‘I Feel Like We Got Screwed’: HISA Rules Void Claim Over Class 4 Medication Positive

Owner Scott Haney and trainer Dorothy Worton expressed their frustration in The Racing Biz after the Horseracing Integrity and Safety Authority's national voided claim rule cost them a horse they would have preferred to keep. They successfully claimed Koko Star from a $10,000 race at Colonial Downs on Aug. 1, but later had that claim voided when post-race testing revealed that Koko Star had returned a positive test for methocarbamol, a muscle relaxant.

Rule 2262 of the HISA Racetrack Safety Rules states that claimed horses will go to the test barn. Claims will be voided if the horse dies, is euthanized, or is vanned off the track, if the regulatory veterinarian determines the horse to have bled, be “physically distressed, medically compromised, unsound, or lame” within one hour of the race, or if the horse tests positive for a prohibited substance.

However, owners dropping a claim will be able to select an option on the claim form if they want the horse regardless of whether the horse is placed on the veterinarian's list, if the horse bleeds, or if the horse has a positive test post-race.

Those aforementioned options are listed as a single “check mark” box on the claim slip.

“I feel like we got screwed because we didn't do anything wrong,” Worton told The Racing Biz. “We claimed the horse; we didn't mark the box because we're thinking, if the horse ends up three-legged lame, we don't want him.”

Koko Star had been in his new connections' stable for 11 days when Worton got a call from Virginia stewards on Aug. 12, explaining that there was a potential issue with the post-race test. By that time, the trainer had entered Koko Star in a race on Aug. 15, but stewards scratched the horse pending resolution of the test.

On Aug. 19, stewards told Worton that a positive had been confirmed for methocarbamol, a class 4 drug, and on Aug. 22, stewards issued a ruling disqualifying Koko Star, fining original trainer Doug Fout $1,000, and voided Worton's claim.

Worton and Haney didn't want to have the claim voided over a class 4 positive; prior to HISA, some states allowed owners discretion as to whether or not to void a claim in the instance of a positive test. This is one of those instances in which such discretion would have been useful, Haney said.

“They were going in the right direction [with void-claim rules], giving us a safety net, a little bit,” Haney told The Racing Biz. “They should have not taken all discretion away from the owners. We should have some say.”

This isn't the first instance in which owners and trainers have been unsatisfied with the new HISA voided claim rules: HISA: First Claim Voided Due To Medication Positive Met With Confusion, Resistance

Read more at The Racing Biz.

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NTRA: H-2B Visa Cap Met For First Half Of Fiscal Year 2023

U.S. Citizenship and Immigration Services (USCIS) announced Wednesday that they have received enough petitions to reach the congressionally mandated cap on H-2B visas for temporary nonagricultural workers for the first half of fiscal year 2023. USCIS will reject new cap-subject H-2B petitions received after Sept. 12, 2022 that request an employment start date before April 1, 2023. With many in the Thoroughbred industry relying on H-2B visas, we are sharing this for your information.

USCIS will continue to accept H-2B petitions that are exempt from the congressionally mandated cap. This includes petitions for:

Current H-2B workers in the United States who extend their stay, change employers, or change the terms and conditions of their employment;
Fish roe processors, fish roe technicians, and/or supervisors of fish roe processing; and
Workers performing labor or services in the Commonwealth of Northern Mariana Islands and/or Guam from Nov. 28, 2009, until Dec. 31, 2029.

U.S. businesses use the H-2B program to employ foreign workers for temporary nonagricultural jobs. Currently, Congress has set the H-2B cap at 66,000 per fiscal year, with 33,000 for workers who begin employment in the first half of the fiscal year (Oct. 1 – March 31) and 33,000 (plus any unused numbers from the first half of the fiscal year) for workers who begin employment in the second half of the fiscal year (April 1 – Sept. 30).

NTRA will continue to advocate before Congress for the passage of permanent solutions to temporary worker issues in the Thoroughbred industry.

For more information, visit the Cap Count for H-2B Nonimmigrants page and should you need any additional assistance please contact our office.

