HISA Threatens Turf Paradise Simulcast Shutdown if Repairs Not Made

Despite entering into an agreement with the Horseracing Integrity and Safety Authority (HISA) to get Turf Paradise up to date on existing national safety regulations, sufficient repairs were not made to improve the condition of the railing and the Phoenix, AZ, track received a deadline of Apr. 1 for completion or be “prohibited from conducting Covered Horseracing.”

The news came via a press release from HISA.

In January, HISA cited the track for non-compliance on Rules 2153 “racetrack facilities”, 2154 “racetrack surface monitoring”, 2168 “equine ambulance”, 2262 “void claim”, 2276 “horseshoes”, 2282 “riding crop violations and penalties” non-enforcement, and 8520(d) “non-payment”.
In a Feb. 24 order, both the track and Authority agreed that HISA steward Jorge Estrada, track officials and representatives from The Jockeys' Guild would inspect the rails before Mar. 1 and identify areas where panels may have sharp edges, and repair those areas by Mar. 12. A hearing was conducted remotely via Zoom on Mar. 16 to address issues of non-compliance with the terms of the Agreed Order that remained unresolved as of the date of the hearing, and the Authority found the repairs to the rail to be insufficient.

“After deliberating upon the evidence, it was manifestly clear to the members of the Board Panel that the condition of the railing at Turf Paradise poses a significant risk to the safety of the jockeys and horses participating in Covered Horseraces at the racetrack,” the ruling stated. “There is no dispute that the condition of the railing is unacceptable or that to date Turf Paradise has failed to effect the repairs clearly articulated in the Agreed Order. It is vital that the unsafe condition of the railing be rectified as soon as possible.

“The Board Panel therefore orders that Turf Paradise complete the repairs to the railing, as set forth in the Agreed Order, no later than March 31, 2023. Completion of the repairs and compliance with the remaining elements of the Agreed Order will be verified by an inspector designated by Authority CEO Lisa Lazarus with such inspection to be conducted on or before March 31, 2023. If the repairs are not completed on or before March 31, 2023, or if there is evidence of any other deficiency in compliance with the Authority's rules as set forth in the Agreed Order of February 24, 2023, Turf Paradise shall be prohibited from conducting Covered Horseraces as of April 1, 2023, pending any further action taken by the Authority.

“The Board Panel declines at this time to impose monetary sanctions upon Turf Paradise for past delays in completing the repairs.”

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Noffsinger Named Prairie Meadows Track Superintendent

Ryan Noffsinger has been named track superintendent at Prairie Meadows. A third-generation horseman, Noffsinger has worked at tracks from California, Arizona, New Mexico and, most recently, in Florida.

“In my 18 years working in various roles with track maintenance, I've been able to gain valuable knowledge at tracks like Del Mar, Turf Paradise, Zia Park, Sunland Park, Gulfstream Park West and Palm Meadows which will serve me well as Track Superintendent for Prairie Meadows,” Noffsinger said.

Prairie Meadows Vice President for Racing Derron Heldt added, “Ryan brings so much to the table with his experience, dedication and love of the industry as a third-generation horseman and having worked in various roles in track maintenance, I feel confident in his abilities to provide a solid and consistent racing surface for the horses, jockeys and racing industry participants that come to race in Iowa.”

Prairie Meadows' live racing season begins with 20 days of Thoroughbred-only racing from May 12-June 17 and is followed by a mixed Thoroughbred and Quarter Horse schedule of 60 race days from June 18-Sept. 30.

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Weekly Rulings: Feb. 21-27

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.

With the Horseracing Integrity and Safety Act (HISA) having gone into effect on July 1, the TDN will also post a roundup of the relevant HISA-related rulings from the same week.

NEW HISA STEWARDS RULINGS

The following rulings were reported on HISA's “rulings” portal, except for 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

Golden Gate Fields
Assael Espinoza – violation date February 24; $250 fine and one-day suspension, 7 strikes
Leonel Camacho Flores – violation date February 24; $250 fine and one-day suspension, 9 strikes

Gulfstream Park
Edgar Alexander Perez – violation date February 23; $250 fine and one-day suspension, 8 strikes

Laurel Park
Jean A Briceno – violation date February 12; $250 fine and one-day suspension, 7 strikes
Oaklawn Park
David Cabrera – violation date February 24; $250 fine and one-day suspension, 8 strikes, on appeal and stay granted
Hannah Leahey – violation date February 25; $250 fine and one-day suspension, 7 strikes
Tyler Cameron Baze – violation date February 25; $250 fine and one-day suspension, 7 strikes
Ramsey Zimmerman – violation date February 26; $500 fine and three-day suspension, 13 strikes, on appeal and stay granted
Penn National
Jerry Villegas-Serrano – violation date February 22; $250 fine and one-day suspension, “misuse of the crop”
Tampa Bay Downs
Carlos Eduardo Rojas – violation date February 25; $250 fine and one-day suspension, 8 strikes, on appeal and stay granted
Carlos Eduardo Rojas – violation date February 26; seven-day suspension, “accumulated points for multiple violations,” on appeal and stay granted
Track Management
The operators of Turf Paradise racetrack have entered into an agreed order with HISA to fix a number of safety-related issues with the facility including problems with the rail and with the equine ambulance.

The track also agrees to enforce certain HISA-related rules, including the void claim rule, and those concerning use of the whip and correct horseshoes.

The Paulick Report has more on these issues.

