HISA Calls For Horsemen’s Support: ‘The Future Of The Sport Depends On It’s Evolution’

The Horseracing Integrity and Safety Authority, or HISA, was created by Congress in 2020 to implement, for the first time, uniform nationwide safety and integrity rules to govern Thoroughbred racing in America. It represents a once-in-a-lifetime opportunity to reform a sport that in recent years has seen criminal conduct at its highest levels and welfare concerns about horse and rider safety that have raised questions about its viability.

Some horsemen have recently expressed a desire to scrap the substantial progress made over the last two years and start from scratch on safety and integrity reform. But after failing for decades to create uniform standards, we've finally made real progress and have momentum. In fact, early indications suggest that racing is already getting safer for horses. Starting over would be to risk losing all of that.

Unfortunately, there has been a great deal of misinformation being shared about HISA's rules, including in a recent letter issued by the Horsemen's Benevolent and Protective Association (HBPA). As Chair of HISA's Board of Directors, and someone who has previously been involved in transformational reform efforts in other sports, I'm pleased to have this opportunity to set the record straight.

1. HISA's drug testing program will protect good-faith horsemen.

HISA's draft Anti-Doping and Medication Control (ADMC) rules do exactly what the HBPA's letter claims horsemen want them to do: establish entirely separate categories for permitted substances (i.e. Controlled Medications) that are allowed outside of the racing period and doping substances (i.e. Banned Substances) that should never be in a horse. The rationale is to severely penalize those who use Banned Substances, while being sensible and proportionate when it comes to accidental medication overages – and to prioritize clear, transparent, and fair due processes in either case.  HISA also provides those charged with a chance to tell their side of the story via hearings and multiple appeal rights. The HISA policy is built to catch cheaters, not to victimize good-faith horsemen.

Additionally, for the first time ever, labs across the country will be testing for the exact same substances at the exact same levels. HISA's testing program will only report positives that have the potential to impact the horse's system. Rumors that insignificant picograms or environmental contaminants will always result in a positive test under HISA's rules are entirely untrue.

The type of drug abuse we are trying to eliminate was on full display when more than two dozen arrests were made in 2020. It took outside investigators and the FBI to catch those cheaters because racing's outdated state-by-state system was unable to do so. HISA will change this.

2. HISA's rules specifically seek to protect small racetracks and racing jurisdictions.

The HBPA's letter erroneously implies that costs associated with HISA could lead to the demise of small racetracks. On the contrary, HISA's rules specifically take small racetracks' challenges into account by requiring those with higher purses to contribute more financially than those with lower purses.

3. HISA has consistently sought feedback from horsemen across the country and continues to do so.

All horsemen's groups — including the HBPA — received drafts of all proposed rules and had the opportunity to comment on them before they were submitted to the Federal Trade Commission. In fact, horsemen's groups did submit feedback, much of which was then incorporated into the draft rules. HISA continues to seek feedback – formally and informally, including via our Horsemen's Advisory Group, made up of trainers, owners, veterinarians and farriers from across the country.

Where issues around HISA's rules have arisen, we have consistently engaged with racing participants to remedy them. HISA's shoeing rule changed this past summer based on industry feedback, and we are currently working closely with the Jockey's Guild on possible revisions to HISA's crop rule.

Getting a federal law passed was a monumental accomplishment, and the progress and momentum since then has been astounding. Thoroughbred racing must take advantage of this moment. Change can be uncomfortable and often comes with growing pains, but the future of the sport depends on its evolution. Let's find the courage to do this together.

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Letters To The Editor: Speaking Out On Behalf Of HISA And The Need For Change

After practicing on the racetrack for some 30-plus years and then being involved with regulations for the next 10 years, I see no other alternative than the Horseracing Integrity and Safety Authority. 

The Horsemen's Benevolent and Protective Association and Association of Racing Commissioners International (both which I addressed the need for uniformity and stricter medication rules) have not been supportive of needed changes. 

HBPA members think they know more about medication than regulatory veterinarians and ARCI has never been able to get uniformity in anything. 

I have witnessed the decline of our sport over the last two to three decades and have a real concern about its future.