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Fall Steeplechase Season Offers Purses Of $1.9 Million; Action Returns To Aqueduct For First Time Since 1974

After a successful 24-race summer campaign at Colonial Downs and Saratoga, the National Steeplechase Association launches its two-month fall season on Sept. 15, with the first of a dozen meets that will take place as far north as Geneseo, N.Y. and as far south as Pine Mountain, Ga.

The march to year-end honors begins with a historic return to Aqueduct Race Track in South Ozone Park, Queens, on Thursday for the $150,000 Grade 1 Lonesome Glory and $75,000 William Entenmann novice stakes. It will be the first steeplechase at Aqueduct since 1974. The entire 28-day Belmont Fall Meet has been moved to the Big A as a result of a major construction project to build vehicle and pedestrian tunnels, the latter eventually enabling patrons to enter the infield from the racetrack's parking lots and Long Island Railroad station. The project is part of a broader overall plan to revamp the entire facility along with its racing surfaces.

Steeplechasing has a storied past at all three New York Racing Association tracks, and in 197I, for example, Aqueduct hosted 21 of the 57 steeplechase races on the circuit. While there are far fewer jump races at the flat tracks today, NYRA continues to showcase the sport's major events, including the Lonesome Glory as well as the A.P. Smithwick, and Jonathan Sheppard stakes, three of the year's five Grade 1 hurdle contests.

“We (the NSA) are greatly appreciative of NYRA's offer to allow us to be a part of opening day of the Belmont at the Big A fall meet,” said Director of Racing Bill Gallo. “It has been quite some time since we last raced over jumps at Aqueduct, but like Saratoga and Belmont, there is a rich history of steeplechasing in New York, and NYRA management continues to support that tradition.”

The last steeplechase race run at Aqueduct was on July 24, 1974, when Powhatan Stable's Afilador won an allowance hurdle for trainer Pat Graham. Legendary New York flat trainer Leo O'Brien (now retired) rode the winner, so there is a lot of nostalgia and tradition attached to the return to Aqueduct. Back in the 1950's and 60's steeplechasing was a regular part of the NYRA program at Aqueduct, Belmont and Saratoga. That peaked in 1970 when 83 jump races were run in New York for total purses of more than $850,000.

Since that time the steeplechase program has been modified and more focused on the summer at Saratoga and the fall at Belmont. These two hurdle races at Aqueduct are major events on the NSA calendar, linking the stakes action at Saratoga and championship day at Far Hills, N.J., on October 15, an all-stakes card anchored by the $250,000 Grand National.

And this year's running of those linchpins will showcase the best the sport has to offer. In the Lonesome Glory, at 2 ½ miles, dual 2022 Grade 1 winner Snap Decision totes highweight of 168 pounds – 18 to 28 pounds more than his seven mostly familiar foes under the race's handicap conditions. The eight-year-old Bruton Street-US star, trained by Hall of Famer Jack Fisher and ridden by Graham Watters, is two for three over hurdles this season, and is coming off of a 13 ¼-length blowout in the $150,000 Jonathan Sheppard at the Spa last month. The last time a horse carried 168 pounds to victory in New York was R.D. Hubbard's Mistico, trained by Jonathan Sheppard, in 1994. Snap Decision finished second, carrying 164 pounds, in last year's Lonesome Glory, to Buttonwood Farm's The Mean Queen.

Speaking of The Mean Queen, the six-year-old Irish-bred mare, a winner of six of eight last year, hasn't run since the 2022 Grand National, in which she narrowly defeated Snap Decision to clinch the Eclipse Awards. An injury kept her on the sidelines, and her connections were in no hurry to bring her back to the races since her main objective is to travel to Cheltenham in England next season to compete in the Mares' Hurdle.

The Mean Queen makes her long-awaited return in the 2 ⅜-mile Entenmann as she remains eligible for novice competition because she didn't win over jumps until after March 1 of 2021.

Under the Entenmann's conditions, The Mean Queen, trained by Keri Brion, carries 158 pounds, only two to eight pounds more than her six ambitiously placed rivals. Parker Hendriks has the mount.

