Violations Show New Medication Rules In California Require A Learning Curve

California now has some of the strictest rules regarding medication in racehorses of any jurisdiction in the United States, and a report on medication violations for April and May show that horsemen and veterinarians are still working to understand newer regulations.

At a meeting of the California Horse Racing Board (CHRB) conducted via teleconference last week, CHRB equine medical director Dr. Rick Arthur reported that April saw nine medication violations, only one of which was in a post-race sample, while there were six medication violations in May, two of which were in post-race samples.

Three of April's nine violations were from horses working before the state veterinarian, and the other five were out-of-competition samples taken on horses recording workouts.

“Of the nine violations in April, six would not have been violations in other states,” said Arthur. “I suspect two others would not be violations in most states.”

Four of May's six positives were horses working for the official veterinarian. Arthur guessed only one of the six would be a violation outside of California.

In mid-March, new regulations placed restrictions on the use of “local anesthetics, narcotic analgesics and non-steroidal anti-inflammatories” on horses within 24 hours of a timed workout, and prohibiting more than one NSAID in a post-work sample. In late February, regulations went into effect prohibiting NSAIDs within 24 hours of post time.

“To my knowledge, California is the only state currently regulating these medications during training,” said Arthur. “I'm usually not sympathetic to trainers and veterinarians not paying attention to our rule changes, but we have made numerous regulatory changes recently and from discussions with trainers and veterinarians, the new rule is not as clear to licensees as I would have hoped or expected. Trainers and veterinarians appear confused between house rules and CHRB regulations.

“The most difficult change has been the new medication regulations during training. Keep in mind, regulating medication during training is a new concept in racing.”

Arthur said he is working with California Thoroughbred Trainers to guide a series of webinars aimed at educating trainers and veterinarians on the new rules. And not a moment too soon — as he pointed out, several more veterinary regulations are set to go into effect July 1, including the transfer of a health record for claimed horses and a prohibition on bisphosphonates.

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Kentucky Committees Approve Changes To Whip Rules, Sends Language On To Full Commission

On the heels of changes to the rules governing whip use in California last week, regulators in Kentucky have approached the same issue, albeit with somewhat different results. In a joint meeting held via teleconference Monday, the Kentucky Horse Racing Commission's rules committee and its safety and welfare committee voted unanimously to approve a compromise between language proposed by The Jockeys Guild and the Thoroughbred Safety Coalition.

The Thoroughbred Safety Coalition, represented at the meeting by officials from Churchill Downs and Keeneland, brought forth guidance that would limit overhanded strikes to five in the stretch, and permit underhanded strikes at the start of the race (to correct a horse's course or get their attention as the race begins). The guidance also allowed a rider to use the whip as necessary to course correct in an emergency, but suggested riders may be required to pull a horse up if they exhausted their strike limit during a corrective incident.

Various members of the Jockeys Guild were on hand to push back on the changes, reiterating as they had during the California Horse Racing Board meeting last week that they were hoping Kentucky would adopt the Guild's suggested rules as a start to creating a “national rule.” Presumably such a “national rule” would operate similar to the model rules for medication and other regulation published by the Association of Racing Commissioners International — adoption would still be voluntary and state-to-state.

Hall of Fame rider John Velazquez pointed out that riders will often use the whip for correction before the horse has actually veered off course. If they exhaust their strikes to course correct before there's a problem, riders worry about stewards debating their judgment, and also whether it makes sense to pull a horse up after it has veered out, as many horses have come back to hit the board after altering course.

“How's that going to look for the bettors?” said Velazquez. “That's not [good] for the integrity of the race. There are so many things that happen in the race. We have to let the horse know that we have control.”

Guild representatives, including Hall of Fame rider Mike Smith, pushed to expand the maximum number of over-handed strikes to six, and requested riders be given the same limit for underhanded strikes in the stretch to allow them more flexibility to tailor a response to an individual horse or scenario.

“It's a drastic change,” said Smith. “It looks better. It'll really work.

“There's so many times a horse will open up because it's passing horses, but when it gets to the front of the field, it'll pull up. Horses are not all leaders. Most of the time, they're pack animals. There's very few of them that actually want to be leaders. Some of the time you have to touch them behind. Touching them on the shoulder, that doesn't really do anything.”

Charlie O'Connor, member of the rules committee, disagreed with Smith.

