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USTA To Join Upcoming Lawsuit Challenging Horseracing Integrity And Safety Act

By a vote of 35-8, the United States Trotting Association Board of Directors on Friday, April 16, elected to join an upcoming federal lawsuit challenging the constitutionality of the Horseracing Integrity & Safety Act (HISA), which was passed by Congress and signed into law last year. The USTA repeatedly has expressed reservations about the legislation's legality, in particular whether or not it violates the Constitution's non-delegation doctrine and anti-commandeering principle.

In a statement made in September 2020, USTA President Russell Williams said, “The constitutional concerns raised by HISA are substantial and pervasive. Those concerns embrace the structure and powers of the regulatory body at the heart of the bill and extend even to the bill's more peripheral provisions.”

On Friday, Williams further elucidated his concerns to the USTA Board in prepared remarks in which he also assured the board that the Association will assume no portion of the cost of district court proceedings.

If allowed to stand, HISA would remove from the states the power to regulate racing medication and safety matters and give them to a private entity, the newly created Horseracing Integrity & Safety Authority (Authority). HISA is scheduled to go into effect no later than July 1, 2022. The Federal Trade Commission will oversee a rule-making process that eventually will establish and approve the medication control and racetrack safety programs to be enforced by the Authority. The new law stipulates that HADA initially will be funded by loans taken out by the Authority, which will then be repaid by fees assessed to the state racing commissions. No price tag has yet been attached, however, nor has it been determined which segments of the industry will pay for HISA.

The legal action that the USTA will be joining is expected to be filed shortly by the State of Oklahoma and Hanover Shoe Farms. That follows a similar claim against HISA brought last month by the National Horsemen's Benevolent & Protective Association (NHBPA) and 11 of its affiliated state organizations. That suit, filed in the Northern District Court of Texas, alleges the law creates a private organization and gives it federal authority, which it claims is unconstitutional.

An attendance and voting summary appear below. A “yes' vote reflects support for joining the lawsuit, while a “no” designation indicates opposition to doing so.

Present: C. Antonacci, I. Axelrod, S. Beegle, D. Bianconi, D. Bittle, J. Bluhm, M. Breuer-Bertera, B. Brown, J. Cross, G. Ducharme, Chairman J. Faraldo, M. Ford, J. Frasure, R. Gillock, K. Greenfield, J. Gregory, T. Haight, S. Hedington, J. Hensley, S. Hoovler, J. Ingrassia, M. Kimelman, S. Lilly, Vice Chairman M. Loewe, D. Marean, J. Matarazzo, S. McCoy, C. McErlean, R. Miecuna, Treasurer J. Miller, J. Mossbarger, S. Oldford, J. Pennacchio, J. Reynolds, A. Roberts, R. Roland, J. Roth, J. Settlemoir, D. Siegel, D. Spriggs, M. Sweeney, A. Tetrick, M. Torcello, S. Warren, President R. Williams, J. Zambito

Not Present: B. Alexander, D. Ater, L. Calderone, C. Callahan, K. Crawford, B. Kenney, C. Leonard, R. Mackinnon, S. O'Toole, S. Peine, T. Powers, R. Schnittker, J. Stratton, G. Wand

Yes: Axelrod, Bianconi, Beegle, Bittle, Breuer-Bertera, Brown, Cross, Ducharme, Faraldo, Frasure, Gillock, Gregory, Haight, Hedington, Hensley, Hoovler, Ingrassia, Kimelman, Lilly, Loewe, Marean, Matarazzo, McCoy, Miecuna, Miller, Oldford, Pennacchio, Roberts, Roth, Spriggs, Sweeney, Tetrick, Torcello, Williams, Zambito

No: Antonacci, Bluhm, Ford, McErlean, Roland, Settlemoir, Siegel, Warren

*Two votes from directors who were confirmed to be present on the call but experienced technical difficulties in being heard were added to the final tally.

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Experts Say Difficult Winter Could Be To Blame For Woes With Laurel Track Surface

Thursday's announcement that live racing would be not be held at Laurel Park until further notice, with this weekend's races cancelled and future racing moved to Pimlico Race Course, stemmed from concerns about the safety of the racetrack surface. Officials from the Maryland horse community appeared on a teleconference meeting to discuss the issues with the surface, which Racing Surfaces Testing Laboratory's Dr. Mick Peterson believes may originate from a tough winter in the Mid-Atlantic region.

