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McConnell Announces Horseracing Integrity And Safety Act, New Independent Regulatory Authority

U.S. Senate Majority Leader Mitch McConnell (R-KY) announced Monday at a press conference in Lexington, the Horse Capital of the World, his plans to introduce legislation in the U.S. Senate to help set national standards to promote fairness, increase safety, and help preserve Thoroughbred racing. The McConnell bill, the Horseracing Integrity and Safety Act, will be introduced in September following the state-work-period. U.S. Congressman Andy Barr (KY-06) will introduce the companion legislation in the U.S. House of Representatives.

Because of Kentucky's leading role in this sport, Senator McConnell brought Keeneland, Churchill Downs, Breeders' Cup, The Jockey Club, and other industry leaders together earlier this year to develop a solution to the challenges facing horse racing. A number of them joined Senator McConnell and Congressman Barr for today's major announcement: Keeneland President & CEO Bill Thomason, Keeneland President & CEO-Elect Shannon Arvin, Churchill Downs Incorporated CEO William “Bill” C. Carstanjen, Breeders' Cup President & CEO Drew Fleming, and The Jockey Club Vice Chairman William “Bill” M. Lear Jr.

“I'm proud to be joined by prominent horse racing leaders in Kentucky as they take the courageous step to increase nationwide safety standards for horses, jockeys, trainers, breeders, and fans. I'm grateful to Congressman Andy Barr for his strong leadership on this important issue,” said Senator McConnell.

Also announced today was the launch of the Horseracing Integrity and Safety Authority, which will be an independent, non-governmental regulatory body responsible for improving current regulations bringing a new level of transparency. This Authority will also address medication use, track conditions and other safety standards to protect equine athletes. Senator McConnell's Horseracing Integrity and Safety Act will provide federal recognition and enforcement power for the Horseracing Integrity and Safety Authority to develop uniform, baseline standards for horse racing.

“Kentucky is proud of our distinct horse racing traditions. We must address the challenges the sport faces so we can preserve our heritage and the jobs of over 24,000 Kentuckians who support it,” said Senator McConnell. “As Senate Majority Leader, I look forward to working with Congressman Barr and our colleagues across the aisle on our legislation to give federal recognition to the Horseracing Integrity and Safety Authority. Together, we can better protect every competitor and give each of them a fair shot at the Winner's Circle.”

Congressman Barr said, “Today's announcement is the culmination of years of work and negotiation to develop uniform racing standards under one independent regulatory body. The future of the sport depends on fair competition, a level playing field across state lines, as well as the safety and welfare of our equine and human athletes. Now is the time for the horse racing industry to embrace change that will attract a new generation of fans and solidify the future of this special sport. I want to thank Leader McConnell for his partnership on this effort and I look forward to moving this legislation across the finish line.”

“This groundbreaking legislation and the collaborative effort behind it speaks to the commitment those of us in the Thoroughbred industry have to establish uniform safety and integrity standards across the U.S. and bring American racing in line with international guidelines,” Keeneland President and CEO Bill Thomason said. “We applaud the leadership of Senator McConnell and Congressman Barr, who share our passion for horse racing and a dedication to strengthening the future of this great sport.”

Churchill Downs Incorporated CEO William “Bill” C. Carstanjen said, “It is critical to the future of Thoroughbred racing that the safety and integrity of our sport be governed by world-class, uniform standards across the United States. The leadership of Senator McConnell and Congressman Barr has been instrumental in our shared goal of bringing the Thoroughbred industry together to achieve this goal.”

“This legislation gives us an opportunity to make the single most significant and far-reaching safety and integrity enhancement in the history of Thoroughbred racing by bringing our sport into the 21st century and protecting its future for generations to come,” said Drew Fleming, President and CEO of Breeders' Cup Limited. “While there is more work to do both in Congress and in the racing community, we are now on the path to a safer and more transparent sport thanks to Senator McConnell's leadership and ability to bring people together around this important non-partisan issue. It has been a privilege to work with Congressman Andy Barr, my Chairman Fred Hertrich and my trusted counterparts at Churchill Downs and The Jockey Club, among many others, to contribute to this initiative for the betterment of our industry.”

