Weekly Stewards and Commissions Rulings, Mar. 27 – Apr. 3

Every week, the TDN publishes a roundup of key official rulings from the primary tracks within the four major racing jurisdictions of California, New York, Florida and Kentucky.

Here's a primer on how each of these jurisdictions adjudicates different offenses, what they make public (or not) and where.

With the Horseracing Integrity and Safety Act (HISA) having gone into effect on July 1, the TDN will also post a roundup of the relevant HISA-related rulings from the same week.

The following rulings were reported on HISA's “rulings” portal, except for the voided claim rulings which were sent to the TDN directly.

One important note: HISA's whip use limit is restricted to six strikes during a race. 

Violations of Crop Rule
Aqueduct
Dalton Brown – violation date March 30; $250 fine and one-day suspension, 9 strikes
Jacqueline Anne Davis – violation date March 31; $250 fine and one-day suspension, 8 strikes

Will Rogers Downs
Alfredo Triana – violation date April 03; $250 fine, 7 strikes

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Penalties Tweaked Ahead of New Whip Rule Deployment

The previously announced new whip regulations will go into force on Monday, but the way penalties are calculated has been “marginally adjusted” according to the British Horseracing Authority (BHA).

Following feedback from jockeys, there were further amendments to the rules, and the bedding in period for jumps racing was extended by a week.

Under the new regulations, use of the whip in the forehand position will be allowed, with the BHA having reversed a previous decision to ban it after riders' objections. However, use of the whip has been reduced to six and seven strikes over the Flat and Jumps races, respectively.

The penalty structure was also strengthened, with the very worst whip offences potentially resulting in disqualification of horses and riding bans of 20 days–a tariff which will be doubled in Class 1 and 2 races.

In its latest update, the BHA confirmed only offences for use of the whip above the permitted level will be doubled and not offences for use above shoulder height. A tweak to how offences are aggregated where multiple offences are committed in the same ride has also been made.

In a statement, the BHA said, “The rules being implemented on Monday are the result of a detailed consultation process designed to foster more considered and judicious use of the whip.”

“They are being introduced after an extensive bedding-in period which has successfully allowed jockeys and officials to familiarise themselves with the new rules and guidance and identify where improvements can be made to their implementation, or where some jockeys might need to adapt their riding style. This was the purpose of the bedding-in period.”

“We are grateful for the input of the PJA (Professional Jockeys Association), NTF (National Trainers Federation) and a number of senior riders and trainers and we have now reached a position where the new rules and guidance will be implemented in the manner in which they were intended.”

“We were pleased to note jockeys stating that the responsibility now rests on them to ride within the new rules and adapt their riding style where necessary. We have already seen this happening during the bedding-in period, for which jockeys deserve great credit.”

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View From The Eighth Pole: Sublime To The Ridiculous At Breeders’ Cup

Other than that, Mrs. Lincoln, how did you like the Breeders' Cup?

Putting aside for a moment the unprecedented fiasco that began when the horses for the Breeders' Cup Juvenile Turf were loaded in the starting gate (and which continued for days while officials revised their take about what happened), there were many positive stories that came out of this 38th edition of what is moving closer toward its self-proclaimed status as Thoroughbred racing's world championships.

Let's begin with the fact there were no serious injuries or fatalities sustained by any of the horses competing over the two days at the Del Mar Thoroughbred Club in Del Mar, Calif., on Nov. 5-6. Considering how the final race of the 2019 Breeders' Cup at Santa Anita ended with the fatal injury to Mongolian Groom, it was extremely important to have an injury-free event.

California, by necessity, has led the way on equine safety reforms after the spike in fatalities at Santa Anita in the winter and spring of 2019 that put the sport in the crosshairs of animal extremists, national media and a growing number of politicians.

One of those reforms, which has nothing to do with musculoskeletal injuries, is the elimination of the race-day administration of Lasix, the anti-bleeder diuretic whose use is not permitted close to competition in any major racing countries outside of North America. Some horsemen raised concerns about the absence of Lasix, especially on older horses that had been running on it previously, but we have yet to see the predictions of doom come true about numerous horses gushing blood from the nostrils or jockeys coming back with red-splattered pants.

It turns out American horsemen can do what the rest of the world has proven it can do: race Thoroughbreds without giving them race-day medication to treat exercise-induced pulmonary hemorrhage.

