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California’s Purse-Cut Woes Driving Horses To Turf Paradise

Turf Paradise, which only weeks ago seemed either destined to remain dormant and in disrepair or perhaps even ready to face the wrecking ball, appears to be in the midst of orchestrating a remarkable comeback.

Track management, horsemen, and regulators all expressed confidence and a renewed sense of optimism during Thursday's Arizona Racing Commission (AZRC) meeting that the Phoenix track was on target to hit a Jan. 29 start date for the first commercial-track meet in the state since May.

Several stakeholders underscored during the Dec. 14 meeting that a better-than-expected demand for stall space at Turf Paradise is being driven by recently reported purse cuts in neighboring California, where both the soon-to-close Golden Gate Fields (-25%) and Santa Anita Park (-5%) are projected to offer less money this winter.

“We are getting, at this time, more horses wanting to come in to Turf than we had previously anticipated,” Turf Paradise's general manager, Vincent Francia, told commissioners.

“I think we are benefitting–and I don't like to benefit from someone else's misfortune–but what's going on in California is producing an influx of horses to come over for the race meet,” Francia continued.

“I'm sure everybody has seen that Santa Anita is going to have to reduce their purses. No track wants to do that. But business is what guides that decision, and the primary reason is they're running six- and seven-horse fields, and our sport cannot survive on six-and seven-horse fields,” Francia said.

“The reason why I'm saying that [is] the anticipation of horses has exceeded our expectation for the upcoming meet. That is healthy for the Arizona racing industry to get back on its feet,” Francia said.

The projected slashing of purses in California and the resulting out-of-state migration was also discussed later on Thursday at the California Horse Racing Board's monthly meeting, where that commission's vice-chair, Oscar Gonzales, castigated Santa Anita and Golden Gate for contributing to the horse outflux.

“We have Arizona that's getting ready to reopen with higher purses,” Gonzales said. “Meanwhile, [California tracks are] cutting them. I just don't think that there's anybody paying very close attention about how we make sure we're retaining quality horses and quality horsemen.”

J. Lloyd Yother | Coady Photography

J. Lloyd Yother, the president of the Arizona Horsemen's Benevolent and Protective Association, said during the AZRC meeting that Turf Paradise has gone from a situation of concern over possibly not being able to fill entries to potentially not having enough stabling to house all the horses that reportedly are on their way to Phoenix.

“The fear in the beginning was that we wouldn't have enough horses,” Yother said. “But according to the racing secretary [Robbie Junk], we're getting more than we anticipated, which is a good thing. So we may have ample number of horses. The only thing I'm concerned with is that we have enough barn area in the event that we do have those horses.”

Neither Francia nor Yother mentioned a specific number of horses that are expected to be on the grounds.

But Francia did confirm that only barns A through D and barn K would be used for stabling.

Yother said barns H through L “possibly need to be condemned.”

Trainers and their crews will be allowed on the backside starting Friday to set up stalls. Horses can begin arriving Monday, Dec. 18.

Francia said the previously problematic main track and rail, which had come under scrutiny from the Horseracing Integrity and Safety Act (HISA) Authority earlier this year, has now been brought up to spec.

“It took two weeks [of] 12-hour days, and the track is unlike anything that I have ever seen,” Francia said.

Yother offered this assessment: “The track was in horrible condition. It was unsafe. The rail wasn't right. But the management did step up [and] did a marvelous, marvelous job….

“The rail is excellent,” Yother continued. “The [dirt] track is good. The turf [seems] great. I'm just worried maybe [there's] overseeding with the rye grass and how much [use it will be able] to handle and [whether] the root system will be able to hold up. That's to be seen.”

Yother did articulate concerns about the half-mile training track at Turf Paradise.

“The training track is in bad, bad condition, and it needs to be [made safe],” Yother said. “I encourage management to do something to get the training track in as good shape as the main track.”

Back on Dec. 5, the AZRC gave unanimous but conditional approval for Turf Paradise's current owner, Jerry Simms, to conduct a Jan. 29-May 4 race meet.

