Greg Means: An Appreciation

Greg Means died suddenly two weeks ago at the age of 62. If his name doesn't ring a bell, it should. For over two decades working with the National Thoroughbred Racing Association (NTRA), Greg and his firm the Alpine Group were our principal lobbyists in Washington. It was Greg's responsibility to promote and advocate for the economic health and well-being of our industry during very challenging times as competition from other forms of gaming grew and animal rights advocates questioned our relevance and very existence. He was a great advocate who was both influential and respected on Capitol Hill. I know. As a 20-plus year member of the NTRA Board of Directors, I was fortunate to have a front row seat and work with Greg as the NTRA grew its footprint in Washington, D.C. in support of the Thoroughbred industry. While the NTRA has been criticized for many things, its work on behalf of the industry on Capitol Hill has not been one of them. Much of the NTRA's success in the area of federal legislative advocacy can be traced to Greg and his firm.

Greg was a rare individual. He was not your typical silk-stocking lobbyist. He was different. Unabashedly blunt, with a southern drawl and downhome personality rooted in his small-town Arkansas upbringing, he was equally effective in the offices of some of the most powerful and influential lawmakers in the land or speaking before a small gathering of industry stakeholders worried about the future of Thoroughbred racing.

What distinguished Greg, and made for effective advocacy, was his own lifetime love of horseracing and betting, which began at his spiritual home, Oaklawn Park, long before he arrived in D.C. He was an informed, passionate and convincing advocate as a result of those early experiences. When he explained how the tax code worked against horseplayers, the Hill staff got it because he lived it and loved it. The Board of the Thoroughbred Horsemen's Association (THA), which I chair, loved his briefings. We learned as much about the current state of American politics as we did the intricacies of legislation or issues that he was promoting or deflecting.

Over the course of his career representing our industry, Greg kept a relatively low profile. Nonetheless, his impact on our business was enormous. Whether you are a breeder, owner, trainer, racetrack operator, bloodstock agent, jockey, sales company representative or horseplayer, Greg helped you by improving the business of racing and breeding Thoroughbreds.

Greg and the Alpine Group were first retained to help the NTRA establish relationships with key lawmakers and committees on Capitol Hill–those who could dramatically impact the entire industry with one vote or the stroke of a pen. Almost overnight, he helped form Horse PAC, which quickly became one of the racing and gaming industry's largest and most influential political action committees. By helping us handicap hundreds of Congressional races over 20 years, Greg's astute choices enabled the industry to build a core roster of Congressional allies, many of whom have supported our legislation over that entire time span.

In 2004, Greg helped us devise a strategy to secure passage of legislation to eliminate a 30% withholding tax on winnings by foreign nationals wagering into U.S. pools–something of vital importance to the Breeders' Cup and others pursuing an international wagering market.

In 2006, with internet wagering under assault by the Department of Justice (DOJ) and various lawmakers, Greg almost singlehandedly saved the industry ADW sites from being criminalized by the Unlawful Internet Gambling Enforcement Act (UIGEA) by negotiating a carveout for state regulated pari-mutuel wagering. The carveout preserved the status quo under which ADW sites were operating legally at the time.

In 2008, Greg led the charge to secure passage of the Equine Equity Act (EEA), part of the broader Farm Bill, that allowed for accelerated depreciation of racehorses from seven years (in most cases) to three years–an important change especially to many smaller owners and breeders. Greg and his partners at the Alpine Group helped us renew that three-year depreciation provision, which almost sunset in 2013, for many more years.

Over the years, Greg helped us pursue numerous industry objectives on Capitol Hill–sometimes on offense to pass legislation and often on defense to keep Congress from passing legislation that would hurt our industry. But nothing Greg helped us accomplish was more important than the win we achieved in 2017. After many years of unsuccessful attempts, Greg and his team devised a strategy to leverage the strength of thousands of horseplayers to convince the U.S. Treasury Department and the IRS to modernize antiquated withholding and reporting requirements relative to winning pari-mutuel proceeds, thus making our wagering product fairer and more attractive. The changes virtually eliminated what were referred to by horseplayers as “signers” and since 2017 have kept hundreds of millions of dollars in the pockets of horseplayers and within the pari-mutuel system.

Later in 2017, Greg and his team at Alpine made sure Thoroughbred racing and breeding where not left out of the Tax Cuts and Jobs Act signed into law by President Trump. That Act contained a number of tax provisions favorable to the Thoroughbred industry, including 100% bonus depreciation.

