WVRC Chair Wants Charles Town to Switch to Synthetic

Although he stopped short of saying that a surface change at Charles Town Races might soon be mandated by state racing regulators, West Virginia Racing Commission (WVRC) chairman Ken Lowe Jr. made it clear during Tuesday's meeting that he will be advocating for a synthetic surface to replace the traditional dirt that comprises the track's six-furlong oval.

Lowe's Apr. 20 comments came against the backdrop of 11 equine fatalities at Charles Town so far in 2021. The track is closed for racing Wednesday through Saturday this week to perform maintenance and a safety evaluation. Charles Town has also lost three programs this year because of bad weather, and one date because of a lack of entries.

“Let's truly think about working together to figure out a way that Charles Town can go to synthetic,” Lowe said. “I don't see an answer to this problem that we have every year here. I know [the track superintendent] is doing a great job. Management's trying…. But why go through this every year? Let's figure out a way to do it so there can possibly be a synthetic surface at Charles Town that solves most of the problems with a proper drainage system, et cetera. I think that's the solution.”

Lowe's comments were preceded by a general surfaces presentation by Mick Peterson, the director of the Racetrack Safety Program and a professor of Biosystems and Agricultural Engineering at the University of Kentucky. Peterson routinely advises the nation's top-tier tracks on equine safety and track composition.

While underscoring that synthetic tracks are not specifically his area of expertise, Peterson did note that Turfway Park in neighboring Kentucky has had an “incredibly successful” long-term safety profile while using Polytrack (2005-19) and (Tapeta (2020-21).

Peterson added that there are similarities between Turfway and Charles Town, in that both race at night and during winter months with a primarily a low-level horse population. He did not outright advocate for a switch at Charles Town, though.

“Probably at the next meeting, I'm going to suggest for the racing commission [to give] its approval that we come up with a date and begin the process of figuring out how to shift Charles Town to a synthetic surface, and what's involved,” Lowe said.

Erich Zimny, Charles Town's vice president of racing operations, thanked Peterson for his expertise while cautioning the WVRC not to rush to judgement on a synthetic surface mandate.

“The last time a commission made a mandate for a synthetic surface in a state in this country, that kind of went sideways,” Zimny said.

Zimny was referring to 2006, when the California Horse Racing Board ordered all major Thoroughbred tracks in the state to install synthetic surfaces in lieu of dirt. The tracks ended up being safer according to several studies, but there were problems with maintenance and complaints from some horse people and handicappers who preferred the traditional dirt. The California mandate was reversed within two years.

Lowe, a long-time West Virginia horse owner, has had an abrasive history with Charles Town management over various issues for the better part of a decade.

In 2011, when Lowe was president of the Charles Town Horsemen's Benevolent and Protective Association, track management ejected him from the property for a violation of Charles Town's house rule against solicitation (authorizing the distribution of political flyers). He subsequently told TDN he won an undisclosed court judgment from track management when he challenged that ejection.

Lowe was appointed to the racing commission in 2017. Shortly thereafter, he led a failed bid to withhold commission approval for a fully-funded version of the GII Charles Town Classic, the track's signature race. That action almost scuttled the Classic for 2018, but the state's governor, in reaction to well-publicized backlash, vowed to have the WVRC's decision revered. The commission subsequently re-voted to approve funding for that stakes.

On Tuesday, when Lowe prompted Zimny for his reaction to switching to a synthetic surface, Zimny opted not to discuss the issue in public until he had time to talk about it privately with members of Charles Town's management team.

“It's certainly something that will have to be discussed internally here, and I would caution against anything rash as far as mandating anything,” Zimny said.

“Erich, you know me. I don't do anything rash. I always ask everybody. I'm smiling. Can you see it?” Lowe quipped.

“We'll be prepared to discuss it at the next meeting,” Zimny replied.

In a post-meeting follow-up email to TDN, Zimny declined further comment, but added that “Can also say that our rate of fatal musculoskeletal injuries during races had fallen each year from 2017 thru 2020. Was at 1.43 per 1,000 starters in 2020, including less than 1 per 1,000 from January thru March last year.”

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Aqueduct Spring Meet Generates All-Sources Handle of $85,419,050

The boutique 11-day Aqueduct spring meet generated all-sources handle of $85,419,050, a 2.2% increase over the 2019 Aqueduct spring meet, the New York Racing Association, Inc. announced Tuesday.

Average daily handle over the 11 days of live racing was $7,765,368, an 11.5% increase over 2019, when average daily handle over the 12 days of live racing was $6,964,947.

The 2020 spring meet at Aqueduct Racetrack was canceled in its entirety due to the impact of the COVID-19 pandemic.

In accordance with New York State guidelines instituted to mitigate the spread of COVID-19, the 2021 Aqueduct spring meet was conducted without spectators and with only a limited number of owners and essential employees in attendance.

On-track handle, which includes wagering from New York residents utilizing NYRA Bets, was $5,734,531 compared to $9,987,247 in 2019.

