Tag: The Biz

CHRB ‘Recognizes The Importance Of A Free And Independent Press,’ Revises Media License Policy

The following statement was released by the California Horse Racing Board on Aug. 10. You can learn more about the situation in this story from Aug. 9. 

While the California Horse Racing Board values safety and security in the stable area, it also recognizes the importance of a free and independent press. After considerable feedback, rather than requiring licenses or visitors passes for stable area media access, the CHRB will allow publicity departments to issue credentials for visitor access to the stable areas.

The CHRB will hold the racetracks responsible for the conduct of credentialed media they authorize for stable area access.

The CHRB needs to know who has been authorized by racetracks to enter stable areas, so publicity departments have agreed to provide the names of those individuals.

The CHRB has made it clear that the lists will not be submitted for CHRB approval. The information will be used solely for the purpose of understanding who the tracks have authorized to be in the restricted area.

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HISA: First Claim Voided Due To Medication Positive Met With Confusion, Resistance

Thanks to the Horseracing Integrity and Safety Authority's institution of a nationwide Voided Claim rule, a pair of Thoroughbreds have been returned to their original owners after testing positive for a prohibited substance.

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.

According to stewards' rulings reports issued by the HISA, the first voided claim under these circumstances was that of Pow Pow at Arapahoe Park in Aurora, Colo. The 3-year-old filly won a $3,200 claiming race on July 3, 2022, when conditioned by trainer Stetson Mitchell on behalf of owner Ramseye Mitchell. 

Pow Pow was tested as the first-place finisher in that race, and after leaving the test barn was handed over to the winning claimants: trainer John McDonald and owner Ronnie Roberts.

On July 15, the Colorado Division of Racing Events received a confirmed positive test on Pow Pow for the drug albuterol. Albuterol is a prohibited substance in Colorado and a horse is placed on the vet's list for 180 days as a result of the positive test from the primary laboratory.  

On July 17, Pow Pow raced at Arapahoe for her new connections. The filly finished seventh and last in a $22,200 stakes race.

A report from Division of Racing Events policy analyst Zach Ceriani indicates that the HISA claim form, which allows owners to decline some voided claim protections, was not in use on July 3 because “it was the first day of the meet and we did not have access to the claim form.”

At that point, Pow Pow should have been immediately returned to owner Ramseye Mitchell, but there was a disagreement about whether the horse had to go back.

The next day, July 21, 2022, Mitchell signed a request for a split sample. That is the trainer's right, according to racing regulations in Colorado regarding post-race testing (HISA's prohibited substances rules do not go into effect until January of 2023). 

The sample went out to the lab on Tuesday, Aug. 2. The commission was quoted up to six weeks for the return of those test results, after which a hearing will be held to determine a ruling for the positive test (pending appeal).

Meanwhile, despite the supposed 180 days Pow Pow is mandated to be on the vet's list, Equibase lists the filly as working a bullet three furlongs at Arapahoe on July 26, when she would still have been in new trainer John McDonald's care.

According to Division of Racing Events communication supervisor Suzanne Karrer, Pow Pow was placed on the vet's list for 180 days from July 15, 2022, through Jan. 11, 2023. The Division is looking into why PowPow was worked on July 26.

Pow Pow was eventually returned to her original owner's care, moving back into Stetson's barn on July 31.

To date, HISA has not received any information about an appeal of the voided claim for Pow Pow.

[Story Continues Below]

The second voided claim due to a prohibited substance occurred in connection with a race on July 5 at Mountaineer Park in New Cumberland, W.V. 

Racing for owner Tracey Wisner and trainer Shane Spiess, Spice It Up finished second in a $15,000 optional claiming race. The 6-year-old was claimed out of that race by trainer Juan Pablo Silva on behalf of Tijuana Racing Stables.

A West Virginia Racing Commission ruling dated July 26 indicates that Spice It Up tested positive for flunixin after that July 5 race. Spiess waived his rights to a split sample and a hearing; the mare was disqualified and Spiess was issued a $500 fine.

