USTA’s Williams: Time Has Passed For Standardbred Industry To Get A ‘Place At The Table’ With Federal Bill

U.S. Trotting Association President Russell C. Williams submitted the following letter to the editor to the Paulick Report this week. Williams wanted to share his thoughts on a letter we published Oct. 16 from USTA director David Siegel. Siegel urged the Standardbred industry to “extend an olive branch” to supporters of the Horseracing Integrity and Safety Act of 2020 with the hope of active participation in any forthcoming federal racing authority.

My friend David Siegel urges the Standardbred industry to be practical and sit down with the federal bill's key supporters to influence its direction regarding Standardbred racing. This is one of several calls for us to come to the table. All of them suffer from a fundamental misunderstanding of how laws work.

Passing a law is completely different from, say, issuing an invitation to discuss a plan to strengthen integrity, something that never happened in this case. If the bill passes, it will become a federal statute. “Place at the table” platitudes like David's ignore that with a statute you can get what is provided in the statute, and you cannot get what is not provided. For a negotiation to have any meaning at this point, it would have to be possible for the bill's language to change before it becomes a statute. Our experience over more than three years demonstrates that this is impossible.

A good example of how the bill leaves nothing to be discussed at any table is its special approach to race-day Lasix. The key supporters selected this particular therapeutic medication and explicitly banned it. A remarkable gauntlet of language in the bill makes even the slightest modification of the ban impossible to achieve. There is, therefore, nothing to negotiate regarding the race-day Lasix ban, enshrined as it is in the language of the bill itself. This exemplifies the fallacy in the “be practical and negotiate” message.

The same goes for all the other ways in which the bill is unacceptable. Since we were first inserted into the bill without our knowledge or consent, the Standardbred industry has repeatedly explained our objections to it, every one of which would require changes to its language. The key supporters have consistently set their faces against even a single change. Thus, a one-sided negotiation has already been going on for more than three years, during which our concerns have been completely disregarded.

The United States Trotting Association is not alone in objecting to the language of the bill. The National Horsemen's Benevolent and Protective Association represents 29,000 Thoroughbred people who are not in racing for the silver cups. Like most USTA members, most of them make their living in racing and, like us, they object to the language of the bill. The American Quarter Horse Association has 221,000 members, and they also object to the language of the bill. None of us is interested in an opportunity to sit down now, at the Children's Table.

The time for harness racing to have been offered a place at a table was before we got shoehorned into a done deal of someone else's making. That would have been a good faith moment in which to discuss a legislative approach that would credibly allow for the profound differences in the breeds, account for the still-unknown costs that a new federal regulatory tier will rain down on us if we tolerate this legislation, and preserve to us the decisive voice in our own destiny that we deserve to keep.

Fortunately, we have other, eminently practical ways to prevent the federal bill's key supporters – no, let us call them what they are: its elite supporters — from imposing their notion of a future on us.

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AAEP Board Votes To Support Horseracing Integrity And Safety Act

On the recommendation of its Racing Committee, the American Association of Equine Practitioners board of directors voted this week to support the Horseracing Integrity & Safety Act (H.R. 1754/S. 4547). The legislation's chief goal is to create uniform safety and medication standards in all U.S. racing jurisdictions.

“Uniformity of rules is essential to protecting the safety of the racehorse and ensuring the integrity of the sport,” said AAEP President Dr. David Frisbie.

The AAEP's position of support is principally based on the qualifications of the individuals chosen to serve on the HISA Nominating Committee, including equine industry leaders Dr. Jerry Black and Dr. Nancy Cox, who will select the members of the board of directors and the standing committees of the Horseracing Integrity & Safety Act Authority.

However, for the horse to be best served, the AAEP will continue to advocate for additional veterinary representation on the HISA board and committees beyond the single position currently designated for each.

“In the previous version of the bill, the AAEP was a strong proponent for the governance structure to include individuals with the requisite expertise needed to capably address anti-doping and therapeutic medication regulation,” said Dr. Jeff Berk, AAEP immediate past president and Racing Committee chair. “The composition of the Authority Nominating Committee gives us confidence that the needed scientific expertise for these important positions will be considered, but we believe the breadth of knowledge needed to successfully protect equine athletes requires additional individuals.”

Regarding the race-day administration of furosemide (Lasix), the AAEP's position continues as one of support, as the medication remains the most efficacious treatment for exercise-induced pulmonary hemorrhage (EIPH) in the horse.

However, in 2019, a coalition of 20 racetracks, including hosts of Triple Crown races, along with numerous racing jurisdictions committed to restricting administration of furosemide on race day, independent of federal legislation.

“We are pleased to see in the revised legislation that the Authority will convene an advisory panel comprised of horse racing anti-doping and medication control experts to study race-day furosemide, including its impact on equine health and the integrity of competition,” added Dr. Scott Hay, AAEP president-elect and a racetrack practitioner. “Investigating effective management strategies for EIPH which do not require race-day medication administration has been a central goal of the AAEP's Prescription for Racing Reform developed five years ago.”