Tom V. David, DVM
Metairie, LA

I must say that as much as I respect Wesley Ward and Larry Rivelli as horsemen and good human beings, it's absolutely ludicrous to believe that any horsemen's group will ever push for meaningful change in regulations of horse racing. (See Open Letter to Industry from Ward and Rivelli)

As the past chairman of the Association of Racing Commissioners International,  I have dealt with trainer groups threatening to withhold simulcasting rights and rallying the troops when any meaningful change is proposed. 

I'm sure you remember the trainers being up in arms when 2-year-olds had to race without Lasix in the 2013 Breeders Cup in California.

When trainers talk transparency I can't help but smile and roll my eyes because they have always fought any transparency when it comes to veterinary records and changes in drug rules. 

Willie Koester
Cincinnati, Ohio

I am not a Thoroughbred owner or trainer, nor am I personally involved with the sport except as a fan and a lover of all horses. 

I became more aware of how the Thoroughbred racing athletes' welfare was not actively monitored until animal rights activists called public attention to it in California as a result of many deaths in 2019. It became obvious that something needed to be done. 

According to articles I read in the New York Times, it seems a lot of key people knew there were issues that needed to be addressed, but money and politics took precedent until the public became outraged.

Recent reporting of much pushback from certain states against national safety and integrity regulations is depressing. I would think anyone interested in keeping the sport alive would welcome the changes.

I may not know the whole story, and at this point it doesn't matter. What is evident to me is a glaring lack of concern for the athletes. 

I am curious why seven states are opposed to Sen. Mitch McConnell's trying to fix the original bill that would make the Horseracing Integrity and Safety Act no longer unconstitutional. 

Especially after I read the letter from the various state attorneys generals, it appears that these states' concern has more to do with money (wrapped up in stating constitutional rights for the states and people) than for the integrity of the sport and the well-being of the athlete (the horse).  

I see no concern expressed about the true athlete that has no voice: the amazing American Thoroughbred. 

I cannot continue to watch or attend the races with a clear conscience unless safeguards in HISA are effectively implemented. The industry needs to realize it is not going to get a younger generation interested. The younger generation is keenly aware of any animal abuse and will not support this sport. 

Carol Selvaggio BSN RN


If you would like to submit a letter to the editor, please write to info at paulickreport.com and include contact information where you may be reached if editorial staff have any questions.

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Horsemen’s Open Letter To Industry: ‘We’ll Push For Positive Change; Flawed HISA Is Not Answer’

The National HBPA was approached by trainers Wesley Ward and Larry Rivelli to help facilitate this open letter to the industry. While this is being distributed by the National HBPA, which also assisted in putting the letter together, the sentiments are those of trainers Wesley Ward, Larry Rivelli and the undersigned horsemen and racing participants. They encourage others who agree with this letter to add their name by using the link here and below. More than 400 have signed up in 24 hours just from word of mouth. Because of time constraints, not all the names have been uploaded to the document (linked to here and elsewhere) – but they will be.

We, the undersigned, commit to being part of the solution in making the industry we love better, safer and improved for the three entities that make it all possible: horseplayers, horse owners and especially the horses.

In that regard, we believe the Horse Racing Integrity & Safety Act and the private Authority to which it delegates governmental powers has too many flaws, missteps and costs that could have been averted with true inclusion and transparency in its development.

Time and time again over the last several years, trainers have been asked to change. When those changes were for the good of the horse and the industry, we changed and adapted without any questioning. We now need to rally together for additional true, positive and lasting change for the good then we are ready to do just that.

However, meaningful change cannot be accomplished until the leadership of all stakeholders have real representation at the table — and from the beginning. That includes the National HBPA, America's largest organization representing Thoroughbred owners and trainers; the Association of Racing Commissioners International, whose years of hard work on model rules should be the starting point rather than largely ignored; the racetrack veterinarians, and the Jockeys' Guild.

We have the opportunity now to get this right, with the 5th Circuit Court of Appeals unanimously ruling HISA unconstitutional and the Federal Trade Commission declining to approve HISA's drug and medication rules that were to go into effect Jan. 1.

