Tag: The Paddock

The Thoroughbred Horsemen's Association published the following “Open Letter On HISA (Horseracing Integrity and Safety Authority) on Aug. 30, 2022:

HISA launched almost two months ago and on Tuesday there will be another hearing in Louisiana concerning its operating status. The THA, along with our colleagues at TOC, KTA and TOBA, have been engaged directly with HISA to create a responsive regulatory structure that is built upon our current industry best practices.

Two federal suits (one in Texas by the National HBPA and one in Kentucky by the states of Oklahoma, West Virginia and Louisiana) have been filed by various Plaintiffs alleging that the HISA statute is unconstitutional. Specifically, that it impermissibly pre-empts State regulation of horse racing. In both cases, the plaintiffs sought injunctions to stop HISA before its July 1 start-up date and prevent it from enforcing its law until its constitutionality was finally determined by the courts. In both cases, the injunctions were denied.

A third suit was recently filed in Louisiana by the Louisiana HBPA, West Virginia HBPA, the Jockey's Guild, the states of Oklahoma and West Virginia and others. Rather than challenge the constitutionality of HISA, this suit took issue with more than thirty specific regulations adopted by HISA, including challenges to the assessment formula, the definition of “covered horse”, the search and seizure regulation and the length of the comment period that the FTC used to finalize the Safety Program, Assessment Formula and Registration regulations.

Of the numerous regulatory challenges, the Court rejected all but four. With respect to those four issues only, the court concluded that it would enjoin enforcement of HISA as to Louisiana and West Virginia only until those four perceived errors were fixed. An appeal was immediately filed by the United States Department of Justice, and the appellate court stopped the injunction and has ordered that HISA remain in effect in Louisiana and West Virginia and as to the Plaintiffs, until further order of the court. Today's hearing directly concerns these four issues.

Let's Look At The Four Issues:

COMMENT PERIOD – The Justice Department strongly believes that the court erred in its interpretation of the appropriate comment period for the adoption of regulations. However, if the appeal on this issue fails, there is an easy remedy for HISA to pursue – republish and readopt the regulations in what is determined to be the appropriate publication and comment period..

COVERED HORSE – HISA agrees that the definition of “covered horse” in the regulations is incorrect, and they have already moved to fix that definition. It awaits final FTC approval.

SEARCH AND SEIZURE – The THA very forcefully objected to HISA's proposed regulation both with HISA and the FTC. At a Maryland THA Zoom meeting in June, HISA informed the attendees that it had already recommended the necessary changes to the FTC for approval. We are awaiting final FTC approval. The amended regulation will be consistent with current longstanding industry practice. HISA has also indicated publicly that they have no intention of searching private farms or property beyond the jurisdiction of racing commissions. Accordingly, this perceived error has been cured.

ASSESSMENT FORMULA – This is one area that we believe HISA is going to have to change. As you may recall, the THA and its partner organizations vigorously objected to HISA's assessment formula because it was based, in part, on purses, which is not provided for in the statute. It is interesting that the federal court essentially mirrored our argument to HISA and the FTC and agreed that the statutory formula does not include purses in the calculation. Ironically, Louisiana and West Virginia were the biggest beneficiaries of the funding formula that they challenged and are likely facing higher payments. We continually urge HISA to drop the purse calculation from the formula and let these states pay their fair share.

What Does This All Mean?

In short, HISA has survived constitutional challenges and the legal maneuverings now are just a distraction lacking substance. As the federal court said when it granted the limited injunction, if HISA fixes the four issues it specifically addressed as faulty, the case is over. Our view was previously, and continues to be, that litigation would be costly and there is little to gain. HISA was crafted by constitutional and administrative law experts who strongly believed then, and now, that HISA would survive expected constitutional challenges.

What Is Our Horsemen's Coalition Doing?

The best course for our horsemen is to engage with HISA directly and frequently. It is our strong opinion that HISA will survive all constitutional challenges and be accepted as the regulatory authority on medication, and equine safety and welfare throughout the country. We are not inclined to spend horsemen's money or time on a lost cause. Furthermore, we believe our efforts are working. The THA, along with TOC, KTA and TOBA have been in constant communication with HISA and the FTC since day one. We sought and have actually received significant adjustments to the following rules:

• Pin-firing remains acceptable for curbs and splints.
• Rule 8400(1)(a), the search and seizure provision, has been significantly curtailed.
• Toe grabs remain permissible on hind shoes.
• While the medication and enforcement rules are not done yet, our initial comment to HISA was widely praised as targeted and responsible and dozens of changes have been made by HISA at our suggestion.
• Just yesterday, HISA announced it is forming a Horsemen's Advisory Group, a glaring oversight, but one we are pleased they corrected.

In no way does this mean our work is done! In particular, the THA and our coalition partners are focused on making sure the assessment plan is fair and affordable for all of our jurisdictions. We intend to forcefully and responsibly protect the interests of our horsemen on all matters related to HISA. You should expect nothing less from us. We believe our approach has not only been in the best interests of our membership but that we have earned the respect, credibility and trust of HISA. It is better for our members to have a seat at the table rather than being relegated to the upper bleachers.

