NY Commission Inches Closer on Whip Reform

As New York remains well behind other racing states to pass rules on whipping reform, the Sep. 21 meeting of the New York State Gaming Commission marked the fourth consecutive session over a nine-month span that the commission again declined to take up any substantial action on the topic.

The NYSGC did, however, inch forward on the matter by declaring at the end of Monday’s 14-minute meeting that October would be the month in which it sought public commentary from stakeholders.

“I think we all agree that this is a matter that needs to be brought to closure sooner rather than later. Some of us contend that it’s been out there too long,” said NYSGC chairman Barry Sample. “The theme of the October meeting is going to be the crop.”

Commissioner Peter Moschetti agreed: “From my perspective, it is time to move on that issue.” He added that the NYSGC needs to consider “everything from an outright ban, as they did in New Jersey,” where whip use is only permitted in emergency safety situations, to the California, Kentucky, and Maryland models, which have variations about the number of allowable strikes and the manner in which they are delivered.

“I think the time has come. We want to do this. We’ve talked about doing this. Staff has done their work,” Moschetti said.

After soliciting the stakeholders’ commentary, the NYSGC would have to come back at a future meeting to vote on any proposed rule it might craft. If that rule passes the proposal stage, it must be published in the New York State Register and be sent out for a general public comment period. Then commissioners would then come back for a final vote, pushing any implementation into 2021.

The Jockeys’ Guild has largely opposed measures of whip reform that have surfaced in other states. The organization that represents riders across the continent has cited various objections, including concerns that safety would be compromised without whip usage and an argument that the sport’s regulators are waging a crackdown on public perceptions rather than reality. The Guild has also stressed the need for North American uniformity in whip regulation, a request that has not been met by the various state-by-state implementations of the new anti-whipping plans.

“I just ask that [stakeholder input] be done by the end of October. And if people are not available, they’re not available,” Moschetti said.

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New Jersey Commission Adopts Stricter Whip Rules: Prevents Use ‘Except For Reasons Of Safety’

On Wednesday, the New Jersey Racing Commission issued a strict new rule governing jockeys' use of the riding whip, according to the Daily Racing Form. Beginning in 2021, jockeys at Monmouth Park in Oceanport, NJ will not be allowed to use the whip “except for reasons of safety.”

The commission adopted the new rule unanimously, despite objections by The Jockeys' Guild. It is the strictest rule in the United States.

“The prohibition of the use of riding crops, except when necessary for the safety of horse or rider, will be perceived in a positive light by the general public,” said a statement from the NJRC. “The proposed repeal and new rules are of the utmost importance in adapting the industry to avoid the currently negative public perception of whipping a horse.”

Stewards will be in charge of determining whether jockeys used the whip to maintain control of the horse, and will be able to fine or suspend jockeys if they determine a jockey used the whip “to achieve a better placing.”

The rule continues: “If the riding crop is used, under the supervision of the stewards, there shall be a visual inspection of each horse following each race for evidence of excessive or brutal use of the riding crop.”

Specifications for the whip itself include that it must be “soft-padded [and] have a shaft and a soft tube,” that it does not exceed eight ounces in weight or 30 inches in length, and has a minimum shaft diameter of three-eighths of one inch. Additionally, “the shaft, beyond the grip, must be smooth, with no protrusions or raised surface, and covered by shock absorbing material that gives a compression factor of at least one millimeter throughout its circumference.”

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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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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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