In addition, Spice It Up was ordered returned to Wisner's ownership.

The concept of the void claim rule was first introduced in 2006 at the very first Welfare and Safety of the Racehorse Summit, which was organized by The Jockey Club. At first, safety experts suggested a good rule would invalidate claims on horses who died in the course of a race or were euthanized on track due to a catastrophic injury. Since then, some jurisdictions have expanded the concept to give claimants the option to void if a horse is vanned off a racetrack with an injury, or situations where a horse is declared by an official veterinarian to be lame after the gallop out or in the test barn after the race.

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Racing Media Push Back After CHRB Staff Demands They Be Licensed

The California Horse Racing Board announced a new policy on Aug. 8 which would require members of the media to obtain and pay for licensure through the state regulatory body in order to access the stable area at California tracks. The new policy, which was not voted upon by the commission but was instead a staff decision, would make California the only state requiring members of the press to hold licenses issued by the state regulatory body they may be covering.

Typically, working members of the media apply to racetracks for credentials to access the backstretch and to the media working space at the facility. The media member's employer may be asked to verify that the reporter is working on assignment and requires the access requested, but credentialing is usually a private property access decision. For some undefined number of the racing press, that could still be the process, according to the CHRB's announcement.

“This practice will continue for those who infrequently need access to stable areas. But those with a more regular presence in stable areas will need to acquire a CHRB “Z” (Other) license from one of the CHRB licensing offices,” read the announcement. “The fee for a Z license is $75, and depending on the applicant's birth date, the license is good for two to three years. All applicants must be fingerprinted and are checked for California and nationwide criminal history. Individuals have until August 31 to come into compliance.”

Nowhere did the announcement define “infrequent” or “regular” access, leaving out-of-state reporters who cover select meets or major events in California confused about what their requirements would be.

Many in the racing press fear that if California's policy stands, it will become standard across all racing states, leading to restricted access and ballooning expenses for the few outlets that still cover horse racing.

Although most individuals licensed by a state racing commission are also required to register with the Horseracing Integrity and Safety Authority, HISA CEO Lisa Lazarus said Aug. 9 that she did not anticipate this being a requirement for media.

“I do not believe we would require media to register as being licensed by a state racing commission is only one element of the test,” said Lazarus via email. “The second is whether or not the person interacts directly with horses.”

When asked what drove the change in policy, CHRB spokesman Mike Marten indicated it stemmed from confusion around a former exercise worker who went to work for XBTV, which is owned by The Stronach Group.

“A former exercise rider who now works for a racing network tried to get her license renewed but someone pointed out that she was not eligible for the license because she has not exercised horses in years,” said Marten via email. “This prompted licensing personnel to ask under which category she should be licensed. I believe she wound up being licensed as a track employee because of her association with the track-owned racing network XBTV. But her employer was curious about the term Media License that had been mentioned during the discussion. Of course, there is no category Media License, but as it was mentioned, her employer later asked the CHRB for clarification. The matter reached Executive Director Scott Chaney and Chief of Enforcement and Licensing Shawn Loehr. They recognized that CHRB Rule 1481 was not being enforced in regards to news media.”

CHRB rule 1481 states that “A person acting in any capacity within the restricted area of an inclosure, simulcast facility or auxiliary stabling area shall procure the appropriate license(s) and pay the fee required.” However, Section 4 of the 2022 California Code of Regulations, which lists the costs of licenses for various positions on the backstretch (trainer, assistant, exercise rider, etc.) does not make any mention of a media license.

Predictably, reporters who could be impacted by the policy change immediately registered displeasure at the announcement. Both the National Association of Turf Writers and Broadcasters (NTWAB) and the Associated Press Sports Editors sent letters to CHRB executive director Scott Chaney decrying the policy. Those letters are printed in full below. (Editor's note: The author is a board member of NTWAB.)

Letter from NTWAB: 

Mr. Scott Chaney,

The National Turf Writers And Broadcasters vehemently opposes the Aug. 8, 2022 decision by the California Horse Racing Board to “require all individuals who enter the stable areas, including members of the news media, to obtain a CHRB license.”

