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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The Week In Review: Can A Racetrack Have A Perfect Safety Record? Del Mar Is Getting Close

It's often been said that, no matter how hard the sport works to become safer, there will never come a time when there are zero fatalities. Unfortunately, that's probably true. But at the recently concluded Del Mar meet, not a single horse suffered a fatal breakdown during a race. Not once did a horse break a leg, crumple to the ground and then have to be euthanized behind a curtain blocking the view of a horrified public, the story making its way into the newspapers or the local news and on to PETA's list of reasons why horse racing should be banned.

(One horse was injured during a dirt race, had to be operated on and, five days after the accident, had to be put down due to complications. Three horses died during morning training due to traditional musculoskeletal injuries.)

In a meet where there were plenty of highlights, Arabian Knight (Uncle Mo) winning the GI Pacific Classic, the brilliant victory by Tamara (Bolt d'Oro) in the GI Del Mar Debutante, the dominance of Jockey Juan Hernandez, nothing was more important than Del Mar's safety record. These are the types of stories racing so badly needs in the midst of so many other tracks having nightmarish meets when it comes to breakdowns and these are the types of numbers that give you hope other tracks can get their fatality levels down to Del Mar levels.

And the story was much the same in 2022. There was not a single fatality that occurred during a race that year either. Officially, Del Mar had two equine deaths in 2022 that were once again the results of horses being injured in race only to be put down a few days later after attempts to save their lives were unsuccessful. Del Mar has not had a fatality during a race since 2021, when one horse died during a 2-year-old dirt race.

“We've been very fortunate and have put in a lot of hard work,” said Del Mar President Josh Rubinstein. “This is more a California story than just a Del Mar story. The numbers at Santa Anita have also been very good and both tracks have benefitted from the efforts from the CHRB. The biggest thing is there's clearly been a culture change and our horseman and horsewomen have really embraced the reforms we've implemented, which hasn't always been easy. Without their buy-in we wouldn't have gotten to where we are now.”

This was not always the case. Before there was Santa Anita 2019 when 30 horses had to be euthanized over a six-month period, Del Mar was having some high-profile problems of its own. When it took out its synthetic track after the 2014 meet, the number of fatalities per 1,000 starts jumped from .69 to 2.28 But it was not until the 2016 meet where the numbers went completely south and turned Del Mar into what may have been the deadliest racetrack in the country. During 54 days of racing, there were 12 fatalities during racing and they occurred at a rate of 3.01 per 1,000 starts. The national rate was 1.54 per 1,000 starts. Worse yet, 11 horses broke down during training hours, giving Del Mar 23 total fatalities for the meet that lasted just 54 days.

“You hate for this to happen anywhere but when something like this happens in California there is a massive spotlight on you, something you don't want to see. It was difficult. It really forced us to look at every single piece of the racing operation. We spent a lot of long days and nights figuring out how we could improve and get better, starting with 2017. Fortunately,  we have continued in the right direction.”

Del Mar management realized that something had to be done and that if the numbers did not improve that could have a cataclysmic effect on the sport. Much of the reforms now seen throughout California, began at Del Mar after the 2016 meet. The number of fatalities per 1,000 starts dropped to 1.50 for 2017. Since, that number has been .79, .62, .28 and .56. Depending upon how the case of the horse who died a few days after surgery is handled, the 2023 number could be zero.

The California/Del Mar play book is to have veterinarians examine a horse again and again and again before they are given the green light to race.

“There are all the veterinarian checks and the things that go into getting a horse ready to go on race day,” Rubinstein said. “With all the vet checks, the CHRB they've been terrific. While we do have our own track vets that oversee morning training and assist with the exams, the majority of the vet checks are by the CHRB. They have been terrific to work with as have industry stakeholders like the TOC. It costs more to get a horse to the races with these reforms and checks and for the most part the owners have been very much on board. It really has been a team effort.”

After 2016, the Del Mar team also realized that vet checks alone would not be enough.

Dennis Moore was brought in to oversee the main track and John Beggin was hired to oversee the turf course.

“We believe we have the best in the business in our main track superintendent, Dennis Moore, and John Beggin, who handles the turf course,” Rubinstein said. “They've both done a terrific job. On the main track, Dennis puts in a tremendous amount of hard work in the off season getting the track ready. Every day, he's looking at different levels, compaction levels, moisture levels. He works to insure the track is dialed in to be consistent, safe and fair. You talk to the horsemen and overall they are extremely pleased with main track and turf course here.”

