Tag: The Biz

On March 31, U.S. District Court Judge James Wesley Hendrix issued a ruling dismissing the lawsuit brought by the National Horsemen's Benevolent and Protective Association against the Horseracing Integrity and Safety Authority.

The National HBPA responded with the following statement:

While Judge Hendrix's opinion recognizes the Horseracing Integrity and Safety Act (HISA) as constitutional under current precedent, he included compelling statements that indicate there remains a need to clarify the matters at issue in the lawsuit. In the lawsuit, National Horsemen's Benevolent Association (HBPA) and a group of its affiliates argued that Congress cannot delegate the ability to regulate the entire horseracing industry in America to an unelected body of private citizens called the Horseracing Integrity and Safety Authority (the Authority).

“Aspects of this law will have a devastating effect on our industry and put many hardworking horsemen and horsewomen out of business,” said National HBPA CEO Eric Hamelback. “We've been saying for several years that this legislation was illegal. We are considering our options to appeal the decision and remain committed to doing due diligence to ensure a legal solution that protects the health and welfare of our equine and human athletes is adopted.”

In his decision, Judge Hendrix acknowledged his court cannot “expand or constrict” the precedents, which makes the ruling ripe for appeal.

Judge Hendrix wrote: “The Horsemen are correct that HISA creates a novel structure that nationalizes regulation of the horseracing industry.… Although the Horsemen make compelling arguments that HISA goes too far, only appellate courts may expand or constrict precedent. This Court cannot.”

National HBPA and affiliates in Arizona, Arkansas, Indiana, Illinois, Louisiana, Nebraska, Oklahoma, Oregon, Pennsylvania, Washington, West Virginia and Tampa Bay are represented by the Liberty Justice Center, a national nonprofit law firm dedicated to protecting fundamental constitutional rights.

“We are encouraged that Judge Hendrix recognized the strength of our arguments and plan to push them vigorously on appeal,” said Daniel Suhr, managing attorney at the Liberty Justice Center. “Congress cannot cede its legal authority to regulate an entire industry to a private organization. This case remains important to protect the integrity of not only the horseracing industry but also our Constitution.”

HISA still faces a separate federal lawsuit challenging its constitutionality. That suit filed in Lexington, Ky., was brought by the United States Trotting Association; the states of Oklahoma, West Virginia and Louisiana with support from six additional states; and other entities that include two racing commissions and the Oklahoma Quarter Horse Association. In the best interest of horse racing, horsemen and horsewomen, we must continue to exercise our due diligence and see this through. The National HBPA appreciates the process. We believe Judge Hendrix has done deliberative, supportive work and has provided a path to move forward with our challenge.

The post National HBPA: Federal Judge’s HISA Decision ‘Ripe For Appeal’ appeared first on Horse Racing News | Paulick Report.

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With the winter slowly coming to an end in the Chicagoland area, a renewed sense of optimism can be seen on the backstretch at Hawthorne Race Course as the spring meet opens up on Saturday. Increased purses, a building horse population and the return of a spring stakes schedule highlight the Hawthorne meet.

A purse boost from additional host days, along with funds from the Illinois Purse Equity Fund have brought about a significant purse increase to all races. Maiden allowance races have gone from $21,000 last season to $40,000 this meet. First level allowance races have grown to $42,000, optional claiming allowance races to $46,000 and lower-level maiden and claiming races have seen a 30-40% purse increase across the board.

The ability to race for higher purses has garnered interest from trainers across the country as the horse population on the Hawthorne backstretch is expected to exceed 1,000 horses for the spring meet. Large stables from Larry Rivelli, Hugh Robertson and Gerald Brooks are stabled at Hawthorne. Brian Cook and Manny Perez also have large outfits on the Hawthorne backstretch.

A strong riding colony is led by past champs Jareth Loveberry and Victor Santiago. Jockeys Rocco Bowen and Santo Sanjur return while newer faces to Hawthorne, Ty Kennedy, Orlando Mojica, Jorge Urdaneta and Carlos Villasana join the jockey's room.

The meet will open with a heavy slate of dirt sprint races as horses continue to get fit. Later in the month of April, more route races will be mixed in while turf racing is expected early in May. Eight stakes races are back on the schedule at Hawthorne this spring, four for state-bred horses and four open races. All eight stakes will go for $75,000 with four of the stakes being conducted on the turf course.

“We are very excited about the spring meet,” stated Hawthorne Assistant General Manager John Walsh. “The horsemen of the Illinois Thoroughbred Horsemen's Association have already shown great support in the entry box. The increased purses have been a major draw. Also, to start building a stakes schedule once again shows that things are headed in right direction at Hawthorne.”

Hawthorne Race Course, Chicago's Hometown Track, races year-round in 2022. The winter harness season concluded on Sunday, March 20. Spring thoroughbreds kick off Saturday, April 2 and conclude Saturday, June 25. The summer harness season begins on Thursday, June 30 and races through Sunday, September 11. Fall thoroughbreds return Friday, September 23rd and race through Saturday, December 31. For any information about Hawthorne Race Course visit our website www.HawthorneRaceCourse.com.

The post Purse Increases Bring Renewed Optimism To Thoroughbred Meet At Hawthorne appeared first on Horse Racing News | Paulick Report.

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A new round of rulings from the Louisiana State Racing Commission's stewards were released this week, including three more for Quarter Horse trainer Rosendo Valdez Jr., bringing his total suspension time well into 2025.

Valdez had already picked up four positives for zilpaterol, which is a Class 2 substance, from races in January and February. Each carried a six-month suspension, which had him suspended through Sept. 20, 2024. The three new rulings now carry his suspension to Sept. 23, 2025, according to the Association of Racing Commissioners International database.

