Gaffalione Appeals ‘Careless Riding’ Suspension at Spa

Tyler Gaffalione is appealing a three-day “careless riding” suspension imposed by the Saratoga Race Course stewards in the aftermath of his mount being disqualified in the second race there Friday.

Gaffalione was on the lead aboard 19-1 maiden Hero's Medal (Medaglia d'Oro) in a nine-furlong race July 14. According to the Equibase chart, the colt “was given his cue at the five-sixteenths, spun into the stretch in the two path under a drive, came in some and bumped solidly with Mount Craig [Arrogate] near the three-sixteenths, was turned in some while taken in hand, came out a bit from the reaction of the previous bumping and bumped another foe, battled with Mount Craig to the finish for the show and just missed that position.”

Hero's Medal crossed the finish fourth, but was placed sixth for fouling Ocasek (Candy Ride {Arg}) just inside the three-sixteenths pole.

Gaffalione was granted a stay of the suspension by the New York State Gaming Commission (NYSGC) pending the outcome of his appeal, meaning he won't be out of action until the appeal gets heard and decided.

In February 2022, the NYSGC voted in a so-called “Saratoga rule” in an attempt to end the resource-draining practice of jockeys appealing riding infractions during that big-money meet, then withdrawing those protests once the meet was over for the sole purpose of delaying a suspension until it was more convenient (or less financially damaging) for the penalized rider to serve the days.

The rule rewrite–which at the time of its passage was opposed by The Jockeys' Guild–gave the commission discretion to instead make a jockey sit out a suspension at a subsequent meeting at the same track. This means a rider's Saratoga penalty might not be able to get pushed back to, say, Aqueduct in the winter if the stewards instead opt to make the days carry over to the start of the next year's meet at the Spa.

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HISA Threatens Turf Paradise Simulcast Shutdown if Repairs Not Made

Despite entering into an agreement with the Horseracing Integrity and Safety Authority (HISA) to get Turf Paradise up to date on existing national safety regulations, sufficient repairs were not made to improve the condition of the railing and the Phoenix, AZ, track received a deadline of Apr. 1 for completion or be “prohibited from conducting Covered Horseracing.”

The news came via a press release from HISA.

In January, HISA cited the track for non-compliance on Rules 2153 “racetrack facilities”, 2154 “racetrack surface monitoring”, 2168 “equine ambulance”, 2262 “void claim”, 2276 “horseshoes”, 2282 “riding crop violations and penalties” non-enforcement, and 8520(d) “non-payment”.
In a Feb. 24 order, both the track and Authority agreed that HISA steward Jorge Estrada, track officials and representatives from The Jockeys' Guild would inspect the rails before Mar. 1 and identify areas where panels may have sharp edges, and repair those areas by Mar. 12. A hearing was conducted remotely via Zoom on Mar. 16 to address issues of non-compliance with the terms of the Agreed Order that remained unresolved as of the date of the hearing, and the Authority found the repairs to the rail to be insufficient.

“After deliberating upon the evidence, it was manifestly clear to the members of the Board Panel that the condition of the railing at Turf Paradise poses a significant risk to the safety of the jockeys and horses participating in Covered Horseraces at the racetrack,” the ruling stated. “There is no dispute that the condition of the railing is unacceptable or that to date Turf Paradise has failed to effect the repairs clearly articulated in the Agreed Order. It is vital that the unsafe condition of the railing be rectified as soon as possible.

“The Board Panel therefore orders that Turf Paradise complete the repairs to the railing, as set forth in the Agreed Order, no later than March 31, 2023. Completion of the repairs and compliance with the remaining elements of the Agreed Order will be verified by an inspector designated by Authority CEO Lisa Lazarus with such inspection to be conducted on or before March 31, 2023. If the repairs are not completed on or before March 31, 2023, or if there is evidence of any other deficiency in compliance with the Authority's rules as set forth in the Agreed Order of February 24, 2023, Turf Paradise shall be prohibited from conducting Covered Horseraces as of April 1, 2023, pending any further action taken by the Authority.

“The Board Panel declines at this time to impose monetary sanctions upon Turf Paradise for past delays in completing the repairs.”

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HISA Appeals Injunction, But Judge Says No to Reversing Earlier Order

In the aftermath of a federal judge's ruling earlier this week that will keep the Horseracing Integrity and Safety Act (HISA) rules from going into effect in Louisiana and West Virginia while a lawsuit challenging those regulations is pending, the HISA Authority responded Friday with a series of legal actions that attempt to both reverse and clarify that injunction order.

The most significant of the July 29 filings from the HISA Authority defendants was a notice that they are appealing Judge Terry Doughty's July 26 decision to grant a preliminary injunction to the plaintiffs, who are led by the states of Louisiana and West Virginia, plus the Jockeys' Guild. This new appeal will be heard by the United States Court of Appeals for the Fifth Circuit.

At the same time, HISA asked Doughty for an emergency stay that would stave off the injunction he ordered just 72 hours earlier.

