Judge To Hear Arguments Regarding Stay Of Baffert Suspension This Week

Franklin Circuit Court Judge Thomas Wingate is set to hear arguments this week about whether the suspension of Hall of Fame trainer Bob Baffert should be stayed pending an appeal. Attorneys for Baffert and the Kentucky Horse Racing Commission will argue before Wingate on Wednesday, March 2 at 10 a.m. as to whether he should grant the stay of suspension Baffert requested.

Proceedings in court this week will not address whether the stewards' ruling itself should be vacated, only whether Baffert can be compelled to serve the suspension as scheduled or not.

Baffert was suspended 90 days and fined $7,500 by Kentucky stewards for a betamethasone overage by trainee Medina Spirit after last year's Kentucky Derby. The horse was officially disqualified from his win last week.

The commission made the somewhat unusual decision last week not to grant Baffert a stay for the suspension that is scheduled to begin on March 8 and run through June 5. Commissions will often grant stays, allowing trainers to delay serving a suspension if the case is under appeal, but are not bound by their regulations to do so.

A motion from Baffert's legal team filed on Feb. 28 retreaded the evidence they have previously presented to the commission and also to the New York Racing Association in a separate legal fight about that entity's right to exclude him. Much of the team's claim focuses on the origin of the betamethasone in the horse's system and argues that their evidence the drug came from a topical product will ultimately allow them to overturn the stewards' ruling.

Regarding the common practice of the commission to grant stays, the memorandum filed with the court read in part: “This is in large part because the KHRC recognizes that irreparable harm will be suffered by licensees if they are forced to presently suffer the consequences of a ruling that is subject to being reversed later. For example, a trainer who is forced to serve days of a suspension now cannot ever get those lost days back if the ruling imposing the sanction is subsequently vacated or modified.”

The memo also points out that if the suspension is not stayed “Baffert's appeal would be rendered moot” and that the trainer's team believes there is “a substantial likelihood” he will prevail in his attempt to reverse the penalties.

The post Judge To Hear Arguments Regarding Stay Of Baffert Suspension This Week appeared first on Horse Racing News | Paulick Report.

Source of original post

Kentucky: Koenig Introduces Bills To Legalize Sports Wagering, Alter Pari-Mutuel Tax Rates, Breakage

Kentucky State Representative Adam Koenig (R-Erlanger) introduced four new wagering bills at a Monday press conference, including one that would legalize sports wagering in the state, according to the Courier-Journal.

Sports wagering would be legalized at Kentucky horse racing tracks and at the Kentucky Speedway, as well as on a mobile app. Koenig pushed a similar bill in 2020, estimated to bring in $22.5 million in annual revenue for the state, but it died without receiving a vote in the House. The difference in this new bill is that the mobile app could be downloaded anywhere, rather than restricting sports wagering to racetracks.

Another bill seeks to alter the tax structure on horse racing and pari-mutuel wagering, without changing the rates on Historical Horse Racing machines that have become popular in the state. Koenig said the rates in the bill would “make Kentucky the most attractive place for horse players to come and bet all across North America.”

Under the bill, all pari-mutuel betting would be taxed at 1.5 percent, the same as HHR wagering, and altering the breakage system for betting payouts – to the exact penny instead of rounding down by every 20 cents. Koenig estimates the changes would increase state revenue by an annual $20 million after the first few years.

Also included in the bill package is a ban on “gray machines,” games resembling slots that are popular in convenience stores in Kentucky, as well as a new problem gaming trust fund to help people with gambling addiction.

Koenig hopes to pass all four bills during the House Bill 610 omnibus bill.

Read more at the Courier-Journal.

The post Kentucky: Koenig Introduces Bills To Legalize Sports Wagering, Alter Pari-Mutuel Tax Rates, Breakage appeared first on Horse Racing News | Paulick Report.

Source of original post

‘You Can’t Have State Agencies That Ignore The Courts’: New Mexico Horsemen File Ethics Complaint Against State Racing Regulators

The New Mexico Horsemen's Association (NHMA) issued the following press release on Monday, Feb. 28:

The New Mexico Horsemen's Association has filed an ethics complaint against the agencies that regulate racing in the state as part of the ongoing dispute over racetracks unlawfully diverting purse money to go toward track expenses and the racing commission's retaliatory effort to defund the horsemen's organization.

Additionally, the NMHA has asked a judge to hold the New Mexico Racing Commission and the New Mexico Gaming Control Board in contempt for not following an earlier court order that would resume horse owners' contributions to the horsemen's organization.

Gary Mitchell, the general counsel for the NMHA, called it an effort to silence the state's traditional, and largest, advocate for horsemen, representing more than 4,000 Thoroughbred owners and trainers.