The entire track cushion will be rehabilitated in the coming weeks, with a timeline that is expected to take less than three weeks as light training (no workouts) continues over the Laurel Park main track. Meanwhile, horses will be able to ship to Pimlico for workouts using the Maryland Jockey Club shuttle.

Training tomorrow will be held from 5:00 a.m. to 8:30 a.m., with no break. Only jogging and galloping will be allowed at this time.

“From a race track operator's perspective, we have a couple of responsibilities,” said Aiden Butler, Chief Operating Officer, 1/ST RACING. “The most important one is to make sure that the sanctity and the safety of the racetrack is the best it can be at all times. Varying degrees of weather and varying degrees of protocols mean that it's not always as optimum as we would like … When we got the heads up last week that the track was not performing quite as well as we'd like it to, we immediately rallied and put a team together.

“We decided that for Maryland to be as good as it can be, there was only one approach, and it's one that's a heck of a lot of work, and unfortunately going to be a heck of a lot of inconvenience for everyone on this call. But there really is no other way. Maryland has the opportunity to be as good a racing jurisdiction and as good a racing surface as any in the country, and we're not going to get there if the track isn't as good as it can be.”

A total of four equine fatalities, one during racing and three during morning training, have occurred at Laurel this year, Stronach Group chief veterinary officer Dr. Dionne Benson told the Paulick Report. The four fatalities resulted from different types of injuries and occurred at different locations on the racetrack, Benson said, adding that the numbers are very similar to this time last year. One morning fatality occurred in February, the racing fatality on March 7, one morning fatality during March, and one morning fatality over the past week.

“The bigger issue was that we weren't happy with how the track came out of winter,” Benson explained.

The general consensus was that the issues with the track surface have been a concern for the past two weeks.

“I don't want to focus on how we got to this point,” said Maryland Thoroughbred Horsemen's Association President Tim Keefe. “I would like to focus on how to avoid it in the future.”

Butler continued the conversation by adding that he'll be on the grounds in Maryland over the next several weeks and is looking forward to speaking with horsemen, both formally and informally, about how to open a more direct dialog so similar issues can be avoided in the future.

“We definitely want to be proactive on this, not reactive,” said Peterson, adding that the MJC has implemented the some of the RSTL's improvements over the past couple years, including an on-site weather station and other rapid-response testing abilities.

Peterson went on to explain that the issues with the Laurel Park track cushion stemmed from several factors.

“Winter racing on a dirt track is challenging, and it's clear that in the Mid-Atlantic region, some years are more challenging than others,” Peterson said, “especially with these years where the freeze/thaw cycle leads to a lot of salt usage. The other challenge, and this is not unique to the Mid-Atlantic tracks, is getting consistent materials in the quantity required for racetrack maintenance.

“The key is not only meeting the immediate needs, but in changing the operation mode for the Maryland Jockey Club.”

1/ST RACING's Senior Track Superintendent Dennis Moore and the Maryland Jockey Club's Track Superintendent Chris Bosley have located a supplier and began the project on Friday, stripping material off the track. Moore has experience mixing the material on site for consistency, and will be confirming the process along the way with additional samples sent to the RSTL and Peterson.

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Turf Paradise Adding Materials To Racing Surface After Arizona HBPA Notifies Members Of Safety Concerns

One day after the president of the Arizona Horsemen's Benevolent and Protective Association advised members to be wary of track conditions at Turf Paradise before entering their horses to race, the Phoenix track's general manager said 250 tons of sand will be mixed in to the dirt surface on Saturday and that the turf course will be aerated, water soaked, seeded and rolled that same day.

In an email to Arizona HBPA members on Thursday, the organization's president, Bob Hutton wrote: “Due to the current events at Turf Paradise which have seen an unacceptable rise in horse injuries and euthanizations, the HBPA is strongly encouraging that our horsemen consider the current track conditions and uptick in injuries before you enter horses for races. We are calling for an independent third party to analyze soil samples at Turf Paradise and certify that the track is safe to run on before we can in good faith recommend anyone continue to participate in the race meet.”

Vincent Francia, the track's general manager, posting on an Arizona horse racing Facebook page Wednesday night, acknowledged the spike in injuries as the meet is winding down to a close on May 1.

