Baffert Files Suit Against NYRA

Bob Baffert has filed suit in the United States District Court, Eastern District of New York, against the New York Racing Association charging violations under the Fourteenth Amendment to the U. S. Constitution violating his right to due process.

The suit was filed Monday by Baffert's attorney Craig Robertson.

NYRA announced that it had suspended Baffert May 17, after it was revealed that Medina Spirit (Protonico) had tested positive for Betamethasone in the GI Kentucky Derby.

The suit reads, “Specifically, Baffert maintains a right to rely upon and use his New York State occupational trainer's license that was duly issued to him without limitation by the New York State Gaming Commission (the “Gaming Commission”); NYRA has, without legal authority, and without any notice or opportunity to be heard, attempted to indefinitely suspend Baffert's trainer's license issued by the Gaming Commission, thereby preventing Baffert from practicing in his chosen profession or using his state-issued license on state-owned property.”

When asked if he would be filing a similar lawsuit against Churchill Downs, which has also banned the trainer, Baffert's attorney Craig Robertson said he was not representing Baffert on any legal issues related to Churchill Downs. He declined to comment further.

In the suit, Baffert seeks, among other things, a declaration that NYRA is prohibited from denying horses he owns or trains from entering races at NYRA tracks, denying him the privileges of the grounds, and denying him stall space. He is seeking a preliminary and permanent injunction from NYRA from further banning him from the tracks, and says that if that does not happen, he will suffer immediate and irreparable harm.

Attachments to the suit include a letter sent to Baffert from NYRA May 17 outlining the reasons for the suspension. The letter, signed by NYRA President and CEO David O'Rourke, reads, “NYRA has determined that the best interests of Thoroughbred racing compel the temporary suspension of your entering horses in races and occupying stall space at our racetracks. To do otherwise would compromise NYRA's investment in its operations as well as the public's perception of Thoroughbred racing generally.”

The letter says that NYRA would make a final determination on the length and the terms of the suspension in the future “based on information revealed during the course of the ongoing investigation in Kentucky.”

The suit makes a distinction between NYRA and other private entities.

“NYRA is a not-for-profit franchised corporation created by the State of New York. However, unlike other state-created not-for-profit corporations, the existence and operation of NYRA is specifically governed by the New York law that grants it the exclusive franchise to conduct live Thoroughbred racing and simulcasting at the state-owned racetracks on behalf of the state, from which the state derives substantial revenue.”

The suit continues, “NYRA controls the operation of all major Thoroughbred racetracks within the State of New York and operates as an effective monopoly. NYRA does not have the legal authority to suspend Baffert–that rests solely with the Gaming Commission as the entity that issued his occupational license–a license that affords Baffert a property interest under state law sufficient to invoke due process protections. Despite this fact, by purporting to summarily and indefinitely suspend Baffert from all NYRA tracks, NYRA has essentially barred Baffert from exercising his professional and State-issued trainer's license anywhere in the State of New York. Additionally, NYRA has purported to suspend Baffert and the use of his license without any notice or opportunity to be heard in violation of due process. Lastly, by connecting Baffert's “suspension” to the Kentucky investigation, which is likely to go on for years, NYRA has correspondingly banned Baffert from participating in New York racing for several years.”

In response to Baffert's lawsuit, NYRA's Senior Director of Communications Patrick McKenna, issued the following a statement.

“On May 17, the New York Racing Association, Inc. (NYRA) temporarily suspended Bob Baffert from entering horses in races and occupying stall space at Belmont Park, Saratoga Race Course and Aqueduct Racetrack. NYRA took this action to protect the integrity of the sport for our fans, the betting public and racing participants following Mr. Baffert's public acknowledgement that the Kentucky Derby winner Medina Spirit tested positive for betamethasone, a banned corticosteroid. In making the determination to temporarily suspend Mr. Baffert, NYRA took into account the fact that other horses trained by Mr. Baffert have failed drug tests in the recent past, resulting in the assessment of penalties against him by Thoroughbred racing regulators in Kentucky, California, and Arkansas. NYRA will vigorously defend the action it has taken in this matter.”

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Mike Piazza: Transparency Key To Success With Zilla Racing Stables

When Mike Piazza formed racing syndicate Zilla Racing Stables in June 2012, the upstate New York native said he wanted to merge his love of horse racing with his analytical mindset.

Zilla Racing Stables capped 2020 with a record of 36-10-3-7 on the New York Racing Association, Inc. (NYRA) circuit, hitting the board at a 55.56 percent clip. With a record of 17-3-2-1 through June 10 this year at NYRA tracks, the partnership is building on that success.