“If you start doing away with the advocates that appear before the various state agencies and you exact this kind of retribution, it sets a dangerous precedent,” he said.

The complaint was filed with the New Mexico State Ethics Commission this past Thursday.

The background:

New Mexico legalized electronic slot machines at racetracks in the early 1990s with the stipulation that 20 percent of the net revenue would go toward purses to bolster horse racing and protect the industry's thousands of jobs. The amount comes to more than $30 million a year paid out to racehorse owners competing at the state's tracks. The NMHA — at its own expense — has administered the purse account ever since, with regular audits showing not even a penny has ever been lost or found out of place.

The NMHA has been funded by voluntary contributions from its member horse owners who earn purse money: 1 percent of what their horse earns goes toward the organization's administrative costs, along with a $5 per-start fee earmarked to help members with medical
expenses and a $2 per-start fee for the horsemen's legislative and advocacy efforts.

The NMHA filed suit in the Second Judicial District Court in Bernalillo County in December 2020 to stop the commission's years-long practice of taking horsemen's purse money to pay the racetracks' liability insurance on jockeys and exercise riders, in clear violation of state law. The transfer of purse money to pay track operating expenses has cost horsemen to date more than $8 million.

In retribution, the New Mexico Racing Commission in May 2021 voted to defund the NMHA by cutting off its revenue stream, falsely asserting that purse money was improperly going to the horsemen's organization. (Once purse money is earned by an owner's horse after a race is made official, those funds become that individual's property, in other words, “earned income”, to use however he or she desires, including voluntary contributions to the NMHA.)

The New Mexico Gaming Control Board backed the commission, even after its own hearing officer ruled in favor of the horsemen on this matter. Racing commission chair Sam Bregman also serves on the gaming control board.

In Aug. 2021, District Court Judge Erin B. O'Connell also ruled in favor of the horsemen and stayed the commission's action, meaning horsemen should have been getting those contributions. Mitchell said the commission has not complied with that ruling.

“We have not received any of those contributions,” he said. “We're now asking the judge who issued that stay to hold the racing commission in contempt.”

The NMHA is asking that the monies lost during that time be refunded, totaling approximately $300,000. The ethics complaint accuses the New Mexico Racing Commission and the New Mexico Gaming Control Board of conspiring for the express purpose of undermining the horsemen's representative.

“This was just a power move by the racing commission to show us that they're the regulatory agency and you better not take them on,” Mitchell said. “And if you take them on, you're going to die. 'If you come in here and don't come in on your knees and bow down to us and do exactly what we say, the punishment for you is going to be your destruction.'”

Mitchell believes this case has broader implications for state government in New Mexico.

“What we have here are two state agencies that are refusing to obey a court order and refusing to follow the recommendation of its own hearing officer,” he said. “You can't have state agencies that ignore the courts just so they can diminish those they don't care for.

“This is so un-American, those guys shouldn't be saying the Pledge of Allegiance at the beginning of their meetings.”

The horsemen also filed a federal lawsuit late last June in U.S. District Court against the commission, charging the regulatory body with depriving racehorse owners and trainers of their civil rights as well as other related violations.

The involved parties agreed in November to a “time out” to try to find an amicable solution. Following the horsemen's good-faith effort to negotiate and with no settlement achieved by Feb. 1, the NMHA believes the racing commission was simply attempting to interfere with court proceedings. The NMHA has requested that the court return the case to the federal docket and move forward toward issuing a ruling.

NMHA President Roy Manfredi says the horsemen are left with few options.

“The horsemen feel that since the racing commission is failing to negotiate, the only thing we can do is litigate,” he said. “The chairman of the racing commission runs everything. He runs the gaming and the racing commission. It's a clear conflict that he sits on both boards.

“But beyond that, (the chairman) insists that the money the horsemen were getting was purse funds (from gaming). This is not true. Once a horse runs and I earn a purse, that becomes my money. The horsemen are taxed on that money. We get a 1099 from the racetrack for those funds. After the race, it is no longer gaming funds.”

The post ‘You Can’t Have State Agencies That Ignore The Courts’: New Mexico Horsemen File Ethics Complaint Against State Racing Regulators appeared first on Horse Racing News | Paulick Report.

Source of original post

In A Time Of Contraction, Saturday’s Brand-New Florida Steeplechase Offers Hope For Expansion

Jump rider Archie Macauley and partner Jessica Berry knew that American steeplechase racing needed a shot in the arm. Their grand plan has taken shape to build up to a fabulous race card on March 5, carving a racecourse out of a Florida field where none existed before and piecing together entertainment to carry what might be the most exciting opportunity on the circuit.

They're bringing steeplechase to the Horse Capital of the World, a natural hook-up between one of the world's most popular horse sports with what's trademarked as the center of the equine sporting universe.

