This Side Up: The One Thing to Envy Most at Ascot

It is as true to say that Americans and Europeans are united by an ocean as divided by one. And while horsemen are often considered insular, their transatlantic engagement–fluctuating but perennial–means that they always have things to learn from one another.

In recent times, contrary to European prejudice, it is the Americans who have been more willing to leave their comfort zone. Whereas not even Coolmore have lately been rolling the dice on the dirt at the Breeders' Cup, American raiders have increasingly enriched the pageant of Royal Ascot. And while doing so won't generally involve a formal switch of surface, just tell that to Tepin (Bernstein) after she won over a straight mile of mud.

But while they say that travel broadens the mind, both camps must remain wary of hasty judgements in what remain relatively fleeting encounters.

When they see Wesley Ward's runners blazing away in front, for instance, the locals don't simply perceive differences in the education of horses. Instead they feel vindicated in a vexing misapprehension that Americans breed for one-dimensional speed.

As they say in England: “Give a dog a bad name and hang him.”    The paradox is that speed, nowadays, is actually the obsession of Europe's commercial breeders–and American programs are increasingly tapping into that. Yet while doing so is yielding big results, both at Ascot and in a weaker turf program at home, it arguably risks exposing the speed-carrying American Thoroughbred to precisely those deficiencies that have diluted the Classic gene pool in Europe.

But that, by now, is doubtless a wearily familiar complaint. So perhaps a more pertinent reflection on Ascot week, this year, relates to the setting itself. For the grandstand, majestic even when not yet revitalized by full capacity, actually owes something to a less obvious cross-pollination.

When the Ascot team looked around the world for inspiration, one of the places that made the deepest impression was Arlington Park. Here, they felt, was a facility that maximized respect for both participants pivotal to the sustainability of our sport: the racehorse, and the fan.

Make no mistake, Arlington was long viewed–both in its reconstruction and operation–as one of America's exemplary contributions to the global turf. In staging the first seven-figure race in 1981, with the express hope of nourishing overseas competition, Arlington pioneered a path for the Breeders' Cup and, indeed, for the Royal Ascot of the modern era. And these formative experiences, for the international sport, were replicated on a more intimate scale. As one of many Europeans to have first fallen in love with the American turf in Chicago, I'm delighted that our host in those halcyon days, Richard L. Duchossois, is being suitably honored in his 100th year by the renaming of the Million (its purse instructively deflated) as the Mister D. S. And I'm devastated that this global flagship for prioritizing public engagement with the sport should now stand on the brink of wilful scuttling.

We know that a serious offer has been tabled for the track's redemption. But we also know, now, that the Bears are really in the game. And, regardless, even the highest offer would not necessarily suffice to prevent the sellers from stifling competition to their nearby casino or any other investments they may plan for this neighborhood.

It's silly to call this greed. Churchills Downs Inc. Is no more (nor less) heartless than any other big corporation whose one and only purpose is to make money for its stockholders. Despite custody of the iconic twin spires, their only interest in sporting heritage will be in its commercialization.

I'm often assured by people who would know that CDI has people of the right caliber to ensure the prosperity of such racetracks as do fit into their plans. But with so many jewels of the American turf at the mercy of the ruthless functioning of capitalism, whether at CDI or elsewhere, then the real challenge to emulate Britain is not in breeding grass sprinters. It's whether racetrack ownership can somehow become stewardship.

The Queen and her heirs aren't going to be selling Ascot for condos and malls any time soon. Epsom and Newmarket, similarly, are owned by Jockey Club Racecourses. Obviously the model isn't invulnerable, as the past travails of NYRA demonstrate. In principle, however, putting all profits back into the business should always create a product that will commercially outperform the soulless gaming factories.

For while corporate analysts renounce racetracks as “legacy business”, with dinosaur demographics, the example of Ascot might suggest a couple of alternative thoughts. One is that conserving and investing in something that can't be measured on the balance sheet–heritage–can actually help to make a racetrack viable; that “legacy” can itself be “business”. The other is that if private track operators won't buy into that theory, then can horsemen devise a way to prove it themselves?

Not easy. But was it easy to overcome vested interests for the modern industry's game-changing communal achievement, the Breeders' Cup? When the stakes are this high, we have a duty to future generations at least to be able to say that we tried. And it's not as though our community is lacking people of adequate resource, whether in finance or brains. Obviously Ascot's ownership is a fortuitous historical boon, but a Jockey Club subsidiary had to buy Epsom, for instance, from rival bidders on the open market in 1994.

CDI wouldn't be in the game at all, remember, if they didn't think that money can be made by racetracks in the right setting and market. So if you can imagine a scenario of constant reinvestment, without a nickel payable in dividends, then who knows? Perhaps that might even relieve the sport of an undignified dependency on gambling addicts.

In the quality of the racing experience, Ascot and Arlington both deliver magnificently. But that secures only one of their contrasting business models against predation.

As it stands, horsemen and fans are sick to their stomachs at the idea of Arlington going the way of Hollywood Park and Calder. We can only hope that somehow the political equations might yet tilt CDI towards the rescue bid. But we know one thing for sure. However things play out at Arlington, this won't be the last time a storied racetrack is put up for sale. With so few players in the game, it's hard to be confident that any of them won't just pick up the ball and go home. We need to find a way to persuade them at least to sell us the ball first.

