West Virginia Trims Dates For ’24, Exact Schedules Hinge On Outcome of HISA Legality

Both Charles Town Races and Mountaineer Park got approval Wednesday from the West Virginia Racing Commission (WVRC) to reduce live racing dates in 2024 compared to recent seasons.

The Horsemen's Benevolent and Protective Association (HBPA) chapters at both tracks supported the diminished schedules based on available purse funds and projected horse populations.

Right now the placeholders are 158 dates for Charles Town and 121 for Mountaineer.

But the exact number of programs will ultimately be contingent on the outcome of several overlapping federal lawsuits that have to do with the legality of the Horseracing Integrity and Safety Act (HISA).

In July of 2022, the states of West Virginia and Louisiana won a preliminary injunction that has kept the HISA rules from being implemented in those two states until their lawsuit challenging the constitutionality of HISA gets decided in full.

Then in September of 2023, the judge handling that case ordered it to be “administratively terminated” until the United States Fifth Circuit Court of Appeals made a ruling in a separate (but related) suit in which the National HBPA is also alleging that HISA is unconstitutional.

Oral arguments in the HBPA vs. HISA case were heard Oct. 4 but no Fifth Circuit decision has been issued yet.

WVRC executive director Joe Moore explained during the Dec. 13 meeting that if HISA were to be deemed legal nationwide and/or the court's injunction barring implementation in West Virginia got lifted, both tracks would need to recalculate how much purse money was available and how many racing dates those funds could cover.

That's because Charles Town and Mountaineer would be subject to HISA assessments for safety oversight and drug testing services that they currently don't pay because of the injunction that grants them an exception.

According to HISA's 2024 budget, West Virginia's assessment for next year is $4,448,269 (Charles Town $3,281,367; Mountaineer $1,166,902).

Moore said that “if HISA were to become effective in West Virginia, I suspect Charles Town and the horsemen would consider reducing their race days by a number to ensure that there were purse monies available after the [HISA] assessments were calculated for them.”

Charles Town's director of racing, Charlie McIntosh, concurred.

“If HISA were to come back into effect, we'd have to sit down and evaluate” funding options, McIntosh said.

Mountaineer gate | Coady Photography

No representative from Mountaineer spoke on the track's behalf during the meeting.

The two tracks handled their dates reduction requests differently. Charles Town asked for and received 158 dates but left the door open to come back to the commission for a further reduction request if necessary.

Mountaineer took the opposite approach, asking for and receiving the commission's approval for two dates contingencies so the track wouldn't have to come back a second time to request another trim if HISA gets legalized in the state.

So the WVRC approved 121 dates for Mountaineer, with Moore explaining that “if feasible and [if West Virginia continues to] remain exempt from HISA, their number of live race days would increase to 128.”

Moore said Mountaineer's season would run Apr. 28-Dec. 4 under the first contingency, with the meet extending through Dec. 11 if the second plan got utilized.

Charles Town's 2024 schedule, according to the track's website, will consist of four- and three-date weeks nearly year-round, with breaks Aug. 25-Sept. 11 and Dec. 15-31.

Charles Town's 158 dates for 2024 continues a downward trend. The track was awarded 164 dates in 2023 and 179 in 2022.

Unless Mountaineer ends up running the bumped-up 128 dates, its 121-date allotment also represents a decrease, from 124 dates in 2023 and 130 dates in 2022.

(All dates cited above are based on dates as originally assigned by the commission, and do not reflect any in-season program losses that might have occurred because of weather cancellations.)

Even in years when the costs of HISA assessments have not been in play, the awarding of race dates in West Virginia has been a somewhat confusing several-step process. A state statute requires Charles Town to apply for 220 programs every year, and Mountaineer is required to apply for 210 dates. But those quotas haven't been reached for quite some time.

What has ended up happening in recent seasons is that after the initial approvals of those mandated 220 and 210 dates every November by the WVRC, both venues have subsequently come back before the commission to ask for reductions that reflect what each track and its HBPA representatives think is a workable schedule.

The dates reduction votes were unanimous Dec. 13, with WVRC chairman Ken Lowe Jr. and commissioner J.B. Akers voting in the affirmative, while commissioner Tony Figaretti was listed as being absent from the meeting because of a travel conflict.

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With ’25 the New Target for Racinos, Optimism Accompanies ’24 Illinois Race Dates

Illinois racing is still struggling to recover from the twin blows of the 2021 closure of Arlington International Racecourse and the inability of the state's two surviving Thoroughbred venues–Hawthorne Race Course and FanDuel Sportsbook & Horse Racing–to follow through with building their proposed racinos that were legalized back in 2019.

