Letter to the Editor: First, Stop the Bleeding

T.D. Thornton's report on racetrack closures in California (TDN, 12/6/23) and Dan Ross's piece on Pat Cummings's research into Computer Assisted Wagering in California (TDN 2/13/24) are frightening for all tracks not supported by casinos/slots.

Santa Anita and Del Mar are high-profile tracks in trouble, but they are not alone. The problem? Host tracks are now receiving very little for their racing content.

Remember Napster, when a lot of people were stealing songs and nobody knew what to do about it?

I'm not Steve Jobs, who saved the music industry from Napster, but I'm going to tell you how to save Santa Anita and Del Mar and the rest of our tracks. When you understand how we came to this situation, you will see how easy it is to fix it.

I started working for the Thoroughbred Record in 1972. Then, the revenue from wagers was split 50/50 between the two “partners” in racing: half for the track and half for the racehorse owners' purse account. Each received about 8% of the on-track wager. It was a simple business isolated to the track location.

Off-track wagering across state lines was legalized with the Interstate Horseracing Act (IHA) in 1978. Although Congress has protected dairy farmers since 1946 with a “price floor” on milk, there was no price floor put into the IHA to protect the host tracks. A huge mistake!

After the IHA became law, Tommy Roberts, who pioneered simulcasting, negotiated a deal between Vegas sports books and some thirty tracks. Tommy told me Vegas said they could pay 10% of the wager to the host tracks. But, Vegas' actual offer was 2%. The tracks caved and accepted 2%, which meant the host track and purse account would only get 1% each and the bet takers in Vegas kept up to 15% of the wager. It was a very bad, upside-down deal.

The Vegas deal of 2% became the effective off-track distribution rate for every off-track bet taker, not just receiving tracks. As OTB's expanded off-track wagering locations, they cut into host track attendance, thus high-profit on-track wagering and concessions revenue dropped. Host track admissions and parking revenue vanished. Today off-track is more than 90% of all handle and host tracks and their purse accounts are suffering.

With the 2% rate in place, the major tracks were preyed upon by receiving tracks. NYRA, Keeneland and Hollywood Park all tried to increase the off-track rate for their races, but the hundred smaller tracks colluded to keep the rate as low as possible because they benefitted as bet takers on the major tracks' races. That was not the intent of the IHA.

The godsend of off-track wagering has now turned on racing and is devouring it. In the early days, most off-track bets were being made at receiving tracks and the money stayed in the sport. That ship sailed with computers and mobile phones. Today ADW's and robots are taking the most bets. What they pay the host tracks is so low they have enough margin to give up to 10% to whales. The money is bleeding out of host tracks and purses.

The first step for any business in trouble: Stop the bleeding.

Breeding, raising and racing Thoroughbreds is an agricultural business and sport. Over the years, Congress has responded with every possible advantage.

To stop the bleeding, Congress can establish a “price floor,” a minimum rate that off-track bet takers must pay host tracks. When Congress moved to save dairy farmers, lobbyists for the milk processors preying on them said the free market should set prices. But, the majority in Congress said “Sorry, we like milk and we are going to protect those who produce it.” There are many in Congress who like and care deeply about the Thoroughbred industry too.

Can we fix it? Yes, if Stuart Janney will commit to a “price floor” being put into the IHA, our tracks, purses and thousands of jobs in the industry will be saved. It is that simple.

Stuart Janney, chairman of The Jockey Club, personally committed to reduce the threat cheating has on the integrity of our sport. He worked with bi-partisan help from Andy Barr (R-KY) and Paul Tonko (D-NY) to pass the Horseracing Integrity and Safety Act (HISA). You need someone who has been successful with Congress to get back in harness and repeat the process.

Congress is the fastest way to save California tracks and all other racing states that do not have casino/slots support. As Mr. Janney related in working to pass HISA, you cannot do it state by state, or track by track. It has to be done at the federal level.

Today, the “partnership” between tracks and racehorse owners is far from simple and far from fair. Tracks have created subsidiaries outside the partnership with racehorse owners to take bets on other tracks' races and exploit the high profit margin. As a result, the percentage of off-track wagers going to purses drops every year. Purses fuel foal crops and ours have dropped from 50,000 to 17,000. Nobody wants track closures to return us to the days of Man o' War with a foal crop of 1,680.

The IHA puts people with feet of clay in position to approve multi-million dollar off-track bet taking deals. Dan Ross's piece told of death threats and extreme pressure on these individuals. To reduce the threats and the grip bet-takers have on the integrity of the wager, we need a “price floor” to protect the people giving IHA approval. The price floor will become the non-negotiable base rate for most approvals.

I don't expect tracks with wagering subsidiaries to support a price floor being put into the IHA any more than we expected all trainers and horsemen to support HISA. I don't expect those receiving rebates now to support a price floor anymore than those who got free music with Napster wanted to switch to iTunes. Most times, leaders have to step up and piss off some people to do what is right for the sport.