The surprising thing, say organizers of the Florida Steeplechase, is that jump racing hadn't stopped in at Ocala before.

The March 5 meet, running this year as a point-to-point with “preliminary sanction” and advisory support from the National Steeplechase Association, is a hopeful sign of expansion to kick off the 2022 season.

“Ocala is such a horse-friendly town,” says race co-founder and co-chair Macauley. “There's absolutely no reason steeplechasing can't take hold here.”

The amateur steeplechase jockey, bloodstock agent and lifelong horseman conceived the Florida Steeplechase with the help of Berry, his partner in Clarity Thoroughbreds sales agency and an international Thoroughbred horsewoman in her own right. The pair ran with a general notion to expand jump racing opportunities they had a couple years ago, marrying it with a hard-to-refuse offer from the well-regarded Florida Horse Park to host the fledgling meet.

The Florida Steeplechase came together rather abruptly starting in November, “after two years of thinking about it,” Macauley says. Covid had put the project on hold, but as sporting events began to open back up to spectators last summer, they saw an opportunity.

Saturday, the dream becomes reality.

The last steeplechase run in Florida was Little Everglades, which started as an NSA-assisted point-to-point in 2000 and ran with, and without, sanctioning until 2009. There was the short-lived Palm Beach Steeplechase and jump races at Tampa Bay Downs, but never in Ocala.

“We stand behind the meet and will support it in any way we can to create an exciting new event opportunity,” NSA president Al Griffin said in a release. “The goal is to make it part of the calendar in 2023 as a properly sanctioned meet. For now, it's a nice opportunity for trainers and owners to school younger horses and for us to check out the facility.”

Macauley says they've gotten encouragement and support from the association and the entire industry from the start. Shipper Brian Hogan agreed to transport a set of the NSA's national fences down, and Hogan horse vans will ship most of the horses from Camden the six hours south to Ocala.

Brown Advisory's Mike Hankin and steeplechase owner Tom Collins jumped in as early sponsors.

“Everybody's been very supportive,” Berry says.

The partners believe the time is right. “The Horse Park had the first weekend in March available,” Berry adds. “We knew it was ambitious to put this together in essentially three months, but it's a great date at the start of the (NSA) season.

“Plus, it's still in the winter season of other equestrian disciplines in Ocala, plus, it's right before the 2-year-old training sale.”

They're both excited for Saturday, a little relieved the planning process is almost over – for now, anyway. When asked about their duties on race day, Berry and Macauley answer almost simultaneously. “Putting out fires.”

The Course, Of Course

The Florida Steeplechase course – fully-irrigated, 1 1/16th-mile, left-handed – counts for “slightly rolling” by Florida standards, Macauley says, with a slight incline on the final turn. It's otherwise level, across forgiving, well-drained sandy soil. The course was overseeded with annual rye, refreshing the mature turf on what's the Horse Park's main cross-country field.

The Florida Horse Park maintenance crew and a flotilla of professional-level maintenance equipment were critical to putting the track in order quickly. Cross-country jumps are “portables,” so that didn't affect how they sited the racecourse.

Active horsemen and NSA reps Doug Fout and Jack Fisher inspected the facility a few weeks ago, Macauley says, and offered their expertise. He and Berry had borrowed horses and cantered and galloped around and around the big field for weeks before their visit, carefully considering all the angles to design the course.

Turns are marked with cones, the homestretch with snow fence. There's a long straightaway, making for lots of room for tailgate parking on the infield and on the outer rail. The permanent Horse Park stabling is a short walk from the saddling area in the homestretch.

NSA's Bill Gallo and Rug Howard will be there Saturday as advisors. Experienced stewards, including a Florida state steward, will be in the stand.

Post time is 1:15 p.m. for the first of six races – three over hurdles, three on the flat. Pony races run before the main program; the South Creek Foxhounds will parade between races.

In addition to action on the track, there will be lots going on outside the rail. The Gentle Carousel miniature horses will be there for petting and a parade, along with a Clydesdale exhibition. Fashions On The Field, an infield fashion show, is sponsored by Odette.

The original painting created for the Florida Steeplechase by Janice Tindall of the Ocala Art Group will be signed by winning jockeys throughout race day and auctioned to the highest bidder after the last race.

All proceeds benefit the Florida Horse Park, a 501(c)3 charity.

A concert will be held at the end of the day, featuring BigTime Jukebox.

Based on early ticket sales, Macauley expects about 1,000 spectators, maybe more, at the inaugural event. “I can imagine this place could, eventually, easily hold a (Virginia) Gold Cup-sized crowd” – 40 to 50,000.