Yet Thursday's Illinois Racing Board (IRB) meeting was conducted with a noticeably welcome tone of cautious optimism, as commissioners unanimously approved 2024 race dates against the backdrop of revamped racino construction schedules at both venues that could mean gaming revenue will finally be flowing into the state's Thoroughbred purse accounts by 2025.

Hawthorne, just outside Chicago, was granted a bump upward to 78 programs for 2024, an increase of 10 days over this year's schedule. Instead of closing on Labor Day, next year's meet will extend through mid-October.

FanDuel–which almost everyone who spoke at the meeting still refers to by its nearly century-old name, Fairmount Park–in 2024 will race a similar 62-card template as it did this season.

But the track 280 miles southwest of Hawthorne (just over the Mississippi River from St. Louis, Missouri) will have to share Saturday racing with Hawthorne for the bulk of next year as Hawthorne attempts to build its season around night and weekend racing to avoid horses competing amid loud and intrusive construction of the racino.

Hawthorne for decades has had a decidedly blue-collar reputation. But for the past two years it has been thrust into only-game-in-Chicago leadership status after the devastating exodus of the more opulent and suburban Arlington, which was sold and is being redeveloped as the possible site for a football stadium.

Tim Carey, Hawthorne's president and general manager, did not spare superlatives when he painted a vision of the future for the track that his family has owned since 1909.

“I truly believe that Illinois horse racing is on the precipice of an incredible renaissance, that will not only uplift our local participants, but will re-establish Chicago racing to national prominence,” Carey said, adding that the plan to bring the racino to life would transform Illinois into “one of the most exciting and prosperous markets for horse racing in North America.”

Yet every time Carey referenced the long-awaited racino during the Sept. 21 meeting, he was careful to get it on the record that everything he was promising was predicated on the Illinois Gaming Board signing off on details of the deal in a timely manner.

“They, of course, still have to approve everything that we do–financing, the commencement of construction,” Carey said. “We don't have that yet. We need to provide that to them.”

Fairmount Park/FanDuel Sportsbook | T.D. Thornton

Melissa Helton, the president and general manager at FanDuel/Fairmount, estimated the same 14-month start-to-finish construction phase for her downstate track as Hawthorne's management was outlining.

“We're hoping by the end of the year to have that started,” Helton added. She didn't bring up–nor did commissioners ask her–about how construction would affect the horses at the two-days-a-week 2024 meet (Apr. 16-Nov. 16).

Chris Block, the president of the Illinois Thoroughbred Horsemen's Association, expressed confidence in Hawthorne's plan. Perhaps as early as Sept. 22, his organization is poised to sign a two-year deal for racing there.

“The horsemen are going to have to suck it up again and start training at five in the morning to accommodate construction, and [Saturday racing] is going to be a necessity for us when we're under construction,” Block said. “We're going to need to run on Saturday and Sunday, and [Thursday] evening. So the horsemen are ready for that [and] we look forward to that. We're working together, we're going in the same direction with something that is an absolute necessity in this day and age in the Illinois horse racing industry.”

But, Block added, “I really, really, really look forward to 2025, and the operation of that casino, and the rebirth of Illinois horse racing, and a positive direction not only in breeding, but in racing.”

Hawthorne is also pledging to move forward with plans to identify and build a second racino that would eventually be the separate home of commercial Standardbred racing in greater Chicago. That would mean Thoroughbred and harness horses would no longer have to share the same venue, which is what currently keeps both breeds from year-round racing in the state.

Carey said Hawthorne will cease its 2023-24 fall/winter harness meet in time for the track to be converted for Thoroughbred training by Feb. 13.

Hawthorne's 2024 Thoroughbred meet will open Mar. 23 with Saturday and Sunday racing until June 21, when the schedule expands to three days weekly by adding Thursday evenings until the meet closes Oct. 13.

In 2023, Hawthorne originally had Saturdays on the schedule. But the IRB in April approved a request to move those Saturdays to Thursdays, with Hawthorne management advocating at the time that switching to Wednesdays, Thursdays and Sundays would be a better business decision handle-wise. It also eliminated the Saturday overlap with FanDuel/Fairmount, which traditionally races Tuesday afternoons and Saturday evenings.

The racino construction has changed those business parameters, and Hawthorne's 2024 request to go back to Saturdays came as a surprise to FanDuel/Fairmount.

