Mike Smith To CHRB: New Riding Crop Rule Putting Jockeys, Horses At Greater Risk

Hall of Fame jockey Mike Smith, co-chair of the Jockeys' Guild, has written a letter to California Horse Racing Board members on behalf of the Guild and California riders criticizing a restrictive riding crop rule that went into effect on Oct. 1 over concerns for the safety of horses and riders and the integrity of the sport.

The rule, CHRB 1688, restricts both the manner and frequency with which jockeys may use the riding crop. Under CHRB 1688:

  • The crop must be used in an underhanded position with the crop always at or below the shoulder level of the jockey.
  • A maximum of six strikes with hands off the reins is permitted during a race; not more than twice in succession.
  • There is not a limit on the number of times a jockey may strike a horse on the shoulder while both hands are on the reins, and “flagging” a horse is permitted.

Smith said the rule “to restrict the use of the riding crop to the underhand position … is completely against the technique that every jockey has been taught on the proper use of the riding crop. It is contrary to our instincts and techniques, which in turn is impacting our balance and reaction time. We strongly believe that regulation is extremely hazardous and has added an even greater risk and uncertainty to our profession.”

He also voiced the concerns of riders for racing integrity, saying, “In multiple races over the weekend, jockeys were limited in the encouragement they were able to give the horses, which in turn impacted the outcome of the race and jockeys were unable to maximize placing of the horses.”

Following is the full text of the Oct. 8 letter from Smith to members of the CHRB, a copy of which was obtained by the Paulick Report:

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Dear Members of the California Horse Racing Board

Please accept this letter on behalf of the Jockeys' Guild and all of the jockeys in California. I am writing to you, as well as copying Gov. Gavin Newsom, Sen. Bill Dodd, and Asm. Adam Gray, in yet another effort to express the concerns of the California jockeys regarding CHRB 1688 Use of the Riding Crop, which went into effect on October 1, 2020.

Since the consideration to the changes to the Use of the Riding Crop regulations were introduced, we have voiced various reasons for opposition, including our concerns about safety and the integrity of the sport. In the weeks leading up to the implementation, there were several meetings with the riders at Santa Anita, Golden Gate, and Los Alamitos, including both the Thoroughbred and Quarter Horse jockeys, in which we had discussions on how to move forward.

After the jockeys have attempted to comply with CHRB 1688 this weekend, our concerns have been reiterated and we strongly believe that more than one of us will suffer a serious injury, or even possibly death, from your new rule 1688, which has never been used in the United States, or anywhere else for that matter. In light of the fact that one of our fellow jockeys, Vinnie Bednar, was recently paralyzed in a racing accident at Los Alamitos, the risks are fresh in our minds. And now, you have implemented regulations, that many people, including jockeys, owners, and trainers, believe have created even more safety hazards. The reality is we are very alarmed about the lack of concern for our safety and well-being. Furthermore, not only do we have a concern for our own welfare, but also have grave concerns about the risks being created for the horses.

The CHRB stated the intent is to improve the safety and welfare of the horses with the restrictions on the use of the riding crop. However, as Senator Dodd stated regarding his recently passed racing reform legislation in California, “the goal is to improve the safety of HORSES AND JOCKEYS.”

Unfortunately, historically jockeys have not had a voice and have been considered a lower aspect of racing, both socioeconomically and politically, often times due to race and lack of education. With regards to the Use of the Riding Crop in California it seems this has continued to be the case. We have attempted to participate in the rule making process and provide input based on our professional knowledge and experience. However, for whatever reason, our concerns were not given credence. Even though, the reality is, we are the people who are risking our lives, balancing on the balls of our feet, in a very narrow stirrup, going 35-50 miles per hour on a 1,200 pound horse, surrounded by other jockeys who are doing the same thing.

To restrict the use of the riding crop to the underhand position, as you have currently imposed, is completely against the technique that every jockey has been taught on the proper use of the riding crop. It is contrary to our instincts and techniques, which in turn is impacting our balance and reaction time. We strongly believe that regulation is extremely hazardous and has added an even greater risk and uncertainty to our profession.

Furthermore, to change to specifications of the actual crops we are using, adds to the difficulty of the regulation that is being imposed. The jockeys feel that the use current cushioned riding crop is safer for the equine athlete and does not compromise the horse's welfare. We were actively involved in the refinements and the adoption of the current riding crop to reduce the impact to the equine athlete. When the current cushioned riding crop was introduced, it was strongly encouraged that the horses be subject to inspection by a veterinarian, either regulatory or official, looking for cuts, welts, or bruises on the skin, with any adverse finding being reported to the Stewards. Over the past ten years, when the approved cushioned riding crops were used in the appropriate manner, the welts and cuts have almost been completely eliminated. With that being said, we are supportive of any improvements that can be made to the existing riding crop to create an even more humane crop.

However, any rule making on the composition of the crop must be done in a thoughtful manner after research and input and considerations from the jockeys.

