Fort Erie Backstretch Opens With Optimism For 2022 Season

With only seven weeks until opening day, the backstretch has opened and horses have started training for the 125th season of live racing at Fort Erie Race Track.

The mood across the backstretch is very positive, with horsepeople happy to be back in Fort Erie and excited for the return of live thoroughbred racing.

“At this time we are planning for a season fully open to all fans, and we're hoping the public health guidelines allow it to stay that way,” said general manager of the Fort Erie Live Racing Consortium, Drew Cady. “We've missed having special events and being fully open to our loyal fans, and we're looking forward to getting back to normal while still maintaining a safe environment for everyone.”

Julie Mathes, Fort Erie's leading trainer for the last two seasons, said she's looking forward to the upcoming meet.

“It's been a long, cold, hard winter and we're excited to get this year started,” she said.

Mathes finished last season with 23 wins for her owners Bruno Schickedanz and Dave Mathes, who she will be training for again this year.

Trainer Gary Chudobiak also expressed optimistic sentiments for the upcoming season.

“We're happy to be back and happy that restrictions are being lifted for the sake of the industry. I hope everyone stays safe and healthy, and we have a normal season with fans and events so that our industry can thrive.”

Opening day is Tuesday, May 31, with the first race going off at 4:05 p.m. The event will highlight the start of Fort Erie Race Track's 125th racing season, with a free anniversary t-shirt giveaway with program purchase to the first 2,000 fans. After the races, Jonesy will take to the stage at the Tiki Bar for a free concert.

Live racing will run primarily Mondays and Tuesdays from May 31 to October 18 with some Sundays, including Father's Day on June 19. This season will see the return of many family-favourite events, including wiener dog races on Sunday, July 17, and basset hound races on Sunday, Aug. 14. The 87th Prince of Wales Stakes, the second jewel in the Canadian Triple Crown and Fort Erie Race Track's signature event will take place on Tuesday, Sept. 13.

Admission and parking are free, and all ages are welcome to attend our family-friendly venue. More information about the upcoming racing and event schedule can be found at www.FortErieRacing.com.

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Medina Spirit Disqualification: KHRC’s Administrative Hearing Delayed To June 28

An administrative hearing in the Kentucky Horse Racing Commission's disqualification of Medina Spirit from the 2021 Kentucky Derby has been delayed, reports bloodhorse.com. Originally scheduled to take place in front of a hearing officer on April 18, the hearing will now begin on Tuesday, June 28.

The hearing officer listens to all the evidence presented by both sides, then makes recommendations to the KHRC.

The KHRC officially disqualified Medina Spirit due to a positive test for betamethasone on Feb. 21, 2022. Trainer Bob Baffert appealed that decision, as well as his accompanying 90-day suspension, and requested that the commission issue a stay of the suspension until the appeals process played out. The KHRC voted not to stay Baffert's suspension, and a legal appeal of that decision also failed.

Franklin County Circuit Court Judge Thomas Wingate issued a ruling on March 21 siding with the Kentucky Horse Racing Commission (KHRC) and denying Baffert's bid to overturn the commission's refusal to issue a stay of his suspension, leading Baffert to his filing for an emergency stay with the state's Court of Appeals.

The appellate court denied the stay on April 1. Signed by Acting Chief Judge Allison Jones, the denial states in part: “Having carefully reviewed the record in conjunction with the applicable statutes and regulations, the Court concludes that the statutory right to appeal to circuit court pursuant to KRS 230 320(2)(f) provides an adequate remedy at law, such that equitable forms of relief, including the requested emergency stay, are presently unavailable. There can be no irreparable injury where, as here, the General Assembly has provided adequate administrative remedies.”

Medina Spirit's trainer, Bob Baffert, began serving the 90-day suspension issued by the KHRC on April 4. The suspension is reciprocated across all U.S. racing jurisdictions.

The legal decisions above are separate from the civil lawsuit Baffert filed against Churchill Downs, Inc., on Feb. 28, 2022, in an attempt to halt the company's ban on his trainees from stalls or entries, including its ban of his horses from the 2022 and 2023 Kentucky Derby and Kentucky Oaks races. CDI's move to bar the trainer from the Derby and Oaks for two years was made by the track independently of the Kentucky commission and was announced well before the Kentucky stewards made their ruling in the case.