Should both heavy favorites win on Thursday, it would set the stage for a dramatic showdown at Far Hills under the Grand National's weight-for-age conditions.

The Entenmann will go off as the first race on Thursday's 10-race opening-day card at the Big A. Post time is 1 p.m. The Lonesome Glory is race two. The entries can be found here: https://nationalsteeplechase.com/wp-content/uploads/2022/09/NYRA-Aqueduct-Overnight-Sept15.pdf

NYRA races are broadcast live on Fox2 TV, with replays available on NYRA website, https://www.nyra.com/saratoga/racing/replays. You can also live stream via the NSA website, www.nationalsteeplechase.com.

The full fall schedule

Shawan Downs Legacy Chase, Hunt Valley, Md., Sept. 24

Foxfield Fall, Charlottesville, Va., Oct, 2

Genesee Valley Hunt Races, Geneseo, N.Y., Oct. 2

Virginia Fall, Middleburg, Va., Oct. 8

Far Hills, Far Hills, N.J., Oct. 15

International Gold Cup, The Plains, Va., Oct. 22

Aiken Fall, Aiken, S.C., Oct. 29

Steeplechase at Callaway Gardens, Pine Mountain, Ga., Nov. 5

Montpelier Hunt Races, Montpelier Station, Va., Nov. 5

Pennsylvania Hunt Cup, Unionville, Pa., Nov. 6

Steeplechase of Charleston, Hollywood, S.C., Nov. 13

To download the condition book, click here: https://nationalsteeplechase.com/wp-content/uploads/2022/08/NSA-ConditionBook-Fall-2022-RevisedAug9.pdf

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Van Dyke Fined, Suspended For HISA Crop Violation; Owner May Lose $48,000 Purse

Jockey Drayden Van Dyke has been suspended three days and fined $960 for using the riding crop five strikes over the limit aboard Ruis Racing's Bolt's Broad in the sixth race at Del Mar racetrack in Del Mar, Calif., on Sept. 9.

Under Horseracing Integrity and Safety Authority regulations, penalties for Class 2 riding crop violations (four to nine strikes over the limit of six) also call for the horse to be disqualified from purse earnings.

Mike Marten, spokesperson for the California Horse Racing Board, said any purse disqualification is considered a separate matter and requires a hearing. The owner, trainer, and jockey will be notified of a hearing so they may be present, Marten said, adding the hearing with the connections of Bolt's Broad will be scheduled “very soon.”

Bolt's Broad, trained by Shelbe Ruis, finished first by a nose in the one-mile maiden race run on dirt after being transferred from turf because of wet conditions. Last early, the 2-year-old filly from the first crop sired by Bolt d'Oro rallied wide into the stretch under Van Dyke and caught Classymademoiselle and jockey Diego Herrera at the wire.

Winner's share of the $81,000 purse was $48,000.

Photo finish showing Bolt's Broad winning by a nose

Van Dyke appeared to strike Bolt's Broad six times in the final sixteenth of a mile. The HISA rule, in addition to limiting a jockey to six strikes, also states, “The rider must allow at least two strides for the horse to respond before using the crop again.”

The ruling does not affect pari-mutuel wagering. Bolt's Broad paid $42.60 to win.

This was Van Dyke's second HISA riding crop violation since the rules went into effect July 1. He previously was fined $250 and suspended one day for going two strikes over the limit – a Class 3 violation (one to three strikes over the limit) – in a July 29 race at Del Mar.

Van Dyke received three points for the first violation and five for the most recent one. Under HISA's multiple violations rule, riders may receive an additional seven-day suspension when they have accumulated between 11 and 15 points; 15 days for 16-20 points; and 30 days for 21 or more points. Points expire six months after a Class 3 violation, nine months after a Class 2 and one year after a Class 1 (10 or more strikes over the limit).

Van Dyke's suspension is scheduled to run Sept. 17, 18 and 22 but he may participate in designated stakes races on those days.

Below is the replay of Bolt's Broad's Sept. 9 win.

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