Jockey Club Wants to Give ‘Unique Perspective’ in Baffert vs. NYRA Suit

The Jockey Club (TJC) now wants to get involved in trainer Bob Baffert's federal lawsuit against the New York Racing Association (NYRA), which seeks to overturn his banishment from stabling and racing horses at Belmont Park, Saratoga Race Course, and Aqueduct Racetrack.

In a June 22 letter to United States District Court (Eastern District of New York), Susan Phillips Read, an attorney for TJC, asked permission to file an “amicus” brief that she believes will “provide the Court with a unique perspective and information to assist in deciding the pending motion for preliminary injunction.”

Baffert was told by NYRA that he was not welcome to stable or race at the association's three tracks on May 17 in the wake of his disclosure that Medina Spirit (Protonico) had tested positive for betamethasone after winning the GI Kentucky Derby. That revelation by Baffert was later confirmed by split-sample testing at two different labs approved by the Kentucky Horse Racing Commission, but no ruling has yet been issued over those findings.

On June 14, Baffert filed a civil complaint against NYRA, alleging that the association-level ban violates his Fourteenth Amendment constitutional right to due process. He wants a preliminary and permanent injunction ordered against NYRA to prevent his further banishment from those tracks, claiming that if that does not happen, he will suffer immediate and irreparable harm.

The betamethasone finding in the Derby was the fifth positive test in a Baffert trainee for a regulated but prohibited-on-race-day drug within the past year (two others were for lidocaine, one was for dextrorphan, and another also for betamethasone). It was the third during that time frame to occur in a Grade I stakes.

While all of this has been going on, Baffert has also been embroiled in a long and complicated court and racing commission battle in California over whether to disqualify 2018 Triple Crown winner Justify from that year's GI Santa Anita Derby because of a scopolamine finding.

“TJC has long believed that horses must only race when they are free from the effects of medication, and vociferously advocated for the passage of The Horseracing Safety and Integrity Act,” Read wrote. “TJC thus has a special interest in sharing with the Court its perspective regarding the deleterious effects of improper drug use on the health of horses, the Thoroughbred racing industry, and public trust in the honesty of competition.

“Further, TJC, through its wholly-owned subsidiaries and Thoroughbred Safety Committee, has access to information not necessarily available to the parties,” Read wrote.

Read wrote that she has asked the attorneys for both parties for consent to file TJC's amicus brief. NYRA's counsel has given permission; Baffert's has not.

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View From The Eighth Pole: Keeping HISA Out Of Racing’s Alphabet Soup

The Horseracing Integrity and Safety Authority (HiSA) got off to a solid start last month when Maryland attorney Charles Scheeler was elected by fellow directors to chair the nine-person board that will act as an independent oversight body on medication and safety issues for Thoroughbred racing in the United States.

The board includes some names that should be familiar to horse racing people (i.e., former Breeders' Cup and National Thoroughbred Racing Association executive D.G. Van Clief Jr., retired Keeneland president Bill Thomason, former New York Racing Association chief financial officer and president Ellen McClain, and Joseph De Francis, whose family previously owned Maryland tracks Laurel and Pimlico).

But there are others who bring major league sports experience to the Authority. Adolpho Birch spent 23 years at the National Football League's headquarters focusing on enforcement of integrity and drug issues, while Leonard Coleman served as president of Major League Baseball's National League (and is a former member of the Churchill Downs Inc. board of directors).

From the world of politics comes board member Steve Beshear, who served as Kentucky's attorney general, lieutenant governor and governor (his son Andy is Kentucky's current governor). Dr. Susan Stover from the University of California at Davis has blazed a trail of ground-breaking research on equine injuries and prevention. Scheeler played a significant role in Major League Baseball's Mitchell Report, which investigated the use of performance-enhancing drugs in that sport.

It is an outstanding group with a variety of skill sets that should work well together as the industry moves into uncharted waters with the development of national rules on medication and safety issues that will require the approval of the Federal Trade Commission in Washington, D.C.

The Authority's second step from the gate was a stumble – temporarily it is hoped – with the appointment of industry organization veteran Hank Zeitlin as interim executive director. Zeitlin is like that retread football coach with a mediocre record who keeps finding new teams to give him a chance. He's gone from management positions at The Jockey Club, to Equibase, to the Thoroughbred Racing Associations of North America in an undistinguished manner.

I'm going to take Scheeler's word for it that Zeitlin is being hired on an interim basis only – that Zeitlin's institutional knowledge will be somewhat useful as Scheeler and other board members get up to speed. He is not the person for the job long-term if the Authority is looking for a dynamic executive as its leader.

I'd almost forgotten that there still is a Thoroughbred Racing Associations of North America and that Zeitlin was collecting an industry paycheck from them. The TRA is not to be confused with the NTRA – the National Thoroughbred Racing Association. They are two distinct groups in racing's alphabet soup of organizations.