The American Association of Equine Practitioners, headquartered in Lexington, Ky., was founded in 1954 as a non-profit organization dedicated to the health and welfare of the horse. Currently, AAEP reaches more than 5 million horse owners through its over 9,000 members worldwide and is actively involved in ethics issues, practice management, research and continuing education in the equine veterinary profession and horse industry.

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Kentucky Chamber Files Amicus Brief In Historical Horse Racing Case

The Kentucky Chamber of Commerce on Thursday submitted a brief of amicus curiae to the Kentucky Supreme Court in support of rehearing the case on historical horse racing.

“The Chamber takes this unusual step out of genuine concern that the Court may have abandoned long-standing doctrines of statutory construction, strayed from its usual adherence to precedent, and reached a conclusion that could be potentially devastating to the horse industry and thereby Kentucky's economy,” wrote Louisville-based attorney Virginia Hamilton Snell on behalf of the Kentucky Chamber in the motion for leave to file.

The Supreme Court issued an opinion in September stating that historical horse racing machines – which have created a major source of revenue for Kentucky's signature equine industry in recent years – did not meet the legal definition of pari-mutuel wagering and are thus prohibited by state law.

“The equine industry is not only a major economic driver responsible for thousands of Kentucky jobs, it's also part of our identity,” said Kentucky Chamber of Commerce President and CEO Ashli Watts. “Introduction of historical horse racing has allowed the industry to thrive, creating more jobs and generating hundreds of millions of dollars of investment in the Commonwealth. To shut these machines down would be a major blow to a signature industry and result in more layoffs for Kentuckians in the midst of a global pandemic.”

Historical Horse Racing operators are expected to submit a petition for reconsideration in the coming days to the Supreme Court before a final ruling is issued.

Click here to view the full amicus brief

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NYRA Releases Jockey Protocols For Aqueduct’s Fall Meet

The New York Racing Association, Inc. (NYRA) announced Saturday COVID-19 health and safety protocols for jockeys during the 18-day Aqueduct fall meet, which will open on Friday, Nov. 6 and run through Sunday, Dec. 6. The Aqueduct fall meet will be highlighted by 29 stakes, including 11 graded events, worth $3.41 million in purse money.

Opening weekend of the Aqueduct fall meet, which coincides with the Breeders' Cup set for Nov. 6-7 at Keeneland Race Course, begins with the $100,000 Tempted for juvenile fillies and $80,000 Atlantic Beach for juvenile turf sprinters on Nov. 6. Following opening weekend, live racing will be conducted Thursday through Sunday with the exception of Thanksgiving Week, when live racing will not be offered on Thanksgiving Day, Nov. 26.

Members of the Aqueduct jockey colony who travel to ride at any other racetrack during the Aqueduct fall meet will be required to provide two negative COVID-19 tests taken within a 5-day window in order to return to ride at Aqueduct. Jockeys traveling out of state who have completed the required testing will then be physically isolated in the jockey quarters for three additional calendar days.

Jockeys not currently riding at NYRA who wish to join the Aqueduct jockey colony for the beginning of the Aqueduct fall meet must contact NYRA's Senior Vice President of Racing Operations Martin Panza or Aqueduct Racing Secretary Keith Doleshel by Wednesday, Nov. 11. Newcomers to the NYRA jockey colony will be required to provide two negative COVID-19 tests taken within the 5-day window preceding that jockey's first mount at Aqueduct.

In order to mitigate risk and reduce the spread of COVID-19, Aqueduct will be closed to out-of-town jockeys not considered members of the regular NYRA jockey colony.

All testing must be performed in New York state.

In addition to race day safety protocols which include standard health screening and temperature checks, the jockey quarters at Aqueduct have been substantially altered to provide maximum social distancing and reduce density. All areas accessed by jockeys during the regular course of a race day are closed to outside personnel, including credentialed media, and are cleaned and disinfected throughout the day.

Jockeys are not permitted access to the barn area at Belmont Park. In order to work a horse in the morning, the jockey must meet the horse in the paddock and may then proceed to the main track for as long as the main track remains open.

Jockey agents arriving from outside of New York must produce a negative COVID-19 test in order to gain access to the barn area at Belmont Park. Races will continue to be drawn via Zoom.

All valets must provide a negative COVID-19 test taken any time after Nov. 2 in order to access the jockey quarters on opening day, Nov. 6. Valets who choose to only saddle horses in the paddock and not enter the jockey quarters will be allowed in the Belmont Park barn area.

America's Day at the Races will present daily television coverage of the Aqueduct fall meet on FOX Sports and MSG Networks.

For the complete stakes schedule for the Aqueduct fall meet, please visit https://www.nyra.com/aqueduct/racing/stakes-schedule

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