I believe a price floor on off-track wagers will allow host tracks to refocus on live racing that people want to see and they will be able to sell their product at a good price in the off-track market, something they cannot do today.

There's nothing magic about taking bets. Lotteries pay gas stations a 5% fee for punching in the customers' numbers and taking their wager. A price floor in the IHA is the first step for host tracks to change off-track wagering from a “buyers' market” to a “sellers' market,” where those producing the racing content drive down the costs of bet taking.

Is it more important for us to save Santa Anita, Del Mar and other tracks, or to let the money from their racing content go to Fan Duel and Draft Kings?

What is the fair rate for a price floor?

I believe it is 10%, meaning 5% of the off-track wager goes to the host track and 5% to the racehorse owners' purse account. Blended with on-track handle and imported handle, the host track and purses could exceed 15% of the total wagered on their races.

With a flat rate of 10%, mandated by federal law taking precedence, the states will not be able to pass laws to get a competitive advantage in the off-track market. We've had enough of that. (NJ passed a law prohibiting their receiving tracks from paying more than 3% to a host track.) Each host track would still have the freedom to negotiate a higher rate than the price floor for their racing content.

That's how you stop the bleeding and allow Thoroughbred racing to be turned around.

I doubt most of you give much thought to track business and off-track wagering revenue. But, in the changing world of Thoroughbred racing, that's make or break for our sport. Take the time to learn how who gets what from racing impacts the breeding shed.

And right now, for Santa Anita, Del Mar and the life you love, contact Stuart Janney at The Jockey Club and voice your support for a price floor of 10% to host tracks on all off-track wagers be put into the IHA. Quickly.

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Turf Writers President Makes Eclipse Disagreements Public

Turf writer Tom Law, the president of the National Turf Writers and Broadcasters Association, appeared on Steve Byk's radio show Thursday to discuss the disagreements the group had with its fellow Eclipse presenters, Daily Racing Form and the National Thoroughbred Racing Association, over this year's awards. Law said that the NTWAB's disagreements centered around two issues: industry organizations being added to those up for consideration for media Eclipse Awards, and the awarding of this year's Eclipse Award of Merit to Stuart Janney.

Woodbine Entertainment went on to win an Eclipse Award in the category of Feature Television programming for their production of “Secretariat: the Last Race,” and America's Best Racing, a multimedia marketing program run by The Jockey Club, received an Honorable Mention in the multimedia category for their video with Mage's owner, Ramiro Restrepo, at this year's Kentucky Derby.

Law, who represents the Turf Writers on the six-person Eclipse Award steering committee, said that in the past, the lack of unanimous approval had been enough to negate a rules change like the one to the media Eclipse Awards this year, or the awarding of a Special Eclipse Award or Eclipse Award of Merit.

“Obviously, as we all know, everything went through,” said Law of the rules change and the awarding of the Eclipse Award of Merit. “They presented the award and I asked them if we could not be included in the press release because we didn't really feel like our organization was behind it. We had basically full agreement by our board about this and about how it was handled, about how we were either ignored, or our concerns were ignored.”

The NTRA disputed Law's claims. In a statement emailed to the TDN on Thursday, NTRA President and Tom Rooney said, “With regards to the rules change, the Steering Committee continually converses to keep the rules reflective of the ever dynamic and changing landscape. Allowing industry outlets to submit media nominations, with the approval of the Steering Committee, is reflective of the changing media landscape and was agreed to by the committee. Additionally, the process for selecting any Eclipse Award of Merit and Special Award is decided on in coordination with the Daily Racing Form and the National Turf Writers and Broadcasters in the same way that it has been for the past 25 years. This year was no different.”

Byk, also an NTWAB board member, agreed with Law.

“Both of these topics essentially dictated the spirit of cooperation and collective approach that has essentially ruled this system over the last 50 years,” he said. “It was clearly abandoned here. And the Eclipse Award of Merit, in fact, three of the last four years, or three out of the last five years, I think, wasn't awarded. It's something that you mentioned at Steering Committee, it gets floated and everybody has to agree. Everybody did not agree, and I was very proud of the collective, frankly, of the Turf Writers and Broadcasters when we had these discussions that we forcefully said, `This is a divisive decision and inappropriate at this juncture, but it was basically forced upon us and the forum.'”

Law, who won an Eclipse Award in 2022 for his story “Big Tally” in the Mid-Atlantic Thoroughbred, told Byk, also an NTWAB board member, “I'm not even a year removed from winning one myself, so I understand what it means to win one. I don't take any of this lightly, and it was a serious business to me, and it still is. And after 12 years as President of the Turf Writers, I take it seriously and it means a lot, and I feel like I'm representing a large majority of our members with these statements that I'm making to you now. And, certainly, with the support of my board, which is very diverse and has a great representation of all the trade publications and geographic locations, as well, in print and broadcasting.”

