KY Advances Whip Rule That Guild Believes Can Be North American Model

After nearly two years of negotiations and rewrites, the Kentucky Horse Racing Commission (KHRC) on Tuesday unanimously advanced a more humane whipping rule that The Jockeys' Guild is endorsing as a possible model regulation for all North American jurisdictions to follow.

The chief change sets a limit of six overhand hits per race with no more than two strikes in succession to give the horse a chance to respond.

Jennifer Wolsing, the general counsel for the KHRC, explained prior to the vote that if necessary, jockeys may also use the whip “in a backhanded or underhanded fashion from the three-eighths pole to the finish line, which does not count [against] the use of the crop six times in the overhand fashion.”

Tapping the horse on its shoulder with the whip in the down position (and with both hands holding the reins and touching the horse's neck) will also be permitted. Showing or waving the whip without contact to the horse is also allowable.

The wrist holding the whip, however, can never go “above helmet height” prior to a strike, Wolsing added.

Violators can be punished with either a $500 minimum fine or a three-day minimum suspension. If the stewards believe that the violation is egregious or intentional, they can impose both a fine and suspension.

The KHRC's Rules Committee had voted in this latest round of proposed changes on May 3 based on input from Guild members and executives.

“We feel that this rule is a fair compromise, and is in the best interest of our industry,” Terence Meyocks, the president and chief executive officer of the Guild, said after the vote.

Meyocks added that Kentucky's new rule could be the basis for a model whip rule that gets implemented throughout North America instead of relying on the current patchwork of differing jurisdictional standards.

Although no timetable for implementation was discussed during Tuesday's meeting, KHRC executive director Marc Guilfoil told TDN last month when the regulation advanced out of the rules committee that after passage by the full KHRC board, the measure next has to be approved by the state legislature, whose leaders have indicated support for the version the commission passed on Tuesday. Guilfoil had estimated that legislative process could take up to seven or eight months.

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Op/Ed: Guild Members: You Should Not Be Proud

Perhaps no collection of companies makes decisions based more on hard data, charts, statistics and actuarial tables then those that make up the insurance industry.

Non-smokers get better rates on health insurance.

Middle-aged drivers pay lower premiums than do those a generation or two younger.

Those driving in Los Angeles traffic pay more than those who live in rural areas of the country.

Apply for a term policy and the insurance company can list your premiums for the rest of your life. They know what the statistics show, based on your place of residence, family history, gender, age, health condition, etc.

Interested in long-term health care? Be ready for a question asking if you participate in such activities as bungee jumping, sky diving and/or, my favorite–heli skiing, which for the uninformed is off-trail, downhill skiing or snowboarding reached by helicopter instead of a ski lift.

One thing probably even riskier than heli skiing is being a Thoroughbred jockey. Every time a jockey gets a leg up on a mount, he or she knows the inherent risk involved in the vocation they have chosen.

Imagine being a jockey and speaking with an insurance agent about binding health or long-term coverage.

Which is why for years, members of the Jockeys' Guild have been provided access to policies for life insurance, temporary disability and accident, death and disability.

Yet, as reported by Bill Finley in the June 15 TDN, the Guild recently informed its members currently riding at Monmouth Park they would no longer be covered by the organization's policies.

Monmouth, as has been widely reported, is the first track, because of a directive from its state racing commission, whose jockey colony may carry a whip but not encourage its mounts with the stick.

As Finley noted, Guild management says it believes races at the New Jersey track are more dangerous with the new policy in effect.

“The increase of risk is thereby creating a greater exposure for the Jockeys' Guild and the benefits that we provide to our members who are riding under such regulation,” Guild president and CEO Terry Meyocks said in a letter sent to members.

Frankly, that is a bunch of crap. Bull crap, not horse crap.

The Guild has not seen the policy rates increase, nor has it been informed the rates will go up because of the new rule at Monmouth Park.

The track is only a few weeks into the meeting, as yet with no apparent increased risk to jockeys.

When respected trainer Jerry Hollendorfer was ridiculously singled out in California a few years ago for having a higher incidence of breakdowns, could the Guild have said any jockey who rides the horses he trains (at any track) would not be covered?

According to Meyocks' quote, riding those horses would cause an “increase of risk” and therefore “greater exposure for the Jockeys' Guild.”

Suppose over time we find a greater incidence of accidents in races where Lasix is not allowed. Would the Guild cover a rider should he be injured in an allowance race but not in a graded stakes–at the same track on the same day?

What if New Jersey is just the first state to enact regulations saying riders can carry a crop but not use it except in cases of extreme emergent circumstances?

Jockeys and their agents must constantly decide at which tracks they will accept mounts. Some riders, unhappy with the new policy at Monmouth, have elected not to spend their summer at the track. Others have accepted mounts and ridden without incident.

The Jockeys' Guild may certainly take a hard stance on its belief the riding crop aids riders and keeps them safer. But by playing politics the organization is forcing members riding at Monmouth to either bind their own coverage or ride without it.

Often the Guild steps in to lobby on behalf of members riding at a specific track or in a certain state.

In this case, however, the Guild is turning its back on members that have consciously decided to ply their trade at Monmouth Park.

At the conclusion of the Monmouth meeting, should the Guild's insurance carrier raise its rates based on “evidence” of an increased risk to jockeys, there may be reason for the organization to consider a discussion with its members.

It goes without saying that jockeys require insurance and the Guild's binding of coverage for members is an important, if not the most important, benefit of membership.

But if you are a jockey riding at Monmouth Park, we don't know yet if you are at an increased risk. Well not from the commission's policy. You are, however, from your brethren at the Guild.