Baffert-trained horses have been ineligible to earn points on either the Road to the Kentucky Derby or the Road to the Kentucky Oaks, and his entire stable has since been transferred to other trainers for the duration of his suspension. Among those transferred were the first two finishers in Saturday's Grade 1 Santa Anita Derby: Taiba and Messier, both saddled by former Baffert assistant trainer Tim Yakteen.

Read more at bloodhorse.com.

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HISA: Anti-Doping Partnership Could Be Announced Next Month

As U.S. racing ticks closer to the first wave of implementing the new federal racing laws on July 1, Horseracing Integrity and Safety Authority CEO Lisa Lazarus revealed a few more details about the coming transition in a session of the Association of Racing Commissioners International conference on April 11.

Lazarus said Monday she expects HISA will make an announcement about an agreement with an enforcement agency for the anti-doping and medication control component of the new regulations in the next month. She did not indicate what entities may be in talks with the authority and said no agreement had yet been finalized.

The hope is that the enforcement agency would take over drug testing in January 2023. Until then, states would continue to run their medication testing programs as they do currently.

“Essentially until HISA actually preempts a space with a rule, the states are in charge and will continue doing what they've been doing to date,” said Lazarus.

On July 1, the safety and welfare component of the new authority will officially take effect. Those regulations are two-pronged, according to HISA general counsel John Roach. There are the regulations impacting covered persons, like whip regulations, which will be in effect immediately. The safety accreditation of racetracks will ramp up in a slightly more gentle way.

Racetracks currently accredited with the NTRA Safety and Integrity Alliance will be grandfathered into the new system with an automatic three-year accreditation. Other tracks will be given one-year accreditation with the knowledge they may have a number of changes to make in order to adhere to all the requirements of accredited tracks. Roach said tracks may have up to several years to come up to the national standard, as long as they can show they are in the process of trying to implement the required practices. The authority chose to approach accreditation in this way because it didn't want to start out its regulatory life with a sudden, punitive approach to the tracks that are not yet up to speed.

Among the safety and welfare reforms that will be coming under HISA: required continuing education for all covered persons (which will apply to owners, assistant trainers, grooms, outriders, and starters, among others); requirements surrounding veterinary oversight such as post-entry screening, pre-race inspection, post-race observation, etc; specific requirements for removal from the veterinarian's list; voided claim regulations; surface management and maintenance requirements, and a new crop rule, among other things. The new crop rule will allow for no more than six hits during a race with no more than two hits in succession, all of which must be made without the rider raising their wrist above their helmet.

HISA plans to release continuing education information and videos to help jockeys and others prepare for the transition to the new regulations in July.

There are still questions the authority doesn't have the answer to yet, as evidenced by queries from the audience. It's still not totally clear if every member of microshare ownerships would be subject to certain requirements like continuing education, or if one representative would be tasked with that. It won't yet be clear what the requirements will be for officially declaring a horse retired until the medication regulations are finalized, since that status governs whether the horse is subject to drug testing.

The ARCI convention continues April 12 with additional presentations on HISA and other regulatory topics.

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NYTB Legislative Update: State Budget Includes Financial Protections For Horse Racing

Najja Thompson, executive director of the the New York Thoroughbred Breeders, Inc., issued the following legislative update on Monday:

Following two weeks of budget negotiations, early Saturday morning on April 9, voting was finished and the New York State Fiscal Year 2023 State Budget was finalized.

Below, please find updates from the state budget which includes protection for horse racing and the Thoroughbred breeding industry.

We are thankful and appreciate the support of Governor Kathy Hochul, Senator Joseph Addabbo, Jr. (D-15), chair of the New York Senate Racing, Gaming and Wagering Committee, Assembly member Gary Pretlow, Jr. (D-89), chair of the State Assembly Racing and Wagering Committee, and all members of the New York Senate and State Assembly who continue to recognize the importance of horse racing to the New York State economy.