As the pandemic raged in 2020 and several COVID-19 relief bills were hurriedly passed by Congress, Greg and his team helped make sure that members of the horse racing and breeding industry would benefit from those critical economic assistance packages.

As recently as this past December, Greg's work was on full display. Through contacts at the Alpine Group, the NTRA played a key role in identifying and resolving the “shared wallet” challenge, opening the door for sports betting and ADW companies to offer sports betting and horse race wagering on the same platform using a common platform and wallet. The launch of horse racing wagering on the FanDuel app was another quiet, yet important, victory for Greg and for the NTRA in Washington.

Seeing all the important successes achieved on Capitol Hill over the past two decades with Greg's leadership and strategic acumen, it is no wonder that the NTRA has doubled down on its presence in our nation's capital by opening a D.C. office and hiring former Congressman Tom Rooney as its President and CEO. A lengthy and proven track record in Washington–made possible with Greg's able assistance–made these decisions easy for the NTRA.

Year after year, the Thoroughbred industry benefited from Greg's unique relationship-building skills, his ability to open doors and the respect and high regard in which he was held by all on Capitol Hill. We always celebrate and honor the successes and achievements of our equine athletes, owners, trainers, jockeys and breeders. We tend to forget that there are less-celebrated unsung heroes who make our industry better and stronger. All of us in Thoroughbred racing owe a debt of gratitude and many thanks to Greg Means.

Personally, I will miss Greg's intellect and his dedication to our industry. He was a true friend and a trusted colleague. People like Greg are hard to forget and even harder to replace.

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HISA Changing Rule on Dirt Shoes

The Horseracing Integrity and Safety Authority will be implementing changes to HISA Rule 2276, which pertains to full outer rim shoes and toe grabs. The rule will not be enforced for horses racing on dirt that are shod with traction devices on their hind feet in the form of either a full outer rim shoe or a toe grab, both up to 4mm in height. All other provisions of the rule will remain the same and be enforced Aug. 1 as previously announced.

Click here to read the full HISA release, which states, “The concerns are that reduced traction will result in horses either slipping, falling, or otherwise being unable to firmly grip the track surface, with resulting injury to horses and their riders. In response to these concerns, the [Racetrack Safety] Committee invited a representative group of horsepersons including trainers, owners, a veterinarian, and a blacksmith to present their concerns to the Committee.”

The Thoroughbred Horsemen's Association was one of the organizations involved and they released a statement that included the following, “HISA is the law and it is in effect. Notwithstanding that there is ongoing litigation, we believe that it is our responsibility on behalf of our constituencies to engage with HISA as necessary to ensure that our horses are protected, our horsemen are treated fairly and responsibly, and that the integrity of racing is preserved.

The fact that horsemen are not represented on any HISA Committee is a missed opportunity that we believe needs to be corrected. In the meantime, we will continue to vigorously advocate for the best interests of the safety and welfare of the horse and the best interests of our horsemen. We continue to engage with HISA as the best way to serve our membership and the industry at large and this decision underscores their willingness to engage with us and make changes as necessary.

We thank the HISA Safety Committee for its willingness to consider and act on thoughtful input from those who can best provide it.”

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Open Letter To HISA’s Proposed Regulations

Edited Press Release

The Thoroughbred Horsemen's Associations, Inc, Kentucky Thoroughbred Association, Thoroughbred Owners of California, and Thoroughbred Owners and Breeders Association collectively have established a diverse group of experienced horsemen, regulators, and veterinarians to review the extensive documents regarding HISA's proposed rules. Each reviewer provided written comments in an open letter to HISA and they are summarized below.

Racetrack vs Training Facilities–The inclusion of training facilities in the statute was designed to ensure that horsemen could not evade the requirements for racetracks by stabling at training facilities. HISA needs to provide clear guidance on what is permitted and prohibited at training facilities and how such facilities will be regulated.

Lasix Prohibition–The statute affords the opportunity to HISA to study whether such a prohibition should apply based upon solid scientific evidence which currently does not exist.
The Lists of Controlled Substances and Specified Substances-HISA needs to provide the industry with the list of Controlled Medications and guidance regarding their use. The same applies to the Specified Substances, as we know that there are Prohibited Substances that may be introduced into the horse via contamination that need to be identified, as well as Prohibited Substances for which a Therapeutic Use Exemption should be provided.

