Multiple Moving Parts in Monarch, AZ Simulcasting Morass

For over two years, the simulcasting signal from 1/ST-operated racetracks, along with several others around the country, has been missing in Arizona–the residual fall-out from a long-simmering dispute between the owners of Arizona Downs and the arm of The Stronach Group (TSG) tasked with distributing the company's signal.

In both California and Arizona, stakeholders argue that this simulcasting blackout has hit both the bettors and the industry–by how much appears open to debate.

A recent analysis by the Arizona Horseman's Benevolent & Protective Association (AZHBPA) of the projected lost revenue to California purses between 2020 and 2021 pinned the number at more than $1,1 million, and another nearly $900,000 in lost track commissions.

The estimated loss to Turf Paradise alone between the years 2021 and 2022 amounts to more than $1 million, said Vince Francia, general manager of Turf Paradise. For Arizona Downs, however, the impact has been “negligible,” say track operators.

Scott Daruty, president of TSG's Monarch Content Management, also downplays the impact of the hamstrung signal to Monarch's bottom-line, saying that the resulting lost fees is only a fraction of Monarch's total business. He also disputes the AZHBPA's projected losses to the California purse account.

Monarch's umbrella extends over several California tracks–including Santa Anita Park, Del Mar, Golden Gate Fields and Sonoma County Fair–as well as Turf Paradise, Lone Star Park, Gulfstream Park, Laurel Park, Pimlico, Rosecroft Raceway, Monmouth Park, and Meadowlands.

Against the backdrop of this ongoing dispute, there are indications that 1/ST is eyeing potential inroads into the Arizona marketplace.

Within recent months, representatives of 1/ST have visited Turf Paradise with the intention of possibly purchasing the facility, said Francia. AZHBPA executive director, Leroy Gessman, said that 1/ST recently did the same at Arizona Downs.

According to two sources familiar with the situation, 1/ST has made a thus far unsuccessful bid to purchase Arizona Downs.

Daruty declined to comment whether 1/ST has indeed made any formal bid to purchase Arizona Downs but called the Arizona marketplace “one that appears to have potential.”

 

 “At that point, you're negotiating with a terrorist, right?”

The genesis of this rather convoluted simulcasting dispute goes back years.

In summary, when Arizona Downs reopened for live racing in 2019, Monarch sent its signal to the track itself but not to the track's network of Off-Track Betting parlors (OTB), and at a higher rate than its Arizonan neighbor, Turf Paradise.

In contrast, Monarch distributed its signal to Turf Paradise and its network of some 60 OTB's.

When asked about the contracting disparities between both Arizonan tracks, Daruty said at the time that Arizona Downs had been “consistently delinquent in its payments to our racetracks.”

In an effort to resolve industry stakeholder disgruntlement, the state passed in 2019 a law requiring all simulcast providers that send their races into Arizona to offer the products uniformly among all tracks and all their OTBs.

The following January, the Arizona Racing Commission passed a motion requiring the three racetracks in the state–Turf Paradise, Arizona Downs and Rillito Park–to comply with that law.

The commission also sent a letter to Monarch to “stop sending any simulcast signals to Arizona permittees racetracks and/or their additional wagering facilities.”

To all intents and purposes and despite various legal maneuverings in the interim, that state of affairs has remained, and Monarch has not beamed its signal into Arizona since.

At the start of Santa Anita's most recent winter meet, Monarch approached the operators of Arizona Downs with an offer of all Monarch content to the entire Arizona marketplace, including to Arizona Downs' network of OTBs, said Daruty.

According to Daruty, the operators of Arizona Downs made several unilateral modifications to the contract which were unacceptable. They included reducing the fees paid to Monarch tracks below the previously contracted rate between them, and a requirement for Monarch to “pre-approve” new simulcast locations without the ability to conduct legal and regulatory due diligence, said Daruty.

“At that point, you're negotiating with a terrorist, right?” said Daruty, once again raising Arizona Downs' reported history of delinquent payments.

“We can't abandon our principles and abandon our reasoned business approach to distributing our signals,” Daruty added.

Detailing a back-and-forth process of negotiations, Tom Auther, an Arizona Downs owner and partner, said that Monarch initially offered Arizona Downs a contract with non co-mingled pools–what he described as an immediate non-starter–and then an offer charging the track overall as much as twice what Turf Paradise was paying.

Monarch subsequently declined Arizona Downs' counter-offer, which was to pay Monarch 20% more in fees than Turf Paradise, said Auther.

