Tag: The Biz

McConnell Announces Horseracing Integrity And Safety Act, New Independent Regulatory Authority

U.S. Senate Majority Leader Mitch McConnell (R-KY) announced Monday at a press conference in Lexington, the Horse Capital of the World, his plans to introduce legislation in the U.S. Senate to help set national standards to promote fairness, increase safety, and help preserve Thoroughbred racing. The McConnell bill, the Horseracing Integrity and Safety Act, will be introduced in September following the state-work-period. U.S. Congressman Andy Barr (KY-06) will introduce the companion legislation in the U.S. House of Representatives.

Because of Kentucky's leading role in this sport, Senator McConnell brought Keeneland, Churchill Downs, Breeders' Cup, The Jockey Club, and other industry leaders together earlier this year to develop a solution to the challenges facing horse racing. A number of them joined Senator McConnell and Congressman Barr for today's major announcement: Keeneland President & CEO Bill Thomason, Keeneland President & CEO-Elect Shannon Arvin, Churchill Downs Incorporated CEO William “Bill” C. Carstanjen, Breeders' Cup President & CEO Drew Fleming, and The Jockey Club Vice Chairman William “Bill” M. Lear Jr.

“I'm proud to be joined by prominent horse racing leaders in Kentucky as they take the courageous step to increase nationwide safety standards for horses, jockeys, trainers, breeders, and fans. I'm grateful to Congressman Andy Barr for his strong leadership on this important issue,” said Senator McConnell.

Also announced today was the launch of the Horseracing Integrity and Safety Authority, which will be an independent, non-governmental regulatory body responsible for improving current regulations bringing a new level of transparency. This Authority will also address medication use, track conditions and other safety standards to protect equine athletes. Senator McConnell's Horseracing Integrity and Safety Act will provide federal recognition and enforcement power for the Horseracing Integrity and Safety Authority to develop uniform, baseline standards for horse racing.

“Kentucky is proud of our distinct horse racing traditions. We must address the challenges the sport faces so we can preserve our heritage and the jobs of over 24,000 Kentuckians who support it,” said Senator McConnell. “As Senate Majority Leader, I look forward to working with Congressman Barr and our colleagues across the aisle on our legislation to give federal recognition to the Horseracing Integrity and Safety Authority. Together, we can better protect every competitor and give each of them a fair shot at the Winner's Circle.”

Congressman Barr said, “Today's announcement is the culmination of years of work and negotiation to develop uniform racing standards under one independent regulatory body. The future of the sport depends on fair competition, a level playing field across state lines, as well as the safety and welfare of our equine and human athletes. Now is the time for the horse racing industry to embrace change that will attract a new generation of fans and solidify the future of this special sport. I want to thank Leader McConnell for his partnership on this effort and I look forward to moving this legislation across the finish line.”

“This groundbreaking legislation and the collaborative effort behind it speaks to the commitment those of us in the Thoroughbred industry have to establish uniform safety and integrity standards across the U.S. and bring American racing in line with international guidelines,” Keeneland President and CEO Bill Thomason said. “We applaud the leadership of Senator McConnell and Congressman Barr, who share our passion for horse racing and a dedication to strengthening the future of this great sport.”

Churchill Downs Incorporated CEO William “Bill” C. Carstanjen said, “It is critical to the future of Thoroughbred racing that the safety and integrity of our sport be governed by world-class, uniform standards across the United States. The leadership of Senator McConnell and Congressman Barr has been instrumental in our shared goal of bringing the Thoroughbred industry together to achieve this goal.”

“This legislation gives us an opportunity to make the single most significant and far-reaching safety and integrity enhancement in the history of Thoroughbred racing by bringing our sport into the 21st century and protecting its future for generations to come,” said Drew Fleming, President and CEO of Breeders' Cup Limited. “While there is more work to do both in Congress and in the racing community, we are now on the path to a safer and more transparent sport thanks to Senator McConnell's leadership and ability to bring people together around this important non-partisan issue. It has been a privilege to work with Congressman Andy Barr, my Chairman Fred Hertrich and my trusted counterparts at Churchill Downs and The Jockey Club, among many others, to contribute to this initiative for the betterment of our industry.”