HISA is a wake-up call for the hard work of transformative change, though it is unfair to say there has been no change over the past couple of decades. There is far more uniformity than differences among racing jurisdictions.

Horsemen, including the National HBPA and its affiliates, have championed uniform rules based on science for years. Change in horse racing has come rapidly when it makes sense and truly is for the better of the industry. How quickly did it take us to get rid of anabolic steroids? Very.

We know horsemen can no longer sit on the sidelines, as many have done in the past, to now get this done right. We need to speak up, because we are experiencing the consequences when we do not.

We are extremely concerned about the price tag of HISA threatening to put small tracks and small stables out of business because, simply put, they cannot afford the cost. Horse racing cannot survive on only the largest circuits and with only the largest stables. We need venues for all classes of horses and all sizes of stables in order to support a healthy, sustainable Thoroughbred industry.

Small tracks and stables are a vital part of American racing's fabric, developing race fans and generations of future horsemen, and should not be considered as simply collateral damage.

Among other things we believe should be part of the dialogue as we work together:

  • There must be transparency and representation in both developing and executing the rules.
  • We, too, want stiff penalties for those succeeding in or attempting to circumvent the rules. But we also believe in due process.
  • Drug and medication policies that reflect the world in which we live, including the reality of environmental transfer and contamination of impermissible substances in trace levels that don't impact a horse's performance. We need to take a page from human testing, with reasonable, science-based screening levels.
  • “Gotcha” chemistry — finding a substance in single-digit picograms (parts per trillion) because today's advance testing can — that ensnares innocent parties is not helpful. One source of any negative public perception of racing is because some in leadership have conflated beneficial therapeutic medications with illegal drugs.
  • Horsemen and jockeys must have more say in developing safety rules, including crop regulations. While science is important, racing will only benefit from policies that allow for input from horsemen and veterinarians in the trenches.
  • We don't need cost-prohibitive government overreach with burdensome paperwork that takes away from what should be our main focus: our horses.

We, the undersigned, are committing today to push our fellow horsemen, racetracks and racing regulators to unite for positive, inclusive change. We've gotten our wake-up call. We look forward to working with the other stakeholders in our great industry for change done right.

More than 400 trainers, owners and interested persons have signed

Add your voice to the letter here

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Voss: Arizona Officials Don’t Give A Damn About Protecting Claiming Horses

Sometime last week, a group of signs were printed out and taped to doors at the racing office and onto the claim box at Turf Paradise.

“CLAIMS CANNOT AND WILL NOT BE VOIDED,” several read.

One reprinted the state statute language regarding claims, leaving no doubt at all about the policy.

“A claimed horse shall race for the account of the horse's original owner but title to the horse shall transfer to the claimant when the horse becomes a starting horse. After title to the horse transfers to the claimant, the claimant becomes the owner of the horse regardless of whether it is alive or dead, sound or unsound, or injured before, during, or after the claiming race.”

The signs were posted by Racing Division staff, though a spokesman for the Arizona Department of Gaming did not provide an explanation of what prompted them to reiterate the rule at this particular moment.

The void claim rule has been a point of discussion in Arizona for many years now. Most recently it's been brought up in context of the Horseracing Integrity and Safety Authority. Part of the Authority's racetrack safety regulations is a void claim rule, nationalizing something that many states have been doing for years. The national void claim rule voids the claim of a horse who dies or is euthanized on track, is vanned off, is determined within one hour of the race to be lame or to have bled, or has a positive test for a prohibited substance. (Most states didn't previously void claims for bleeding or post-race medication positives, but did if a horse dies, is vanned off, or is put on a veterinarian's list for unsoundness immediately after the race.)

This isn't a controversial concept for most people in the racing industry. The goal is to reduce the incentive for bad actors to drop horses they know are lame into cheap races where an unsuspecting colleague may claim them, thinking they're getting a bargain. It's also a pretty basic attempt at improving safety for jockeys; if a trainer can no longer get a sore poor performer off his books by running it in a race, then a jockey won't be on a compromised horse at elevated risk of breakdown. A void claim rule can help improve trainers' confidence when dropping a claim, which should reduce a barrier to commerce. It should also improve horseplayers' confidence, because if a trainer has a reduced incentive to enter a sore loser, it's less likely a bettor will unknowingly put money on one.