“Twenty percent's still a lot of money,” Auther said. “If we paid what they want us to pay, the horsemen would not approve it because there'd be no money left–only three percent left in horse purses.”

When asked about Arizona Downs' reported history of defaults, Auther said that they had offered Monarch to escrow an adequate amount of money to offset the anticipated costs. “They refused it,” said Auther.

In an effort to understand the impact from the nixed signal into Arizona on California's horsemen, the Arizona HBPA contracted the firm Global Racing Solutions–founded and operated by Pat Cummings–to run the numbers.

According to GRS' calculations, California horsemen lost $1,115,000 in purse contributions between 2020 and 2021, and California track operators missed more than $877,000 in commissions during that same period.

To put that into perspective, California's purse total in 2021 was some $118 million.

TDN reached out to Thoroughbred Owners of California (TOC), who declined to comment.

As for Monarch, when they last ran the numbers, “the host fees that the Monarch tracks received out of the state of Arizona were less than one percent of the total host fees received by the Monarch tracks,” Daruty said. “It just doesn't move the needle for us.”

Daruty also said that the AZHBPA's projected California purse loss numbers were over-estimated, though added that Monarch hadn't run their own calculations.

And what of the potential impacts on the Arizona tracks? Again, there are mixed-signals.

Between 2021 and 2022, Turf Paradise lost an estimated $1,011,317 due to the missing Monarch signal, the estimated loss to the purse account was $944,915, and the estimated loss to the Regulatory Wagering Assessment (RWA)–a wagering tax used to fund the state racing department–was $61,139, according to Francia's calculations.

Auther, however, shared handle numbers with the TDN–taken, he said, from the state commission's website–comparing the year 2021 with 2018, when Turf Paradise received the Monarch signal.

According to Author's numbers, Turf Paradise lost in 2021 more than $8 million in overall handle compared to 2018. Turf Paradise operated in 2021 with 13 fewer OTBs than in 2018, however, and those OTBs were closed for 1038 days more than in 2018, according to Auther's calculations.

Auther also estimated that the annual hit to Arizona Downs' business without Monarch has been negligible. “It exists,” said Auther, about the loss. Horseplayers, however, have simply adjusted their betting patterns to other available options, he said, adding that the loss of the Monarch product to Arizona Downs was one of quality rather than numbers.

More broadly, Arizona HBPA president Bob Hutton broached what he sees as some of the more deeply felt impacts to the state's racing industry.

“With the state of racing the way it is, when we're trying to get fans to the sport, why is this good?” said Hutton, critical of Monarch's part in the negotiations. “This is costing horsemen all over the country money, and why? I don't get it.”

Turf Paradise, it should be noted, has been for sale since at least 2020.

According to Francia, 1/ST representatives recently toured the track with a potential eye to purchase the facility. “They have not made an offer but they have looked at the track,” he said.

According to Gessman, representatives from 1/ST have similarly toured Arizona Downs, adding that he was present at the visit.

According to two sources who wished to remain anonymous, 1/ST made the owners of Arizona Downs an offer for the facility which was subsequently declined.

Both Auther and Daruty refused to comment on any possible offer that 1/ST has made for Arizona Downs.

Though calling the Arizona marketplace one with potential, Daruty added that “I think all the infighting and frankly some of the regulatory dysfunction has just left it in a place that's not healthy.”

The post Multiple Moving Parts in Monarch, AZ Simulcasting Morass appeared first on TDN | Thoroughbred Daily News | Horse Racing News, Results and Video | Thoroughbred Breeding and Auctions.

Source of original post

Hollendorfer, Stronach Group Reach Legal Settlement

Trainer Jerry Hollendorfer and The Stronach Group (TSG)-controlled subsidiary owners of Santa Anita Park and Golden Gate Fields have reached a settlement in the legal disputes that have been ongoing since 2019, according to notice of settlement court filings dated Wednesday.

The details of the settlement were not disclosed in the notices, however. It's currently unknown, therefore, if the terms include any remuneration, for example.

It's similarly unknown if the settlement terms open the door to the possibility of Hollendorfer once again training and racing at TSG-owned facilities.

TDN reached out to Hollendorfer's attorney, Drew Couto. There is “nothing I can share,” Couto said. “Everything is confidential.”

Attorney Richard Specter, representing TSG, did not respond before publication to an emailed request for comment.

This settlement doesn't draw to an end Hollendorfer's legal wranglings.