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Jockeys’ Guild Denied Stay of New Jersey Regulation

The Superior Court of New Jersey, Appellate Division, denied Jockeys' Guild's motion to stay the New Jersey Racing Commission's Regulation on the use of the riding crop in Thoroughbred racing. Jockeys' Guild sought the stay of enforcement pending a decision on its appeal, which has not yet been decided.

“We are extremely disappointed in this decision on our motion for a stay of enforcement. This Regulation prohibits jockeys from using the riding crop as they have been trained, increasing the risk of injury to both the horse and rider,” said Terry Meyocks, President and CEO of Jockeys' Guild. “We hoped the Court would stay the Regulation while our appeal is being considered, particularly because a stay would have maintained the status quo. After all, the Commission enacted the Regulation this past fall but had not yet enforced it.” Meyocks added, “With the Court's decision that we learned of Monday, the Regulation is expected to be enforced in New Jersey beginning with the upcoming racing season in May.”

Jockeys' Guild filed an appeal of the Regulation in November. It first asked the Commission to stay enforcement pending a decision on that appeal. The Commission refused to stay enforcement, which lead Jockeys' Guild to seek a stay from the Court.

“Jockeys' Guild remains hopeful that the Court ultimately will grant its appeal,” said Meyocks.

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Charlatan, Gamine DQs Overturned

The disqualifications of Charlatan (Speightstown) and Gamine (Into Mischief) from May 2, 2020 wins at Oaklawn Park have been overturned, and Bob Baffert's 15-day suspension has been waived after a two-day hearing in front of the Arkansas Racing Commission.

Charlatan was the winner of the GI Arkansas Derby, while Gamine won an allowance race the same day. Oaklawn announced lidocaine positives for the pair, disqualified them from the victories, and redistributed purse money last year.

Tuesday, at the conclusion of the hearing, Baffert's attorney, W. Craig Robertson, said, “The ruling is that Charlatan and Gamine's wins are reinstated. There will be no suspension for Bob. There will be a $5,000 fine for Bob for each horse, for a total of a $10,000 fine.”

Robertson had argued that the positives were a result of Baffert's assistant, Jimmy Barnes, inadvertently contaminating the horses because he was wearing a Salonpas patch, and that the lidocaine was transferred from his hands to the horses. Moreover, he argued that the trace amounts of the drug were so low that they couldn't have been performance-enhancing.

Of the hearing, Robertson said, “There wasn't a whole lot of discussion. But basically, as I understood what they were saying, they felt like there were problems with the testing, and that it was clear that at these levels, there would have been no pharmacology in the horse, so no performance-enhancing effect on the outcome of the race.

“I told them that there were seven reasons why they needed to dismiss the matter,” Robertson continued. “In broad strokes: there were a lot of admitted errors in the testing and with the testing laboratory, and broadly, my argument was that you could not rely upon the test results given all the admitted errors and mistakes. An additional argument was that there was no pharmacology and so they needed to consider all the factors.”

Robertson said that he was relieved for Baffert, who lived with something of a cloud over his head in 2020 due to the disqualifications and to the revelation that Justify had incurred a scopolamine positive in the 2018 Santa Anita Derby. A complaint by trainer Mick Ruis in that case was dismissed by the CHRB.

“I'm elated,” said Robertson. “I'm mostly happy for Bob, because this has been hanging over his head, and I feel it's been hanging over his head unfairly. We felt all along if we could get in front of the commission and present all of the facts and all of the evidence, that we had a compelling case. Now that doesn't mean you're always going to get the result you want, but this time we did and I'm thrilled.”

Reached as he was boarding a plane to return to California, Baffert said, “I'm happy with the result and it has really been wearing on us–on Jimmy and us–and us and it's nice to see that the horses were rewarded for their performances. They need to have this conversation about the testing. They need to be more precise about it. I feel like trainers are sitting ducks. These contamination levels, they're testing at these levels, and it's tough. It's been a very demanding year.”

Baffert said that because the public only gets part of the story, there's often an immediate presumption of guilt when the initial story is published.

“We weren't at fault, but public perception doesn't know that because they don't know what's going on,” he said. “I don't want to be painted with that brush. You just have to be careful it doesn't happen again, but racing regulators need to figure out the science.”

He referenced Gamine's disqualification from the GI Kentucky Oaks after she tested positive for betamethasone, a permitted medication in Kentucky, but with a mandated two-week withdrawal time. Craig Robertson said she was given the drug 18 days before the race.

“With Gamine and the betamethasone, we did everything by the rules and we still got in trouble,” said Baffert.

Robertson said that he was relieved to put this behind them and move on.

“The two big issues that were hanging over him were Justify and Charlatan and he has been exonerated in both cases,” said Robertson. “It's the just result and I'm really just thrilled for him. I'm grateful that the Arkansas Racing Commission stewards took the time and carefully considered the evidence and rendered a fair decision.”

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