“Today is the first day I'm hearing that they were going to pick up on Saturday,” Helton said. “The last conversation I had with [Hawthorne racing director] Jim Miller, they were keeping their schedule the same, [and] obviously it will impact how many horses we have on the field.”

Asked for his take prior to the commissioners voting 9-0 to endorse the Saturday overlap, Illinois Horsemen's Benevolent and Protective Association president Jim Watkins, who trains horses at both venues, said he didn't think the two tracks running on the same day (Hawthorne in the afternoon, Fairmount in the evening) would be a big deal.

“I think it's workable,” Watkins said. “The other option for Fairmount would be to go to a lesser [weekday], and that, of course, would hit us in the pocketbooks [via loss of handle revenue], and we're not in great shape.”

Yet a couple of moments later, Watkins painted a more positive picture of the current meet at FanDuel/Fairmount, which is scheduled through Nov. 18.

“The purse account is in a good position, nearly $1 million to the positive, so the horsemen are not in debt to the track,” Watkins said. “We anticipate, because of funds that have come in, that we will be able to have, for the fourth year in row, a purse increase of hopefully 10-20%.”

Watkins also noted that “we've gone to eight races a day [from the IRB-mandated seven], and if the entries stay as strong, we're anticipating possibly nine or 10 races some days. The horse population, since the closure of Hawthorne on Labor Day, we've gone from 572 to 676 with a few more stables bringing a few more in.”

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Overlap Between Ferndale and Golden Gate Still in Limbo

A dispute that began in October over whether Ferndale (Humboldt County Fair) will once again have to run its second of two weeks of racing at the end of August against overlapping competition from the commercial licensee Golden Gate Fields (GGF) will now likely extend into March.

There are multiple reasons for the impasse. But the two main sticking points that emerged at Thursday's California Horse Racing Board (CHRB) were:

1) The two tracks, plus stakeholders from the California Authority of Racing Fairs (CARF), Thoroughbred Owners of California (TOC), and California Thoroughbred Trainers (CTT), couldn't present a unified compromise to the CHRB after being given three months to figure one out.

2) The CHRB itself failed to vote in a solution one way or the other, because two commissioners were absent from the regularly scheduled monthly meeting.

The lone motion that came up for the vote–to give Ferndale the entire two weeks un-overlapped in exchange for financial considerations to GGF that would be determined later–resulted in three yes votes and two nos.

But the results of the vote didn't count because the CHRB can't pass any measure unless at least four commissioners vote on the majority side.

“It looks like the horsemen are probably going to be getting an overdue vacation if we can't fix this,” said a frustrated CHRB vice chair Oscar Gonzales in the wake of seeing the motion he proposed fail.

Because the CHRB has already canceled its February meeting (and barring the unlikely event of an “emergency” meeting being called for in this case), the earliest the vote on the overlapped or un-overlapped week of dates could come up again is at the Mar. 16 meeting.

Back in October, the CHRB had voted in a 2023 race dates calendar for NorCal that largely mirrored the framework from the 2022 schedule.

The lone exception was that the board held off on a decision on the Ferndale vs. GGF one-week overlap. The two license applicants then requested more time to reach a compromise so commissioners wouldn't have to impose one, but their negotiations ended up not being fruitful.

On the pro-Ferndale side, testimony at CHRB meetings in recent months (and again on Jan. 19) has centered around preserving small-community racing; keeping alive the tradition of the fairs; Ferndale's stated necessity that a second week of un-overlapped racing is required for any racing there to be viable; Ferndale regularly out-drawing GGF in attendance, and the purported roles Ferndale plays in growing new fans and helping lower-level horse outfits survive.

In favor of giving GGF racing during the second week of Ferndale's meet, proponents have cited GGF's allegedly greater importance as the linchpin of NorCal racing, its ability to offer grass racing, and the additional purse money that would flow into the pockets of year-round, higher-level stables.

Commissioners have also taken note of recent upheaval and legal woes involving Ferndale. Back on Nov. 15, police arrested the fair association's bookkeeper on charges of embezzlement, and the fair association's general manager and three long-time directors have also recently stepped down.

A new GM could be in place by the end of the month, Jim Morgan, the legal counsel for the Humboldt County Fair, told the CHRB on Thursday.

“We're not against Golden Gate,” Morgan told commissioners while pleading his case for no overlap and two weeks of racing. But, Morgan added, “they do run in [10] of the 12 months out of the calendar year. So one week to Golden Gate doesn't mean as much as one week to Humboldt…

“We've been perceived as a minor-league venue and there is some truth to that,” Morgan said. “But we're also a gateway venue” that draws new fans, horse owners and horses into California's overall racing ecosystem.