The trainer is also engaged in ongoing litigation against the California Horse Racing Board (CHRB) and the Del Mar Thoroughbred Club (DMTC). These cases are being heard in the Superior Court of San Diego County.

TSG banished Hollendorfer from its facilities after four of the trainer's horses were catastrophically injured during Santa Anita's ill-fated 2018-2019 winter/spring meet, when the track experienced a well-publicized spike in equine fatalities during an unusually wet spell.

The trainer subsequently launched legal actions in Alameda County Superior Court against the Pacific Racing Association, the corporate operators of Golden Gate Fields, in August of 2019.

Hollendorfer sued the Los Angeles Turf Club, TSG's subsidiary owners of Santa Anita, in September of 2019. This lawsuit concerned seven causes of action.

A bifurcated non-jury trial was conducted in the LA County Superior Court between April 4 and April 6 of this year, focused on a single declaratory relief cause of action, encompassing the proper legal interpretation of the race-meet contract between the California Thoroughbred Trainers (CTT) and Santa Anita.

In his ruling, judge Maurice Leiter found that Hollendorfer had no standing as a third-party beneficiary to seek a legal declaration of his rights under the race-meet contract in effect when he was barred from all TSG-owned facilities in June of 2019. Only the CTT could pursue these rights under that race-meet agreement on the trainer's behalf, the judge decided.

TSG's actions in 2019 appear to have led to a marked reversal of fortunes for the former numerical powerhouse trainer.

According to Equibase, Hollendorfer trained 35 winners and earned $1,619,956 in prize money last year. In 2018, he trained 176 winners and accrued $7,191,756 in prize money.

A court filing from late last year states that Hollendorfer's stable has shrunk from more than 120 horses in California to an average of just 10, with another 25 to 30 horses traveling between three to four other states.

 

The post Hollendorfer, Stronach Group Reach Legal Settlement appeared first on TDN | Thoroughbred Daily News | Horse Racing News, Results and Video | Thoroughbred Breeding and Auctions.

Source of original post

1/ST Issues Statement on Baffert Suspension

Officials at 1/ST, the consumer-facing brand of The Stronach Group–parent company of a portfolio of several California racetracks and/or training facilities–have issued a statement in the aftermath of the 90-day suspension handed down to trainer Bob Baffert.

The statement, in its entirety, reads: “The California Horse Racing Board announced on Saturday, Apr. 2 that “[trainer Bob Baffert is now suspended pursuant to CHRB Rule 1484].”  California has thus reciprocated the suspension against Bob Baffert imposed by the Kentucky Racing Commission, which will begin on Apr. 4, 2022. Because of the CHRB's ruling, any trainer on the grounds at Santa Anita Park, Golden Gate Fields, San Luis Rey Downs or Los Alamitos Race Course who may be the transferee of horses from the Baffert barn will be required to apply for stalls for those horses from the Santa Anita or Golden Gate Fields racing offices, as applicable, for review and approval.  A Change of Trainer form will also be required to be submitted in order to enter races following such transfer. Horses that are not transferred to a trainer in California will be required to leave the grounds prior to Apr. 4.

“Because the suspension is over 60 days, under the CHRB rules, during the term of the suspension, Mr. Baffert will be banned from all enclosures under the jurisdiction of the CHRB and Mr. Baffert shall not be permitted to be involved in the training of horses who have previously been under his care. Any trainer who may apply for stalls in anticipation of a transfer will be required to comply fully with any applicable restrictions.

“The CHRB rules require Baffert to vacate his barn at Santa Anita Park prior to the start of the suspension on Apr. 4, along with removing all signage, colors and training equipment belonging to the trainer. The closing day of Santa Anita's winter-spring season is June 19, 2022. The 90-day suspension from the KHRC concludes the following week.”

The post 1/ST Issues Statement on Baffert Suspension appeared first on TDN | Thoroughbred Daily News | Horse Racing News, Results and Video | Thoroughbred Breeding and Auctions.

Source of original post

CHRB Meeting: HISA, Accident Taskforce, Betting Option Menu

Newly minted California Horse Racing Board (CHRB) member, Thomas Hudnot–an education consultant and a former racehorse owner–enjoyed a relatively smooth landing on his first public day on the job, with few of the highly combustible topics on the monthly commission meeting agenda that have lit the touch paper during any number of board meetings these past few years.

