Fasig-Tipton, Keeneland Announce Fixed Monday-Tuesday November Dates

Starting in 2024, the Kentucky November breeding stock sales dates will be fixed on the Monday and Tuesday after the Breeders' Cup, despite the location of the event, according to a joint press release from Fasig-Tipton and Keeneland, who said that the goal was providing “stability and the strongest market possible.”

This year, the Fasig-Tipton November auction will be held Tuesday, Nov. 7, and Keeneland November will open Wednesday, Nov. 8.

Beginning in November 2024, the Fasig-Tipton November Sale will take place on the Monday following the Breeders' Cup, while the November Breeding Stock Sale at Keeneland will begin on Tuesday. The Monday/Tuesday schedule will remain in place regardless of where the Breeders' Cup is staged. The 2024 World Championships will take place Friday and Saturday, Nov. 1 and 2, 2024, at Del Mar. Accordingly, the Fasig-Tipton November Sale will commence Monday, Nov. 4 and Keeneland November will open Tuesday, Nov. 5.

In the past few years, the sales dates have varied based on the location of the Breeders' Cup and the interruption caused by the Covid pandemic.

“Keeneland and Fasig-Tipton share a commitment to do what is best for the health and vibrancy of our industry,” Keeneland President and CEO Shannon Arvin said. “This schedule not only provides clarity, but capitalizes on the momentum from Breeders' Cup, maximizes the opportunity for international buyers to participate and creates positive energy surrounding both sales. We've listened to the thoughtful feedback from our clients and members of the Consignors and Commercial Breeders Association and worked to determine an outcome that is beneficial for everyone.”

“Both sales companies share a vision and commitment to serve the marketplace in the most effective manner,” Fasig-Tipton President and CEO Boyd Browning Jr. said. “This announcement provides all industry participants a defined and consistent schedule for the November sales.”

Walker Hancock, the president of the Consignors and Breeders Association, said, “I want to thank the sales companies for getting together and figuring out this path forward that benefits the whole industry. It's great to see them working together. It's a solution that benefits all.”

Elite Sales co-owner Liz Crow, a member of the board of the CBA and who frequently sells mares at the two sales who have competed in the Breeders' Cup just days before, said, “When the Breeders' Cup is in Kentucky, I think Monday-Tuesday is great. When it's in California, I would prefer Tuesday-Wednesday. I found that when buyers have more time they can gather more information and do their homework, and it's less stressful on everyone, including our equine athletes, which are the most important factor here. Flying these mares home and then having them sell right off the plane is harsh and not very safe for them. I have had a few instances of horses colicking, and it's hard to get them rehydrated after a hard race like the Breeders' Cup. The buyers are rushed through the process when you have the Breeders' Cup in California. I am very happy that we're not doing Sunday any more. And I am happy the sales companies worked together and were able to figure something out this year before the entry deadline.”

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Breeders’ Cup Juvenile Turf To Be Sponsored By Prevagen

Prevagen is now the official brain health partner of the Breeders' Cup World Championships and title partner of the Prevagen GI Breeders' Cup Juvenile Turf, Breeders' Cup Limited said in a release Thursday.

“We are delighted to welcome Prevagen, one of America's most dynamic brain health support providers, as an official partner of this year's World Championships,” said Heather Higgins, Senior Vice President of Corporate Partnerships for Breeders' Cup Limited. “Prevagen's commitment to the name-in-title partnership of the Breeders' Cup Juvenile Turf, and their support of our historic 40th running celebration through the Memorable Moments campaign, are great ways to kick off this new partnership.”

Prevagen will also partner with Breeders' Cup in “Memorable Moments presented by Prevagen,” a televised series of vignettes highlighting Thoroughbred racing history that has been made since the first running of the Breeders' Cup World Championships in 1984.

“Memorable Moments presented by Prevagen” will appear during the Breeders' Cup Challenge Series: Win and You're In broadcasts on NBC, FOX, and CNBC and during the Breeders' Cup itself.

 

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Weekly Stewards and Commissions Rulings, July 11-17

Every week, the TDN publishes a roundup of key official rulings from the primary tracks within the four major racing jurisdictions of California, New York, Florida and Kentucky.

Here's a primer on how each of these jurisdictions adjudicates different offenses, what they make public (or not) and where.

The TDN will also post a roundup of the relevant Horseracing Integrity and Safety Act (HISA) related rulings from the same week. These will include decisions from around the country.

New York
Track: Saratoga
Date: 07/12/2023
Licensee: Tyler Gaffalione, jockey
Penalty: Three-day suspension
Violation: Careless riding
Explainer: Mr. Tyler Gaffalione is hereby suspended three NYRA racing days for careless riding during the running of the 2nd race on July 14th 2023 at Saratoga Racecourse. Having appealed a stay has been granted.
Gaffalione is appealing this ruling.

NEW HISA/HIWU STEWARDS RULINGS
The following rulings were reported on HISA's “rulings” portal and through the Horseracing Integrity & Welfare Unit's “pending” and “resolved” cases portals.