Zilla Racing Stables, who offer fractional ownership opportunities to groups ranging from 10-25 people per horse, form partnerships during different times of the year depending on the horse's age. For 2-year-olds, partnerships commence in March; yearling partnerships commence in August; and claiming partnerships are formed throughout the year. Training and other expenses are billed at the end of each month.

Most Zilla Racing Stables' partnerships operate under a standard model where partners pay their share of the purchase price and expenses at a minimum participation rate of 3 percent.

Also offered is a “zero expense model” for a limited number of claiming partnerships; these entail a minimum participation rate of 5 percent, in which partners pay their share of the horse's purchase price plus a one-time administration fee. In this model, additional expenses are paid for by the trainer, who retains a larger portion of the earnings.

Piazza, who grew up 20 minutes from Saratoga Race Course, was introduced to racing by his parents, who were regular attendees at the Spa.

“They went to Saratoga and racing was on TV all the time,” Piazza recalled. “I was always exposed to it. I love handicapping, reading the racing form, and analyzing sheet numbers. I love analyzing things, so I just got so into it. It wasn't even about the money to me. The process of handicapping a race, watching replays, and seeing how the races unfold is what drives me.”

Piazza said he had racing syndicate experience prior to forming Zilla Racing Stables.

“I really enjoyed it and I saw a lot of areas where it could be improved,” said Piazza. “It gave me the groundwork of all the things that partners are looking for, and what things were important to other partners. When I decided I wanted to do this, I never envisioned it becoming as big as it has.”

A graduate of Siena College with an accounting degree, Piazza said he merged his passion with his occupation.

“At the time I started Zilla Racing I was an accountant, so I knew I could handle things on the financial end,” Piazza said. “Given that I loved horses and horseracing, I just merged all the skills I possess into one thing. I felt that I had the ability to put together a partnership on so many levels. With my accounting background, I didn't have to hire a bookkeeper so the cost could be more affordable to our partners.”

Piazza said transparency is paramount.

“If I'm not giving my partners all the information that they're entitled to as owners, I'm not doing my job,” Piazza said. “It's important to also let prospective new partners know exactly what it is that they're getting into. I even put it out there on Zilla's website that most horses lose money, some break even and very few earn a profit. This way, people know exactly what it is they're about to be in for, without any sort of unpleasant surprises. However, just because this business so tough, it's not an excuse to be inefficient and lose money.”

Piazza said new partners joining Zilla Racing Stables can expect an education on the day-to-day responsibilities for owners.

“Our members learn about vetting, training philosophy, what types of races we are targeting and how horses mature physically, especially through their 3-year-old season,” said Piazza. “You see horses really start to take off during their 3-year-old seasons. That's when the races get faster. I try to get them to understand not just how the horse develops, but how the racing office writes certain races. If people do decide to go out on their own, they know what they're getting into after partnering with us.”

Zilla Racing Stables offers syndicate opportunities on a wide array of racehorses.

“Sometimes partners are unsure about a claiming horse or a 2-year-old, so I tell them the pros and cons of both and let them come to a decision for themself,” Piazza explained. “To me, a claiming horse is like an unwrapped Christmas present under the tree. You pretty much know what you're going to get because it's already run, and you can see its form. The 2-year-old is like the Christmas present that's still wrapped. You're excited to see it, but you don't know what's in it, and that's what keeps us all coming back. There's something about chasing the unknown that keeps people wanting more. Often times, claiming horses simply are what they are, but you never know how good an unraced 2-year-old could be.”

Piazza teams up with agent Conor Foley of Oracle Bloodstock to scout unraced 2-year-olds.

“There are multiple things that dictate the price of a 2-year-old: how it breezes, how it bounces out, how he did it, what equipment is the horse wearing, and so on,” Piazza said. “I'll have multiple questions that I ask myself. If the horse is breezing, is it wearing a tongue tie? What kind of bit is it wearing, and I can hear its airway as it gallops by me? After the breeze, they either pass or fail. If they pass, I watch them in slow motion, making sure they are efficient in stride and then narrow it down even more from there. We ultimately narrow it down to about 100 horses that we'll go look at in person. We knock them off based off conformation and our list just gets smaller and smaller.”

In order to secure a horse at a more reasonable sale price, Piazza said he will choose horses with good conformation and an athletic demeanor over a pricier option with a more regal pedigree.

“The more boxes a horse checks, the more money that horse will cost,” Piazza said. “Our budget is limited. Ideally, you want an athlete with a pedigree, great conformation, good size and a good vet report, but I can't afford a horse with it all. So, I have to sacrifice something, sometimes more than one. I will always give on pedigree, but I can't give on the athlete. At our price points, we're looking for horses that are good movers, big strides, clear airways, good vetting, really nice conformation. We just sacrifice a little on pedigree.”