NYTB and our legislative affairs team in Albany continue to work on your behalf to ensure New York's thoroughbred breeding and racing industry continues to be the best in the nation.

We will carry on with our work alongside the New York Thoroughbred Horsemen's Association, (NYTHA), the New York Racing Association (NYRA), Finger Lakes Horsemen's Protective and Benevolent Association (FLHPBA), and We Are New York Horse Racing coalition partners to ensure our voice is heard.

New York Fiscal Year 2023 State Budget Thoroughbred Breeding Industry & Horse Racing Updates

  • FINANCIAL PROTECTIONS FOR HORSE RACING – The budget includes financial protections to ensure there will be no reduction or elimination of revenue-sharing payments that go now from video lottery terminal gambling operators if those facilities win licenses to become full gaming casinos. The legislation maintains racing financial support payments from video lottery terminal processes – in the event an existing VLT facility, such as those at Aqueduct Racetrack gets a new, full-casino license – at the same levels as in 2019. Annual adjustments would be made based on the consumer price index. These racing support payments from existing VLT machines fund the purse account on the NYRA circuit, the New York State Thoroughbred Breeding & Development Fund, and capital improvement projects at NYRA.
  • ENHANCES TAX CREDITS FOR FARMERS – The budget amends the Tax Law to enhance the investment tax credit (ITC). Currently, the ITC is equal to four percent of the investment credit base under the personal income tax or 5 percent of the first $350 million of the investment credit base and four percent of the investment credit base more than $350 million under the corporate franchise tax. This subpart would increase the credit under both taxes to 20 percent of the investment credit base for eligible farmers for property principally used by the farmer in production of goods by farming, agriculture, horticulture, floriculture, or viticulture.
  • DOUBLES FARM WORKFORCE TAX CREDIT – Doubles the per employee amount for the farm workforce retention credit. This credit would start for the 2021 tax year and be extended through 2026.
  • FARM EMPLOYER OVERTIME TAX CREDIT – Creates a refundable tax credit for overtime wages between 40 and 60 hours of work per week. Eligible farms are corporations, sole proprietor, partnerships, or LLC. An advanced refund for the credit can be applied for after July 31 and before November 31. The application will be made to the Department of Agriculture and Markets who will verify the request and send over to the Department of Taxation and Finance for payment. Farms can then submit for a second refund for the rest of the tax year on their annual tax filings. Farmers will be reimbursed up to 118 percent of their overtime expenses to account for withholdings and interest on payroll loans.
  • IMPLEMENTATION OF CLEAN WATER, CLEAN AIR AND GREEN JOBS ENVIROMENTAL BOND ACT – Amends former “Restore Mother Nature Bond Act” to rename it the Clean Water, Clean Air and Green Jobs Environmental Bond Act of 2022. Total amount of general obligations bonds would be $4,200,000,000. This includes, among other funding, $150 million for farmland protection and $1.5 billion for climate change adaption. Project will be subject to prevailing wage requirements. Large projects using over $25 million will be subject labor peace agreements.
  • FRESHWATER WETLANDS REGULATORY PROGRAM – Allows DEC to regulate freshwater wetlands at least 7.4 acres in size, or if less than 12.4 acres, the wetland is deemed of “Unusual Importance”.
    Lands that are in active agricultural and silvicultural use that engage in activities such as grazing and watering livestock, making reasonable use of water resources, harvest natural products out of the wetlands, selectively cut timber, and drain wetlands for agricultural products would be excluded from obtaining a permit.
    However, structures that are not for the enhancement or maintenance of the agricultural activities would not be exempt. Additionally, if the land qualifies as a wetland and the agricultural or silviculture activities end on that land, it is to be subjected to wetland regulations.
    DEC will no longer rely on wetland maps, but will continue to delineate wetland boundaries as needed.
    This exemption goes into effect January 1, 2025.
  • CAPITAL BUDGET
    $5 million for county fair projects
    $5 million for CALS climate adaptive research farms for applied infrastructure and demonstration projects
    New state fair horse and sheep barn construction

There is a perpetual need for advocacy for our sport and industry. NYTB will continue our work on your behalf and also appreciates your support in these efforts.

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