Simms and Arizona horsemen have had an acrimonious business relationship for the better part of two decades, and permission for the upcoming meet was granted after one proposed sale of the track property fell through in September and another quickly-put-together sale is currently stalled but reportedly ongoing.

The conditions attached to the licensure have to do with Turf Paradise either complying with or getting the HISA Authority to waive its requirement that stipulates a 90-day advance notice from any track before the start of racing. In addition, the Authority still has to accredit Turf Paradise in terms of overall safety standards.

Rudy Casillas, the deputy director of the AZRC's racing division, told commissioners on Thursday that “From a regulatory standpoint, the [AZRC] and HISA are doing everything reasonably possible to expedite the process while maintaining integrity and safety.”

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Turf Paradise Approved to Run ’24 Meet, Pending Sign-off by HISA Authority

Turf Paradise received unanimous but conditional approval from the Arizona Racing Commission (AZRC) on Tuesday to conduct a Jan. 29-May 4 race meet.

The upcoming season, however, won't be run under the auspices of the new ownership group that has been reportedly trying to buy the Phoenix track for the last two months.

Instead, Turf Paradise's current owner, Jerry Simms, will still be at the helm.

Simms and Arizona horsemen have had an acrimonious business relationship for the better part of two decades.

But Simms vowed during the Dec. 5 “emergency” AZRC meeting that he will be sticking around for at least the next five months because his deal to sell the track to an entity known as Turf Paradise Land Trust has hit unspecified snags.

The conditions attached to the licensure by the AZRC have to do with Turf Paradise either complying with or getting the Horseracing Integrity and Safety Act (HISA) Authority to waive its requirement that stipulates a 90-day advance notice from any track before the start of racing. In addition, the Authority still has to accredit Turf Paradise in terms of safety standards.

Rudy Casillas, the deputy director of the AZRC's racing division, said that although Simms is still free to try to close on the sale of the track (which has been under consideration by at least two different buyers this year), he explained that it would be “highly unlikely” that the commission would be able to finalize its vetting process of a new licensee before the planned end of the race meet.

“We have not received all of the required information from the potential new buyer as of yet, so I don't believe that there's going to be that type of [due diligence] complication impacting live race meet going forward,” Casillas said.

As for the HISA hurdles, Casillas added, “I cannot speak for HISA. I can't predict what they'll do, if they waive the 90 days. We're hoping that they will…. If they don't waive the 90-day advance notice, then obviously the race meet will have to start at a later time, beyond Jan. 29.”

But Casillas did add that AZRC representatives are speaking with HISA Authority executives who are in the state this week for the Global Symposium on Racing hosted by the University of Arizona Race Track Industry Program in Tucson. Casillas said that in those conversations, “HISA has indicated that they will definitely try to work with the [AZRC] and move this forward.”

Unlike at recent AZRC meetings where their representatives spoke at length about the confusion and chaos of trying to get the sport back on track in Arizona, no one from the Arizona Horsemen's Benevolent and Protective Association (AZHBPA) testified during Tuesday's meeting.

Simms, however, gave his side of the story, portraying himself as a savior, of sorts.

“I decided to run this meet because it was just too much impact on the stakeholders, too many people's lives being disrupted,” Simms said. “And I was hoping that my deal would have moved ahead, but it's not gone ahead. So I put my retirement on the back burner and decided to do it…

“We're complying with HISA. We hope to have HISA out this week [and] hopefully they won't hold us to that 90-day period of time,” Simms said.

“HISA has their own criteria. And so hopefully they'll give us their approval. I [don't have] any control over that. But I will tell you, with absolute certainty, if this meet is approved and we run the meet, it will finish. Even if the track is sold, whoever buys it will have to finish it or I will finish it.”

Back on Nov. 9, Simms told the AZRC that the ownership group that wants to buy the currently closed Turf Paradise was at the escrow stage of closing on the sale.

Turf Paradise ended its racing season back in May with a different buyer doing due diligence to purchase the property. Then on Aug. 1, Simms announced Turf Paradise wouldn't be opening in November as scheduled for its traditional six-month meet.

On Sept. 18, the months-long purported sale with the first buyer was publicly declared dead.