Ride they say, but we won't cover your ass. We don't have your back.

If the Jockeys' Guild wants to file injunctions and/or lawsuits, testify before committees, threaten boycotts–go ahead. But pulling the rug out from members at Monmouth Park? Well on the litmus test for class, it doesn't go any lower.

If you are a jockey riding in another state, and a member of the Guild, are you proud of how your organization is treating the Monmouth jocks?

You shouldn't be.

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Guild to End Insurance Coverage for Monmouth Riders

In a June 7 letter, the Jockeys' Guild informed its membership that, starting July 1, Monmouth Park jockeys will no longer be covered by Guild insurance policies. The Guild has been providing temporary disability benefits, life insurance and Accident, Death and Disability benefits to those who have chosen to ride in New Jersey.

The Guild has been adamant in its belief that racing has become more dangerous at Monmouth Park because jockeys are no longer allowed to encourage their mounts with the use of the whip. In the June 7 letter, sent out to all Guild members, Guild President and CEO Terry Meyocks wrote that, “The increase of risk is thereby creating a greater exposure for the Jockeys' Guild and the benefits that we provide to our members who are riding under such regulation.”

Meyocks said that the cost of the insurance policies has, so far, not increased due to the whip regulations, but that the Guild's Board of Directors is concerned that the ban will eventually lead to higher rates.

Once the policies have been withdrawn, it appears that anyone riding at Monmouth will either have to take out insurance of their own or accept the risks that would come from riding without coverage. When asked if he expected that some riders would chose to leave Monmouth because of the insurance situation, Meyocks replied, “I have no idea. I really don't. All we have done all along is to just inform everybody.”

Dennis Drazin, who heads the management company that operates the racetrack, lashed out at the Guild Monday, calling the decision to withdraw the insurance a “cheap shot.”

“This is an uncalled-for reaction to a rule that the racing commission put into effect and now they want to punish their own jockeys because they are riding,” Drazin said. “It doesn't reflect well on the Jockeys' Guild. It is something they should not have done. Insurance companies don't cancel your coverage because of the racing commission putting in a regulation that the Guild has known about for two years.”

Drazin suggested that those who will continue to ride at Monmouth have the grounds for a lawsuit against the Guild.

“The comments I have heard are that some of the jocks are upset with the Guild and don't feel that they are representing them well,” Drazin said. “Now they decide that they're going to suspend the benefits that they provide to our jockeys. Frankly, if our jockeys wanted to, they have a very good lawsuit against the Guild.”

Meyocks said that Monmouth is on a list of tracks that do not make any financial contributions to the Guild's insurance policies.

Monmouth kicked off its 2021 meet May 28 with the strictest rules in the sport regarding whipping. The rules, put into effect by the New Jersey Racing Commission, allow jockeys to carry whips but they can only use them when they feel they are in an unsafe situation. At no point in a race can a jockey use the whip to encourage the horse. Jockeys Joe Bravo and Antonio Gallardo have refused to ride at the meet due to safety concerns, but Monmouth has had no problem finding enough jockeys willing to ride. Ten racing days into the meet, the racing has been conducted without any noticeable safety issues.

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Kentucky Committee, Jockeys Come Together On New Whip Rules

After discussions with the Thoroughbred Safety Coalition and The Jockeys' Guild, the rules committee of the Kentucky Horse Racing Commission unanimously passed changes to the state's whip rules on Monday afternoon.

The whip rule has been up for discussion for some time in Kentucky. In June 2020, a joint meeting of the rules committee and the safety and welfare committee brought forth proposed changes from the Thoroughbred Safety Coalition, an industry group that includes Churchill Downs and Keeneland. Those rules would have limited overhanded strikes to five in the stretch but permitted underhanded strikes at the start of a race. 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.

The Jockeys' Guild had pushed back on that proposal, requesting the maximum number of over-handed strikes increase to six. A subsequent committee meeting in September resulted in a move to focus sanctions on suspensions rather than fines for violations of the new rules.

On Monday, all parties expressed their support for the following:

  • A limit on overhanded strikes to a total of six prior to the 3/8 pole, while giving the horse a chance to respond after two strikes. Overhanded uses may not include the rider raising the whip above the helmet
  • Underhanded or backhanded use only in the final 3/8 of a mile
  • Showing the horse the whip or tapping the horse on the shoulder will remain acceptable if both hands are on the reins
  • Removal of the word “strike” to refer to the use of the whip in order to improve pubic perception
  • Stewards can impose either a $500 minimum fine or a three-day minimum suspension. If the violation is egregious and intentional, they could impose both. Mitigating factors could include the rider's history with whip violations, and the number and types of use beyond the above restrictions

Jockeys' Guild president and CEO Terry Meyocks said he is hopeful the same language will be taken to other members of the Thoroughbred Safety Coalition, which includes The Stronach Group, NYRA, and Del Mar, for use at those facilities.

“Having different rules in so many various states is not good for anybody,” said Meyocks. “Ideally, if the KHRC were to adopt this rule then we could work on a uniform rule throughout North America.”

“We're not going to let 'perfect' get in the way of 'really good,'” said Mike Ziegler, senior vice president and general manager of Churchill Downs and Coalition representative of the new draft of the rules.

There will be ample notice given to riders 30 to 60 days of the new rules being implemented to give them time to change their riding style before they could become subject to penalties.

KHRC executive director Marc Guilfoil noted the parties had received input from legislators, who had advised them that previous versions of the whip reform rules were not likely to pass. Meyocks said that he was advised the Guild would need to be willing to compromise to find a rule that would be approved.

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