The meeting, however, did signal a potential brewing storm in the shape of the Horseracing Integrity and Safety Act's scheduled implementation of its racetrack safety rules July 1.

CHRB executive director, Scott Chaney, pointed out that HISA's crop rules–which allow for overhand use of the whip–are more permissive than those currently in place in California, which prohibits use of the whip above the shoulder.

Furthermore, HISA's Anti-Doping and Medication Control program, which is set to go into effect early next year, currently restricts the administration of pre-race mediations to 24 hours, in contrast to the CHRB's 48-hour cut-off.

These two areas give Chaney cause for “concern,” he said, adding that he is in frequent communication with the new CEO of the Horseracing Integrity and Safety Authority–the broad non-profit umbrella established by HISA and commonly referred to as just the “Authority”–to find a solution to these issues “which are frankly non-starters for California.”

“I am hopeful that we can reach a resolution in which there will not be any loosening of the rules already in place here,” said Chaney.

Chaney also broached the prickly issue of HISA's cost, saying that “the current reg's require that they provide the amount of California's contribution by Apr. 1.” Before then, he added, the CHRB will begin negotiations with the Authority to conduct as many of the functions under the new federal rules as the law permits.

Needless to say, Chaney said, “this implementation is very fluid, and will require both the Authority and the CHRB to be flexible as we both seek to promote human and animal welfare.”

Earlier in the meeting, California Thoroughbred Trainers (CTT) executive director, Alan Balch, provided a status update on the accident prevention taskforce created late last year to systematically study the myriad factors behind fatal equine injury.

The key component of Balch's presentation concerned shoulder fractures–a common cause of catastrophic injury in racehorses.

These types of injuries have long bedeviled veterinarians and trainers due to their subtlety of visible symptoms, and the sheer difficulty of diagnosing them prior to a catastrophic breakdown occurring.

“As you know, if we could eliminate shoulder fractures, our safety record would improve even more significantly,” said Balch.

One especially high-risk group of horses said Balch–floating the findings of a nationwide statistical survey performed by The Stronach Group chief veterinarian, Dionne Benson–are those returning to training from lay-offs.

“Generally, the factors are lay-offs of 90-days or more,” said Balch, “and possibly a premature return to serious training once they've returned to the track or an auxiliary facility.”

In short, explained Balch, the general understanding in the equine medical world is that in horses returning to training after a break, the musculature develops faster than the bone can remodel, and that horses can appear outwardly fit enough to handle a degree of exercise greater than the bone is able to withstand.

And so, what's to be done?

California trainers are required to routinely complete continuing education courses, covering a variety of topics from track surfaces to pre-race examinations, as well as those on shoulder fractures.

Most California trainers have completed the shoulder-related module, but not all, admitted Balch. In response, the CHRB discussed a variety of amendments to the rules to potentially mandate completion of the module, including making it a prerequisite for re-licensing.

In the meantime, the CTT will contact over the next 30 days all trainers who have skipped the online course to encourage them to complete it, said Balch.

More broadly, the aim of the accident taskforce “is to provide a statistically sound guide, perhaps even by way of a rule based on verified evidence, of steps which must be taken before a horse returning from a lay-off of a specified period can gallop or work at speed,” Balch explained.

During a report about the prior day's pari-mutuel and wagering committee meeting, commissioner Dennis Alfieri explained how the Xpressbet wagering platform has developed a technology allowing gamblers to select an alternative primary selection in multi-race wagers–such as a pick four, pick five, or pick six–in the event their primary pick is a late scratch.

The new feature was launched to online customers in mid-February, said Alfieri.

The technology was developed in response to the Modern Games debacle at last November's Breeders' Cup Juvenile Turf, when a veterinarian prematurely scratched the horse, only for the Godolphin runner to be reinstated into the race for purse-money only.

Modern Games ultimately won the race, with winning returns going to the second-place finisher, Tiz the Bomb. And while many multi-race gamblers who selected Modern Games automatically received the eventual favorite, Dakota Gold, instead, that horse eventually finished out of the frame in fifth.

Alfieri explained that Chaney had suggested at the pari-mutuel and wagering committee meeting that the CHRB make this wagering option a condition of licensure for other betting platforms when their licenses are up for renewal.

The post CHRB Meeting: HISA, Accident Taskforce, Betting Option Menu appeared first on TDN | Thoroughbred Daily News | Horse Racing News, Results and Video | Thoroughbred Breeding and Auctions.

Source of original post

Verified by MonsterInsights