The Turf Writers hadn't gone public with their disagreement until they had had the opportunity to discuss the issue with their members, which happened in a Zoom call Wednesday.
Law said that the Turf Writers had put an individual forward several years ago, and despite a 5-1 vote to award the Eclipse of Merit to that person, the one `nay' vote overruled that. “I didn't agree, but I played the game,” said Law. “Didn't complain about it. Didn't cry about it. But as I mentioned to our members yesterday, someone asked `what do they think will happen going forward?' I said, `Well, I mean, we've just emboldened them now. If you think that this won't happen again, you're mistaken.'

Archives of Byk's show are available here.

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After Great White Way Stakes Fiasco, Repole Calls for Jockey Club Leaders to Resign

In the aftermath of the controversial running of Saturday's Great White Way S. at Aqueduct, in which Brick Ambush (Laoban) crossed the wire second but was disqualified and placed last, outspoken owner Mike Repole has called for the resignation of The Jockey Club's president and CEO Jim Gagliano and its chairman Stuart Janney III. He did so Wednesday in a post to his account on the social media website X.

Repole, who did not have a horse in the race, recently announced the formation of The National Thoroughbred Alliance (NTA), an organization he hopes can bring needed change to a sport he has said is rudderless and in steep decline.

“I'm asking for the immediate resignation of both the Chairman/CEO and President of The Jockey Club and I appeal to the board members of The Jockey Club to terminate the operating leadership,” Repole wrote. “The industry needs help, we are in an extreme crisis. Let's take action!!!!!”

Neither Gagliano nor Janney responded to a request for comment at deadline for this story.

The Jockey Club employs Samantha Randazzo, one of the three stewards working at the NYRA tracks. Other than that, it was unclear why Repole placed the blame for controversy on The Jockey Club. He did, however, make it clear that he is frustrated with the organization and labeled it the “old guard.”

In a roughly run race, there was an incident near the quarter pole in which three horses came together, bumped and were steadied. At the time, Brick Ambush was racing well outside of that trio, kept a straight path and did not make contact with another horse. The consensus since the race is that the stewards mistakenly took down the wrong horse.

Race winner Antonio of Venice (Laoban) may have started the pile-up when he came off the rail under Manny Franco after being blocked. It's also possible that the stewards mistook Brick Ambush for Solo's Furry (Solomini), who may have come over a path or two. Brick Ambush was racing outside of Solo's Fury, who was eased after the incident, and the jockeys of both horses wore green silks.

Brick Ambush's owners Dean and Patti Reeves attempted to appeal the decision, but were informed by the New York Gaming Commission that disqualifications are final once the race is made official and cannot be reversed.

The disqualification cost the owners second-place money of $100,000.

Not only did the stewards disqualify Brick Ambush, they handed his jockey, Junior Alvarado, a three-day suspension for careless riding.

“Dean and Patti Reeves are great owners and wonderful people,” Repole wrote. “This sport is very fortunate to have them. The events at Aqueduct last Saturday were brutally unfair to them. Their horse should have been placed first, instead he was disqualified. The bettors, the fans, the trainers, jockeys and owners were blatantly hurt in this situation. With no governing body in place or people policing the sport, they can't even appeal an atrocious ruling.

“The more I dig deeper into this situation, the more I place the blame on the operating leaders, Chairman/CEO and President of The Jockey Club,” Repole wrote. “I have an incredible respect for the great leaders on the board of The Jockey Club. They have great passion for this sport. Let's unite and work together and rebuild The Jockey Club into a trusting organization that can represent and govern this wonderful sport while working with all people associated in the industry to make racing better. We all need to have an immense sense of urgency and we must move quickly.”

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Letter to the Editor: `Give The Jockey Club to the Industry’

It is time for Stuart Janney to make his greatest gift to racing.

On Sunday afternoon, I received a text from a colleague alerting me that I should tune into 60 Minutes later that night to watch their feature, “Horse Racing Reform?”

Never before has it been more clear that as the sun begins to set on 2023, we are well past time to modernize the structure of The Jockey Club to make it accountable to all Thoroughbred industry stakeholders. The Jockey Club ought to be a fair representation of the industry and the industry should guide its future. No one man or family should have absolute control over The Jockey Club. In the current climate, it is no longer acceptable for industry participants to be kept in complete darkness.

We implore you, Mr. Janney, to give the greatest gift to those of us still in love with the greatest game by taking the CLUB out of the Club. Eliminate the secrecy. Change the structure of The Jockey Club so that industry stakeholders have the opportunity to elect the members and board who may in turn control the finances, agenda, and direction of the industry with a transparency beneficial to all.

Mr. Janney, give The Jockey Club to the industry.

–Max Hodge

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