“The Jockey Club has long pursued a collaborative solution within our industry to establish national reforms ensuring clean competition and improved safety for horses and humans alike. We express our sincere thanks to Senate Majority Leader Mitch McConnell and organizations such as Breeders' Cup, Churchill Downs Inc., Keeneland, New York Racing Association, and The Stronach Group for working so closely with us on this legislation,” said Stuart S. Janney III, Chairman, The Jockey Club. “We strongly believe that the Horseracing Integrity and Safety Act is vital to developing uniform and effective medication and safety regulations that will enhance the integrity and safety of American horse racing and improve the sport.”

The Jockey Club Chairman continued, “We also applaud Reps. Paul Tonko (D-NY) and Andy Barr (R-KY) and Sens. Kirsten Gillibrand (D-NY) and Martha McSally (R-AZ) for their support and devotion to horse racing and for introducing the original bill into the House and Senate. We will continue to work closely with Congressional co-sponsors, industry stakeholders and animal welfare organizations in our pursuit of national, uniform standards for drugs, medication, and safety in horse racing.”

“Without federal legislation mandating that USADA enact 'clean' drug rules, reliable testing, qualified labs and strict penalties for violators, the sport of American horse racing faces an uncertain future,” said Staci Hancock, Managing Member of the Water Hay Oats Alliance. “With Senator McConnell's leadership and the continued efforts of Representatives Andy Barr and Paul Tonko in the House, WHOA's members look forward to the day when our great sport can rebuild its reputation, protect our beloved horses and their jockeys, and reclaim racing's place as one of America's top spectator sports.”

Kitty Block, CEO of the Humane Society of the United States, said, “Senate Majority Leader McConnell has stepped up to end widespread doping in American horse racing and to address racetrack safety, the key contributing factors to fatalities on American racetracks. We cannot continue to look the other way when a racehorse is severely injured or killed during training or a race. This measure will advance necessary reforms that will make or break horse racing in the United States.”

In reaction to the news Monday, the New York Thoroughbred Horsemen's Association distributed the following statement:

“Horsemen should view today's developments with the Horse Racing Integrity and Safety Act with hope,” said NYTHA president Joe Appelbaum. “It's been clear for a generation that a systematic approach to equine welfare is needed and this effort is a big step in that direction. The broad changes proposed today by Senator McConnell are a significant improvement on previous drafts of legislation and I'd like to personally commend the industry participants for working together to overcome their differences.

“The real work starts now, as we will need to not only pass this legislation but actually implement its proposals. NYTHA looks forward to working with all parties to ensure that horse racing has a worthy system ensuring the safety of our equine athletes and a level playing field. Our primary stakeholders, horsemen and bettors, deserve nothing less.”

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Channel Maker Leads All The Way In Soggy ‘Win And You’re In’ Sword Dancer

Wachtel Stable, Gary Barber, R.A. Hill Stable and Reeves Thoroughbred Racing's multiple Grade 1-winner Channel Maker led at every point of call to capture Saturday's Grade 1, $500,000 Sword Dancer, a 12-furlong inner turf test for older horses at Saratoga Race Course in Saratoga Springs, N.Y.

Trained by Hall of Famer Bill Mott, the 6-year-old English Channel gelding flourished on the soft going and earned an automatic berth to the Grade 1, $6 million Breeders' Cup Turf on November 7 at Keeneland Race Course.

Saturday's blockbuster card offered four graded events, including a last-to-first score by Win Win Win in the Grade 1, $300,000 Forego presented by America's Best Racing at seven furlongs on the main track for older sprinters; a gate-to-wire effort by Yaupon in the Grade 2, $150,000 Amsterdam at six furlongs for sophomore sprinters; and Bye Bye Melvin started the stakes action with a dramatic nose score over favored Don Juan Kitten in the Grade 3, $100,000 Saranac at one mile on the Mellon turf for 3-year-olds.

Channel Maker, making his third appearance in the Sword Dancer following a runner-up effort in 2018 and a fourth last year, was sent straight to the lead by jockey Manny Franco to mark the opening quarter mile in 25.10, with Marzo racing inside in second position and Corelli in third.