Professional members of the news media do not fall under the California Code of Regulations 2022 Rules and Regulations Title 4, Division 4, Article 4 (Occupational Licenses), Rule 1481. Members of the news media are acting independently and not in the involvement of operation of a racetrack and/or care of racehorses.

Members of the news media, for decades, have been granted access to racetracks across the country through publicity departments and the Turf Publicists of America to conduct business without a license and/or required to pay a fee to do their jobs. The requirement by the CHRB for members of the news media to purchase a license sets an unnecessary and bad precedent for the racing industry besides the First Amendment implications of government licensing the free press. If media members needed to be licensed, the same logic could be twisted to say the CHRB then could discipline media members as well.

The NTWAB Board of Directors and its members strongly encourage the CHRB to reverse this decision and allow the news media to continue to operate independently and after the approval of racetrack management.

Sincerely,

Tom Law

President, National Turfwriters and Broadcasters

Letter from the Associated Press Sports Editors:

Dear Mr. Chaney,
First let us introduce ourselves, we represent the Associated Press Sports Editors. Jorge is the president. Gerry and John, who you know well, are co-chairs of the Legal Affairs Committee. APSE is a nationwide group that represents almost every print and online media organization in the country and some broadcast outlets such as ESPN. We are considered the major voice for sports media in the U.S.
It has come to our attention that the California Horse Racing Board just issued a directive that media wishing to regularly cover the backstretch at your tracks in California, to include Santa Anita, Del Mar, Los Alamitos and Golden Gate Fields, must obtain a license from the CHRB, which includes finger printing and a background check.
In short, in the strongest possible terms, we object to it in that it allows you the ability to control the coverage and make us pay a fee for the “privilege.” Nowhere in the directive does it even explain what offenses might disqualify someone from getting a license or if it is just the whim of a staffer. It's our understanding this move was made without consulting any media groups for input.
We have had similar attempts for background check requirements from everyone from the NFL to the NBA to NASCAR to the United States Olympic Committee. In every case we have prevailed. It is up to us to determine the quality and honesty of our employees, not you. If it is a fact that too many media credentials are issued by the tracks, that is an issue between you and the tracks without punishing legitimate media. If there have been problems with legitimate media, please share. We care more than you would believe.
No league or sporting group has ever gone to the extreme of requiring finger printing.
We know you might say that there is an option for the local tracks to offer one-day passes. So, what happens, as it often does, if you are talking to a trainer at Clockers' Corner and you follow them back to their barn, only to be stopped by security because Mike Willman hasn't said it is OK because he didn't know about the impromptu interview?
Under this rule we can't interview George Papaprodromou, a true feel-good story worth telling,  at his barn about his Del Mar meeting without someone's permission?
And then there is the issue of the Breeders' Cup. Santa Anita hosts next year and under your rules it creates media chaos of those wanting to interview on the backstretch. John has contacted Jim Gluckson of the Breeders' Cup about this. He said he is investigating. Could this impact future Breeders' Cups in California?
It's a very odd stance when horse racing is a sport that desires more coverage but this rule only discourages it. The CHRB has been a leader in horse racing safety and making it a better sport. That's what makes this stance so puzzling.
We're sure this rule was well intended but sometimes even the most thoughtful plans have unintended consequences. We believe, and sincerely hope, this is the case.
So, we respectfully ask that this directive be rescinded. It has not yet become a national issue of regulatory overreach and that's the way we would prefer it. Our preference is always to get in front of an issue before it blows up allowing for a graceful and quiet solution by everyone.
Please consider our request. We are always available to talk about this.
Best regards,
Jorge Rojas
President, APSE
Gerry Ahern
APSE legal affairs committee co-chair
John Cherwa
APSE legal affairs committee co-chair

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FTBOA Making Voluntary HISA Contributions, Seeks Alternative Funding Options

On Friday, Aug. 5, the Florida Thoroughbred Breeders' and Owners' Association (FTBOA) advised the Florida Thoroughbred Horsemen's Association (FTHA) that the FTBOA will immediately begin making voluntary monthly contributions to help the FTHA offset a portion of its payments to the new federal Authority as it implements HISA at Gulfstream Park.