Most tracks don't have the resources Del Mar has and can't afford to hire extra veterinarians, expert track superintendents or to put in such things like PET scans. But that doesn't mean they can't do better. Though the rate of breakdowns in this country is still way too high, Del Mar has proven that no track should settle for the status quo. They went from one of the most dangerous tracks in the country to one of the safest and all it really took was some effort and determination to solve an awful problem. They've done so well that perfection seems like an attainable goal.

At Gulfstream, Playing the Name Game

You might have noticed that trainer Jose Di Angelo won both divisions of the Florida Stallion S. Saturday at Gulfstream, taking the filly version with Welcome Back (Adios Charlie). Three races later he won the division for males with a horse named Bentornato (Valiant Minister). Bentornato means “welcome back” in Italian. The horses are owned by different owners, and the names are simply a coincidence.

“With Bentornato, I picked the horse out when he was at a baby sale at OBS (where he was bought for $45,000),” Di Angelo explained. “The owner pinhooked the horse and the guy that bought him from him returned the horse. That's why he named him Bentornato or Welcome Back. The other horse was always named Welcome Back.”

Saratoga Horse of the Meet

Each year Del Mar announced its “Horse of the Meet”, a long-standing tradition that takes place at the conclusion of the meet. It was Pacific Classic winner Arabian Knight. The voting is conducted among a panel of experts. How about Saratoga doing the same thing, bestowing what would be an important honor of the most outstanding horse at the sport's most important meet? My vote would have gone to Casa Creed (Jimmy Creed), but strong cases could have been made for Echo Zulu (Gun Runner) and Arcangelo (Arrogate). In addition to handing out the award, how about giving a cash prize to the groom, hotwalker and exercise rider of the winner. Say $25,000 each, money that can go a long way toward helping the unsung heroes of the backstretch.

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Letter To The Editor: An Open Letter To The Horsemen

by Beau Lane

Rumor has it that Mike Repole said he was going to get out of the business if things didn't change. Well, I can see how Mr. Repole could feel that way; he's had some real kicks in the behind this year. But the racing industry needs more people like Mike Repole. He goes to the sales, buys nice horses, goes to the races, and takes his chances. He spends more than most and has Todd Pletcher for a trainer (there is no better), and so his chances are better than most.

Everything has changed so fast this year. All of a sudden, we have this new entity (HISA) that has taken complete control of our industry. They basically have the power to shut anyone down at any time. I don't like it and neither does anyone else trying to make a living with racehorses, especially those that are “hands on”. We have people controlling our lives and our livelihoods that don't know anything about us or our horses. Perfect example of the tail wagging the dog.

This is America, or what's left of it. Blaming the cheaters (1%} for our problems is a load of crap. They are essentially using the media to slander individuals, our livelihoods, and our whole sport  with no recourse, even if they're wrong. The damage is done by that point, which is their goal. This is a gambling game. Our purse money has always come from some form of gambling. The best way to save this industry is to fill those gates; our racetracks needs to realize this. Our economy is such that it is going to hit the horse business sooner or later. During the Great Depression, racetracks were one of the few businesses that thrived. Every time a track closes, be it large or small, it weakens us all. The people trying to control us act like they couldn't care less. This won't do.

Dr. Allday, one of the best racetrack vets in the world, says a horse can run. But a vet that has been out of school for a very short amount of time says it cannot. They, of course, listen to the least qualified person which may have cost us another Triple Crown winner. Come on, get real. Where is the reality in our sport anymore? PETA does not control us. Give into that bunch… well, don't get me started.

The small breeder, the small trainer, the small owner… they are the backbone of this industry and don't you ever forget it. Get down to where the rubber meets the road. Support the HBPA–the people that support you. Tracks, support your horseman. Our business is not run by PETA or any other power group. No more tail wagging the dog. I love this business and its people.

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Congressman Demands Investigation Into Derby Week Fatalities

In a letter released to the media Friday afternoon, U.S. Representative Earl Blumenauer (D-Oregon), along with 15 bipartisan supporters, are urging the Horseracing Integrity and Safety Authority (HISA) to launch an investigation into the equine deaths at Churchill Downs earlier this month.

Addressed to HISA CEO Lisa Lazarus, Blumenauer's letter requests a response within 60 days and makes note of figures from the Equine Injury Database showing that between 2009 and 2021 some 7,274 Thoroughbred fatalities have occurred on American racetracks.

The Congressman urges HISA to make the findings of any investigation public, and encourages the group to review the horses' necropsies and medical records–which has been a standard part of mortality reviews in Kentucky for years and is spelled out in the existing HISA racetrack safety rules.

This story was first reported by The Paulick Report. Click here to read a copy of the letter.

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