In addition to the increased dangers, there has also been a serious impact on the integrity and outcome of the races. In multiple races over the weekend, jockeys were limited in the encouragement they were able to give the horses, which in turn impacted the outcome of the race and jockeys were unable to maximize placing of the horses. The owners, along with the betting public, both of whom are the driving force behind our sport, were not afforded every possible opportunity maximize return on their investment.

Given the penalties and perils you have created, you are imposing great pressures on the jockeys, to the extent that some are considering leaving California to ride in jurisdictions which are still allowing for reasonable and responsible use of the riding crop. My home, along with several other jockeys, many of whom are Latino, is in California. We do not want to be forced to leave. However, the fear of grave injury and the unreasonable penalties are making many of us reconsider continuing to ride in California.

As the Guild and the jockeys have continued to say the ultimate goal is to establish a standard that is in the best interest of the welfare of the horse, as well as the industry as a whole, including those whose lives are at stake. However, we believe that the new CHRB rule, as adopted, is  actually unsafe and will be detrimental to our industry. As such, we are pleading and implore you to reconsider the changes that have been rushed through without thorough consideration of the dangerous implications you have created for us, as well as the horses.

Sincerely,

Mike E. Smith

Co-Chair, Jockeys' Guild

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The Friday Show Presented By Woodbine: Highs, Lows And Takeaways From 2020 Triple Crown

The Paulick Report editorial team – publisher Ray Paulick, editor-in-chief Natalie Voss, news editor Chelsea Hackbarth and bloodstock editor Joe Nevills – takes a look back at this strangest of Triple Crowns in this week's edition of the Friday Show.

From the minute Churchill Downs officials announced in mid-March that the Kentucky Derby would be postponed until Sept. 5 because of the coronavirus pandemic, we knew this year was going to be different. I don't think any of us knew how different.

Kicking off with a distance-shortened Belmont Stakes June 20 and ending with a Preakness on Oct. 3 that may be remembered as one of the most exciting renewals in recent history, the Triple Crown had its share of highs … and lows. We may have learned a few things – some takeaways – from this year as well.

Watch this week's Friday Show below and let us know what your favorite memories were from the 2020 Triple Crown.

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Upset Beat Man o’ War, But Did He Really Coin A New Sportswriting Phrase?

On Oct. 12, 1920, the race of the century took place at Kenilworth Park just outside Windsor, Ontario. It was between the first ever Triple Crown winner, Sir Barton and the incomparable 'Big Red' ­­– Man o' War. It was a match between two champions: a battle of titans.

It was also Man o' War's last race before he went off to stud. 'Big Red' won it easily by an impressive margin of seven lengths.

The race captured the imagination of a continent 100 years ago. There would be nothing like it until a grandson and son of Man o' War squared off 18 years later, in Maryland. The son was War Admiral and the grandson was Seabiscuit.

The 4-year-old Sir Barton was thought to be a worthy opponent for Man o' War. Even though Sir Barton took the first Triple Crown in 1919 and won more money than Man o' War that year, he lost seven races in 1920. Yet he had beaten Exterminator in the Saratoga Handicap, carrying 133 pounds, and set a world record for the classic distance of 1 3/16 miles in the Merchants and Citizens Stakes at the Spa on Aug. 20, 1920.

Those who seek perfection might find it unfortunate that the mystique of being undefeated evaded both horses. Man o' War had also tasted defeat.  It happened on Aug. 13, 1919, at the hoofs of an unlikely opponent whose name was Upset – a horse he had beaten easily on four other occasions.

He should have won.

Here is how Fred Van Ness of the New York Times chronicled Man o' War's only lifetime defeat in the Sanford Stakes:

“He was forced to bow to Harry Payne Whitney's Upset in a neck-and-neck finish in this six-furlong dash. Though defeated, Man o' War was not discredited. On the contrary, the manner in which he ran this race stamped him, in the opinion of horsemen, as the best of his division without question. Though failing to get his nose in front, he stood out as the best horse in the race by a large margin, for he had all the worst of the racing luck.” 

Did Upset's victory originate the term 'upset'?

The controversy surrounding Man o' War's unfair start against Upset is long over, but a minor controversy remains: Was Man o' War's loss to Upset the beginning of the term 'upset' in sports argot, used to denote an unlikely winner?

Lexicographer Ben Zimmer clarified the matter once and for all back in 2013:

“I surveyed New York Times articles that used the word upset, and it was clear that it was already in use in horse-racing and other sports like baseball before the famous 1919 race.”

I am fond of observing that “most famous quotes and coined terms get attributed to the most prominent person who used them.” (And if some well-known person repeats my little buzz phrase, it will doubtless be attributed to them, and not to me.)

The best example of this phenomenon is the celebrated admonition by John F. Kennedy in his 1961 inaugural address:

“Ask not what your country can do for you; ask what you can do for your country.”

Certainly Oliver Wendell Holmes Jr. and such lesser presidents as Warren Harding spoke much the same lines decades before. In fact, many of Kennedy's most renowned phrases are characterized as fragmented misremembrances. Ralph Keyes noted this in The Washington Post in 2006:

“Even though JFK routinely garbled his quotations, it took us years to figure this out. Meanwhile, the young president launched any number of misworded, misattributed or completely mystifying quotations into the public conversation that have stuck around to this day.”