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Original Artwork Donated to Derby Museum

Kentucky artist Kacy Jackson has donated original artwork entitled “Legacy,” which features early Kentucky Derby jockeys, to the Kentucky Derby Museum. The artwork now hangs in the museum's permanent Black Heritage in Racing exhibit.

“Art, and how it has been used to document Black heritage in racing, is a key component of the museum's newest exhibit,” said Director of Curatorial & Educational Affairs Chris Goodlett. “Placing some of the greatest jockeys in history against the backdrop of the iconic twin spires and the noted garland of roses illustrates how African-American riders laid the foundation for the Kentucky Derby.”

Posters of “Legacy” have been donated by Churchill Downs and are available to museum guests for free on Juneteenth.

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Saturday Insights: Expensive OBS March Grads Square Off

Sponsored by Alex Nichols Agency

2nd-SA, $61K, Msw, 2yo, f, 5f, post time: 4:35 p.m. ET
A pair of stablemates acquired about three hours apart at this year's OBS March Sale face off Saturday at Santa Anita. EDA (Munnings), bred by one of the sire's most fervent supporters Nate McCauley, was knocked down for $240K as a Keeneland September yearling last fall and was snapped up by Susan and Charles Chu's Baoma Corp. for $550K in Ocala after breezing an eighth of a mile in :10 flat. The April 5 foal is out of a winning half-sister to Aegean (Northern Afleet), a Wesley Ward-trained speedster who won her first two career starts, including a defeat of the boys in the GIII Kentucky Juvenile S. Eda was the most expensive of her sire's 18 juveniles sold this season. Censorship (Tonalist) is the latest produce out of SW & GSP La Grange (Curlin), the dam of MGP Whiskey Bound (Afleet Alex) and a half-sister to MSP Magic D'Oro (Medaglia d'Oro) and to the dam of MSW & GSP Wendell Fong (Flat Out) and MSW Ruffenuff (Dialed In). Sold for just $10K at KEESEP, she also covered her furlong in :10 flat and fetched $300K from owners Pegram, Watson & Weitman, the priciest of nine Tonalist juveniles reported as sold this winter and spring. TJCIS PPs

Uncle Mo Firster Dealt High Draw…
11th-CD, $100K, Msw, 3/up, f/m, 5.5fT, post time: 5:58 p.m. ET
PATHETIQUE (Uncle Mo) cost Rigney Racing $450K at the 2019 Fasig-Tipton Saratoga Sale and is the first produce from Dothraki Queen (Pure Prize), who won the 2015 GII Pocahontas S. over this main track before finishing second in the GI Darley Alcibiades S. and a longshot third to Songbird (Medaglia d'Oro) in that year's GI Breeders' Cup Juvenile Fillies at Keeneland. Dothraki Queen was scooped up by China Horse Club International for $950K at FTKNOV in 2016. Pathetique hails from the female family of GI Kentucky Oaks winner Blushing K. D. (Blushing John), GSW/GISP Sovereign Award winner Ambitious Cat (Storm Cat), Hong Kong Horse of the Year Electronic Unicorn (Housebuster) and SW February Storm (Storm Cat). TJCIS PPs

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Labor Reform in Washington: Could it Help Racing?

For many trainers around the country, their biggest practical worry from day to day isn't the patchwork quilt of medication rules and regulations, or the fear that one trainer has an unfair competitive edge over another, but whether they've enough grooms, hotwalkers and riders populating their barns to properly tend to the horses in their care.

With fewer and fewer North Americans siphoning into horse racing, the sport has turned for relief, of course, with growing reliance on Central and South America–what has proven an increasingly tenuous stable of talent the more calcified the topic of immigration has become politically.

“It's always been tough,” said trainer Dale Romans, about the hiring of immigrant workers. “The whole system is messed up no matter what administration is in. It just needs to be changed and fixed.”

After many years of political atrophy surrounding the issue, however, there are a number of bills either floating around Capitol Hill already, or else waiting in the wings, which offer the promise of long-needed assistance to the industry, an integral component of which appears to be a sweeping piece of legislation called the Farm Workforce Modernization Act.

The act passed the house earlier this year, and farmworker groups met Wednesday with a bipartisan group of senators, along with agriculture secretary Tom Vilsack, to discuss introducing a senate version of the bill.

“There's all of a sudden multiple buckets,” said Eric Hamelback, CEO of the National Horsemen's Benevolent and Protective Association (HBPA), of these various pieces of legislation. “All of them, to some extent, are positive for our industry and the overall guest workers program.”

Returning worker exemption

Arguably the most commonly requested visa for backstretch workers is the H2-B, awarded to seasonal “non-agricultural” workers like those in landscaping, hospitality sectors, seafood and in some construction jobs.

The number of H-2Bs is capped at 66,000 annually, with an even split of 33,000 available for each half of the federal government's fiscal year. And while additional visas are frequently made available, they're not always enough to meet demand.

