Mid-Atlantic Sees Significant Drop In Racing Fatalities Following Reforms

COVID-19 forced Thoroughbred racing into what was for most a two-month hiatus, but the stakeholders in the Mid Atlantic turned the down time into an opportunity to focus on its Strategic Plan to Reduce Equine Fatalities.

Regulators, racetracks, horsemen's and breeders' groups representing all seven states in the region – Delaware, Maryland, New Jersey, New York, Pennsylvania, Virginia, and West Virginia – committed to the Mid-Atlantic Strategic Plan to Reduce Equine Fatalities in 2019. Collectively, they have been working to adopt regulations, protocols and best practices to enhance the safety and integrity of the sport. Their efforts are having an impact. The equine fatality rate in the region has dropped from 1.78 per thousand starts in 2019, to 1.21 per thousand to date this year, a decrease of 33%.

The architects of the Strategic Plan, Thoroughbred Horsemen's Association Chairman Alan Foreman and New York State Equine Medical Director Dr. Scott Palmer, provided a progress report on the efforts of the Mid-Atlantic stakeholders Wednesday.

“It is heartening to see that the commitment and hard work of so many in the Mid Atlantic is bearing fruit,” Foreman said. “We have representatives from every faction of the Thoroughbred industry in the region at the table. Everyone has the chance to be heard and their specific issues considered. We are proud to say that, working together, we have been able to make significant advances on issues of medication reform and horse health.”

Dr. Palmer remarked, “In a climate of polarity and discord, the efforts in the Mid Atlantic serve as a shining example of what we can accomplish when we are united behind the cause of equine safety and welfare.”

Every state in the Mid Atlantic has adopted the following reforms:

  • A prohibition on NSAID “stacking” – the use of more than one NSAID the week of a race
  • Transfer of joint injection records for claimed horses
  • Necropsies on equine fatalities
  • Mortality Review Board
  • Voidable claim rules

Dr. Tim Parkin, a renowned epidemiologist from the University of Glasgow, released the findings of his latest study using data from The Jockey Club's Equine Injury Database in June, noting that those tracks that have instituted a void claim rule in the last 10 years saw a 27% decrease in equine fatalities for those races. The states in the Mid Atlantic have all implemented this additional layer of protection; claims are voidable at the discretion of the claimant if the horse is vanned from the track after the race or is observed to be lame prior to delivery to the new trainer.

Additional reforms have been implemented in all states except West Virginia, including:

  • 48-hour withdrawal time for NSAIDs
  • Enhanced penalties for NSAID overages
  • 14-day withdrawal for joint injections

The West Virginia Racing Commission considered legislation to adopt the new guidelines for NSAIDs and joint injections, but it ultimately was voted down by the Commission.

“We are disappointed that West Virginia remains an outlier in this area,” Foreman said. “Regulatory changes in the state must go through the legislature, which takes time, but we will continue to work with all parties to get this done.”

There is a strict prohibition on the use of bisphosphonates in all horses under the age of four throughout the region, with a total ban in place in Maryland and Pennsylvania. In May, the Mid Atlantic agreed to adopt restrictions on the use of thyroid supplements, now requiring that a horse be diagnosed with hypothyroidism through a thyroid releasing hormone stimulation test; the treatment plan must be reviewed and approved by the equine medical director or chief regulatory veterinarian in the state. In October, the group moved to restrict the use of clenbuterol. The new rule requires regulatory approval for treatment with clenbuterol, mandates that the horse be placed on the Veterinarian's List, and bars the horse from racing until it tests negative in both blood and urine and completes a satisfactory workout observed by a regulatory veterinarian.

In addition to the regulatory changes, the Mid Atlantic has approved Best Practices in a dozen areas, including:

  • Biosecurity
  • Crisis Management Communication
  • Equine Aftercare
  • Layoff Report
  • Pre-Race Inspections
  • Safety Officer
  • Shock Wave Therapy

Maryland led the charge on the mandatory Layoff Report, a standardized form that provides regulatory veterinarians with vital information for all horses that have not raced for 150 days or more, including the reason for the layoff, medication and joint injection records, and surgical reports. The Layoff Report has been fully implemented in Delaware, Maryland, Virginia and West Virginia, and is in process throughout the Mid Atlantic.