Do I need to point out that anything that reduces on-track injury in this, the year 2022, is a good thing for horse racing in general?

Apparently I do, because this is Arizona, and from where I'm sitting 1,800 miles away, no one in a position of power gives a damn about protecting claiming horses there.

I'll tell you what they do give a damn about, though. Asserting their independence against the new Authority.

Arizona is, to my knowledge, the only state that has so far been cited by the Authority for unvoiding a voided claim under the national rules. On July 23, a horse named Ag Minister cooled out lame in the test barn, so the Authority steward on duty at Arizona Downs began the process of voiding the claim. He was notified by chief state steward Jason Hart that the claim would not be voided, under orders of his supervisors at the commission.

As of Dec. 14, Ag Minister has neither raced nor recorded a workout since being claimed by Justin Evans from that July 23 race.

Read more about the unvoided void here.

 

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Arizona is one of a number of states whose HBPA affiliate has gone to court to contest the constitutionality of the Authority. I don't pretend to have an opinion on the Authority's constitutionality, and I also don't pretend that I have zero concerns about the complexities of trying to create a central authority from scratch. But let's be honest – constitutionality isn't really what upsets racing participants in Arizona, is it?

I saw a Facebook post from an Arizona racing participant praising the legal blow dealt to the Authority by the Fifth Circuit Court of Appeals, which found the law creating HISA unconstitutional. Lots of people on social media celebrated the setback for a lot of different reasons, some of which I understand. But this one, coming from this state, killed me.

“Awesome! We don't need anyone else telling us how to run racing in Arizona!” was the gist.

Ask Creative Plan how he feels about the job Arizona has been doing on its own.

The 5-year-old gelding by Creative Cause died in February this year, weeks after his last race at Turf Paradise, where he exited a claiming race unsound. Veterinarians who examined him afterwards uncovered multiple serious chronic issues, and the trainer who claimed the gelding (and of course was stuck with him) said the horse was entered in his last race in some condition of soreness, according to his communication with the previous conditioner. After weeks of walking on two front legs with serious damage, he was euthanized with swollen, misshapen fetlocks whose suspensory ligaments had given way, dropping his ankles toward the dirt. Every step he took would have brought extreme pain.

It's hard to know, but a void claim rule may have disincentivized Creative Plan's last trainer from entering him, knowing that not only had the horse not been competitive since August 2021, but he also had no chance at getting paid to empty out the stall.

Oh, but take heart – the commission tells me that they have, as of Dec. 1, 2022, submitted a noticed of proposed rulemaking to the Arizona Secretary of State, the first in a multi-step process to possibly get a void claim rule of some kind on the books…eventually.

(I asked for a copy of the draft rule language and was told it would be available on the commission's website “soon.”)

A former commissioner told me that he first began formally calling for a void claim rule in the state in 2019 and was repeatedly told that it wasn't possible to do any new rulemaking through the governor's office. In Arizona, the state legislature could, however, have passed a rule change if the commission or another interest group had brought them one. No one did.

Back in 2019, Turf Paradise, to its credit, created a house rule to void claims. But when trainer Robert Lucas tried to invoke the rule after claiming a lame horse, state stewards told him the track's rule conflicted with the state statute and as such was unenforceable. Turf Paradise dropped the rule, realizing it had no teeth, and everything continued as it always had.

Void claim rules first went into effect in California (just west of Arizona but really a whole other world) more than a decade ago. Data from the Equine Injury Database supports the assertion that void claim rules make racing safer and has done so since 2019. It's hard to imagine that after so many years of stuffing its fingers in its ears, the commission is honestly going to make this change on its own, but heaven forbid a national law drag it into the modern era.

Of course, it looks like that won't happen now. The Authority is fighting challenges on all sides, thanks in part to groups like the horsemen of Arizona. It sounds like they couldn't be more thrilled.

So keep your independence, folks. And god help your horses.

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