 07/19/2023
Licensee: David Reid, trainer
Penalty: Pending
Alleged Violation: Medication violation
Explainer: For the presence of Phenylbutazone—Controlled Medications (Class C)—in a sample taken from Grand Hideaway, who won at Hawthorne on 7/19/23. This is a possible violation of Rule 3312—Presence of Controlled Medication Substance and/or its Metabolites or Markers.

Date: 07/17/2023
Licensee: Troy Smith, trainer
Penalty: Pending
Alleged Violation: Medication violation
Explainer: For the presence of Phenylbutazone—Controlled Medications (Class C)—in a sample taken from Rattleme, who won at Finger Lakes on 7/17/23. This is a possible violation of Rule 3312—Presence of Controlled Medication Substance and/or its Metabolites or Markers.

Date: 07/13/2023
Licensee: Christophe Clement, trainer
Penalty: Pending
Alleged Violation: Medication violation
Explainer: For the presence of Dantrolene—Controlled Medications (Class C)—in a sample taken from My Royal Vow. This is a possible violation of Rule 3312—Presence of Controlled Medication Substance and/or its Metabolites or Markers.

Date: 07/07/2023
Licensee: Candice Cryderman, trainer
Penalty: Pending
Alleged Violation: Medication violation
Explainer: For the presence of Methocarbamol—Controlled Medication (Class C)—in a sample taken from Dontforgetthesuga, who finished third at Emerald Downs on 7/7/23. This is a possible violation of Rule 3312—Presence of Controlled Medication Substance and/or its Metabolites or Markers.

Date: 07/07/2023
Licensee: Lynn Rarick, trainer
Penalty: Pending
Alleged Violation: Medication violation
Explainer: For the presence of Methocarbamol—Controlled Medication (Class C)—in a sample taken from Calzone, who finished third at Canterbury Downs on 6/20/23. This is a possible violation of Rule 3312—Presence of Controlled Medication Substance and/or its Metabolites or Markers.

Licensee: Peter Miller, trainer
Penalty: Pending
Alleged Violation: Three medication violations
Explainer: For the presence of Acepromazine—Controlled Medication (Class B)—in samples taken from Forgiving Spirit, who finished second at Santa Anita on 6/11/23; from Anmer Hall, who won at Santa Anita on 6/4/23; and from Giver Not a Taker, who finished fourth at Santa Anita on 6/4/23. These are possible violations of Rule 3312—Presence of Controlled Medication Substance and/or its Metabolites or Markers.

Resolved ADMC Violations
Date: 07/18/2023
Licensee: Roberto Lopez, trainer
Penalty: 7-day period of Ineligibility beginning on August 16, 2023; Disqualification of Covered Horse's Race results, including forfeiture of all purses and other compensation, prizes, trophies, points, and rankings and repayment or surrender (as applicable); a fine of $1,000; imposition of 2 Penalty Points.
Alleged Violation: For the presence of Lidocaine—Controlled Medication (Class B)—in a sample taken from Hardly Working, who finished sixth at Finger Lakes on 7/18/23. This is a possible violation of Rule 3312—Presence of Controlled Medication Substance and/or its Metabolites or Markers.

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