Another reform taken by California regulators is restricting the use of the riding crop, or whip. The crop can only be used in an underhand manner, according to the regulations, and jockeys are limited to six strikes and no more than two in succession. While there were violations and rulings against three jockeys for going over the limit or raising the whip above the shoulder, I heard no suggestions that the whip restrictions altered the outcome of any races. Two of those races – the Sprint and Distaff – were decided by no more than an inch or two.

The storyline that could have the biggest impact on the Breeders' Cup over the long term were the two victories by Japanese-based horses: Loves Only You as the third betting choice in the Filly & Mare Turf and 49-1 outsider Marche Lorraine in the Distaff.

Japanese horsemen have been dipping their toes in American racing waters for at least 35 years, dating back to 1986 when Japan Triple Crown winner Symboli Rudolf traveled to California to run in the San Luis Rey Stakes at Santa Anita. That's around the time Japanese breeders like the late Zenya Yoshida and his family, among others, began injecting significant funds to their upgrade breeding stock.

For the next 30 years, while there were a handful of Japanese runners who competed in the U.S., there was no serious effort by Breeders' Cup or racetracks to recruit those horses, largely because Japan – which has enormous wagering numbers annually – was a closed market for simulcasting. That changed in 2016.

Since select races are now permitted to be simulcast into Japan for separate pool wagering, we've seen Churchill Downs incorporate a Japanese Road to the Kentucky Derby, the New York Racing Association offer a bonus to a Japanese horse that wins the Belmont Stakes, and the Breeders' Cup actively recruit horses for its races.

That recruiting paid off this year, with seven Japanese runners in six Breeders' Cup races – by far the largest number ever. Separate pool wagering in Japan was permitted on three races, and fans there bet US$12.4 million (despite the extreme time difference, with post time Sunday morning in Japan between 7 and 9 a.m. The first of the three races, the Filly & Mare Turf handled US$3.7 million, the Mile US$3.9 million, and the Turf US$4.8 million.

Those numbers, supplied by Graham Pavey  (@LongBallToNoOne on Twitter), pale in comparison to what Japanese fans bet on the 2021 Prix de l'Arc de Triomphe from France. That race, run late on a Sunday night in Japan, handled nearly US$48 million.

The good news for the Breeders' Cup (and Triple Crown tracks Churchill Downs, Pimlico and Belmont) is that the successes by the Japanese runners will likely lead to more participation from that country's horsemen, which should lead to greater awareness of the Breeders' Cup and American Triple Crown by Japanese racing fans and increased handle.

One story that got lost in the swirling controversy surrounding the Juvenile Turf was the victory earlier on the Future Stars Friday program by Bobby Flay's Pizza Bianca, which gave the accomplished trainer Christophe Clement his first Breeders' Cup victory after 41 consecutive defeats. The late Hall of Famer Robert Frankel saw a similar string of frustration, losing 38 Breeders' Cup races in a row before breaking through with Squirtle Squirt in the 2001 Sprint at Belmont Park. Frankel would go on to win five more Breeders' Cup races, winding up with a 6-for-82 mark overall.

I wouldn't be surprised to see Clement add several more winners to his resume before long.

On to the bad news.

First, it is embarrassing to the sport that races can not be timed properly. Times were revised after the fact on two Breeders' Cup races on Friday and another on Saturday – all turf races. Inaccurate timing of races has become almost an epidemic in American racing at multiple tracks to the point that you no longer can trust the fractional times posted as the race is being run.

We should be getting better at this, not worse.

The mistaken scratch from wagering pools of Modern Games in the Juvenile Turf began with human error by a veterinarian who apparently was being asked to perform a regulatory job that he doesn't do on a regular basis.

The mistake was compounded by false statements from the California Horse Racing Board that were later retracted, miscommunications between stewards and Del Mar's mutuels department, and wagering rules that are outdated.

Breeders' Cup took no responsibility for what happened, saying in a statement it was the CHRB's problem. The CHRB insisted at first it was a Breeders' Cup-hired veterinarian who blew the call before realizing that same veterinarian reported to the CHRB's equine medical director.

With apologies to the men and women who make their living as clowns, this was a clown show. The industry must do better for the men and women who bet a record of nearly $183 million on this event. An independent review of what happened is needed, not a navel-gazing exercise conducted by the same people who made the initial mistake and then kept digging a deeper hole.

That's my view from the eighth pole.

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Gulfstream Park Issues New ‘House Rules’ Regarding Riding Crop Usage

Following an agreement between 1/ST Racing's Gulfstream Park, the Jockeys' Guild and the Florida Horsemen's Benevolent and Protective Association, Gulfstream Park in Hallandale Beach, Fla., began to institute new house rules regarding the usage of riding crops, effective Aug. 6.