“That's the point – the Horse Park already hosts hundreds of horses and thousands of spectators (at other competitions,) and it runs totally smoothly.”

“We'll be exposing ourselves to new eyes. The 2-year-old trainers have been very supportive, too,” Berry adds. The Florida Steeplechase runs 10 days before the Ocala Breeders Sales' Company's 2-year-olds in training sale, slated March 15-16. OBS is sponsoring one of the races.

This year there are no purses, but NSA and the other race meets are helping with shipping subsidies, Macauley says. Sponsorship money goes towards course development and race-day expenses. He believes next year will be different, with top prize money attracting top horses. “We want to put on great racing.”

How It Happened

Macauley and Berry dreamed up the idea for a new jump meet a couple years ago on holiday in Kentucky with Berry's family. They linked it to the Florida Horse Park after mentioning their plan to elite event rider Buck Davidson, who serves on the Florida Horse Park board.

Davidson put them in touch with Horse Park director Jason Reynolds. Reynolds invited the couple to visit, and the team began putting the pieces together early in 2020 with the aim of scheduling a meet the next year after the Steeplechase of Charleston in mid-November.

Covid put the plan on hold. But once they nailed down the March date with the Horse Park, Berry says support of the steeplechase community and Ocala community has been their motivating factor.

“The Horse Park has gone above and beyond to make this happen,” she says. “Jason and his team have used their machinery and expertise to help us design, create and maintain the course.

“The Ocala Chamber of Commerce was one of our first points of contact, and the local businesses and horsemen we've spoken to are all looking forward to the event.”

Equine Initiative director for the Ocala Chamber and Economic Partnership, Louisa Barton has been on board from the start, talking up the meet to local businesses and helping drive a vendor fair for race day. Berry and Macauley appeared on Barton's Horse Talk television program to promote the event.

NSA horsemen, especially those based in Camden, South Carolina – winter or year-round, have pledged their support, too. Some former steeplechase horsemen who live in Florida have said they're keen to get involved and participate or help out, Berry adds.

Eventer Buck Davidson, son of legendary eventer and occasional steeplechase rider Bruce Davidson, calls steeplechasing “a perfect fit” for the multi-purpose facility, which since 2005 has hosted everything from western reining to FEI level dressage to combined driving and high-goal polo.

“I've always thought steeplechase racing and eventing (attract) the same kind of people,” fans of the Thoroughbred breed that are, he says, somewhat addicted to running and jumping across the country, fast. “I think steeplechase owners would like to own event horses, and event owners might enjoy owning a steeplechase horse.

“Ocala is a place steeplechase racing needs to be because of (Florida's) rich racing history. Every other equine sport is already here.”

Davidson understands jump racing from the inside: Buck Davidson won one of 19 jump races in the late 1980s and early '90s. His father, Olympian Bruce Davidson, won 14 of 53 starts from 1971-1993, riding some of the nation's top timber horses – Cancottage, Morning Mac, Appolinax, Our Steeplejack and others.

Once they had the location nailed down, Macauley and Berry realized the timeline was tight. “We had a location and a logo in November, not much else though,” Macauley admits. “We had quite a bit of work to do to pull this together.”

They met with steeplechase owner, one-time race rider and Races at Callaway Gardens chair Mason Lampton for insight into the minutia of running a race meet.

Lampton was almost as excited about the project as Macauley and Berry were.

They traveled to Lampton's Columbus, Georgia home near the Callaway Gardens racecourse his father helped carve out of the golf resort more than 30 years ago.

“We talked about everything under the sun,” Lampton says, “medical, ticket sales, fundraising, course design.

“I tried to emphasize – this is a demo, a proof of concept. Next year it'll be better, the next year better yet. It's rare to talk to anybody – especially their age, wanting to start a race meet. Archie and Jessica are very dynamic, very positive.

“You can't get hung up on 'well, it doesn't look like Springdale, or whatever. No. This is a point-to-point this year. It'll change, it'll grow. Like I say to everybody, let's set some cones around the cow field (so to speak) and build it out from from there.

“We need more folks like this in our sport. Take a chance, people. Keep everybody enthused.”

“We couldn't have done this without Mason's help,” Macauley says, plus backing from NSA, Temple Gwathmey Foundation and Steeplechase Owners and Trainers Association. “Mason has been with us every step of the way. He's like our guardian angel.”

“It's come together pretty well,” Macauley adds, “though we wake up a lot, in the middle of the night, worrying we've forgot something.”

This story has been republished with permission from the Temple Gwathmey Steeplechase Foundation.

The post In A Time Of Contraction, Saturday’s Brand-New Florida Steeplechase Offers Hope For Expansion appeared first on Horse Racing News | Paulick Report.

Source of original post

Verified by MonsterInsights