This does not include the voided claim rulings which were sent to the TDN directly. Some of these rulings are from prior weeks as they were not reported contemporaneously.

One important note: HISA's whip use limit is restricted to six strikes during a race.

Violations of Crop Rule
Colonial Downs
Jose Lucio Riquelme – violation date July 13; $250 fine and one-day suspension, 1-3 excess strikes

Delaware Park
Richard Mitchell – violation date July 12; $500 fine and three-day suspension, 10 strikes
William Humphrey – violation date July 13; $250 fine and one-day suspension, 7 strikes
Jhonatan Freddy Mendoza – violation date July 13; $250 fine and one-day suspension, 7 strikes

Horseshoe Indianapolis
Eduardo Perez – violation date July 11; $250 fine and one-day suspension, 7 strikes

Presque Isle Downs
Martina Rojas – violation date July 11; $250 fine and one-day suspension, 7 strikes

Pending ADMC Violations
Date: 06/25/2023
Licensee: Lorenzo Ruiz, trainer
Penalty: Provisionally suspended
Alleged Violation: Medication violation
Explainer: For the presence of Diisopropylamine—a banned substance—in a sample taken from American Cat, who won at Los Alamitos on 6/25/23. This is a possible violation of Rule 3212—Presence of a Banned Substance and/or its Metabolites or Markers.

Date: 06/23/2023
Licensee: Lorenzo Ruiz, trainer
Penalty: Provisionally suspended
Alleged Violation: Medication violation
Explainer: For the presence of Diisopropylamine—a banned substance—in a sample taken from Facts Matter, who won at Los Alamitos on 6/23/23. This is a possible violation of Rule 3212—Presence of a Banned Substance and/or its Metabolites or Markers.

Date: 06/20/2023
Licensee: Joseph Taylor, trainer
Penalty: Provisionally suspended
Alleged Violation: Medication violation
Explainer: For the presence of Methylphenidate and Clenbuterol—both banned substances—in a sample taken from Classy American, who finished second at Parx Racing on 6/20/23. This is a possible violation of Rule 3212—Presence of a Banned Substance and/or its Metabolites or Markers.

Date: 06/18/2023
Licensee: Joseph Taylor, trainer
Penalty: Provisionally suspended
Alleged Violation: Medication violation
Explainer: For the presence of Methylphenidate and Clenbuterol—both banned substances—in a sample taken from Cajun Cousin, who finished second at Parx Racing on 6/18/23. This is a possible violation of Rule 3212—Presence of a Banned Substance and/or its Metabolites or Markers.

Date: 06/13/2023
Licensee: Juan Quintana, trainer
Penalty: Pending
Alleged Violation: Medication violation
Explainer: For the presence of Phenylbutazone—Controlled Medication (Class C)—in a sample taken from La Castiglione on 6/13/23. This is a possible violation of Rule 3312—Presence of Controlled Medication Substance.

Date: 06/13/2023
Licensee: Arcadio Lopez, trainer
Penalty: Pending
Alleged Violation: Medication violation
Explainer: For the presence of Flunixin—Controlled Medication (Class C)—in a sample taken from Mo Crazy Blues who won at Finger Lakes on 6/13/23. This is a possible violation of Rule 3312—Presence of Controlled Medication Substance.

Date: 06/11/2023
Licensee: Guadalupe Munoz Elizondo, trainer
Penalty: Provisionally suspended
Alleged Violation: Medication violation
Explainer: For the presence of Metformin—a banned substance—in a sample taken from Quinton's Charmer on 6/11/23. This is a possible violation of Rule 3212—Presence of a Banned Substance and/or its Metabolites or Markers.

Date: 06/10/2023
Licensee: Javier Hernandez, trainer
Penalty: Pending
Alleged Violation: Medication violation
Explainer: For the presence of Salicylic Acid—Controlled Medication (Class C)—in a sample taken from Chief Mystique who won at Belterra Park on 6/10/23. This is a possible violation of Rule 3312—Presence of Controlled Medication Substance.

Date: 06/10/2023
Licensee: Javier Hernandez, trainer
Penalty: Pending
Alleged Violation: Medication violation
Explainer: For the presence of Salicylic Acid—Controlled Medication (Class C)—in a sample taken from Fast Fall who won at Belterra Park on 6/10/23. This is a possible violation of Rule 3312—Presence of Controlled Medication Substance.

Date: 06/8/2023
Licensee: Climaco Galindo-Torres, trainer
Penalty: Pending
Alleged Violation: Medication violation
Explainer: For the presence of Salicylic Acid—Controlled Medication (Class C)—in a sample taken from Delaney's Grace who finished eighth at Belterra Park on 6/8/23. This is a possible violation of Rule 3312—Presence of Controlled Medication Substance.