Among the changes is a limit of six overhand strikes in the final three furlongs of a race, with no more than two strikes in succession. Riders must then give their mount a chance to respond before using the crop again. There is no numeric limit to backhand strikes in the final three furlongs of a race or shoulder taps with the crop in the down position and both hands of the jockey on the reins.

Gulfstream issued a statement on behalf of the track's owner, reading: “The updated crop usage rules reflect 1/ST Racing's ongoing commitment to safety, integrity and accountability in the sport of Thoroughbred horse racing.”

Following are the new crop rules for racing at Gulfstream Park:

 Use of Riding Crop

(1) Although the use of a riding crop is not required, a jockey who uses a riding crop during a race shall do so only in a manner consistent with exerting his or her best efforts to win.

(2) In any race in which a jockey will ride without a riding crop, an announcement of that fact shall be made over the public address system.

(3) An electrical or mechanical device or other expedient designed to increase or retard the speed of a horse, other than a riding crop approved by the stewards, shall not be possessed by anyone, or applied by anyone to a horse at any time at a location under the jurisdiction of the racing commission.

(4) A riding crop shall not be used on a 2-year-old horse in races before April 1 of each year.

(5) Allowable uses of a riding crop include the following:

(a) The riding crop may be used at any time, without penalty, if, in the opinion of the stewards, the riding crop is used to avoid a dangerous situation or preserve the safety of other riders or horses in a race;

(b) Use of the riding crop in the overhand fashion for a total of six times from the 3/8th pole to the finish line, only to be used two times in succession and then must give a horse a chance to respond.

(c) If necessary during a race, a riding crop may be used in a backhanded fashion on the hindquarters from the 3/8th pole to the finish line. This use will not be counted toward the use of the crop six times in the overhand fashion.

(d) Tapping the horse on the shoulder with the crop in the down position, while both hands are holding onto the reins and both hands are touching the neck of the horse; and

(e) Showing or waving the crop without contact with the horse and giving the horse time to respond before striking the horse.

(6) Use of the riding crop to make contact with a horse to maintain focus and concentration, to control the horse for safety of the horse and rider, or to encourage a horse is allowed, with the following exceptions:

(a) In any manner, other than backhanded on the hindquarters as set forth in Paragraph (5)(c), tapping on the shoulder as set forth in Paragraph (5)(d), or resulting in more than six times in the overhand manner as set forth in Paragraph (5)(b);

(b) The riding crop shall not be used more than twice in succession and the horse must be given a chance to respond before using it again;

i. “Chance to respond” is defined as one of the following actions by a jockey:

1. Pausing the use of the riding crop on their horse before resuming again; or

2. Pushing on their horse with a rein in each hand, keeping the riding crop in the up or down position; or

3. Showing the horse the riding crop without making contact; or

4. Moving the riding crop from one hand to the other.

(c) With the rider's wrist above helmet height;

(d) On the head, flanks, or on any other part of its body other than the shoulders or hindquarters;

(e) During the post parade or after the finish of the race except if necessary to control the horse;

(f) Excessive or brutal use of the crop causing injury to the horse;

(g) Causing welts or breaks in the skin;

(h) If the horse is clearly out of the race or has obtained its maximum placing; and

(i) If the horse is showing no response.

(7) A riding crop shall not be used to strike another person.

(8) After the race, a horse will be subject to inspection by a racing official or official veterinarian looking for cuts, welts, or bruises in the skin. Any adverse findings shall be reported to the stewards.

(9) Use of the crop during workouts shall be permitted so long as such use does not violate section 6(c) through (i).

(10) The giving of instructions by any licensee that, if obeyed, would lead to a violation of this section may result in disciplinary action also being taken against the licensee who gave the instructions.

(11) Only padded/shock absorbing riding crops approved by the stewards, which have not been modified in any way, may be carried in a race.

(12) During a race, if a jockey rides in a manner contrary to this rule, at the stewards' discretion, the stewards may impose a minimum fine ($250 for overnight race; $500 for stakes races) or a suspension.  If in the opinion of the stewards the violation is egregious or intentional, the stewards have the discretion to impose both a fine and a suspension. Factors in determining whether a violation is egregious include, but are not limited to:

(a) recent history of similar violations;

(b) number of uses over the total and consecutive limits described; and

(c) using the crop in the overhanded position more than six times.

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