What Was Your Favorite Moment Of 2023: Pat Cummings

As 2023 draws to a close, the TDN is asking industry members to name their favorite moment of the year. Send yours to suefinley@thetdn.com

“The best moment from 2023 was the confirmation that the state of New York would be loaning NYRA nearly half a billion dollars to build a modern Belmont Park. I'd rate this occurrence as possibly the most positive development in the sport since the founding of the Thoroughbred Aftercare Alliance. The seeds of this were planted in the years before VLT revenue started flowing in New York and it was decided NYRA wanted a slice of that revenue to go to a capital expenditure fund instead of just diverting it all to purses. That foresight was so very necessary. The future of the sport in New York is bright and that's monumentally important for every other stakeholder in the sport.”
-Pat Cummings, National Thoroughbred Alliance

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Open Letter To The Industry: Tom Rooney

Many of you may have seen that last week a bill was introduced in Congress to repeal the Horseracing Integrity and Safety Act, better known as HISA. I want to set the record straight as to what this legislation does or doesn't do, assure you that the bill isn't going anywhere in Congress, and stands no chance of becoming law.

First things first-it's important to remember that any member of Congress can introduce a bill. They write the language, file the bill, and voila it's been introduced. Just in the 118th Congress, which began in the beginning of 2023, more than 10,000 bills have been introduced. Of those more than 10,000 bills, only 14 have become law. It's important to have that perspective to truly understand why the likelihood of this bill ever becoming law is next to nothing.

Now let's get to this particular bill. Introduced by Congressman Higgins from Louisiana, the Racehorse Health and Safety Act (RHSA) has just one cosponsor. In order for any bill to become law, it needs a lot of support, support that comes in the form of “cosponsors.” HISA had more than 260 cosponsors and was supported by both Republicans and Democrats. RHSA only has one, and both are Republicans. In fact, the member of Congress who has been working to garner support for this bill for months has decided he can no longer support it. Without bipartisan support and many cosponsors, bills don't go anywhere in Congress.

Now to the lack of merits of the legislation. The very same people who spent years and millions of dollars fighting in Congress and in the courts against uniform safety standards and a unified regulator would now have us believe that they are actually for uniform safety standards and a unified regulator. The goal of RHSA is to repeal HISA, return the industry to the state-by-state patchwork regulatory system, and then create a unified regulator and unified safety standards. You read that correctly-this bill suggests rolling back all the work HISA has done, turn the industry back over to the states, and then create its own regulatory body and rules. Instead of trying to work with HISA, within the scope of the law, HISA's detractors are simply wasting everyone's time.

Congressman Higgins and the detractors of HISA know that it would take years to slog through the cumbersome process of passing enabling legislation in nearly three dozen racing states to establish RHSA. Repealing HISA to then enact RHSA with the consent of 32 states would be similar to the time-consuming process of amending the Constitution, which has only happened 27 times in more than 200 years. This bill is a laughable attempt to turn back the clock on track safety and anti-doping rules – which is precisely why there is so little support in Washington for the HISA repeal bill.

As I've said for months, these detractors need to put an end to their arguments. It is crucial that the whole of the Thoroughbred industry comes together for the betterment of our sport. In these challenging times, we must rally around HISA to ensure the highest standards of integrity and safety are upheld. The Racehorse Health and Safety Act would set the industry back when we should be setting aside our differences and working collaboratively towards a brighter, safer future for Thoroughbred racing under the guidance of HISA which is already the law of the land. Together, we can safeguard the integrity and longevity of this beloved sport.

Tom Rooney is the President and CEO of the National Thoroughbred Racing Association. He formerly served in the U.S. House of Representatives for five terms, representing the state of Florida.

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NYRA, State Want Dismissal Of ‘Meritless’ Lawsuit To Block Belmont Renovation

The New York Racing Association (NYRA) and the state of New York asked the Supreme Court of New York Aug. 18 to dismiss a lawsuit filed by two residents that is attempting to block the $455 million state loan to NYRA that will renovate Belmont Park.

In addition, both the state and NYRA want to quash a motion for preliminary injunction that the plaintiffs initiated back on June 22 to try to halt any state money for the project from flowing to NYRA.

The Belmont renovation was approved back in May when the final New York state budget for fiscal year 2024 included the funding.