“The Jockey Club has long pursued a collaborative solution within our industry to establish national reforms ensuring clean competition and improved safety for horses and humans alike. We express our sincere thanks to Senate Majority Leader Mitch McConnell and organizations such as Breeders' Cup, Churchill Downs Inc., Keeneland, New York Racing Association, and The Stronach Group for working so closely with us on this legislation,” said Stuart S. Janney III, Chairman, The Jockey Club. “We strongly believe that the Horseracing Integrity and Safety Act is vital to developing uniform and effective medication and safety regulations that will enhance the integrity and safety of American horse racing and improve the sport.”

The Jockey Club Chairman continued, “We also applaud Reps. Paul Tonko (D-NY) and Andy Barr (R-KY) and Sens. Kirsten Gillibrand (D-NY) and Martha McSally (R-AZ) for their support and devotion to horse racing and for introducing the original bill into the House and Senate. We will continue to work closely with Congressional co-sponsors, industry stakeholders and animal welfare organizations in our pursuit of national, uniform standards for drugs, medication, and safety in horse racing.”

“Without federal legislation mandating that USADA enact 'clean' drug rules, reliable testing, qualified labs and strict penalties for violators, the sport of American horse racing faces an uncertain future,” said Staci Hancock, Managing Member of the Water Hay Oats Alliance. “With Senator McConnell's leadership and the continued efforts of Representatives Andy Barr and Paul Tonko in the House, WHOA's members look forward to the day when our great sport can rebuild its reputation, protect our beloved horses and their jockeys, and reclaim racing's place as one of America's top spectator sports.”

Kitty Block, CEO of the Humane Society of the United States, said, “Senate Majority Leader McConnell has stepped up to end widespread doping in American horse racing and to address racetrack safety, the key contributing factors to fatalities on American racetracks. We cannot continue to look the other way when a racehorse is severely injured or killed during training or a race. This measure will advance necessary reforms that will make or break horse racing in the United States.”

In reaction to the news Monday, the New York Thoroughbred Horsemen's Association distributed the following statement:

“Horsemen should view today's developments with the Horse Racing Integrity and Safety Act with hope,” said NYTHA president Joe Appelbaum. “It's been clear for a generation that a systematic approach to equine welfare is needed and this effort is a big step in that direction. The broad changes proposed today by Senator McConnell are a significant improvement on previous drafts of legislation and I'd like to personally commend the industry participants for working together to overcome their differences.

“The real work starts now, as we will need to not only pass this legislation but actually implement its proposals. NYTHA looks forward to working with all parties to ensure that horse racing has a worthy system ensuring the safety of our equine athletes and a level playing field. Our primary stakeholders, horsemen and bettors, deserve nothing less.”

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Del Mar Rarity: Tranquility Lake Dead-Heat First In Stakes Since 1973

The dead-heat for the win between Proud Emma and Message in Friday's Tranquility Lake was the first in a stakes event at Del Mar in nearly a half-century and only the third all-time at the seaside track near San Diego, Calif.

The first such occurrence was in the 1968 Del Mar Derby, when Prince Hemp and Glory Hallelujah couldn't be separated by the photo-finish camera. The most “recent” was in the second division of the 1973 Rancho Bernardo when the co-winners were Dollar Discount and D.B. Carm.

The dead-heat victory in a stakes was the first for Hall of Fame trainer Bob Baffert, who has been winning them at Del Mar, and lots of other Thoroughbred places, for over three decades.

It was also a first, and a double-dip benefit for jockey Flavien Prat, aboard Message for Baffert. Peter Miller trains Proud Emma, who was ridden by Mike Smith.