Bred in Ontario by Tall Oaks Farm, the hard-knocking chestnut maintained a length and a half advantage as he led the field past the finish line for the first time with Marzo and Corelli continuing to chase.

Channel Maker dictated the pace through a mile in 1:42.33 with Corelli making a run up the rail and Aquaphobia, last-out winner of the Grade 1 United Nations at Monmouth Park, following suit as Marzo gave way.

Cross Border, the lukewarm 3-1 mutuel favorite, brought a perfect 5-for-5 record at Saratoga into the Sword Dancer and jockey Jose Ortiz gave the New York-bred his cue to follow Aquaphobia as Channel Maker took the field around the final bend.

Boasting a 5 ½-length advantage at the stretch call, Channel Maker continued to find more, easily covering the soft going with strong, smooth strides. Sadler's Joy, the 2017 Sword Dancer champ, launched his trademark move from the back of the pack but there was no reeling in a runaway Channel Maker, who strode through the wire a 5 ¾-length winner in a final time of 2:34.86.

Cross Border found his best stride late to complete the exacta by 3 1/2-lengths over Aquaphobia, who was four lengths clear of Sadler's Joy. Rounding out the order of finish were Corelli, Pedro Cara and Marzo. Highland Sky was scratched.

Channel Maker, who captured the 2018 Grade 2 Bowling Green at the Spa, broke through at the top flight in the 2018 Grade 1 Joe Hirsch Turf Classic at Belmont and doubled up in the Grade 1 Man o' War in May 2019, which was his last winning effort prior to the Sword Dancer.

“He was strong throughout the stretch. He ran a powerful race,” said Mott. “He loves the going. He likes it here. He's tough when he turns for home on the lead.”

Mott credited Franco for making a winning move early in the race.

“We thought Marzo could be on the lead and we might be laying second, but opportunity presented itself for him to be on the lead and the jockey accepted the opportunity and it worked out very well,” said Mott. “Sometimes, you make the right decision and it worked out well today.

“He's very tricky to ride,” continued Mott. “You could see how level he was coming through the stretch and he was straight as an arrow, but if he gets in crowded, sometimes he'll get his head up or bear away from horses. So, he's not an easy horse. He wouldn't be what every rider wants, but in this particular case, everything went well for him and he finished up straight and strong.”

Last out, when elevated to third in the Grade 2 Bowling Green, Channel Maker was caught behind horses in the stretch run which saw Sadler's Joy demoted from first to fourth for lugging in late in the lane and Cross Border elevated to first.

Today, Franco said he was intent on dictating his own terms.

“I made the lead and tried to open up to let them know I wanted to go and they let me go. It worked out good for me,” said Franco.

Mott said he will take a wait-and-see approach with regard to the Breeders' Cup Turf, a race in which the gelding has finished off-the-board in the last two years.

“That water gets very deep. We've tried it a couple times and it hasn't worked out with him,” said Mott. “You get a whole different group of horses. But who knows? There was a year at Keeneland where it was a bottomless ground and if that situation came up, maybe he would benefit from it.”

Ortiz gave full credit to the classy winner.

“We were facing a Grade 1-winner and he got loose today on the soft turf and he liked it. It was hard for everybody to catch up,” said Ortiz. “It was very hard to get going from the half-mile to the three-eighths pole. The second time we passed the three-eighths pole, it was getting very messy, but Aquaphobia made a good move and I tried to follow him. But he struggled, too, and it was hard to make up ground. My horse gave me a little kick, but it was really late passing the three-sixteenths pole when he finally got a good grip on the outside part of the course and gave me a good run. But it wasn't good enough.”

Channel Maker banked $275,000 in victory while improving his record to 35-6-5-4. He returned $18 for a $2 win ticket.

Live racing resumes Sunday at Saratoga with a 10-race card that features the Grade 3, $125,000 Shuvee for older fillies and mares going 1 1/8 miles in Race 9 at 5:46 p.m. Eastern. First post is 1:10 p.m.

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Sleepy Eyes Todd Runs Away With Charles Town Classic

Though he was making his first start on the six-furlong oval at Charles Town Races in West Virginia, Sleepy Eyes Todd showed a proficiency for a “bullring” earlier this year when winning the Gus Fonner Stakes at Nebraska's Fonner Park in front-running fashion by 6 1/2 lengths.

