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Court Overturns CHRB Decision Awarding Rosario Double Jockey Fee In 2017 Breeders’ Cup Distaff

In a precedent-setting victory for horse owners' rights this Monday, the Court of Appeals overturned the California Horse Racing Board's 2017 decision to award $100,000 in double jockey fee to Joel Rosario.

The Court held that, under the conditions presented by this case, California statute prohibited the stewards from awarding a double jockey fee to Rosario, who was removed from the mount on owner/breeder Charles Fipke's mare, Forever Unbridled, prior to the draw of the 2017 Breeders' Cup Distaff.

The CHRB awarded a double jockey fee to Joel Rosario after owner Fipke decided to remove Rosario from the mount and replace him with jockey John Velazquez. Forever Unbridled subsequently won the 2017 race.

The appellate court ruled that Mr. Fipke engaged in conduct permitted by CHRB rules and that under the facts of this case, an award of a double jockey fee was precluded by California statute.

Fipke was represented by attorneys Darrell Vienna and Carlo Fisco.

“The law appeared to be clearly and straightforwardly in Mr. Fipke's favor.” said attorney Carlo Fisco. “Therefore Mr. Fipke must be
commended for staying the course in seeking a fair and just decision. Owners now have a level of protection going forward and the industry also stands to gain from the clarification supplied by the appellate court.”

Attorney Darrell Vienna added: “This decision which defines and clarifies the rights of horse owners has been a long time coming. Thanks to the patience and fortitude of Mr. Fipke in pursuing this matter, the rights of horse owners have been further defined and clarified.”

Fipke stated: “I pursued this case because I believe that horse owners have the right to make decisions regarding their horses and ensure that I and other horse owners are neither denied that right nor subjected to arbitrary and unfair sanctions for exercising that
right.”

The CHRB was also ordered to pay appellant's costs as a result of the decision.

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Economic Indicators: September Derby Bolsters Monthly Handle

Equibase, LLC released its monthly report on Economic Indicators in Thoroughbred Racing this Monday, Oct. 5. Due to the COVID-19 outbreak, Equibase is currently providing monthly reporting of its Economic Indicators Advisories. The Advisory is typically disseminated on a quarterly basis to provide key metrics used to measure racing's performance throughout the year.

The Kentucky Derby's delayed date on the first Saturday in September caused a significant wagering jump for the year-over-year comparisons to the same month in 2019, an increase of 29.64 percent. Churchill reported a significant decrease in Kentucky Derby day wagering, however, down nearly 50 percent compared to the race held on the first Saturday in May in 2019.

Churchill Downs attributed the decline in handle for this year's Derby Day program to the lack of on-track wagering, fewer horses per race including in the Kentucky Derby race, and a prohibitive favorite in the Derby.

Overall, wagering in 2020 is down just 2.86 percent through September, a jump from the difference of -6.20 percent reported at the end of August. Average daily wagering continues to show a positive trend as well, up 36.10 percent through the first nine months of 2020 compared to the first nine months of 2019.

September 2020 vs. September 2019
Indicator	September 2020	September 2019	% Change
Wagering on U.S. Races*	$1,039,737,336	$801,998,134	+29.64%
U.S. Purses	$110,251,841	$118,229,293	-6.75%
U.S. Race Days	365	412	-11.41%
U.S. Races	3,101	3,329	-6.85%
U.S. Starts	24,447	25,231	-3.11%
Average Field Size	7.88	7.58	+4.02%
Average Wagering Per Race Day	$2,848,595	$1,946,597	+46.34%
Average Purses Per Race Day	$302,060	$286,964	+5.26%

3rd QTR 2020 vs. 3rd QTR 2019
Indicator	3rd QTR 2020	3rd QTR 2019	% Change
Wagering on U.S. Races*	$3,293,292,589	$2,921,407,748	+12.73%
U.S. Purses	$305,013,587	$349,865,237	-12.82%
U.S. Race Days	1,208	1,411	-14.39%
U.S. Races	9,989	11,097	-9.98%
U.S. Starts	76,402	80,738	-5.37%
Average Field Size	7.65	7.28	+5.13%
Average Wagering Per Race Day	$2,726,236	$2,070,452	+31.67%
Average Purses Per Race Day	$252,495	$247,956	+1.83%

YTD 2020 vs. YTD 2019
Indicator	YTD 2020	YTD 2019	% Change
Wagering on U.S. Races*	$8,348,815,108	$8,594,182,019	-2.86%
U.S. Purses	$629,176,645	$893,867,369	-29.61%
U.S. Race Days	2,509	3,515	-28.62%
U.S. Races	20,895	28,554	-26.82%
U.S. Starts	164,476	210,977	-22.04%
Average Field Size	7.87	7.39	+6.53%
Average Wagering Per Race Day	$3,327,547	$2,445,002	+36.10%
Average Purses Per Race Day	$250,768	$254,301	-1.39%

* Includes worldwide commingled wagering on U.S. races.

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‘We Can’t Ride Them To Their Full Potential’: Santa Anita Jockeys Struggle With New Whip Rules

Following the first day under new whip rules at Santa Anita Park, several jockeys shared their continuing frustrations with the Daily Racing Form.

The California Horse Racing Board regulations include:

Riders cannot use the crop more than six times during a race, excluding showing or waiving the crop or tapping the horse on the shoulder.
Riders cannot use the crop more than two times in succession (within the six-time limit) without giving the horse a chance to respond before using the crop again.
The crop must be used in an underhanded position with the crop always at or below the shoulder level of the jockey.

“We can't ride them to their full potential, even if it's a light overhanded tap left-handed,” Drayden Van Dyke told drf.com. “People have to understand to get that whip over to your left hand, there are certain techniques you have to do. Underhanded bars you from being able to do it as quickly. This is a game when every millisecond matters. I think it's really discouraging.”

“In my professional opinion, it's not going to work,” Hall of Famer Mike Smith said. “If you're on a deep track and they're tiring, it doesn't work. It'll cost somebody second money, a win, or third money.”

COVID-19: Meadowlands Remains Closed To Fans Until Oct. 5, Racing Continues

The Meadowlands Racetrack will remained closed to patrons for racing, simulcasting and sports wagering until Monday, Oct. 5.

The track first closed to patrons on Tuesday, Sept. 29, after a few individuals tested positive for COVID-19 that they acquired either in the workplace or at home. Contact tracing is ongoing.

Out of an abundance of caution the entire facility was shut down for top to bottom sanitization. The Meadowlands Racetrack is committed to providing a safe and healthy grandstand for all employees, patrons and fans.

Live harness racing will take place as scheduled on Friday, Oct. 2 and Saturday, Oct. 3 without spectators. Post time is 7:15pm.

Fans are encouraged to wager online by visiting their favorite online OTW. Must be 18+ to wager.

Re-opening details will be posted at PlayMeadowlands.com. Winners Bayonne OTW remains open for simulcasting.

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