But who cares? The grainy film of that cold January day in 1961 and the magnificent delivery of those 17 words is what's important.  Our language has a long and well-recorded history. No line of speech will ever be completely original.

What does this all mean for that one little word 'upset'?

Many have viewed the horse named 'Upset' as being appropriately named. And many have inaccurately declared that Man o' War's defeat marks the origin of the term 'upset' to denote an unlikely winner.

But we overblow our need for originality in a term. Ben Zimmer went on to quote Washington Post sports columnist Bob Addie from 1962:  “The term 'upset' in sports gained considerable stature back in 1919 when a horse actually named Upset beat the wonder horse, Man o' War.”

“That may in fact be true,” writes Zimmer. “Certainly upset gained traction in sports reporting starting in the '20s, and Upset may have had something to do with that. So let's give some credit to the scrappy colt…”

And as for Man o' War, his legend only grew with his 14 consecutive victories following his 'upset by Upset'. As we get closer to the 100th anniversary of Big Red's monumental win against that first ever Triple Crown winner, Sir Barton, let's remember that the origins of words and phrases are much less important than the memorable events and the heroes –  both human and equine – that bring focus and glory to their times and make a stamp on history.

2023 will mark an anniversary for another 'Big Red' – Secretariat. It will be the 50th anniversary of his last race, which he won in Canada by an identical seven lengths to Man o' War's win in his own last race, against Sir Barton. The celebration will be enhanced – not diminished – by the fact that the first Big Red won just as easily 100 years ago.

That's also true of Upset's historic race against Man o' War. The great tale is in no way diminished by the fact that Upset's name popularized, rather than originated, a sports term.

The origins of a term are an interesting thing to explore. But it's the heroes, equine and human, that we celebrate in racing history.

John Stapleton is an income security benefit designer in Toronto. Stapleton's work has appeared in the Globe & Mail, the National Post and the Toronto Star. He has owned racehorses for 37 years and is past president and current board member of the Canadian Horse Racing Hall of fame.

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View From The Eighth Pole: The Impossible Dream

Well, we got through it.

The 2020 Triple Crown was different, that's for sure.

A Belmont Stakes that began the series, not at its traditional mile and a half but at a truncated nine furlongs around one turn.

A Kentucky Derby run in eerie silence on the first Saturday in September in a city on edge for months because of growing racial tensions.

A lost in the shuffle Preakness Stakes that brought the series to an end in early October on a day when tracks in New York and Kentucky were showcasing horses gearing up for the autumn Breeders' Cup world championships.

It was unprecedented. It was beautiful. It was 2020 personified.

The stars of this Triple Crown in the year of the coronavirus pandemic were, as always, those magnificent Thoroughbreds.

The  New York-bred Tiz the Law demonstrating his dominance at Belmont Park for octogenarian Barclay Tagg and the everyman Sackatoga Stable partners, proving that age is just a number when it comes to training a racehorse.

The Derby showed us, once again, why they run the race.

While Tiz the Law looked unbeatable on paper, having gone on after the Belmont to win the Travers Stakes over the same mile and a quarter distance, he hadn't yet taken on the aces from the Bob Baffert Travel Team. Sure, Nadal was retired, Charlatan had been sidelined with an injury and Eight Rings, Cezanne and Uncle Chuck just weren't up to to the task at this stage of their careers, but the white-haired wonder still had the once-beaten Into Mischief colt Authentic and the insurgent Thousand Words in his arsenal. Well, scratch the latter…literally…just minutes before the Derby after acting up in the saddling paddock.

Authentic proved just that, denying Tiz the Law in the Run for the Roses and looking like a cinch to repeat in the Preakness a month later – especially after the Belmont winner's connections decided to sit this one out. A cinch, at least until forgotten rider Robby Albarado seized the moment to resurrect his career, boldly sending the gallant filly Swiss Skydiver to take on Authentic for a throwdown in the final three-eighths of a mile the likes of which we haven't seen at Old Hilltop since Sunday Silence and Easy Goer were hip to hip in that glorious Preakness of 1989. Or maybe since Albarado, aboard Curlin, engaged and defeated Kentucky Derby winner Street Sense in another memorable running of the Preakness in 2007.

Trainer Kenny McPeek calls this Daredevil filly – one he bought for just $35,000 on day nine of the Keeneland September Yearling Sale – a throwback. Sure nuff, she is. Her past performances read like the announcements echoing through a train station: Tampa, New Orleans, Miami, Hot Springs, Arcadia, Lexington, Saratoga Springs, Louisville, Baltimore.

All aboard.

This was David beating Goliath, Main Street outperforming Wall Street. It wasn't just a filly against colts, it was a victory for the little guys against the conglomerates. Likewise, Belmont winner Tiz the Law came from an ownership group that won all of four races last year from a five-horse stable.

But this game isn't about numbers, at least not for everyone. It's about dreams. Seemingly impossible dreams. And when they come true, as Don Quixote said, the world will be better for this.

That's my view from the eighth pole.

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