Just look at this February, when the fiscal year 2021 H-2B cap of 33,000 slots was easily reached. The Department of Labor (DOL) reported receiving applications for nearly 100,000 separate workers.

To help release a bit of steam from the system, congress has periodically enacted a returning worker provision, which permits those who had previously been in the U.S. on an H-2B visa–granted during a particular period–to be exempt from that cap.

The last time this program went into effect–towards the end of Dec. 2015–the returning worker exemption permitted those who had previously held an H-2B visa issued between Oct. 2012 and Sept. 2015 to be cap-exempt for fiscal year 2016.

That exemption expired at the end of 2016 and has not been re-enacted since.

On Tuesday, however, a bipartisan group of senators introduced the H2-B Returning Worker Exception Act of 2021 designed to develop a long-term solution to permanently address the annual H-2B visa cap.

As currently written, the bill does a number of things, including amending the definition of “returning worker” to include anyone who has entered the U.S. on an H-2B visa in any one of the 3 previous years.

The bill also seeks to streamline the application process, requiring the DOL to maintain a public online job registry. It would also implement new integrity measures and anti-fraud provisions.

Romans calls the re-enactment of the returning worker exemption something that would make it “much easier” for him to hold onto valuable employees.

“Think about running a business where you have to have 60 employees at all times, and you never know for sure if you're going to get classified or get the visas,” he said. “How can you consistently operate your business like that?”

According to Hamelback, of all the pieces of legislation swirling around Washington, this bill potentially has the most political traction.

“This is something we've always advocated for,” Hamelback said. “And this has been the first time, at least since I've been in my current role, there's been a strong champion for that.”

Agricultural worker classification

One of the biggest obstacles to securing, and then holding onto, immigrant labor in horse racing surrounds the way backstretch grooms, hotwalkers and exercise riders are not legally classified as agricultural workers.

This means they are not eligible to apply for H-2A visas, geared towards field workers and general farm laborers, among others. Why is that important? For one, there's no cap on the number of H-2A visas issued annually.

According to various sources, there's a potential bill being drafted that, if introduced and passed, would redefine the remit of the agricultural worker to include laborers related to the breeding, care and feeding of horses.

According to these sources, the bill could be attached as an amendment to the Farm Workforce Modernization Act, a sweeping piece of legislation that would provide undocumented farmworkers and their family members with a path towards legal citizenship, and impose mandatory employment verification (“E-verify”) in agriculture, among a host of other changes.

Any move to reclassify equine laborers as agricultural workers, Hamelback said, needs to be done in such a way that backstretch workers are eligible for both H-2A and H-2B visas.

“The definition is very general and open, which usually is good, and we don't want it to close the door on H-2Bs at this point,” said Hamelback.

H-2C

Back in 2017, a bill–the Agricultural Guestworker Act of 2017–was introduced into Congress which, had it proven successful, would have created an entirely new category of guestworker visa, coined the H-2C.

As envisioned, the H-2C visa was seen as a replacement to the H-2A system–seen as cumbersome, outdated and broken–bringing a more flexible program, one potentially open to workers in racing.

Indeed, the legislation received support before from key industry groups like the National Thoroughbred Racing Association (NTRA) and the Thoroughbred Owners of California (TOC).

According to Hamelback, there is talk among legislators on Capitol Hill for similar legislation to be potentially reintroduced in the near future.

“But we don't have a lot of details on that at the moment,” he said, stressing the tenuous nature of any immigration-related negotiations in the current political climate. “It's a difficult topic that sometimes isn't approached properly.”

Differences

While these bills maneuver their way through Washington–successfully or not, as we'll find out–the daily woes surrounding staffing will continue to chaff.

And so, has the advent of a new administration brought about any meaningful change to the immigration environment? Attorneys and trainers send different messages.

“The difference is huge,” said Will Velie, an Oklahoma-based immigration attorney with many clients in the racing industry.

The stringent immigration policies of the Donald Trump administration saw pretty much any illegal immigrant apprehended by law enforcement vulnerable to deportation proceedings, no matter their criminal background, said Velie.

But the new administration, he said, has reinstituted a prior policy, whereby illegal immigrants who come into contact with law enforcement are priorities for deportation only if they fit the following five categories of criminal history: Felons, gun possession, drugs, gang membership or domestic violence.

This change has had a knock-on effect for racing, said Velie, explaining how it has loosened the pressure valve on backstretch communities. “Just like that, the temperature dropped.”

Due to a COVID-related backlog in biometric appointments–a reported 1.3 million pending applicants earlier this year–the U.S Citizenship and Immigration Services has suspended fingerprint requirements for certain petitions, another development that has helped ease pressure on the system, said Albany-based immigration attorney, Leonard D'Arrigo.

“Every day, it seems, they're issuing a new executive order or some policy guidance, undoing what the prior administration has done,” he said.

According to Romans, however, from a practical standpoint, the task of finding talented and reliable staff is as difficult as it has always been. Which is why any change to the system should be broad and sweeping rather than incremental, he added.

“We need a comprehensive overhaul of the whole thing,” Romans said. “Not just a few little pieces they try to patch it up with.”

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