Zilla Racing Stables' top earner is the New York-bred Celtic Chaos [47-10-7-9, $751,431], a three-time stakes-winner, and the richest progeny by blue collar stallion Dublin. Celtic Chaos, a last out seventh on March 13 at Aqueduct, was recently reacquired by Zilla Racing Stables and will receive a well-earned retirement.

“We've been fortunate to have found some of those diamonds in the rough,” Piazza said. “We bought Celtic Chaos for only $55,000 and he's a stakes winner who has earned $700,000.”

Zilla Racing Stables works with a handful of trainers, including 32-year-old conditioner Ray Handal, who saddled English Soul to stakes wins in the 2018 East View at Aqueduct Racetrack and the 2018 Fleet Indian at Saratoga.

“Mike understands the game and wants to win races,” Handal said. “He is very honest and transparent, he doesn't mind taking good news or bad news, and those things always make your life easier. It speaks volumes as to why he's been so successful and runs such a good program. He also was very instrumental in boosting my training career as well.”

Handal and Zilla Racing Stables also teamed up with Kentucky-bred Dealing Justice, who recently won a first-level allowance at Churchill Downs.

“Dealing Justice was a horse who made our list, Conor's list and she was one that Ray thought was his favorite within our budget, so we all matched up on her,” Piazza recalled. “We all matched on English Soul as well and she turned out to be a multiple stakes winner.”

Zilla Racing Stables also employs reigning Eclipse Award-winning trainer Brad Cox, who conditioned Celtic Chaos to two non-consecutive scores in the John Morrissey at Saratoga, as well as six-time winner Out of Trouble, a New York-bred daughter of Into Mischief.

Piazza said working with Cox, who won the Belmont Stakes presented by NYRA Bets with Essential Quality last weekend, is a sign of the syndicate's success.

“To have a guy like Brad as one of our trainers is an absolute honor because he's selective on who he'll do business with,” Piazza said. “For him to accept our horses speaks volumes of what he thinks of us. We've been with Brad for the past few years and it's great to see him win Eclipse Awards for himself and having champion-caliber horses.”

Zilla Racing Stables has also served as a starting point for several other syndicate managers, including Blue Streak Racing's Tim McCoy.

“I've learned from Mike. I've branched out with my own connections, but whenever we chat, we'll ask each other about things. You're always learning something in this business,” McCoy said. “Mike is very hands on. He was an accountant, working full time when I met him. He's very numbers oriented and can see the big picture. He really pays attention and is always detail oriented. He makes himself accessible and I try to emulate that.”

Zilla Racing Stables currently have multiple opportunities to buy into unraced 2-year-olds. Recent $200,000 purchases at the April OBS include a First Samurai colt and a daughter of second crop sire Nyquist out of a half-sister to 2013 Canadian Horse of the Year Up With the Birds.

For more information about Zilla Racing Stables, visit https://www.zillaracingstables.com/.

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New York Anti-Slaughter Bill Passes Both Houses

Both houses of the New York State Assembly have now passed legislation that would prohibit the slaughter of racehorses and breeding stock for both Thoroughbreds and Standardbreds.

The bill will make it illegal to slaughter racehorses or to “import, export, sell, offer to sell or barter, transfer, purchase, possess, transport, deliver, or receive” a horse for slaughter, or to direct another person to do the same. Violations of the law will be misdemeanors punishable by a $1,000 to $2,500 fine per horse, which is doubled for repeat offenders. The proceeds from such fines will help fund aftercare programs.

The new law will also require owners to show proper documentation of transfer of ownership, with liability for a horse's whereabouts falling to the last individual in the Jockey Club's chain of ownership records. It will also require all racing and breeding stock to be microchipped.

The New York Racing Association already has an anti-slaughter policy stating that any owner or trainer found to have sold a horse for slaughter will have stalls permanently revoked.

“This legislation positions New York as the national leader when it comes to responsibly protecting our retired racehorses,” said NYRA president and CEO Dave O'Rourke. “NYRA is proud to have long supported all elements of this important legislation because it reflects our commitment to thoroughbred aftercare. We thank Senator Joe Addabbo and Assembly Member Gary Pretlow, Chairs of the Senate and Assembly Racing, Gaming and Wagering Committees, for prioritizing the health and safety of thoroughbreds in New York.”

The New York Thoroughbred Horsemen's Association also expressed support of the legislation.

“NYTHA and all our members are gratified that we are able to work with animal advocates both within the sport and in the legislature to achieve this historic legislation benefitting horses that are bred and raced in New York,” said NYTHA president Joe Appelbaum.