Resolved ADMC Violations
Date: 06/14/2023
Licensee: Richard Shaffer, trainer
Penalty: Disqualification of Covered Horse's Race results, including forfeiture of all purses and other compensation, prizes, trophies, points, and rankings and repayment or surrender (as applicable); a fine of $500; imposition of 1.5 Penalty Points.
Alleged Violation: For the presence of Methocarbamol—Controlled Medication (Class C)— in a sample taken from Devious Mo, who won at Finger Lakes on 6/14/23. This is a possible violation of Rule 3312—Presence of Controlled

Date: 06/13/2023
Licensee: Jeffrey Englehart, trainer
Penalty: Disqualification of Covered Horse's Race results, including forfeiture of all purses and other compensation, prizes, trophies, points, and rankings and repayment or surrender (as applicable); a fine of $500; imposition of 1.5 Penalty Points.
Alleged Violation: For the presence of Methocarbamol—Controlled Medication (Class C)— in a sample taken from Bold Victory, who finished third at Finger Lakes on 6/13/23. This is a possible violation of Rule 3312—Presence of Controlled.

Date: 06/5/2023
Licensee: Scott Lake, trainer
Penalty: Disqualification of Covered Horse's Race results, including forfeiture of all purses and other compensation, prizes, trophies, points, and rankings and repayment or surrender (as applicable); a fine of $500; imposition of 1.5 Penalty Points.
Alleged Violation:  For the presence of Phenylbutazone—Controlled Medication (Class C)— in a sample taken from Louella Street, who won at Parx Racing on 6/5/23. This is a possible violation of Rule 3312—Presence of Controlled Medication Substance.

Date: 06/2/2023
Licensee: Arnoud Dobber, trainer
Penalty: Disqualification of Covered Horse's Race results, including forfeiture of all purses and other compensation, prizes, trophies, points, and rankings and repayment or surrender (as applicable); a fine of $500; imposition of 1.5 Penalty Points.
Alleged Violation: For the presence of Phenylbutazone—Controlled Medication (Class C)—in a sample taken from Fast Fixer, who finished first in Race 8 at Gulfstream Park on 6/2/23. This is a possible violation of Rule 3312—Presence of Controlled Medication Substance.

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Vets: HISA Puts Them at ‘Greater Risk than Other Covered Persons’

The North American Association of Racetrack Veterinarians (NAARV) is arguing for the United States Court of Appeals for the Fifth Circuit to overturn the Horseracing Integrity and Safety Act (HISA) on constitutional grounds because the law allegedly “places the racetrack veterinarians at a greater risk than other covered persons” from a due process standpoint.

Chief among the assertions made by the NAARV in a 51-page “friend of the court” brief filed July 14 are that “initial findings of wrongdoing by a member of NAARV, pursuant to HISA, result in a report to the Federal Trade Commission (FTC) and, therefore, a federal violation. A federal violation would inevitably result in the loss of not only the NAARV member's track license, but also the loss of the member's professional license to practice veterinarian medicine.”

In addition, the NAARV alleged that HISA creates a “financial barrier to due process review.”

That's because, according to the NAARV's filing, the ultimate authority, the FTC, isn't obligated to accept any covered person's request for review of a HISA ruling against them.

And if such a request for review is denied, that covered person's only right to appeal is to bring the matter all the way to a United States Court of Appeals, the NAARV stated. There are only 12 such courts in the country, divided regionally.

“Logistically, this is more challenging,” the NAARV filing stated. “Take, for example, a covered person who has an alleged violation in Texas. He or she must now pursue an appeal before the Fifth U.S. Circuit Court of Appeals in New Orleans, Louisiana.

“A person who has allegedly committed a medication violation in Puerto Rico, if he or she decide to appeal, must pursue that appeal before the First U.S. Circuit Court of Appeals in Boston,” the brief continued.

Beyond potential travel burdens, the NAARV pointed out, bringing any legal action to that level of the federal court system isn't cheap.

“The estimated legal cost for a trip to the U.S. Court of Appeals is in excess of $25,000,” the NAARV stated.

“It creates a cost or premium for substantive due process rights that is unobtainable for most NAARV members and thus, results in a denial of their due process rights,” the NAARV stated.

At a different point in the filing, the NAARV explained that veterinarians accused of wrongdoing would no longer be “in a position to 'take the deal' on a minimum violation but instead forced to defend their position to maintain their license and their livelihood.”

The NAARV continued: “Prior to the implementation of HISA, NAARV members were able to negotiate a state violation without necessarily risking their general veterinary license. Under HISA, they are forced to do so in a system [that] deprives them of both substantive and procedural due process.”

The NAARV's assertions were made in support of the appeal led by the National Horsemen's Benevolent and Protective Association (NHBPA) and 12 of its affiliates.

The defendants in the underlying case, which has lingered in the federal court system for 28 months, are personnel from the FTC and the HISA Authority.

The HISA Authority and FTC have an Aug. 4 deadline to file their own briefs with the Fifth Circuit Court.

Oral arguments in the case are tentatively scheduled for the first week in October.

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