Arbitration–HISA's rules will have every violator seeking legal advice and incurring costs for mandatory briefs and legal filings that will be cost prohibitive. Although we understand the need for transparency, it cannot be at the expense of owners and trainers, who are entitled to have their reputations protected until due process is afforded.

Drug Testing of Claimed Horses–It is unclear whether HISA will require all claimed horses to be drug tested post-race. If it is HISA's intention to drug test all claimed horses, we think it is a costly mistake and untenable. Further, given that a claimed horse is transferred immediately and a drug test may take several weeks, voiding a claim could result in chaos involving the horse and unnecessary litigation.

Responsibilities of Veterinarians and Other Covered Persons–HISA needs to put more emphasis on the veterinary-owner-trainer relationship and hold veterinarians accountable for their role in doping and medication cases. Similarly, where racetracks can provide support and authority, particularly security, and fail to do so, there appears to be little accountability.

Multi-Owner Entities–The decision as to who is the Designated or Managing Owner of a multi-owner entity should rest with the entity and not HISA. There is no requirement that a Managing Owner has to own at least 50% of the entity. The only requirement should be that such individual must be licensed by a racing commission and registered with HISA.

Official Timed Works–The definition of “official timed works” is not consistent with current practice. Many training centers provide published works but not by an “official clocker,” which has repeatedly been referenced as the differentiating factor for “official timed works.”

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THA Chairman Alan Foreman Joins Writers’ Room

Alan Foreman, the chairman and CEO of the Thoroughbred Horsemen's Association, joined the TDN Writers' Room presented by Keeneland Tuesday afternoon as the Green Group Guest of the Week. Discussing the upcoming 2022 MATCH series for mid-Atlantic horses, a program he spearheaded, and providing updates on the scheduled renovation projects at Pimlico and Laurel, Foreman also called upon his legal expertise to weigh in on Bob Baffert's appeal of the GI Kentucky Derby disqualification and why the THA supports the Horseracing Integrity and Safety Act.

While many in the racing industry lamented the breakdown in negotiations between the U.S. Anti-Doping Agency and the Horseracing Integrity and Safety Authority to implement a drug enforcement program, Foreman said he was bullish on HISA's separate safety program, set to take effect July 1.

“The HISA Anti-Doping and Medication Control Program relates to medication, while the Safety Program relates to every other aspect of the health, safety and welfare of the horse and rider,” he explained. “I think that's the most important part of the HISA program, because horses breaking down on the track is our worst nightmare, and horses aren't dying because of medication. When horses break down, it's multi-factorial. For example, we just did our review of the breakdowns in the mid-Atlantic region for the past year. Maryland was having its lowest incidence of breakdown in its history until the track went bad and failed at Laurel in October, and we had a cluster of eight breakdowns in a span of three weeks. We got right on it, but it blew the numbers. So there was a racetrack surface issue. Not a medication issue, not a training issue. The value of the HISA safety program is to work with everyone on racing surfaces and identifying horses at risk so they don't get on the track when they shouldn't be. That program and the uniformity that HISA is going to bring is why it got our support.”

The conversation later turned to the legal back-and-forth involving Baffert over the past year, with Foreman saying, “When we talk about HISA and the manner in which our rules are adjudicated, it isn't so much that our underlying rules are problematic, it's the enforcement process and the way justice is meted out and people can game the system. At the end of the day, I think it all went downhill after Bob's press conference. The rumor was that there had been a positive test at the Derby, and there was no confidentiality so he actually got out in front of the story. But when he came out and said he had no idea how it could have happened, and within five days, the story came out as to how it happened, he was boxed into a corner and he wasn't prepared to accept responsibility and take the punishment. So this has played out in a sense where there's no exit strategy, from either side, frankly. Churchill, by taking the action it did and making very clear that it wasn't backing down, started to press the Kentucky Horse Racing Commission to move more expeditiously. And here we are now, but it just took way too long, and that's not acceptable to anybody.”

Elsewhere on the show, which is also sponsored by Coolmore, Lane's End, the Kentucky Thoroughbred Owners and Breeders, XBTV, West Point Thoroughbreds and Legacy Bloodstock, the writers raved about a tremendous weekend of racing and gave their early impressions on the prospective GI Kentucky Derby and GI Longines Kentucky Oaks fields after the final round of prep races. Click here to watch the show; click here for the audio-only version or find it on Apple Podcasts or Spotify.

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