The three new positives came from runner-up Zee Runaway Train in the third race at Louisiana Downs on March 5, TF Toast to Dashing, who won the first race the same day, and MP Don't Look who won the second race on the same card.

Also this week, trainer Kenneth “Trey” Ellis had another zilpaterol positive published, adding to the four he had already accumulated. The new one came from runner Emorylee, who was second in the first race at Louisiana Downs on March 7. Ellis was suspended six months for this positive, bringing his total suspension time to Sept. 30, 2024.

Trainer Barbara Ball also got two zilpaterol positives, which carry suspensions running through March 31, 2023. Those positives came from BJX Supernatural, who won the seventh race at Louisiana Downs on Feb. 21, and RH Shake Em Blue, who won the fourth race on the same card.

Finally, trainer Manuel Pizana was also given a six-month suspension for a positive zilpaterol test from Valiente Harold, who won the third race at Louisiana Downs on Feb. 23. Pizana already had three previously-reported positives for zilpaterol from January and February.

As with the first round of positives, trainers in all cases waived their rights to a split sample test or a hearing before the stewards. All rulings indicate the cases will be referred to the Louisiana commission for unspecified further action.

The post Louisiana Publishes More Zilpaterol Positives; Valdez Suspension Runs Into 2025 appeared first on Horse Racing News | Paulick Report.

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Trainer Marcus Vitali, whose ability to train and enter races at New York Racing Association tracks remains in doubt, has had his administrative hearing delayed again.

“The administrative hearing to consider the NYRA statement of charges against Marcus Vitali  previously scheduled to begin on Monday, April 4 has been adjourned to date in May yet to be determined,” said Pat McKenna, vice president of communications for NYRA via email on April 1. “Former New York State Court of Appeals Judge Robert Smith is serving as hearing officer in this matter.”

NYRA issued a statement of charges against Vitali on Sept. 10, 2021, at the same time the organization released a statement of charges against embattled Hall of Famer Bob Baffert. Baffert's administrative hearing took place in January before Justice O. Peter Sherwood in a five-day proceeding in Manhattan. No timeline has been announced for a final conclusion in that case.

Like Baffert, NYRA asserts Vitali has “engaged in conduct that is detrimental to the best interests of the sport of Thoroughbred racing or potentially injurious to the health or safety of horses or riders. Further, as detailed in the respective statements of charges, this conduct warrants revocation or suspension of their right to train horses, enter races, or engage in any racing-related activity at all NYRA properties including Aqueduct Racetrack, Belmont Park and Saratoga Race Course.”

Vitali raced one horse at NYRA last year, sending Red Venus to a race at Saratoga on July 22.

NYRA's statement of charges against Vitali begins: “From between in or about 2010 and in or about 2020, Respondent amassed an extensive record of medication violations, lengthy suspensions, improperly using 'program' or 'paper' trainers during suspensions and obstructing an investigation into alleged wrongdoing. In the past five years, Respondent was denied entry, ejected and/or had license applications denied by regulators of Thoroughbred racing in Florida, Pennsylvania, West Virginia, New York and Delaware; and was sanctioned by the Jockey Club for violating a racing statute, rule or regulation relating to prohibited or restricted drugs, medications or substances seven times in a single year.”

Vitali has made headlines many times over the years, first for numerous therapeutic medication violations, then for avoiding sanctions for positive post-race drug tests by turning in his license in Florida. In 2016, reporting by the Paulick Report revealed Vitali was training horses at Gulfstream Park under the name of Allan Hunter; Vitali and Hunter were subsequently barred from the entry box there and at Tampa Bay Downs. Vitali reapplied for a trainer's license in Florida, where state officials credited him with time served for his medication overages.

The Jockey Club denied Vitali Stud Book privileges for two years, starting January 1, 2017, for being determined to have violated on seven occasions a racing statute, rule or regulation relating to prohibited or restricted drugs, medications or substances in a Thoroughbred on seven occasions within a 365-day period.

Vitali sent out just 29 starters in 2017, mostly at Gulfstream and Gulfstream Park West, but returned with a stronger hand in 2018, with 334 starters, also mostly in South Florida.

In 2019, Vitali's license was suspended for one year when he interfered with a search conducted by Delaware Park security of his employee's dorm, bursting into the room and absconding with an object which was never recovered. Vitali claimed the object was a container of marijuana. His employee at the time said it was an unlabeled vial containing a clear liquid of some type which Vitali asked her to keep in her refrigerator.

In 2020, the Maryland Jockey Club told the Paulick Report that it had given trainer Wayne Potts one week to vacate his barn at Laurel Park, where he keeps 30 horses, after track officials say they discovered Potts was program training for Vitali. Vitali reportedly could not get stalls at racetracks in the area. Maryland officials said they discovered the connection between the two when horses based at Rising Sun Training Center in New Jersey were entered under Potts's name at Laurel and turned up with health certificates that had been altered to white out Vitali's name. A cluster of horses appeared at Rising Sun around that time from longtime Vitali clients, primarily from Florida.

After Potts was told to vacate Laurel, Vitali applied for a training license in Illinois afterwards but was unsuccessful in receiving one. The horses formerly based at Rising Sun ran at Arlington Park and Hawthorne under trainer Dino DiZeo. Many of the same group from Rising Sun posted workouts at Turf Paradise in the days before Vitali saddled his first runner there.

According to industry reports, Potts has recently been informed he will no longer be granted stalls at NYRA facilities. Potts was handed a 30-day suspension by the New Jersey Racing Commission after he allegedly instructed assistant trainer Bonnie Lucas not to allow Chispita to be vaned off the racetrack at Monmouth. He is appealing that decision, and has denied that he program trained for Vitali.

The post NYRA Administrative Hearing On Vitali Adjourned To Undetermined Date In May appeared first on Horse Racing News | Paulick Report.

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