“If you're looking for six and six, then all of a sudden that's twelve,” said O'Connor. “Mike, I respect your opinion. You're a world class jockey. But if we're seen to be hitting these horses twelve times over and under, it's not going to wash.”

Mike Ziegler, executive director of racing for Churchill Downs, echoed O'Connor.

“We can't hit horses anymore,” said Ziegler. “That's the ultimate reason we're talking about this.”

Velazquez wondered whether this was a sign regulators and racetracks ultimately want to get rid of the whip altogether.

“The day that you actually put away the whip altogether, there will be more accidents in the United States,” said Velazquez. “I'm telling you, it'll be too dangerous to run. We'll kiss goodbye to racing if you're looking not to hit the horse at all.”

“This is what we're doing at the moment,” said O'Connor in response. “If we don't put in these rules, the crop is going to be taken off. And I agree with you, it'll be the end of racing — but we're trying to keep the crop, because we're in great danger of you guys losing it. We all know, those of us sitting in this meeting, that would be a disaster.”

Ultimately, Coalition members agreed to increase the strike limit from five to six, permitting riders three sets of two hits in the stretch with a pause in between to let the horse respond. The committee added a definition for “the start of the race” to be the first furlong, and removed language requiring a horse pull up in the event of a dangerous veering or other incident.

Penalty guidelines for overuse of the whip were also changed, with increasing penalties for each successive strike over the limit (now six). Penalties become heavier in graded stakes contests, and owners/trainers are strictly prohibited from placing pressure on a jockey to win under circumstances that would violate the rules. Penalties also increase for multiple violations in Kentucky in a six-month period. Jockeys' earnings can be taken away, depending on the number of strikes they are over the limit, the number of violations the rider has, and whether the rider is in a graded stakes. For example, a seventh strike in a graded stakes race would result in a rider losing 30 percent of their earnings, if that is the rider's first violation in six months. Repeat offenders can lose up to 100 percent of earnings.

Last week, California regulators finalized a rule dictating what type of whip riders could use, and also limiting them to six strikes overhanded total.

The rule language now moves on to the full commission, which meets Tuesday.

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Charles Town To Reopen For Fans, Simulcasting Operations On June 22

Following a previous order by West Virginia Governor Jim Justice that would allow patrons at live sporting events effective June 22, Hollywood Casino at Charles Town Races is pleased to announce the reopening of the first floor of its grandstand for live racing and simulcasting operations beginning on Monday, June 22 at 12:00 P.M EST.

Closed to racing spectators since March, Charles Town will be reopening not only its first floor to the public for wagering on live racing and simulcast signals from around the country but will also reopen its trackside apron for its live racing programs.

In working with state and local leaders, the track has developed a series of protocols designed to welcome back both guests and team members in a safe environment. These new protocols include, but are not limited to, the following:

Social Distancing

  • The installation of floor decals and signage to strictly enforce social distancing guidelines in areas where lines typically form.
  • Mutuel windows and self-service terminals will be configured to meet social distancing requirements.
  • The only food service to be offered at the outset will be limited to prepared food from our food court.
  • The box seat area and second floor of the grandstand will remain closed
  • Capacity restrictions for the Charles Town property will be in effect

Health & Safety

  • Team members, vendors and racing participants will be required to wear masks and will undergo a health screening each day, including temperature checks, prior to their shift.
  • Guests will be encouraged to wear masks and must respond to a verbal health screening prior to entry to the property.
  • There will initially be one entry for the general public to the property.
  • Mutuel windows and self-service terminals will be thoroughly and regularly cleaned.
  • Sanitizer stations will be installed on the floor and be readily available throughout the facility.
  • We will deploy a fog machine to disinfect and sanitize every night.

Live racing will continue to be held at Charles Town on Thursday, Friday and Saturday evenings with a first race post time of 7:00 P.M. EST. Full-day simulcasting from tracks around the country will take place from Thursday through Sunday, with opening and closing times on the other days dictated by the number of tracks in operation.

In order to accommodate patrons looking to wager on this Saturday's Belmont Stakes, Charles Town intends on opening a pair of self-service mutuel terminals located near the Sportsbook on the gaming side of the facility for the day's events.

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The Jockeys’ Guild: CHRB Whip Rules ‘Are Both Unsafe And Jeopardize The Integrity Of The Sport’

The Jockeys' Guild issued the following statement this weekend after the California Horse Racing Board passed a strict new rule regarding use of the riding crop during races.