Then 10 days later, Simms announced a new buyer had suddenly emerged with a desire to purchase the 213-acre property and save racing at the 67-year-old track.

In recent years, disagreements between the Arizona racing community and Simms have roiled in the courts and at racing commission meetings. An extraordinarily long pandemic closure and prolonged fights over off-track betting privileges, simulcast signals, and how the horsemen's purse money can be used have all been topics of heated debate.

Turf Paradise has also been plagued by safety issues in recent seasons, and as recently as the Oct. 12 commission meeting, Simms and AZHBPA officers sparred over whether or not extensive repairs were needed for the main track rail.

But reports made at a subsequent commission meeting Nov. 9 did note progress to the facility's upkeep, such as the turf course well pump being fixed and the grass getting much-needed watering, seeding and fertilizations.

A release posted on social media by Turf Paradise after the commission's vote noted that the track and AZHBPA have signed a contract that calls for Monday-Thursday racing. Horses will be allowed into the stables Dec. 18, with training to start Dec. 26.

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AZHBPA: ‘No Earthly Idea When And If A Meet Will Be Performed At Turf Paradise’

The ownership group that wants to buy the currently closed Turf Paradise is reportedly at the escrow stage of closing on the sale, but a projected Jan. 13 opening day was met with skepticism when the prospective majority buyer was pressed to name a start date at Thursday's Arizona Racing Commission (AZRC) meeting.

“At this point where we're at, and not having the complete [new ownership] application, there may be a delay from January moving forward,” said Rudy Casillas, the deputy director of the AZRC's racing division, told commissioners after brief comments by Richard Moore, the chief executive officer for potential buyer Turf Paradise Land Trust.

Casillas cited both the commission's own lengthy approval process for a new track licensee and what he said was a federal requirement imposed by the Horseracing Integrity and Safety Act (HISA) that stipulates “a 90-day advance notice from any track before their implementation of racing.”

“Racing may not start until February or March depending on how things go with the vetting and background investigation,” Casillas said.

Lloyd Yother, the president of the Arizona Horsemen's Benevolent and Protective Association (AZHBPA), expressed a feeling of being left out of the loop on the status of what might happen at the last remaining commercially active track on a circuit that hasn't hosted Thoroughbred racing for six months.

“We're still in our state of confusion in how things are going down and what's transpiring, what's taking place,” Yother said. “There's so many moving targets [and] we still are at the mercy and going through our normal frustrations with how things are to come about…. We have no earthly idea when and if a meet will be performed at Turf Paradise.”

Despite that sense of helplessness, the AZHBPA does have one important cudgel of control within its grasp: Its board of directors will be meeting Friday to vote on whether to extend the required interstate simulcasting permissions beyond Nov. 12 so Turf Paradise's 37 off-track betting parlors won't go dark.

Yother said that meeting will determine “whether or not to terminate our signal [permission] or move it forward to [Dec. 31] giving the opportunity for all parties to get their act together and make this happen.”

The vote will likely come down to weighing the benefits of keeping the OTBs open (which would allow the new Turf Paradise owner to build up revenue for the purse account) versus closing them (which would make it clear that the AZHBPA has had it with constantly being asked to extend simulcasting privileges to entities that don't conduct live racing).

Turf Paradise ended its racing season back in May with a different buyer doing due diligence to purchase the property. On Aug. 1, track owner Jerry Simms announced Turf Paradise wouldn't be opening in November as scheduled for its traditional six-month meet.

On Sept. 18, the months-long purported sale with the first buyer was publicly declared dead. Then 10 days later, Simms announced a new buyer had suddenly emerged with a desire to purchase the 213-acre property and save racing at the 67-year-old track.

The AZRC met on Sept. 28 and Oct. 12 without anyone from the new prospective buying group speaking in person. But during the Nov. 9 meeting, Simms introduced Moore of Turf Paradise Land Trust, noting that the two parties have been at the escrow stage of the deal since Oct. 18.

“We're going through that contract and executing that contract and hopefully everything goes well and we're going to buy the track and continue on with the racing there in Arizona,” Moore said. “That's our main goal.