The most high-profile of this year's changes has been the crop rule. The stakeholders in support of the Strategic Plan created a Committee of 24 regulators and stewards to review the many proposals on the table. All interested parties were invited to participate, with the Jockeys' Guild providing significant input during a series of conference calls. A draft was approved during a presentation to more than 50 representatives of the region's racetracks, horsemen's groups and regulatory agencies.

The draft underwent one final review after the Kentucky Horse Racing Commission approved a rule June 19, and was modified once more to align with provisions in the Kentucky rule. Starting Aug. 1, the rule went into effect in Delaware and Maryland. Pennsylvania followed suit in October. West Virginia has begun the legislative process necessary to adopt it in 2021.

“Uniformity has been a hallmark of the efforts in the Mid Atlantic for more than a decade, going back to the ban on anabolic steroids in 2008,” Foreman said. “Our annual Regulatory meetings have grown year after year, with the focus expanding from medication and testing to include equine welfare and racing integrity. The crop rule is a natural extension of our efforts. We felt it imperative to have a consistent crop rule in every jurisdiction, and we made every effort to ensure that all stakeholders had the chance to weigh in on it.”

A 30-page Strategic Plan Manual, still a work in progress, has been created as a reference for all Mid-Atlantic jurisdictions. There is also a Horsemen's Guide to the Strategic Plan, providing an overview of the regulations and best practices that impact the day-to-day business of training Thoroughbred racehorses.

A second Guide outlines the Risk Factors that have been identified through Dr. Parkin's work with the Equine Injury Database and the Grayson-Jockey Club Research Foundation, which horsemen can use to assess their stable and modify care and treatment as necessary for horses at increased risk.

“From day one when concept of the Strategic Plan was first under discussion, this has been a collaborative effort, with all of our stakeholders focused on one thing – doing what is right by the horse,” said the Strategic Plan's Project Manager, Andy Belfiore. “The level of dedication and the amount of time and energy devoted to this initiative from all involved has been remarkable. It has taken a lot of work from the regulators and the state veterinarians, to racetrack's management teams, to the owners and trainers and jockeys, to get to where we are today.”

As the first phase of the Strategic Plan nears completion, the focus turns to the topics including the racetrack maintenance quality system; jockey health; the transfer of horse health records for all claimed horses; and continuing education.

Dr. Kelly Ryan of MedStar Horsemen's Health in Maryland worked with HeadCheck Health to develop a system that establishes concussion protocols for jockeys, as well as providing a HIPAA-compliant portal for jockey health information, and a communications network to ensure that all racetracks on the system are notified if there is an accident or injury affecting a jockey's status to ride. Maryland began a pilot program last fall, and Delaware Park enrolled its riders when racing resumed this spring. Additional jurisdictions are now working with HeadCheck to explore implementation, with the goal of having every Mid-Atlantic racetrack on the network by next year.

The Mid-Atlantic alliance unanimously approved a Continuing Education rule that will go into effect in 2021. Trainers and assistant trainers will have a year to fulfill the requirements, which include four hours annually of CE training, with a minimum of two hours to focus on equine health, safety and welfare. Fulfillment of CE requirements will be a condition of licensing in 2022 for all Mid-Atlantic states. New York already has a CE rule on the books, Maryland has begun the adoption process, West Virginia included it in its legislative package for 2021, and the remaining states have committed to adoption next year.

“New York has been a leader in many areas, including Continuing Education, but the Mid-Atlantic Strategic Plan is not about one jurisdiction calling the shots for the entire region,” Dr. Palmer concluded. “Working together, we have been able to reach consensus. We have right-minded people in the room who want to do the right thing, and we have a track record for getting things done. What we've accomplished is amazing, and we look forward to continued progress in the coming year.”

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Grants Pass Downs Announces New Gaming, Entertainment Venue

Gaming, entertainment and dining venue The Flying Lark is coming to Grants Pass in fall 2021. Founded by entrepreneur and Grants Pass native Travis Boersma as part of a larger effort to revitalize the horse racing industry in Oregon, The Flying Lark is a significant, long-term investment in the city of Grants Pass. It will create a meaningful number of jobs, bolster the local economy, and provide vital funding and stability to the equine industry throughout the region, including horse owners, trainers, veterinarians, jockeys, and a wide range of vendors and suppliers.