It was the 11th stakes win of the meeting for Prat, two short of the track's single-season record for jockeys with eight more black-type events on the calendar. It also moved Prat back into a tie with Umberto Rispoli atop the rider standings with 36 wins each.

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West: Recent Appeals Court Ruling On Maximum Security Disappointing, But ‘It’s Time To Move On’

Three judges from the U.S. Court of Appeals for the Sixth Circuit have affirmed a lower court's ruling dismissing a suit by Maximum Security owners Gary and Mary West against the Kentucky Horse Racing Commission and Kentucky stewards for disqualifying their horse from the 2019 Kentucky Derby. The decision, published Friday, was unanimous.

Owner Gary West told the Paulick Report he has no intention of continuing the legal fight over the outcome of the race.

“I obviously disagree with the court's findings, but it is time to move on and the decision will not be appealed,” West said via email.

The U.S. District Court for the Eastern District of Kentucky had dismissed the suit for failure to state a claim upon which relief could be granted. Attorneys for the Wests argued their horse should be declared the official winner of the race based on four arguments: that a decision by stewards on disqualifications are subject to judicial review, that the stewards' decision was deficient in terms of evidence/that it was arbitrary and capricious, that the stewards violated the Wests' right to due process, and that the regulation allowing the stewards to disqualify a horse is void because it is too vague.

Judge John K. Bush, who authored the opinion on behalf of the court, disagreed with all four of the arguments, referring to Kentucky's laws and regulations outlining what stewards are permitted to do. Kentucky regulations specifically state that stewards' findings of fact and determination “shall be final and shall not be subject to appeal.” Some types of stewards' decisions, like the choice not to grant an applicant a license or a suspension for a medication ruling, are appealable through the court system. That has not previously been the case for decisions on placings.

One of the primary differences between the stewards' process in these cases is that while reviewing a potential case of foul like that of Maximum Security, the race has not yet been declared official until after stewards complete their own internal decision-making process. In the case of a medication finding, the stewards call licensees in to a hearing and hear evidence and arguments before making a decision, which better matches with the legal definition of an “administrative hearing.” Administrative hearings may be appealed.

Bush thought that distinction was correct, because in-game decisions like a race disqualification in the hands of those best equipped to make those judgements.

“To be sure, a good judge is an umpire who calls balls and strikes,” Bush wrote in part. “But we are not game officials in the literal sense, and we are ill-equipped to determine the outcome of sporting contests. The stewards, on the other hand, are racing officials who must go through rigorous training and experience before they may serve in that capacity. Perhaps only the racehorse itself could tell us whether it was fouled during a race. But horses can't speak, so the Commonwealth of Kentucky, similar to many other racing jurisdictions, has designated racing experts — the stewards, not the appointed members of the Commission or judges — to determine when a foul occurs in a horse race. It is not our place to second-guess that decision.”

Read the complete court opinion here.

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Hurricane Aftermath: ‘A Lot Of Damage’ Will Delay Opening Of Delta Downs’ Thoroughbred Meet

Significant damage from Hurricane Laura will force Delta Downs to delay the start of its Thoroughbred meet, scheduled to begin Oct. 6, director of racing operations Chris Warren told the Thoroughbred Daily News. The Vinton, La. track was part of the mandatory evacuation order issued Tuesday, but nearly 600 Quarter Horses and a number of workers remained on property with nowhere else to go.

No horses or people were reported injured in the hurricane, which made landfall around 1:00 a.m. on Thursday morning, but the facility itself was a different story.

“There's debris and sheet metal everywhere,” Warren told the TDN. “The tote board got demolished. It collapsed and is completely gone. Our camera towers are gone, so is our holding barn. The starting gates got completely turned over and the light poles are torn up. The whole backside rail is pretty much ruined. There's just a lot of damage and it is everywhere.”

Track announcer Don Stevens posted several photos of the damage on social media:

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