Resoundingly our members have been telling us that long-sought uniformity is the one aspect they will enjoy from HISA. Achieving uniformity is not easy and compromises are often necessary. We promise you that working with HISA, we will do the best we can for the horse, our members, and our sport. Knowing that HISA is a reality and will be regulating our sport in the future, we hope we have your support and thank those who have reached out to us already in appreciation of what we are doing to allow for a smooth transition.

The post Thoroughbred Horsemen’s Association: HISA Lawsuits ‘A Distraction Lacking Substance’ appeared first on Horse Racing News | Paulick Report.

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It's been a couple of weeks since this year's edition of the Jockey Club Round Table, but I still find myself thinking back to one of the shorter presentations. My colleagues and I focused most of our coverage on the discussions of the Horseracing Integrity and Safety Authority and a presentation on whip rules, but the one I keep thinking about was given by Shannon Kelly.

Kelly is the executive director of The Jockey Club Safety Net Foundation. I've written about the organization and its work before, and usually hear about it in the context of assisting a backstretch worker or jockey in the face of a big, unexpected crisis, usually a medical issue or injury.

(You can read our previous reporting on the Safety Net Foundation here.)

It says something disturbing about the state of healthcare in this country that I never thought it odd that the Safety Net may be needed to help someone combat sudden, enormous medical bills. (But that's a topic for a different website, and a different writer.) What did surprise me though, was Kelly's report that the Foundation has been called upon for much more basic needs.

“Quite regularly we receive calls for help with filling a food pantry for the backstretch workers,” said Kelly at the Round Table. “This assistance does not come in form of a few cans of soup. We are allocating tens of thousands of dollars for food pantries. What does that tell us? That tells us that our workforce on our own backstretches are unable to satisfy this basic human need. The people who feed our precious equine athletes cannot feed themselves.”

Then there was the case of the groom who could not spare the $42 it would cost her to get fingerprinted for a license renewal. Another groom had open heart surgery and needed help because he did not have a “safe and clean place to live” while he recovered, to the point his doctor was concerned that upon leaving the hospital he would incur infection.

I've heard about different organizations providing food baskets around holidays, and probably vaguely assumed this was an extension of the same tradition carried on by benevolent employers decades ago, born more of seasonal spirit than actual need. More recently though I've become aware of other food bank efforts for farm workers in addition to those on the backstretch, based in everyday needs.

Are there really workers in our industry being paid so poorly they can't afford to feed themselves?

Kelly says it's unclear whether the issue is that pay is inadequate, but it's clear that people do need help.

The need definitely grew during the height of the COVID-19 pandemic, but she says there are basic limitations many backstretch workers face that were not tied to that event. Those who live in dormitories don't have access to a kitchen where they could cook fresh food, and hot plates aren't permitted in multi-unit housing. Many also do not have cars that would allow them to get off-site for a grocery run (or for medical care, pharmaceuticals, etc.), even if they did have somewhere to cook. That means, if you live at the track, you're reliant on the track kitchen and while the food there is cheaper than many restaurants outside the track, it's still more expensive than eating in.

Workers who live off-site do so with the trade-off of having to pay rent, which many in the dorms do not, and that may be putting a financial squeeze on them.

Of course, Kelly said, many immigrant workers are sending a chunk of their income home. And while it's easy to think that any lack of funds on their part is optional, she reminded me that many of them may be the only breadwinner in their families, just as they would be if they worked closer to home. The financial demand on them is no less just because they're working away from home; if anything, it's probably greater.

My job gives me some insight into how I think the general public looks at different issues in horse racing and I have to tell you, the notion that the people who care for million-dollar animals must rely on a food bank would not go over well if it entered the mainstream consciousness. Remember the outrage that followed a 2018 New York Times story criticizing living conditions at Belmont Park? Racing is in a less tenable position with the public now than it was then, given the animal welfare concerns we've battled in the years since. And while the distaste of the public for what they may see as exploitation of animals has grown and evolved rapidly in the past few years, the distaste for exploiting vulnerable workers has been around a lot longer and has deeper roots.

Kelly was careful to tell me she didn't want to point fingers. Many owners and trainers do pay staff very well (increasingly so, now that it's getting harder to find workers) and are happy to help out when they know an employee is struggling. NYRA in particular has been working on a project to overhaul dorms on its campuses since 2013 when John Hendrickson expressed concerns about them.

And, more importantly, we don't know where to point those fingers. The most helpful thing the industry can do for its backstretch workers now, Kelly believes, is to organize a national survey to learn what workers are paid, and what their costs are. We don't know what the needs are for workers in different parts of the country; we don't know what they're paid, on average; we don't know where their financial stresses come from. This is further complicated by the fact that many are afraid to speak up, not wanting to be seen as causing trouble for their employers.

Until we know more about the issue, the Safety Net will be there, as it has been since 1943, ready to catch anyone who require its help. If we want the sport to thrive though, we need to find ways to reduce the number of people who need it.

The post Voss: Equine Caretakers Shouldn’t Need A Safety Net; We Need To Understand Why They’re Falling Through The Cracks appeared first on Horse Racing News | Paulick Report.

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