Located next to Grants Pass Downs at the southwest corner of the Josephine County Fairgrounds, The Flying Lark will boast a full-service family restaurant, a grab-and-go restaurant, a sports bar, a gaming bar, a state-of-the-art gaming floor, banquet facilities and art pieces by regional artists that celebrate the magic, power and beauty of horses. Its grab-and-go offering will include coffee drinks, sweets and small bites, and two of the dining areas will offer both indoor and outdoor seating to take advantage of Grants Pass' famous climate.

The establishment is named after local racing icon Don Jackson's legendary Oregon thoroughbred who led the nation in wins for two years in the 1980s. A well-respected member of the Grants Pass community, Jackson was a long-time supporter of Grants Pass Downs. His passion for horse racing and dedication to developing interest in the sport significantly bolstered the horse racing industry in the state.

The Flying Lark – along with recent upgrades to Grants Pass Downs – is part of a transformation of the Josephine County Fairgrounds into a year-round destination for Southern Oregon and Northern California.

“We're really looking forward to the impact The Flying Lark will make both economically and culturally to our local community and the state of Oregon,” said Boersma, CEO and founder of Grants Pass Downs and The Flying Lark.

Horses have played a vital role in Oregon's history and were present throughout the region before the arrival of the Lewis and Clark Expedition in the early 1800s. The Flying Lark will feature art installations, murals, sculptures and other storytelling elements that celebrate horses and their positive impact on the State of Oregon and its rich history.

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Charles Town Approved For 174 Live Racing Days In 2021

​With less than two months remaining in its 2020 racing season, Hollywood Casino at Charles Town Races has finalized the dates for its 2021 meet following approval for its live racing calendar received at the West Virginia Racing Commission's November meeting held earlier Tuesday morning.

The track's 2021 calendar calls for a total of 174 live days running from Jan. 6 through Dec. 18 with live racing conducted on Wednesday, Thursday, Friday and Saturday in the first four months of the year as well as the last three months with live programs on Thursday, Friday and Saturday's the remainder of 2020. Post time for each card is currently slated for 7:00 P.M. EST.

Charles Town intends on submitting its 2021 stakes schedule, which will include the Charles Town Classic (G2), Charles Town Oaks (G3) and West Virginia Breeders' Classics for approval in the coming weeks.

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Jockeys’ Guild Takes Legal Action Against New Jersey Commission’s Whip Regulations

In light of the New Jersey Racing Commission's decision and applicable new regulation to eliminate the use of the riding crop but for safety purposes in Thoroughbred racing, the Jockeys' Guild has retained the services of Rivkin Radler LLP in Hackensack, New Jersey to take legal action. A notice of appeal of the Commission's new regulation was filed on November 5, 2020 in the Superior Court of New Jersey, Appellate Division.

As the organization representing jockeys throughout the United States, the safety of both our equine and human athletes are paramount and of the upmost importance. The Jockeys' Guild and its members are adamantly opposed to any animal abuse, and any person who does so should be fully punished for such occurrences. However, the jockeys must be afforded the discretion to use the riding crop in a responsible manner to safely control the horse and do what is in the best interest of the integrity of the sport.

A Steward will determine when a jockey has violated the new rule and the extent of the fine or sanction, which Jockeys' Guild believes is unfair and subject to enhanced – not reduced — safety concerns.

“We strongly believe the rule adopted by the New Jersey Racing Commission will have serious consequences and could result in even greater risks and dangers for both the horses and jockeys,” said Guild Co-Chairman, John Velazquez. “There are many instances when we need to be able to use the riding crop to prevent a dangerous situation from occurring that is not able to be seen or known by those who are not on the horse's back. While purported to focus on the welfare of the horse, by not considering these instances, the new rule actually disregards the safety of the jockey and the horse.”

The Guild is extremely disappointed by the actions taken by the New Jersey Racing Commission. The Guild believes its comments and concerns were not considered and that the New Jersey Racing Commission insisted on rushing to adopt a rule that the Guild strongly believes is not only unsafe for the horse and jockey, but also a dangerous precedent and inconsistent with any other jurisdiction in the United States.

“We believe the Commission failed to have any meaningful dialogue or recognize any input from us as the jockeys who are risking our lives,” said Guild board member and long-time New Jersey jockey, Joe Bravo. “We feel that the Commission completely ignored our pleas for compromise, which is disrespectful and disheartening.”

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