“We're very excited about this,” Moore said. “We're looking forward to it. And we're getting up to speed on where it's at [to] bring the track up to par and to also make it better and to move forward. And we're definitely committed to bring in the necessary funds and commitment and support to make this a destination. And we have a lot of dreams and hopes and things that we'd like to accomplish once we gain ownership.”

The Arizona Corporations Commission's website lists no active registration for Turf Paradise Land Trust other than a name reservation made on Oct. 2.

Beyond one question from commissioner Linda York about specifics on the buying group's timetable, Moore was not asked by the AZRC to detail anything about Turf Paradise Land Trust or its plans for the future of the Phoenix track.

Starting Gate at Turf Paradise | Coady Photography

York's question about the timing of the meet yielded a response from Moore that the season is projected to start Jan. 13 and would last “to May.” Moore added that the sale of the property would likely close before the end of 2023.

After Casillas weighed in that such a timetable might be a stretch, Simms told commissioners that he has already been in talks with the HISA Authority about fast-tracking the process for accreditation, and he claimed to have an assurance that “they could probably get that done a lot quicker [to] work with our time frames.”

Turf Paradise has been plagued by safety issues in recent seasons, and as recently as the Oct. 12 commission meeting, Simms and Yother sparred over whether or not extensive repairs are needed for the main track rail.

Yother claimed the fencing is not up to spec and Simms countered that Turf Paradise had fixed problems related to a non-compliance warning issued by the HISA Authority earlier this year after an inspection turned up “numerous gaps and exposed edges in the railing material that could inflict serious harm upon jockeys…”

At the Nov. 9 meeting, Arizona's chief state steward, Jason Hart, said he has been making regular visits to Turf Paradise over the past few weeks. Although Hart acknowledged that the rail had been “in pretty bad shape” at end of the last meet, he said every time he has visited since Oct. 23, he has observed workers shoring it up.

“My expertise or my opinion would be the rail looks very safe at this point,” Hart said. “There's a couple of things that don't look pretty with the rail, but it is absolutely safe in my opinion.”

Hart added that the turf course well pump has been fixed, and that the grass course is being watered regularly after being seeded and fertilized.

Hart also detailed how six barns have had the copper wiring cut out of them, but that he has been assured by current track management that electricians have been hired to re-wire those stables.

Hart also said frontside windows that appeared to have been blown out in a storm show evidence of being worked on prior to glass replacement.

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Arizona Commission Meeting: ‘The Eyes Are On Us’

If there's a main takeaway from Tuesday's Arizona Racing Commission Meeting, it's an acknowledgement from officials and track management that the racing industry is monitoring Turf Paradise closely.

“We've got to do a better job at coming up with answers and coming up with solutions,” said commissioner Rory Goree, arguably the most outspoken member of the commission about Turf Paradise's poor equine safety record.

“I'm hopeful that here, in the near future, we as a commission will be able to talk about some of the solutions and ideas and make Arizona the light it needs to be, that we're making the change, doing the right thing instead of being the laughingstock that we are right now,” Goree added. “The eyes are on us.”

Repeated mention was given to racehorse Creative Plan (Creative Cause), who last raced at Turf Paradise Jan. 7, when a tailed off last of nine.

Creative Plan was recently euthanized due to irreversible damage to his suspensory ligaments and fetlock joints that had deteriorated over the course of weeks, according to an article in the Paulick Report Tuesday morning.

Between the time he last ran and his euthanasia, however, Creative Plan was sent to an Arizona horse auction, but went through unsold before being abandoned, the article found.

“With Creative Plan, there was a lot of finger-pointing going on, trying to cover our own butts,” admitted Goree.

In her latest track safety report, Sue Gale, the Arizona Department of Gaming's chief veterinarian, explained that Turf Paradise's race-day equine fatality rate was “creeping up.”

In a special commission meeting earlier this month, Gale said that the racing-related catastrophic injury rate was 2.8 fatalities per 1000 starts this season at Turf Paradise.

In her report Tuesday, Gale said that the fatality rate was now around 2.98 per 1000 starts at Turf Paradise.