Larry Swartzlander, CARF's executive director, said his organization has tried to broker a deal that gives Ferndale its solo two weeks in exchange for paying purse money to GGF.

“CARF's goal, if we get the second week un-overlapped, [is] obviously we want to raise purses at Humboldt,” Swartzlander said. “We want to make racing better. And we all understand that Humboldt is never going to have the same level of racing of Golden Gate or Pleasanton…

“CARF's position was to offer [$200,000 in purses] to Golden Gate,” Swartzlander said. “Golden Gate's counter is that they would prefer to have [bet] commissions. CARF's position is if we give up commissions [the deal] wouldn't work.”

David Duggan, the general manager and vice president for GGF, told the CHRB that, “I don't see any light at the end of the tunnel for us coming to a suitable arrangement.”

When CHRB chairman Gregory Ferraro, DVM, asked what losing that one week of racing would cost GGF, Duggan replied, “Off the top of my head, mister chairman, it would certainly be north of $250,000 [in commissions].”

Bill Nader, the TOC's president and chief executive officer, said the value of GGF's turf course “shouldn't be understated” during the summer months.

“I think it's important for the viability of Golden Gate, and also for the purse structure, that we go with the overlap of the two weeks, so we support the Golden Gate Fields position,” Nader said.

“We respect Ferndale as a complementary player in the overall landscape of racing in northern California. But in the lead role, maintaining the overlap and giving Golden Gate [that week is] important for the California horse population, for the ability to be able to run on the turf, and also for people who are supporting racing as fans,” Nader said.

“A half-mile track is something that's interesting for a short period of time,” Nader continued. “But it's not the brand that we want to present for California racing, particularly at that time of year.”

Alan Balch, the CTT's executive director, said he agreed with the TOC's position, adding that “more than anywhere else in the state, [NorCal] trainers are also owners. And we look at [being able to race at GGF] as maximizing racing opportunities.”

Commissioner Wendy Mitchell framed the question in terms of serving a constituency.

“Ferndale is a remote, northern California location [in which] there's a community concerned,” Mitchell said. “This is a fair [that] we need to be supporting, because otherwise we're leaving part of our population out in the wilderness…. And I think we need to give them the dates in order for them to [help grow the overall racing product statewide].”

Chairman Ferraro offered a counterpoint.

“The thing, Wendy, is that our constituency is really the horsemen of California. And we're talking about taking hundreds of thousands of dollars out of their purse money to benefit  a local fair,” Ferraro said. “That balance has got to be there. Our primary responsibility is to ensure the health and viability of racing in California, so that would concern me.”

Mitchell respectfully voiced disagreement: “I don't think it's just the horsemen that are our constituency. I think we have multiple stakeholders and constituencies here.”

The board batted around the idea of giving the two sides more time to work out a compromise. But Morgan stated that the fair's board would prefer an answer right away.

Morgan explained that Ferndale has to bring aboard a new GM, and that it would be tough to hire a competent person without being able to tell them what the budget and racing-related revenues for 2023 are going to look like. He also added that horsemen in the Pacific Northwest are now already starting to plan where they'll be racing in the summer, and delays and further uncertainty will only harm Ferndale's efforts to recruit them.

Gonzales made a motion to give the two weeks un-overlapped to Ferndale, with the understanding that Ferndale will have to “bridge the gap” financially with GGF before the March CHRB meeting.

But that motion only set off another verbal spiral over exactly what such a money compromise might be valued at. There was also talk that the current clashing offers of purse money versus bet commissions amounted to an “apples to oranges” type of comparison that benefitted nobody.

When the motion came to a vote, commissioners Gonzales, Mitchell and Brenda Washington Davis voted in favor of giving Ferndale its own two weeks without competition.

Commissioners Ferraro and Thomas Hudnut voted no.

Commissioners Dennis Alfieri and Damascus Castellanos were not present.

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Monmouth Park Adds Two Live Sunday Race Dates in September

Monmouth Park has added two live racing dates on Sundays in September to extend the 2022 meet to 62 days following approval from the New Jersey Racing Commission.

Sept. 11 and Sept. 18 – the new closing day — are the added live dates, with stakes races highlighting both cards. The $85,000 Pinot Grigio S. will headline the Sept. 11 card, with the $85,000 Joey P. S. set for Sept. 18. Both are for New Jersey-breds at five furlongs on the turf.

Monmouth Park's 77th season gets underway on Saturday, May 7.

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