Paulick Report | Horse Racing Free Tips

After Close Vote, CHRB Tables Question Of Increased Penalties For Whip Violations

After hearing a variety of opinions on the question of increasing financial penalties for whip rule violations, the California Horse Racing Board (CHRB) voted Tuesday to put off making a decision.

The proposed rule change before the board would have required stewards to issue a minimum $500 fine for a whip rule violation and would have given them leverage to fine a rider as much as 50 percent of their earnings in a graded stakes if they finish first, second, or third and have a history of violations. The current rule language caps fines at $1,000 and a minimum suspension of three days.

The reasoning for the proposed change was that riders may see the existing fine structure as either “the cost of doing business” or a worthwhile trade off for a better finish in a prestigious race, reducing compliance in situations with higher earning potential.

Attorney Shane Gusman, representing The Jockeys' Guild in the matter, objected to the proposed rule language, saying that it made the jockeys' behavior the sole subject of criticism and said the proposed fine was unreasonably high for riders who don't earn huge checks regularly.

“The penalty revisions exacerbate what is already an unfair system in our view, which focuses on the conduct of the jockeys, rather than a more equal system that looks at the conduct in racing as a whole,” said Gusman, who points out the rule language would allow for a minimum $500 fine for even one hit over the limit. “There are other penalties under the CHRB rule structure where if there's a violation, the entire team is penalized.”

“The jockey is the one who has control of the crop, sir,” said CHRB chairman Dr. Greg Ferraro. “There's an easy way to avoid this fine and that's to not violate the rule.”

The Thoroughbred Owners of California president Greg Avioli voiced concern about “unintended consequences” of the proposed changes to the rule and urged the CHRB to hold off further rule changes until a national rule regarding the whip can be implemented.

Predictably, non-industry observers used the public comment period to point out incidents of excessive whip use — some of which took pace outside the state — and highlight the negative public perception around permissive whip rules. Industry representatives, including trainers Doug O'Neill and Jenine Sahadi, voiced opposition to the proposed rule, which they thought was unfairly harsh on riders and was designed to address public misconceptions about the use and construction of the modern whip.

There was division within the board, also.

“I'm watching the races here and I feel like all jockeys are doing a great job, riding with the crop down,” said CHRB board member and former jockey Alex Solis. “The other thing is we keep losing riders … We've lost a bunch of riders and I'm afraid we're going to lose more. People think the jockeys make so much money but they don't remember you have to pay 20 percent to your agent, 5 percent to your valet, and your taxes. California is an expensive state to live in. We're really going to add more?”

CHRB board member Oscar Gonzales said he believes California riders have made an effort to change to comply with the new rules and that the board needs to work harder to retain riders — but he is worried about the issue at big events.

“I believe that in protecting the brand of horse racing, we have to continue to innovate,” said CHRB board member Oscar Gonzales, citing the upcoming Breeders' Cup as the main impetus for this potential change.

Commissioners Gonzales, Davis, and Mitchell voted not to table the motion, while commissioners Alfieri, Ferraro, Castellanos, and Solis voted to table it.

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Ramseys Hit With Two Civil Suits Seeking Nearly $2 Million In Unpaid Training Bills

Multiple Eclipse Award-winning owner/breeders Ken and Sarah Ramsey have been hit with a second lawsuit from one of their trainers while in the process of settling a separate suit filed last week by another. Wesley Ward filed suit against the Ramseys in Jessamine County Circuit Court March 19, while Mike Maker filed suit in Fayette Circuit Court a week earlier. Each case centers around just under $1 million in delinquent training bills.

Ward alleges that the Ramseys owe $974,790.40 in unpaid training bills, trainer's portion of winning purses, and interest. Invoices attached to Ward's suit show balances stretching back to June 2020. Although Ward concedes Ramsey has made payments in the months since, with one $50,000 payment days before the lawsuit was filed, the balance has remained in the high six figures throughout that period as training bills continue to mount.