According to the Jockey Club, the national fatality rate for 2020 was 1.41 per 1000 starts.

Gale said that she has included Creative Plan's death in the track's race-day fatality rate because he was injured during a race, “and then was put to sleep, or euthanized, this past week.”

However, another horse that fractured its fetlock earlier on in the meet, and who, despite efforts at rehabilitation was euthanized three months later, was not included within the track's race-day fatality numbers, Gale explained.

More broadly, official veterinarians, said Gale, have lately been scratching more horses on pre-race exams.

“It does seem that now we're about half-way through the meet, some of the horses are showing some wear and tear,” said Gale.

Nevertheless, one ongoing problem has been the lack of veterinarians “or administrative assistance” to help identify and red-flag horses at greater risk of catastrophic injury at Turf Paradise prior to pre-race exams, admitted Gale.

Gale said that, while she has been doing this task on a limited basis, “having someone on the staff that can do this on a more regular basis” would likely make a difference.

Rudy Casillas, the Department of Gaming's deputy director and racing division director, reported that he has asked Gale to start requiring the horsemen to submit updated veterinary medical records of every horse that is entered to race.

“That way, the veterinarians can review those medical reports of each horse that is entered to race and get a better sound picture of that horse's capability and physical status and medical status,” said Casillas. “That will be implemented coming forth, and, hopefully, that makes a difference.”

Another potential nexus of change is the state's claiming rules, said Goree.

“Seems like every morning I read the board and find out that there's a horse that's moved on, just wandering around on the backside, and I think it's because these horses are getting claimed so much they don't know where they live,” said Goree.

According to Goree, he has spoken with Rudy Casillas, the Department of Gaming's deputy director and racing division director, about the claiming rules.

“I know he's going to talk to the AG [attorney general] and see what we might be able to do,” said Goree.

Turf Paradise general manager, Vincent Francia, added more texture to the issue, reporting that there have been 441 claims thus far this season.

“That is a record here at Turf Paradise,” said Francia, pointing as a reason to the track's purses–now supplemented with both state and federal funds–with the average purse working out at about $19,000 per race.

“When you have a purse structure like we have, a lot of claiming is going to go on,” Francia said.

Another ongoing question mark at Turf Paradise has been the condition of the racing surface.

This week, Turf Paradise drafted in veteran track surface consultant Steve Wood to monitor the adding of organic materials and sand to the main track, Francia said.

The organic materials are put in to give the track “bounce” and to help maintain moisture levels, said Francia. The sand is to help prevent clumping of the clay-like materials, he added.

A problem seemingly as intractable as track conditions at Turf Paradise has been a shortage of official veterinarians. Indeed, at the commission meeting last October, Gale suggested putting a call out to practicing veterinarians in the area as an opportunity for them to “pick up some work.”

In an attempt to alleviate the burden, the gaming department has asked for funding for an additional veterinarian in the latest executive budget, said Arizona Department of Gaming director, Ted Vogt.

“It's been our number one funding issue for the past two fiscal years, so we're hopeful it'll get across the line this year,” said Vogt.

Earlier on in the meeting, the commissioners voted to approve Rillito Race Track's three-year racing permit application and the race-dates within that window, despite ongoing questions as to the facility's economic viability.

Casillas said that a prior financial review of the track found that it was “insolvent” with less than $1,000 in its bank account at the time.

Because of the importance of Rillito in the Southern Arizona racing calendar, however, “the department has worked tirelessly with Rillito staff to project Rillito's revenue streams, donations, purse monies, state and federal grant funds that are being provided to Rillito,” said Casillas.

That projected amount comes to roughly $900,000 plus. The department's original estimate of Rillito's costs to operate the race-meet was $1.2 million.

“Therefore, the division strongly recommends that Rillito tighten their belts, and be extremely vigilant and responsible and not expend needlessly,” said Casillas, who added that the gaming division would be monitoring their financial predicament closely.

“We want to openly inform Rillito that on an ongoing basis, the division will scrutinize their financial status, and expect that Rillito meet all their obligations, and more so, adopt generally accepted accounting principles to correct the past few years of disarray,” said Casillas.

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