“This effort was a hard fought and long overdue recognition of an issue that has, for years gone under the radar.  Equines have, for centuries benefitted the world, and served to advance the human condition,” said Gary Pretlow, chair of the Assembly's Standing Committee on Racing and Wagering. “It is impossible to think about our lives today without gratitude for their service and usefulness, and in the racing industry, wonderment at their astonishing speed, agility, power, and gracefulness. Yet for all their value and the joy they bring to us, they often suffer from inhumane treatment by the very industries they benefit. This bill is a strong step in the direction of rectifying this and I am proud to have sponsored and championed it.”

The legislation will go into effect Jan. 1, 2022.

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Saturday’s Cross Country Pick 5 Features Action From Belmont, Monmouth, Woodbine

The New York Racing Association, Inc. (NYRA) will host a Cross Country Pick 5 on Saturday featuring racing action from Belmont Park, Monmouth Park in Oceanport, New Jersey and Woodbine Racetrack in Toronto, Ontario.

Free Equibase past performances for the Cross Country Pick 5 sequence are now available for download at https://www.nyra.com/belmont/racing/cross-country-wagers.

Action commences in Race 7 [4:06 p.m. Eastern] at Belmont Park, when a field of nine older fillies and mares seek a first-level allowance triumph going seven furlongs over the main track. Breaking from the rail, Juddmonte Farms' Entreat makes her first start since a victorious career debut on September 25 at Churchill Downs for trainer Chad Brown. Jeff Drown and Don Rachel's Iaintfraidanoghost cuts back in distance after a four-length victory on February 28 at Aqueduct. Trained by Jeremiah Englehart, the daughter of Ghostzapper scored at fourth asking in a one-turn mile over a muddy and sealed track.

Action shifts to Woodbine Racetrack for the second leg – a 5 ½-furlong maiden optional claiming event over the all-weather surface. Praven Sorenson and Wayne Oliver's Thatsmykindanight seeks a first career win following two runner up finishes as the 2-1 morning line favorite. Carded as Race 7, the second leg of the sequence has a scheduled post time of 4:20 p.m.

The middle leg brings stakes action to the table when Monmouth Park hosts the Grade 3, $150,000 Salvator Mile [Race 10, 4:28 p.m.]. Defending winner Pirate's Punch invades from Kentucky for trainer Grant Forster, making his first start since finishing 12th in the Grade 1 Breeders' Cup Dirt Mile in November at Keeneland. John Fanelli, Cash Is King, LC Racing, Paul Braverman and Team Hanley's Ny Traffic returns to Monmouth Park after a narrow defeat in last year's Grade 1 Haskell Invitational. Trained by Saffie Joseph, Jr., Ny Traffic arrives off his best Beyer Speed Figure yet when garnering a 103 when defeating his New York-bred counterparts by 6 ¾ lengths going seven furlongs at Belmont Park.

Woodbine gets back in on the action in an open maiden special weight for 3-year-olds and upward going one mile over the turf for Race 8 [4:51 p.m.]. Hall of Famer Roger Attfield sends out regally-bred Speightstown Shirl – a daughter of prolific sire Speightstown out of 2011 Breeders' Cup Filly and Mare Turf winner Perfect Shirl – for her fourth start after finishing second in all three previous efforts. Eclipse Thoroughbred Partners and Gary Barber's Astrological, a bay daughter of Malibu Moon and half-sister to 2018 Woodbine Oaks winner Dixie Moon, makes her career debut for Hall of Fame trainer Mark Casse.

A field of 11 turf maiden special weight aspirants closes the curtains on the sequence in a 1 1/16-mile event, carded as Race 11 with a 4:58 p.m. post. Hall of Fame trainer Todd Pletcher will debut Lumino, a son of Medaglia d'Oro out of Exotic Bloom. Owned by Phoenix Thoroughbreds, the 4-year-old dark bay is a half-sibling to 2015 Breeders' Cup Distaff winner Stopchargingmaria and was bought for $2.1 million from the 2018 Keeneland September Yearling Sale. Pletcher also sends out Jackpot Farm's Freer, who makes his second career start after finishing second on April 24 at Gulfstream Park.

The minimum bet for the multi-track, multi-race wager is 50 cents. Wagering on the Cross Country Pick 5 is also available on ADW platforms and at simulcast facilities across the country. Every week will feature a mandatory payout of the net pool. The Cross Country Pick 5 will continue each Saturday throughout the year. For more information, visit NYRABets.com.

Cross Country Pick 5 – Saturday, June 12:
Leg A: Belmont Park – Race 7 (4:06 p.m.)
Leg B: Woodbine – Race 7 (4:20 p.m.)
Leg C: Monmouth Park – Race 10, G3, $150,000 Salvator Mile (4:28 p.m.)
Leg D: Woodbine – Race 8 (4:51 p.m.)
Leg E: Monmouth Park – Race 11 (4:58 p.m.)

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