The Jockeys' Guild is extremely disappointed by the actions taken by the California Horse Racing Board with regards to the riding crop. Specifically restricting the use of the riding crop to six times in the underhanded fashion throughout the entire race, as well as restricting the type of riding crop that can be used. The industry has a long history of disrespect for jockeys, going back many, many decades. That prevailing attitude was the main reason for the formation of the Guild in 1940. Incredibly, that disrespect continues to this day as evidenced by the CHRB Board and the Chairman failing to engage jockeys and the Guild in any meaningful dialogue. To completely ignore the pleas of the professional jockeys and the Guild, moving forward to adopt the two rules presented Thursday, which are both unsafe and jeopardize the integrity of the sport, is a dangerous precedent.

The jockeys put their lives on the line every day, not the members of the CHRB or those in direct opposition of our sport. And yet, the voices of respected Hall of Fame rider and Jockeys' Guild Co-Chairman Mike Smith, as well as world-renowned and all-time leading money earning Quarter Horse jockey, G.R. Carter, and veteran rider Aaron Gryder, not to mention all of the other California jockeys who voiced their concerns about the proposals, were completely disregarded.

The Guild is deeply troubled by the process. Starting in March of 2019, the Guild has crafted various proposals with regards to the riding crop, which were dismissed, overlooked, and sometimes not even acknowledged. Instead, the CHRB insisted on jamming through the rules rather than even considering the Guild's reasonable and compromising proposals.

Then to add insult to injury, the Chairman of the CHRB, Dr. Greg Ferraro, labeled the jockeys as part of the problem. Chairman Ferraro said, “We're never going to please the jocks. They don't want to do anything but keep the status quo.” Nothing could be further from the truth and is beyond offensive. Over the past decade, the Guild has worked with the other entities in the industry, including the CHRB, and has been more than willing to compromise on issues in the best interest of racing. The Guild was at the forefront of changes to the riding crop after the issues surrounding Eight Belles and the 2008 Kentucky Derby. Furthermore, as stated throughout the whole process, and again yesterday by representatives of the Guild, we completely recognize the need to change the existing use of riding crop rules. The Guild has actively been engaging in meetings throughout the country, not just in California, to establish a uniform rule.

The recent decision on the use of the riding crop is set to fail. It is based on the CHRB's response to perception and as opposed to doing what is right for the industry. The CHRB's decision was done to pacify the radical animal rights organizations and the individuals who have made clear of their intention to abolish racing. Additionally, the Manager of Policy and Regulations for the CHRB inferred that its role was about pleasing Sacramento. This speaks volumes about the CHRB's attitude and subsequent dismissal of what is in the best interest of racing and we believe definitely swayed the vote.

The CHRB Chairman and Board also disregarded statements from representatives of the Guild, as well as Aidan Butler of The Stronach Group, Nick Alexander of the TOC, and Alan Balch of CTT, asking for a limited extension before any adoption of the rule. These requests were made in the hopes of reaching a unified rule, created by all industry participants, which could be adopted throughout the United States. We strongly believe that the implementation of the CHRB rules as presented yesterday will have a detrimental impact on the entire industry, including the owners, betting public, racetracks, and horsemen.

Furthermore, the rule as adopted, only allows for the jockeys to use a crop with a cylinder popper, which as of now is only being made by one company. Its decision fails to consider the jockeys input, including the fact when the jockeys had used it during racing, many broke at the tip and poppers fell off during a race. This riding crop has also proved difficult to use when switching hands. Any proposed changes should have been fully evaluated in the “real world” to access the performance, as well as the effectiveness of the changes, just as has been done in the past. The Guild has repeatedly stated that we have been and will continue to be supportive of improvements made to the equipment, including the riding crops, whether it be the design or material, that are in the best interest of the horse. In order to move forward, the Guild had requested to allow for the use of the existing cushioned riding crop, as well the newly introduced cylinder riding crop. However, the CHRB has continued to refuse to even consider the proposal or engage in conversations with the riders who are most impacted by its decisions.

Unfortunately, it is evident, now more than ever before, that the CHRB does not view jockeys as essential and equal stakeholders in this industry. Instead, we are viewed as second class citizens or even worse. However, the Guild and the jockeys we represent refuse to accept this point of view. We will continue to fight for the livelihoods and safety for our members and the betterment of our sport. In doing so, the Guild will continue to work with the industry and other jurisdictions for a fair national riding crop rule. If California opts to institute its own regulations regarding the riding crop and its usage, it will not be in the interest of racing in the United States.

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