“Every race meet, near the end of the meet like we are now, we experience a rash of breakdowns,” Francia wrote. “We've never been able to determine with certainty why that is. Is it the track? Are some horses over-raced and tired? Is it something we're missing?

“Right now we're experiencing strong late-afternoon winds which dry the surface of the track.” Francia continued. “It's moist underneath however which is the way it should be. Are these drying winds contributing to the problem? Again we don't know for sure. We have two water trucks that soak the main track between races. Do we need to apply more water due to these drying winds? We're looking at that too.

“Are some of our horses tired from their campaign? I haven't had time to review the pp's of of these recent fatalities. I will do so beginning tomorrow morning. The point is, the solutions to taking corrective action begin with the fact that you have horses that race over a track and you have a track that horses race over. Sounds simplistic but that's where the corrective measures begin. You start with what's in front of you.”

Francia said the main track would be closed for training on Thursday and that the addition of 250 tons of “#10 Mesh Sand” would take all day Saturday.

Turf Paradise was scheduled to race Friday afternoon.

In his letter to members, Hutton urged horsemen to get more involved by attending virtual meetings of the Arizona Racing Commission.

“For those that are unfamiliar with the governance of a track's safety standards and the enforcement that those metrics are met, this falls under the Arizona Department of Racing,” Hutton wrote. “The HBPA can make requests, observations and suggestions, but we do not have the authority to set policy or enforce protocols. Horsemen are not without a voice, however, and we encourage you to use it. All horsemen have the opportunity to attend the commission meetings, and we strongly encourage you to participate. Due to COVID-19 protocols, they are now virtual meetings that can be attended on your phone or computer.”

Francia said a question he has been asked by many trainers is when racing can return to the Arizona track's turf course.

“We will look at the effects of this action Monday,” Francia posted. “Realistically I don't think that's enough time to get the results we want. And we want to get this right. On Friday, April 23rd, we have a stakes race on the turf, so we'll be on it then, and we'll see how it plays. Following the stakes we have four dark days to continue our turf corrections. Then we enter the last four days of the race meet. I think Wednesday, April 28, we can get back on the turf and race it to the end of the meet. If the timetable changes I'll advise.

“I apologize for the inconveniences these matters have caused,” Francia added, “but the challenges are being met to keep both horses and riders safe. We have 11 days of the meet left. Let's get to the finish together.”

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NSW: Prize Money For Owner Phoenix Thoroughbreds Frozen Over Money Laundering Allegations

Racing New South Wales has frozen the prize money of owner Phoenix Thoroughbreds, reports Just Horse Racing, over allegations the founder Amer Abdulaziz is involved in money laundering.

“Racing NSW has investigated the matter and any allegation made in respect to legal proceedings internationally is denied by Mr. Abdulaziz,” said Racing NSW chairman of stewards Marc Van Gestel. “Pending the outcome of those matters Racing NSW is freezing the prizemoney of horses raced by Phoenix Thoroughbreds.”

Just Horse Racing reports: “In January, Phoenix and Canberra casino owner Tony Fung were the top buyers at the Magic Millions yearlings sale having spent $11.6 million on 19 horses.”

Phoenix also campaigned 2020 Golden Slipper winner Farnan.

Phoenix reportedly is not permitted to race in France, United Arab Emirates or the United Kingdom. No state racing commissions in the United States have taken regulatory action against Phoenix.

Phoenix continues to be active at U.S. bloodstock sales, including the $1.2 million bid by Phoenix agent Gerard Butler to buy out a partner in stakes winner Lady Apple last November at Fasig-Tipton. Shannon Arvin, president and CEO of Keeneland, released the following statement concerning Phoenix being allowed to participate in sales after court documents filed by a federal prosecutor in a money laundering case involving the multi-billion-dollar OneCoin cryptocurrency scam, accused Abdulaziz of being a money launderer for OneCoin.

“Keeneland is aware of the allegations that may involve Phoenix Thoroughbreds and is monitoring the situation,” said Arvin. “However, it is our understanding that Phoenix Thoroughbred has not been indicted by a grand jury, let alone convicted on any allegations. Keeneland will continue to follow any developments in this matter, and certainly will comply with any regulatory or legal action or direction from a governing authority.”

Since the money laundering accusations were made in federal court against Abdulaziz, it is believed that he has not traveled to the United States from Dubai, where he resides.

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