John Mooney Announces Retirement

John Mooney, executive director of racing at Delaware Park, has announced his retirement, effective Aug. 1.

Mooney has been involved in racing in the Mid-Atlantic region for nearly 40 years. Shortly after Delaware Park was purchased and reopened by William Rickman, Sr., in 1984, Mooney was named general manager. He was instrumental in keeping Delaware Park competitive in the 1980s and early 1990s with his innovative approach to the sport which included the introduction of the very successful Twin Trifecta.

In the summer of 1993, he left Delaware Park to take a similar post with the Maryland Jockey Club and later headed up the drive to establish racing in Virginia as head of Maryland/Virginia Racing which was the group that organized the opening and operation of Colonial Downs.

Mooney returned to Delaware Park as the Executive Director of Racing in the spring of 2008 at the request of William Rickman, Jr.

“His career has been brilliant, and like everyone in the Delaware Park family, I am proud and thankful to have been a part it,” said Kevin DeLucia, the track's chief financial officer. “So much of what Thoroughbred racing at Delaware Park is today has come from his leadership, guidance and experience over the last four decades. I wish John all the best in his retirement and am truly grateful for the significant contributions he has made to the industry.”

Mooney was born into the sport. His grandfather, J.D. Mooney, won the 1924 Kentucky Derby aboard Black Gold and trained the 1962 Canadian Horse of the Year Crafty Lace. His father, John J. Mooney, was a prominent horse racing executive who served at many racetracks, including the Ontario Jockey Club where he played an instrumental role in the development of the “new” Woodbine Racecourse in 1956.

Delaware Park's seven-furlong turf course will be dedicated to Mooney during a naming ceremony planned for Owners Day, Saturday, Oct. 1.

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Injunction Halts HISA Rules, But Only in Louisiana and West Virginia

The plaintiff states of Louisiana and West Virginia won a preliminary injunction in federal court Tuesday that will keep the Horseracing Integrity and Safety Act (HISA) Authority's rules from being implemented in those two states until a lawsuit challenging the constitutionality of HISA gets decided in full.

“This court believes the threatened harm to Plaintiffs outweighs any harm that may result to the Defendants and that a preliminary injunction will not undermine the public interest,” wrote Judge Terry Doughty of U.S. District Court (Western District of Louisiana).

“This Court is only ruling on the adoption of the rules by HISA, not the constitutionality of the Act,” Doughty was quick to add.

“The geographic scope of the injunction shall be limited to the states of Louisiana and West Virginia, and as to all Plaintiffs in this proceeding,” Doughty wrote.

The defendants, who consist of the HISA Authority, the Federal Trade Commission (FTC), and board members and overseers of both entities, are alleged in the June 29 suit to have violated the Fourth, Seventh and Tenth Amendments to the U.S. Constitution, plus the Administrative Procedure Act (APA), which governs the process by which federal agencies develop and issue regulations.

Lisa Lazarus, the chief executive officer of the HISA Authority, told TDN in an emailed statement that read, in part, “[Tuesday's] ruling from the Western District of Louisiana relates only to the FTC rules, is limited in geographic scope to Louisiana and West Virginia…and does not question HISA's constitutionality or validity. The Authority remains focused on implementing the Racetrack Safety program and drafting Anti-Doping and Medication Control rules for implementation in January 2023….

“The reality is that the majority of racing participants support the Authority's mission to protect those who play by the rules and hold those who fail to do so accountable in order to keep our equine and human athletes safe and the competition fair. The immense collaboration with state racing commissions, stewards, veterinarians, racetracks, trainers, and other horsemen that has taken place to date is evidence of this support, and we intend to continue to fulfill our mandate and work to make the industry safer,” Lazarus continued.

The plaintiffs, led by the states of Louisiana and West Virginia, plus the Jockeys' Guild and various Louisiana-based “covered persons” under HISA rules, had told the judge that it was imperative to obtain an injunction before the case winds its way through the legal system, lest they be exposed to the alleged harms of the rules. These types of federal court cases can often linger in the legal system for years without resolution.

In a 28-page memorandum explaining his ruling, Doughty noted that two civil suits attempting to get HISA struck down based on alleged unconstitutionality have already failed in federal courts and are currently pending appeal, and that those suits shared some common plaintiffs with the case that is now before his court.

But a key difference, Doughty wrote, is that, “This suit is the third attempt at stopping enforcement of HISA but the first to address the legality of the rules enacted.”