Maker's suit alleges the Ramseys have been delinquent on training bills in his case for “almost four years” and their current balance owed to him is $905,357.29 – down from the $1.25 million they owed last summer. Maker's suit stated the couple promised to pay him in full by the end of 2020, but that did not happen. According to the complaint, Maker said $543,597.26 is more than 90 days past due.

When reached by phone last week, Ramsey said he was surprised to learn Maker had filed suit against him and was eager to work out a deal to pay Maker in full in exchange for the suit being withdrawn. As of press time, Maker's suit remained open per digital court records.

“I thought we had things worked out and I thought I had a schedule to get things worked out on,” said Ramsey, citing his long-standing relationship with the trainer. “I'm shocked. I didn't think he'd file a lawsuit because my assets well exceed what I owe him, by far.

“It's not that I'm not paying, it's just that I guess I'm not paying fast enough. I have never beaten anybody out of a dime.”

Ward and Maker both filed UCC-1 financing statements with the Kentucky Secretary of State to create liens against the horses which had racked up the unpaid invoices. Maker placed liens on 27 horses, while Ward placed liens on a separate group of 44 horses. Both trainers have had some of those horses leave their possession through retirement or claiming, with Maker down to just three still in his barn: Artie's Rose, Risk Manager, and Telephone Talker. Ward's suit seeks a court order to sell the horses named in his lien, with proceeds being applied to the unpaid balance, as well as any ongoing expenses from his day rate of $110.

The Ramseys have won the Eclipse Award for Outstanding Owner four times (2004, 2011, 2013, and 2014) and the award for Outstanding Breeder twice (2013 and 2014). Since 2000, Equibase reports the couple has won 2,217 races from 9,790 starts for total earnings of more than $97 million. Their annual earnings have fallen from their peak in 2013 of over $12 million, and last year the stable brought in $2.3 million from 274 starts. Their Ramsey Farm in Nicholasville, Ky., was the longtime base for the operation's homebred and centerpiece stallion, Kitten's Joy, who relocated to Hill 'n' Dale in 2018.

Last year, Maker was also one in a long line of horsemen who were carrying outstanding balances by Zayat Stables. Ahmed Zayat filed for Chapter 7 bankruptcy protection in September 2020, listing an outstanding balance of $120,921.88 to Mike Maker among other creditors.

Maker trained a number of the Ramseys' graded stakes winners, including Vicar's In Trouble, International Star, Oscar Nominated, Admiral Kitten, Al's Gal, Kitten's Dumplings, Furthest Land, and Shining Copper.

Ward has trained graded stakes winners Artie's Princess, Emotional Kitten, Holiday for Kitten, and Pleasant Prince for the Ramseys. Ward was also tasked with accomplishing Ramsey's goal of getting a winner at Royal Ascot, which Ramsey has yet to attain.

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Letter To The Editor: The Place Of The Whip In Horse Racing

The whip in horse racing:

Reading this letter, one is entitled to ask: 'Who are you, to pass comment on such a contentious issue, when you have never ridden in a race?'

This is a fair comment. But as many sportsmen, whether they are golfers, tennis players, or gymnasts know, it's a bit of a not seeing the wood for the trees conundrum: because a jockey, like a boxer in a frantic fight, is often consumed in the moment of a tight finish, driven on by adrenalin, not rational thought. And invariably, when confronted with video evidence, they are most contrite.

Twenty-five years ago, I won an Eclipse Award for a radio broadcast on this very subject. And, listening to the words of Frankie Dettori, Sandy Hawley and Ted Walsh, at that time, it is evident that little has changed in the debate, even though animal rights' activists are far louder in their criticism, these days.

They say that great jockeys have great hands. Hands that immediately convey calm and confidence to any horse that they alight upon. These same hands send messages. Relax. Time to get going. And a whip, for them, is much like a balancing bar for a tight-rope walker: they wave it rhythmically in time with pumping the reins, driving their mounts to the wire.

