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Records Reveal New Details About CHRB Investigation Of Justify Case

As California Horse Racing Board officials investigated a scopolamine positive from eventual 2018 Triple Crown winner Justify, they seem to have delayed the process to let the race series finish. A report published June 29 by the Washington Post revealed new details about the case, which originated from a positive post-race test after the 2018 Santa Anita Derby and was kept secret until a New York Times report published in 2019.

It's well known now in racing circles that the CHRB held a closed-door meeting in which the regulatory agency opted not to pursue any action against Justify's trainer, Bob Baffert, and declined to disqualify the horse from his victory in the Santa Anita Derby. That meeting took place in the summer after the colt had won the Triple Crown. Justify got into the Kentucky Derby field with qualifying points earned in the Santa Anita Derby.

Records obtained by the Washington Post reveal that Dr. Rick Arthur, equine medical director for the CHRB, assured Baffert in late April that the investigation would not likely impact Justify's impending run in the Triple Crown series. Baffert was notified of the positive ahead of the Kentucky Derby. In an April 26 email, Arthur told the CHRB he had spoken with Baffert and “told him there would be nothing from CHRB before the KY Derby, unlikely before the Preakness and possibly not until after the Belmont. I told him I thought there was a good indication that these were feed contamination.”

CHRB investigators proceeded with their fact-finding mission after the Kentucky Derby and went in search of hay samples to see if they could find jimsonweed, which was blamed by the CHRB and Baffert for the scopolamine overage. They also opted to DNA test the post-race blood samples from Justify and others with detectable levels of scopolamine. Records show Arthur said that testing request would be “a big deal” and asked if it could wait until after the Preakness, which was still a week and a half away.

Test results on hay samples came back after the Preakness and revealed the leafy plant investigators had pulled was milkweed, not jimsonweed. Then, Larry Bell, the owner of the Citrus Feed Company that sold hay to Baffert, showed up at the CHRB office with plant samples he said he had picked up off the ground in the parking lot a month earlier. Those contained jimsonweed, although Bell said he couldn't tell whether the samples had fallen off a truck delivering a shipment to Baffert. Bell, according to the Post, had previously testified on Baffert's behalf, although it wasn't clear in what circumstances.

New York Advances Rule To Prevent Jockey Appeals That ‘Game The System’ At Big Race Meets

The New York State Gaming Commission advanced a new rule proposal this Tuesday which would allow it discretion in requiring jockeys to serve riding violation suspensions at the track at which the violation occurred, reports the Thoroughbred Daily News. The rule is a result of jockeys filing appeals during big race meets, most often at Saratoga, then withdrawing the appeal at the end of that meet, so that they serve suspensions outside the dates of meets with the biggest purses.

The proposed rule, approved unanimously, will now be published in the state lawmaking register before going to a public comment period, and will not be approved in time for this year's Saratoga meet.

NYSGC executive director Robert Williams explained to commissioners prior to the June 29 vote: “The jockey can seek to game the system by requesting a hearing and then withdrawing the request at the conclusion of the meet, serving the suspension during a [different] meet [that] the jockey prefers.

“This tactic has real impact on commission operations, as staffing spends resources in arranging and preparing for a hearing that fails to be conducted.”

Read more at the Thoroughbred Daily News.

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Fort Erie Plans To Allow Limited Spectators Beginning July 12

The Fort Erie Live Racing Consortium announced today that a limited number of spectators will be allowed to return to the border oval beginning July 12. In response to the province's announcement that horse racing facilities can now reopen to spectators with a limited capacity, Fort Erie Race Track will gradually welcome back fans within the next few weeks.

“We are overjoyed to have spectators returning to the track,” said Drew Cady, the general manager of FELRC. “Of course, we remain extremely cautious about reopening our doors to spectators as the safety of all our horse people and staff remains the top priority.”

The border oval's racing season began on June 15 and the track will continue to offer live racing Monday and Tuesday afternoons until the end of October.

On July 5, the track will allow AGCO licensees to register online to attend upcoming racing days.

“Starting next week, we will allow people holding an AGCO license to have access to the track,” said Cady. “The horse owners – all the people who've continually footed the bill for their horses over the last several months can finally be trackside to see their horses run.”

On Monday, July 12 Fort Erie Race Track will be open to a limited number of spectators. Each spectator must reserve a spot online through forterieracing.com. Spectators will not be permitted on the property if they have not pre-registered online. Please note, everyone's temperature will be taken as part of the screening process to gain entry to the track upon arrival at the track. While visiting the track, wearing a mask is mandatory and must be worn at all times.