Doughty wrote that he first had to determine whether his court has judicial power to hear this case under the doctrine of “standing.” A federal court has judicial power only where a plaintiff has demonstrated that it 1) suffered an injury in fact; 2) is fairly traceable to the challenged conduct of the defendant, and 3) is likely to be redressed by a favorable decision. The party invoking federal jurisdiction has the burden of establishing those three elements.

Once the first phase of rules (covering racetrack safety, enforcement, and financial assessment methodology) went into effect July 1, Doughty wrote “All Plaintiffs allege they will suffer injuries 'in the form of vast destruction of the horseracing industry through individual penalties and systematic changes to the longstanding regulatory structure and revenue model. They argue that there will be financial costs so great that numerous participants will be driven out of business if the rules are enforced.”

On the other side, Doughty wrote, “Defendants argue there is no injury to Plaintiffs because 1) none of the alleged injuries have 'transpired over the two weeks in which the rules have already been in effect'; 2) the harms are self-inflicted under the rules; 3) there is not a challenge to the Act's scope; 4) the injuries derive from the Act enacted by Congress itself, not any of the implemented rules, and 5) the mere apprehension or fear of future harm does not establish a concrete injury.”

Doughty reconciled those conflicting viewpoints this way: “The applicable time period under this element is not whether the injury has occurred since the implementation of the rules, but whether it was imminent at the time the complaint was filed. While Defendants' argument that the injuries have not occurred and that the private Plaintiffs' fear of future injury might go to the success on the merits, they do not negate Plaintiffs' standing. Plaintiffs are challenging the legality of government action and are objects of said action. All Plaintiffs are participants in the horseracing industry, making them directly affected by regulation actions.”

Doughty wrote that the “fairly traceable” link requirement was straightforwardly accomplished by the plaintiffs.

“Here, there is an obvious link between the HISA rules and Plaintiffs' alleged injuries,” Doughty wrote. “All the above alleged injuries are 'fairly traceable' to the rules enacted thus far by HISA and the FTC.”

The plaintiffs also had to prove the “redressability element of standing,” which requires demonstrating “a substantial likelihood” that the requested relief will remedy the alleged injury.

“Because Plaintiffs are challenging the legality of government action in the form of HISA and the FTC approving and implementing rules, Plaintiffs have demonstrated a substantial likelihood that the requested relief would remedy the alleged injuries in fact,” Doughty wrote. “If Plaintiffs are successful in having the HISA rules declared invalid, this would redress their alleged injuries.”

At a later point in the memorandum, Doughty wrote that “Obtaining a preliminary injunction is an 'extraordinary and drastic remedy'” that a movant is only entitled to if four factors are established.

They are: 1) a substantial likelihood of success on the merits; 2) the movant is likely to suffer irreparable harm without preliminary relief; 3) the possible injury to the movant outweighs the possible harm to the other party, and 4) an injunction is in the public interest.

“Plaintiffs have satisfied all four elements required for a preliminary injunction to be issued. After considering all factors, this Court has determined that a preliminary injunction shall be issued by Plaintiffs against the Defendants,” Doughty wrote.

The injunction shall be in effect, Doughty wrote, “pending the final resolution of this case,” adding that the final ruling could extend all the way up to an appeal before the United States Supreme Court.

 

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Steeplechase Star Snap Decision Tackles Flat Horses in Colonial Stakes

Snap Decision (Hard Spun) may be the best jumper in the country, but his next assignment will be in a flat race, Wednesday's $150,000 Colonial Cup at Colonial Downs. As trainer Jack Fisher sees it, he's got nothing to lose. While he wants to win and doesn't think that is out of the question, Fisher said one of the reasons he went into the race is that it should set his horse up for the G1 Jonathan Sheppard S., an Aug. 17 steeplechase at Saratoga.

“If nothing else, this will be a good work for the Jonathan Sheppard S.,” he said. “I can get that much more into the horse by doing this. In this case, one race equals three works. Depending on where he finishes, we should also pick up a little bit of purse money.”

Take a closer look at Snap Decision's lifetime record and you'll see a horse that shouldn't be in over his head in a stakes race on the flat. A half-brother to Mr Speaker (Pulpit), the winner of the 2014 GI Belmont Derby Invitational, Snap Decision began his career for the Phipps Stable and trainer Shug McGaughey. He was 2-for-18 on the flat, but finished third in the GIII Palm Beach S. and third in the Better Talk Now S.

Fisher went to the connections and got them to agree to sell.