I'm not even sure what the TRA does any more, except to count and pass through the money its racetrack members earn for their ownership share of Equibase, the industry's official database that the TRA tracks co-own with The Jockey Club (TJC). Long ago, including during Zeitlin's tenure there as president, the Equibase board decided the company's primary role was to be profitable rather than to serve as a marketing and growth tool for Thoroughbred racing as almost all other sports use their historical data.

Does the industry still need the TRA? Does it really need the NTRA? Can it get by without the Thoroughbred Owners and Breeders Association, or the Association of Racing Commissioners International?

This might be a good time for a downsized industry to look at consolidating some of these organizations and their responsibilities. TRA could probably outsource Zeitlin's current job as its executive vice president to an accountant. The Thoroughbred Racing Protective Bureau, a subsidiary of TRA that once served as an important integrity and security division for horse racing, may fulfill some role in connection with the Authority, particularly when it comes to wagering security, the primary area in which the TRPB is now involved.

The NTRA is a ghost of what it was originally designed to be when it was established nearly 25 years ago. Having long ago given up on being a “league office” for horse racing, the NTRA in recent years has focused on lobbying in Washington, D.C., running a profitable handicapping tournament, and presenting the Eclipse Awards. With NTRA president Alex Waldrop announcing that he will retire at year's end, this might be an opportune time to divvy up those responsibilities to existing groups like The Jockey Club or Equibase and save some money on salaries.

Same goes for the Thoroughbred Owners and Breeders Association (TOBA), whose only real purpose is the grading of North American stakes. Since The Jockey Club prepares the statistical data at TOBA's behest for the annual grading process, that responsibility could easily be transferred. TOBA has been operating in the red in recent years, with its chief executive taking home roughly 30% of the organization's annual revenue.

And what about the Association of Racing Commissioners International (ARCI)? Its primary function seems to be the development of model rules for a variety of activities in racing, including medication and safety policies. With those two categories falling under the Authority's umbrella, there will be a lot less meat on the bone for ARCI president Ed Martin to chew on.

Nothing will change, of course. Some of these organizations with uninspired leadership have evolved into nothing more than jobs programs, and they're not going away. Racing cannot afford to let the Horseracing Integrity and Safety Authority (HISA) be steered toward mediocrity and become just another ingredient in racing's bland alphabet soup. Its success is too important.

That's my view from the eighth pole.

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Jockey Club Sponsors ROR Championships

The Retraining of Racehorses National Championships will return in 2021 with The Jockey Club as a new three-year sponsor. The Jockey Club ROR National Championships will be held from Aug. 26 to 29 at Aintree Equestrian Centre featuring classes for showing, dressage and jumping, with The Jockey Club Supreme Champion to be crowned on the Saturday evening. Entries for the Championships are open and will remain so until Aug. 1. The last staging of the event in 2019 drew a total of 940 entries from over 326 individual retrained racehorses.

Di Arbuthnot, RoR chief executive, said, “We are delighted that RoR's relationship with The Jockey Club will enter a new phase in 2021 with a new three-year deal in support of our national championships. After the cancellation of last year's event due to the pandemic it will be wonderful to be back at Aintree in August.

“Furthermore, in the aftermath of The Jockey Club staging The Cazoo Derby at Epsom Downs, the country's most prestigious Flat race that identifies the cream of the crop from each generation of Thoroughbreds, it is apt to be announcing The Jockey Club's three-year sponsorship of an event that celebrates the alternative career paths taken by horses not of the calibre of Derby or Oaks winners.”

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Sinatra Named Equibase President

Sal Sinatra has been named the next president of Equibase Company LLC by the Equibase Management Committee, effective June 21. Sinatra succeeds Jason Wilson, who departed Equibase to join The Stronach Group this past April.

Sinatra, who completed a double major in Mathematics and Statistics from Rutgers, was an assistant clerk at the Daily Racing Form and in 1985, he became a racing official at Monmouth Park and the Meadowlands. He was also the assistant racing secretary at Beulah Park in Ohio.

Between 1990 and 1999, Sinatra was president and ownership partner of TSNS, which was acquired by The Jockey Club as part of InCompass Solutions. He then spent 15 years as vice president of Racing and racing secretary at Parx Racetrack and Casino in Bensalem, Pennsylvania, before becoming president and general manager of Maryland Jockey Club in 2014.

“Sal is a longtime participant in the Thoroughbred industry, and the Equibase Management Committee knows he will be a valuable asset to the Equibase team,” said Ian D. Highet, chairman of Equibase. “His analytical background, management experience, and firsthand knowledge of every aspect of racing will guide Equibase in developing a strategic path forward for its products and services.”

Added Sinatra: “I have spent my entire career in Thoroughbred racing and have worked with Equibase since its inception. I have tried to be an innovative leader and that will be reflected in my leadership of Equibase,” Sinatra said. “My experience as a technician and working at racetracks puts me in a unique position to maximize what Equibase has to offer the industry.”

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