The FTBOA delivered its first monthly check to the FTHA that same day, as the initial installment of its anticipated $250,000 annual contribution. At the same time, the FTBOA committed to work with the horsemen and track to explore alternative funding sources to cover the increasing HISA costs that the horsemen and track will be responsible for going forward.

“The FTBOA appreciates the very worthy objectives and goals of HISA, but we also understand the significant financial and logistical challenges and burdens placed on the tracks and on horsemen and owners, many who are also FTBOA members, as they grapple with what most in our industry would agree has been a sometimes-rocky road toward full HISA implementation,” commented FTBOA CEO Lonny T. Powell.

“Stepping up on behalf of the state's breeders goes beyond just providing financial support — it demonstrates in a very concrete way our belief that this industry will thrive only if we move forward into the future together. Supporting FTHA and Gulfstream in this way is a perfect example of Thoroughbred horsemen helping each other. It also demonstrates our desire to support HISA and our industry's current and future efforts to keep the safety and welfare of our Thoroughbred racehorses the top priority at the track. Though we would all acknowledge that the recent launch of HISA under federal supervision has sometimes been confusing and frustrating, I am impressed with HISA's CEO and believe we need to give her and her team a chance to move the program forward. That's not to say that things don't need to improve, including the current lack of a realistic and less industry-draining model for covering HISA's regulatory costs. “

“This problem must be realistically dealt with by the industry coast-to-coast, including, and I think I speak for many of the states on this, the numerous individuals and organizations that helped bring HISA across the wire. Their impressive dedication and leadership is now needed on the financial part of the equation. Their continued hard work and passion will go a long way toward making HISA and its goals even more achievable and timely.”

“The FTBOA's contributions are only possible because of an innovative ADW partnership we have in place with Gulfstream and the FTHA. We came together on this based on the challenge of dealing with Churchill-owner Calder's exit from live racing several years ago and the resulting loss of purse and breeder awards funds. Our HISA payments actually closely equate to the amount we had hoped to add to our Florida-bred purse supplements at Gulfstream in an effort to start growing back our Florida-Bred Incentive Fund.  This program was jointly funded by the FTBOA, FTHA, and Gulfstream in years past, but the FTBOA was the sole funder in 2022.”

“Our thinking on the use of those funds changed after we spoke to The Stronach Group and truly appreciated the additional HISA regulatory costs being borne by our Miami partners.  After some quick research and internal discussion, it was pretty clear to us that, at least in the foreseeable future until changes are made to the HISA funding model in Florida, it would be better for all concerned to re-direct those ADW revenues from the FBIF to the immediate and present demands driven by HISA and the Authority.”

“Though no state breeders' association has the resources to substantially offset the HISA costs imposed on the tracks and their horsemen, I think most of us certainly are trying to step up and volunteer our support in the name of horse racing safety and integrity. I expect there are a wide and diverse set of possibilities under consideration by breeders' groups throughout the country based on their individual circumstances and their market and regulatory situations.”

“Beyond the FTBOA's direct economic support to the FTHA in offsetting some of HISA's regulatory costs, this action takes place alongside our continued commitment to work together with our Florida horsemen and track partners to seek possible legislative solutions like alternative HISA-funding options, etc. Additionally, we are always happy to work with the FTHA and Gulfstream to educate, inform and update owners, horsemen, and other industry members around the state on HISA matters through our ever-expanding Florida Equine Communications media products and platforms.”

“Once we get through this initial HISA adjustment phase, I would love for the three of us to then roll some of that same collective energy into other impactful programs, like growing the number of Florida-bred owners through active recruitment and retention. With Florida-breds currently winning more than 40% of Gulfstream's races – and with more than 70% of those Florida-bred winners sired by Florida stallions, it is obvious that Florida Thoroughbred breeding, sales, and ownership are the foundation upon which our track partner's racing programs operate all year long, in both the winter and the summer.”

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