“For one, they wanted to know that he was going to go to a good home,” Fisher said. “Secondly, he wasn't winning those races. He was third, fourth, fifth. That's the type of horse I am very interested in buying. I have to give all the credit to [co-owner] Charlie Fenwick because he was all about the sire, Hard Spun. I told him it wasn't Hard Spun, it was the dam [Salute]. She is a very nice dam. But Charlie was right.”

Snap Decision, who is eight, debuted over the jumps in 2019 and ended that year with a pair of stakes wins. He won his first Grade 1 win over jumps in the 2021 Iroquois S. and this year has run second in the G2 Temple Gwathmey S. before winning another Iroquois, this time by 7 1/4 lengths. He has finished first or second in 15 consecutive jump races.

After the Iroquois, Fisher had the option of running Snap Decision over the jumps in the G1 A.P. Smithwick S. at Saratoga, but passed the race because of the amount of weight Snap Decision would have had to carry. Fisher said he was told his horse would have had to carry 158 pounds in the race. The winner, Down Royal (Alphabet Soup), carried 141 pounds.

“If I ran him in the Smithwick, I was going to get creamed with the weight,” he said.

Not wanting to go into the Sheppard off of a three-month layoff, Fisher found the Colonial Cup. (A race with the same name used to be one of the major stakes on the steeplechase circuit). Can he win? Fisher is trying to take a realistic approach to the race.

“I saw they had this 1 1/2-mile race there on the turf and I thought he is a good enough horse that he belonged,” Fisher said. “Rusty Arnold has a tough horse in there in Cellist (Big Blue Kitten). He won the [GIII] Louisville S. in his last start. I'm not sure he can beat him, but I'm not really scared of anyone else. I don't think the race is too short for him. I think it will be perfect.”

There aren't many examples of top steeplechase horses winning on the flat. In 1971, the Sheppard-trained Wustenchef won a flat stakes, the Sussex Turf H., and one over jumps, the Indian River Hurdle H., at the same Delaware Park meet. John's Call ran four times over jumps before being converted to a flat horse. In his second career, he became a two-time Grade I winner, winning the 2000 GI Turf Classic Invitational S. and the 2000 GI Sword Dance Invitational.

Fisher said that if Spun Decision turns in a big effort in the Colonial he might be tempted to run him again on the flat. But he said that the etiquette in his profession is that once a steeplechase trainer buys a horse from a flat racing stable, the horse should compete only in jump races. He said he will keep that in mind when making future decisions.

Forest Boyce has the riding assignment on Snap Decision and the gelding has been assigned 122 pounds, 36 less than he carried in the 2022 Iroquois at three miles. It's been three years and four months since he last raced over the flat, finishing third in a 1 1/8-mile dirt allowance race at Aqueduct. Since then, he's become one of the best jumpers in the sport. Does that mean he is good enough to be competitive in a $150,000 non-graded stakes race on the flat? The question will be answered Wednesday at Colonial Downs.

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Bandbox Yearling Named MHBA Champion

A Hillwood Stable homebred son of Bandbox was named grand champion of the 88th Maryland Horse Breeders' Association's Yearling Show, which was held at the Timonium Fairgrounds Sunday. The gray or roan colt is the third foal out of the Scrimshaw mare Dearie Be Good to win a class at the show–the colt's full-sister was reserve champion in 2018 and his half-sister by Great Notion was reserve champion in 2021. All are homebreds for Ellen Charles's Hillwood Stable, which also campaigned 2014 GIII General George H. winner Bandbox.

Bandbox, who stood his entire career at Northview Stallion Station before his death last year, also took home the Northview Stallion Station Challenge Trophy as the show's leading sire for the third time, thus retiring the trophy.

“It's special for Mrs. Charles to have a son of Bandbox win,” said JoAnn Hayden of Dark Hollow Farm, where the colt was born and raised. “We've loved this colt since birth. This one is big, robust, and looks very mature.”

Jonathan Thomas, who judged 59 yearlings at this year's show, concurred with Hayden's assessment.

“He was the best of a very good group. When you have to pick five finalists per class, you end up leaving out a bunch of good ones every time,” said Thomas. “Everyone looked very well-raised and prepared, but he had the best balance and substance.”

All yearlings who were judged are now eligible for the $40,000 premium award which is split annually, with $20,000 going to the exhibitors of the four show contestants who earn the most money as 2-year-olds during 2023, and another $20,000 divided among the exhibitors of the four highest-earning 3-year-old runners the next year

 

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