“The Court's order constitutes judicial overreach,” the HISA defendants argued, questioning how Doughty arrived at his decision to enforce an injunction.

“Although the Court purported to conduct a standing analysis, it did not analyze standing or ripeness as to each individual challenged rule,” the HISA filing stated.

HISA continued: “The Court thus invalidated the Federal Trade Commission (FTC)'s racetrack safety, enforcement, and assessment methodology rules in their entirety without ever assessing how any particular rule injured (or imminently risks injuring) Plaintiffs. The Court's resulting advisory opinion is also deeply flawed on the merits.”

Acting swiftly, Doughty responded to the defendants' 38-page filing within two hours on Friday morning. He required barely more than a single page to firmly assert “no” to HISA's request to put the regulations back into effect in Louisiana and West Virginia until the Fifth Circuit ruled on the new appeal.

“[T]his Court, for the reason more fully set out in the [preliminary injunction ruling], believes that the likelihood of Authority Defendants' success on the merits is low,” Doughty wrote in his July 29 denial. “This Court further finds Authority Defendants will not suffer irreparable harm if a stay is not entered. This Court further finds that other parties will be harmed if the stay is granted.”

Doughty then added a terse warning apparently aimed at letting the Authority know he believes there are flaws in its rulemaking process, which is at the heart of the overall lawsuit.

“Further, HISA has not yet adopted rules addressing the horseracing anti-doping and medication program,” Doughty wrote. “HISA has time to address any constitutional authority issues and procedural issues under the Administrative Procedures Act (APA) in re-drafting and re-noticing rules related to a Racetrack Safety Program.”

The HISA defendants are alleged in the June 29 suit to have violated the Fourth, Seventh and Tenth Amendments to the U.S. Constitution, plus the APA, which governs the process by which federal agencies develop and issue regulations.

The third court action undertaken by the HISA defendants Friday was a request for a clarification of Doughty's July 26 order, specifically the section that stated, “The geographic scope of the injunction shall be limited to the states of Louisiana and West Virginia, and as to all Plaintiffs in this proceeding,”

That clarification request was a direct response to a claim articulated by the Jockeys' Guild in a Wednesday press release that interpreted the judge's words to mean that the injunction “applies to all of the members of the Jockeys' Guild, regardless of the U.S. jurisdiction in which the jockey is riding.”

The HISA defendants stated that's not the proper interpretation.

“Plaintiffs have asserted that the Order extends to all of Plaintiffs' members nationwide,” the HISA filing argued. “But the members of the [Guild] are plainly not Plaintiffs in this case. And Plaintiffs' reading would wreak havoc on the sport. For example, many jockeys are not Guild members, such that different rules would apply to jockeys riding in the same race.”

The HISA Authority wants the judge to explicitly state that the injunction “applies to the implementation of the challenged rules as to Plaintiffs only and not as to [Guild] members nationwide.”

Technically, as listed on the original June 29 lawsuit, the state and organizational plaintiffs are the states of Louisiana and West Virginia, the racing commissions in both states, the Louisiana Horsemen's Benevolent and Protective Association, the Louisiana Thoroughbred Breeders Association, and the Jockeys' Guild. The only individual plaintiffs are five Louisiana-based “covered persons” under HISA rules, and only one, Gerard Melancon, is an active jockey.

The defendants consist of the HISA Authority, the FTC, and board members and overseers of both entities.

Notably, the FTC and its individually named defendants were not listed alongside the names of the HISA defendants who moved for the appeal, the stay, and the clarification in the July 29 filings.

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PDJF Awareness Day at Saratoga July 30

The riders competing at Saratoga Race Course will participate in a host of activities Saturday, July 30 to raise awareness and funding for the Permanently Disabled Jockeys Fund (PDJF).

Highlighting the day's events will be a special meet and greet and autograph session with riders from the Saratoga jockey colony, who will sign autographs on the Jockey Silks Room Porch from 11:30 a.m. to 12:30 p.m. Fans who make a donation to the PDJF will receive a commemorative poster.

This year, PDJF Day was selected to coincide with this week's National Disability Independence Day, which marks the 32nd anniversary of the passage of the Americans with Disabilities Act (ADA), passed by the U.S. Congress and signed into law by President George H.W. Bush in 1990

“We thank the many jockeys from Saratoga and around the country for supporting this effort to heighten awareness of the Americans with Disabilities Act and assist in raising funds for the PDJF,” said Terry Meyocks, President and Chief Executive Officer of The Jockeys' Guild and a member of the Board of Directors of the PDJF. “We also are immensely grateful to everyone who contributes financially to the PDJF.”

In conjunction with PDJF Day, the Permanently Disabled Jockeys' Fund will be featured at the Community Outreach Booth Saturday. The PDJF provides financial assistance to former jockeys who have suffered catastrophic on-track injuries. Since its founding in 2006, the fund has disbursed nearly $11 million dollars to permanently disabled jockeys.

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