Belmont was last significantly updated in 1968, and the current, long-planned refurbishment is being undertaken with an eye toward consolidating all of NYRA's racing at Belmont and Saratoga Race Course, with the state-owned Aqueduct Racetrack property to eventually be sold.

“NYRA's motion to dismiss should be granted, the Court should issue a judgment in favor of Defendants declaring that the Belmont Legislation is constitutional, and the Complaint should be dismissed in its entirety and with prejudice,” stated a memorandum of law that NYRA filed with the court Friday.

“As Plaintiffs claim fails as a matter of law and is not likely to succeed on the merits, and as the challenged appropriation to NYRA serves an important public interest and Plaintiffs cannot establish irreparable harm, or that the equities weigh in their favor, Plaintiffs' motion for a preliminary injunction should be denied,” the NYRA filing continued.

The plaintiffs, Jannette Patterson and John Di Leonardo, each identified themselves in the initial complaint as a “citizen taxpayer of the State of New York who has paid, and is paying, New York State income and sales taxes.” They have asked for a judgment declaring that the state's loan to NYRA “would be an illegal and unconstitutional expenditure, misappropriation, misapplication, or disbursement of State funds.”

The defendants are the State of New York, the New York State Assembly, the New York State Senate, Governor Kathy Hochul, state comptroller Thomas P. DiNapoli, and NYRA.

NYRA's 30-page memorandum stated that the two plaintiffs “contend that the 'plain language' of the Gift and Loan Clause bars the State from appropriating any funds to NYRA.”

The Plaintiffs, however, are wrong “for at least two reasons,” NYRA argued.

“First, Plaintiffs' insistence upon a strict construction of the Gift and Loan Clause betrays an untenable, ostrich-like approach to settled law. Although one would not know it from Plaintiffs' papers, the Court of Appeals long ago ruled that the expenditure of public funds to a private entity is permissible under the Gift and Loan Clause if such expenditure serves a public purpose,” the filing continued.

“Moreover, the Court of Appeals and the Third Department have upheld financing arrangements for the construction and operation of sports venues and facilities that serve a public purpose, notwithstanding the co-existence of an incidental private benefit. Thus, the appropriation to NYRA authorized by the Belmont Legislation cannot be equated to an impermissible gift or loan under [the New York state constitution.],” the filing stated.

“Second, although at one point in their Complaint Plaintiffs correctly describe NYRA as a 'not-for-profit corporation that has the exclusive franchise to operate' Belmont Park, they otherwise refer to, and analyze, NYRA as though it is a run-of-the-mill 'private corporation' for purposes of the Gift and Loan Clause. In doing so, Plaintiffs yet again fail to reference, or even acknowledge, case law from both State and federal courts that uniformly holds that NYRA-as a State-franchisee that operates racing facilities owned by the State on public property pursuant to statute and regulation-is a 'state actor,'” the filing continued.

“In this regard, the funds received by NYRA will be used to renovate public property and facilities owned by the State. Put simply, NYRA-as a 'state actor'-is not the type of 'private corporation' that the Gift and Loan Clause was intended to cover,” the filing stated.

A separate Aug. 18 memorandum filed by the New York Attorney General's office on behalf of the state government defendants told the court that “Plaintiffs are not entitled to a preliminary injunction because they cannot make the required showing of irreparable harm. Plaintiffs urge the Court to maintain the status quo and halt the disbursement of funds so that their constitutional argument may be heard. But Plaintiffs' constitutional argument is meritless and there is no valid basis for the Court to preliminarily enjoin the Challenged Appropriation…”

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Brick Fundraiser Launched At TRF Vocational Program

The Thoroughbred Retirement Foundation (TRF) has launched a brick pathway fundraising campaign at the Wallkill Correctional Facility in Wallkill, New York, the organization said in a release Thursday.

Honoring the flagship location of the TRF Second Chances Program and their partnership with the New York State Department of Corrections and Community Supervision, the fundraiser will commemorate 40 years of “Saving Horses and Changing Lives.”

To support its mission, a brick pathway will be constructed on the horse farm near the historical Walstein Childs House. Bricks will be available through the summer of 2024, with a planned installation and unveiling set for that fall.

Click here for more information and to purchase a brick.

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