The whip can get attention. It can steer. Now and again, it can convey urgency. And anyone who has stood at the three-eighths pole, as a field of horses leaves the backstretch and the race gets serious, will hear all manner of chirping, whistling, shouting, and the smacking of whips as riders urge their mounts on. This is natural. This is competition. But what is not acceptable is flogging horses that are well beaten, and/or striking them in the ribs (behind the girth) or even worse, around the sheath or teats.

Having worked as a traveling head lad in a top stable in France many years ago I would see horses returning after races with shocking welts that would put them off their feed and often not disappear for days. And today, at every racetrack, I strongly believe that commission veterinarians should inspect every horse after each race for signs of abuse, taking photos as evidence, and then hand out suspensions and fines based upon what they see, rather than what videos actually show.

As the great Willie Shoemaker once said, 'More horses are beaten out of the winner's circle than into it.'

Every jockey should be reminded of this. And perhaps, remembering what a great jockey he was, they will think twice before beating up an animal that is responsible for their bread and butter.

–Robin Dawson

If you would like to submit a letter to the editor, please write to info at paulickreport.com and include contact information where you may be reached if editorial staff have any questions.

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Steffanus: Blessed Be Dr. Phyllis Lose, Faithful Sage To Mare Owners

Every breeding and foaling season since 1978, countless mare owners have turned to their bookshelves for help from America's first woman equine veterinarian, Dr. M. Phyllis Lose. Her two indispensable manuals, Blessed Are the Broodmares and Blessed Are the Foals, inform and entertain first-time broodmare owners as well as experienced breeders. She presented important information interspersed with anecdotes of her experiences that enabled even the novice owner to grasp and implement the concepts she sought to explain.

In 1957, Dr. Lose obtained her V.M.D. from the University of Pennsylvania, and she embarked on a lifelong adventure as the first woman to establish an equine-only practice in the United States, just outside the gates of then Philadelphia Park. Despite skepticism that a woman could excel at equine practice, Dr. Lose's medical expertise and her ability to read horses were so extraordinary that soon horsemen thought of her only as a “darn good vet,” and they entrusted her with their best horses.

Despite a lifetime of remarkable accomplishments, Dr. Lose passed away quietly on Sept. 30, 2019, at age 93, with only a meager obituary in the local Florida newspaper. She was the first woman member of the American Association of Equine Practitioners and the author of seven groundbreaking studies published in various veterinary journals. Her autobiography, No Job for a Lady, was honored by Readers' Digest, and in 2002, her alma mater bestowed on Dr. Lose its Alumni Award of Merit.

Among her early surgical achievements were development of a correction for club-foot in neonates; removal of ovarian tumors; removal of urinary bladder stones; and a refined technique to correct retained testicles.

Dr. Lose was the official veterinarian for the Devon Horse Show in Pennsylvania for 20 years, plus she cared for the horses of the Philadelphia Mounted Police. Occasionally, she answered calls from the Philadelphia Zoo and the Barnum & Bailey Circus.

Working alone with her sister Norma as her manager, Dr. Lose often ventured into the night accompanied only by her little dog Oscar to respond to emergency calls, many of them for broodmares experiencing difficult foaling. Even in her 70s, Dr. Lose continued to make farm calls on her Harley-Davidson, but minus Oscar, whom she trained to win the national Purina trick-dog contest. In her later years while living in Haines City, Fla., Dr. Lose diligently pursued Oscar's career in the movies, producing The Oscar Lose Story in 2008, which earned the Dove Award for family entertainment.

In her personal life, Dr. Lose won nine gold medals (out of nine efforts) in the Senior Olympics for cycling. She also won competitions in snowmobiling, snow racing, and drag racing.

She owned and rode Pennsylvania State Champion jumping mare Cassadol, the national high-score winner in open jumping.

Dr. Lose never married or had children but had no regrets about it, telling me once, “I love men, but in very small doses.”

In 2012, while looking back at her career and the girls she had inspired to become equine veterinarians, she said, “It's a privilege just to be able to live our lives with horses.”

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