Covid-19 protocols remain in effect and will be monitored. Indoor areas of the track such as the Racebook and indoor dining areas remain closed. Spectators onsite will have access to washrooms and two outdoor BBQ food services; trackside at the Tikki Bar and as well as the Paddock Shack across from the paddock area.

Further details on the registration process will be available later this week on their website: www.forterieracing.com

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‘Enough’: New Mexico Horsemen File Federal Lawsuit Against Commission

The New Mexico Horsemen's Association filed suit against the New Mexico Racing Commission in federal court late Monday, charging the regulatory body with depriving racehorse owners and trainers of their civil rights and other violations.

“The horsemen finally said, 'Hold it. How many constitutional laws can you continue to violate? How many statutes can you continue to ignore?'” said Gary Mitchell, attorney for the New Mexico Horsemen's Association (NMHA). “The horsemen said, 'Enough. We don't have any other place to go but federal court. We need this to stop.'”

The NMHA, which represents about 4,000 Thoroughbred and Quarter Horse horsemen in New Mexico, already has two lawsuits pending in state court against the New Mexico Racing Commission (NMRC).

Instead of working with horsemen to settle the dispute, the NMRC subsequently barred the NMHA from communicating with the commission, contacting any commissioners or attending the regulatory agency's public meetings. With no alternative after being deprived of any forum before the commission, the NMHA sought relief in federal court against the NMRC, as well as the individual commissioners, under Section 1983 of the Civil Rights Act and the New Mexico Tort Claims Act. A highly unusual step for a state horsemen's association, the action creates the potential for individual members of the commission to be held personally liable.

Mitchell said the commission is trying to silence the largest advocacy group under its jurisdiction.

“The commissioners are deliberately attempting to do away with the horsemen's association,” Mitchell said. “We're prepared to prove, in court, that this is being done intentionally. They haven't hesitated to do everything in their power to shut out New Mexico's horsemen, and ultimately shut down the NMHA.”

The NMHA filed suit in the Second Judicial District Court in Bernalillo County in December 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.

The horsemen were back in court in May after the commissioners ordered tracks to immediately shut off the NMHA's revenue stream, derived from access to funds horsemen have earned from purses.

The funds in question are used by the NMHA to pay medical fees for its members, the NMHA's Political Action Committee and administrative costs associated with a proper accounting for all expenditures. That includes the critical role of overseeing the purse account for the horsemen and the state's five racetracks.

“We have never taken money from the purse funds to benefit our organization,” Mitchell said. “In fact, we took our own money to pay for the accounting, collection, management, dispersal and annual audits of how this money is handled. The taxpayer was not paying for us to do all of this. We were doing it for free, paying for it through contributions from our members, and the commissioners now say 'stop.'”

Mitchell also questioned the commission's motivation.

“They wish to get their hands on this money and use it how they see fit – which is basically to pay the costs of running the racetrack, thereby allowing more money to go into the casinos' pockets,” he said. “Sadly, the commission, which is supposed to be fair and equal to everybody, sees no obligation to be fair to the horsemen.

“Allowing gaming at racetracks in New Mexico was done to save racing,” Mitchell said. “The racetracks cannot have gaming unless they have racing. The law is very clear about it. The gaming compact is clear about it. The Gaming Control Act is clear about it. The Horse Racing Act is clear about it.”

The NMHA challenges the commission's contention that the horsemen's organization is taking money designated for purses, pointing out that the money in question has transitioned into owners' earnings based on race results.

“When the race is run, the purse is paid and that now becomes the winning horseman's money,” said long-time racehorse owner and NMHA President Roy Manfredi. “By their actions, the racing commission has taken away the NMHA's ability to provide financial assistance to horsemen in need. That's the same as saying you cannot donate to the March of Dimes, the NRA or any other organization, simply because your employer doesn't like the March of Dimes or the other organization. Once the money is paid to an individual who owns a horse, that money is theirs and they can do whatever they want with it. During the pandemic, the NMHA provided $100,000 in alfalfa and grain to the horsemen when we weren't able to run.”

“All we've ever asked them to do is just follow New Mexico state statute, which are laws. This commission considers them suggestions.”

The horsemen seek compensatory damages, legal fees and other relief the Court may deem appropriate.

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