That helps explain why the 4-year-old gray colt by Paddy O'Prado was bet down from 10-1 on the morning line to 5-2 co-favoritism in Friday night's $600,000, Grade 2 Charles Town Classic.

He did not disappoint.

Under jockey Carlos Delgado,, Sleepy Eyes Todd outran Mo Dont No for the early lead, fought off a challenge from stakes veteran Multiplier, then ran off with a 7 1/2-length victory in the 1 1/8-mile contest. Trained by Miguel Silva for owner Thumbs Up Racing LLC, Sleepy Eyes Todd covered the distance on a fast track in 1:50.82 after setting fractions of :24.64, :49.14, 1:13.59 and 1:38.59.

He paid $7.60 for the win.

Plus Que Parfait, the G2 UAE Derby winner last year, finished second for trainer Brendan Walsh, with Timothy Grams' West Virginia-bred Runnin'toluvya – last year's Charles Town Classic winner – finishing third, Steve Asmussen-trained Tenfold fourth and Saffie Joseph Jr.-trained Math Wizard fifth in the field of 10 older runners.

Out of the Wild Rush mare, Pledge Mom, Sleepy Eyes Todd was bred in Kentucky by Two Hearts Farm and Kristen Goncharoff. He was winning for the sixth time in 12 starts (at eight different tracks) and first time in a graded stakes.

The victory was worth $336,000 to the winner.

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West: Recent Appeals Court Ruling On Maximum Security Disappointing, But ‘It’s Time To Move On’

Three judges from the U.S. Court of Appeals for the Sixth Circuit have affirmed a lower court's ruling dismissing a suit by Maximum Security owners Gary and Mary West against the Kentucky Horse Racing Commission and Kentucky stewards for disqualifying their horse from the 2019 Kentucky Derby. The decision, published Friday, was unanimous.

Owner Gary West told the Paulick Report he has no intention of continuing the legal fight over the outcome of the race.

“I obviously disagree with the court's findings, but it is time to move on and the decision will not be appealed,” West said via email.

The U.S. District Court for the Eastern District of Kentucky had dismissed the suit for failure to state a claim upon which relief could be granted. Attorneys for the Wests argued their horse should be declared the official winner of the race based on four arguments: that a decision by stewards on disqualifications are subject to judicial review, that the stewards' decision was deficient in terms of evidence/that it was arbitrary and capricious, that the stewards violated the Wests' right to due process, and that the regulation allowing the stewards to disqualify a horse is void because it is too vague.

Judge John K. Bush, who authored the opinion on behalf of the court, disagreed with all four of the arguments, referring to Kentucky's laws and regulations outlining what stewards are permitted to do. Kentucky regulations specifically state that stewards' findings of fact and determination “shall be final and shall not be subject to appeal.” Some types of stewards' decisions, like the choice not to grant an applicant a license or a suspension for a medication ruling, are appealable through the court system. That has not previously been the case for decisions on placings.

One of the primary differences between the stewards' process in these cases is that while reviewing a potential case of foul like that of Maximum Security, the race has not yet been declared official until after stewards complete their own internal decision-making process. In the case of a medication finding, the stewards call licensees in to a hearing and hear evidence and arguments before making a decision, which better matches with the legal definition of an “administrative hearing.” Administrative hearings may be appealed.

Bush thought that distinction was correct, because in-game decisions like a race disqualification in the hands of those best equipped to make those judgements.

“To be sure, a good judge is an umpire who calls balls and strikes,” Bush wrote in part. “But we are not game officials in the literal sense, and we are ill-equipped to determine the outcome of sporting contests. The stewards, on the other hand, are racing officials who must go through rigorous training and experience before they may serve in that capacity. Perhaps only the racehorse itself could tell us whether it was fouled during a race. But horses can't speak, so the Commonwealth of Kentucky, similar to many other racing jurisdictions, has designated racing experts — the stewards, not the appointed members of the Commission or judges — to determine when a foul occurs in a horse race. It is not our place to second-guess that decision.”

Read the complete court opinion here.

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