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Racetrack Surfaces: Where HISA’s Rubber Meets the Road

The closer the clock ticks down to Nov. 4, when Turf Paradise's latest 130-day meet is scheduled to launch, the louder will the questions resound about the facility's historically checkered approach to equine welfare and safety.

Near the midway point during last year's Turf Paradise meet, its equine fatality rate was more than 2.8 deaths per 1,000 starts. This compares to the national equine fatality rate of 1.39 per 1,000 starts last year.

Between Oct. 10, 2021, and May 7, 2022, 11 horses were fatally injured during morning training at Turf Paradise and 18 were fatally injured during racing, with another 13 lost to other circumstances.

Anyone with even a glancing understanding of catastrophic injuries knows the complex nature of causality, with the term “multifactorial” much bandied about. One of these important factors, however, is the condition of the racetrack surface–an issue that has bedeviled Turf Paradise in recent years.

To prepare for the upcoming meet–as well as for the Horseracing Integrity and Safety Act (HISA), the racetrack safety portion of which went into effect July 1–Turf Paradise has hired a new track superintendent and has joined forces with the Arizona Horsemen's Benevolent & Protective Association (AZHBPA) to hire noted racetrack expert Steven Wood to oversee these operations.

In many ways, tracks like Turf Paradise–those with more to do to meet HISA's baseline racetrack surface standards–provide something of an inflection point for the federal law, the rubber now meeting the road.

How long do tracks like Turf Paradise have to get up to speed, for example? What are some possible implications for non-compliance?

In the long term, how soon before the data collection components of these federal rules generate the kinds of answers needed to further racetrack surface safety in the U.S.? “Patience,” extolled racetrack surface expert Mick Peterson in answer to the latter. “It's not going to happen overnight.”

HISA Requirements

The racetrack maintenance component of HISA–summarised here–sets out two main areas of compliance.

Before the start of each meet, tracks are required to perform a set of testing protocols for all dirt, synthetic and turf surfaces. These include the examination of dirt or synthetic surface bases either visually or by using ground penetrating radar, as well as measuring the geometry of turf tracks.

Then on an ongoing basis during the meet, HISA requires a set of daily measurements to be made at all quarter-mile markers at distances of five feet and 15 feet from the inside rail. This includes moisture content and, for dirt and synthetic tracks specifically, cushion depth.

Sarah Andrew

Track superintendents are also responsible for keeping a log of what kinds of daily maintenance they perform on the track surfaces and the relevant equipment used, along with the amounts of water put on the tracks.

Though key regional differences mean no two tracks work their surfaces exactly alike, “our end goal is to have every racing surface feel the same to the horses when they run on it,” said Ann McGovern, HISA director of racetrack safety, mirroring comments made about the work done in recent years at Del Mar and Santa Anita to render their main tracks physical twins–work widely regarded as instrumental in making these two tracks among the safest in the country.

That's the goal. To get there, the rollout it is, like much of HISA's broader mandate, piecemeal.

In short, the reporting component of the law is already very much at play, with track superintendents required to keep daily logs either written into notebooks or submitted digitally.

Where HISA currently affords wriggle room is to the typically smaller, less-resourced tracks that might not have all the necessary equipment to meet new demands.

Has HISA identified a specific date by which all tracks need to be up to speed? “We don't have an end date for that,” responded McGovern, adding that “we plan on giving extra help to tracks that need it, and extra guidance.”

Thistledown Racino in Ohio is one of those tracks playing catch up.

“Implementing everything has taken some time, but we're going the right way,” said long-time track superintendent John Banno. “We might be further behind some tracks, but we might be further along than some others.”

As mandated under HISA, the track has established a safety committee that Banno attends with the safety director and director of racing, along with representatives from the horsemen, jockeys and stewards.

“We cover a lot of bases,” Banno said, about these monthly meetings. “It's mostly about keeping the lines of communication open.”

Ryan Thompson

Complying with another new mandate, Banno maintains a written notebook of numbers, details and wrinkles from his workday.

“If I'm putting down 100,000 gallons of water,” Banno said, of the details recorded. “If we use harrows for the first few races and we then switch to floats. If it rains–things like that.”

But as someone “more comfortable with dirt and mud than documentation,” ducks and water would hardly be analogized in the way Banno's taken to the task. “I'm hoping it gets a little more streamlined,” he admitted. Efficiencies can also be made elsewhere.

“I have a wish list every year,” said Banno, pointing out that his crew is working with equipment that is, in some cases, more than 40 years old.

“I'm sure many smaller racetracks have to deal with that, too,” said Banno, pointing out that new equipment is both pricey–new floats or harrows can run up to $25,000 each–and fairly limited in supply.

“As far as I can tell, there's only two vendors that sell this equipment, and one of them doesn't really supply too many things anymore,” he said.

The current Thistledown meet ends Oct. 14 before kick-starting once again next spring.

With more than six months between now and then, Banno has ample time on his hands to prepare for HISA's pre-meet testing requirements. Many other meets are scheduled to launch in the interim.

This is where Peterson, who founded the non-profit Racing Surfaces Testing Laboratory, is expected to step in.

“It doesn't tell you anything”

HISA is in the final stages of reaching an agreement with Peterson for his organization to oversee these pre-meet stipulations.

“Our agreement is to ensure that HISA gets what information it needs when we go to the racetracks to do the testing,” said Peterson. Not that he anticipates the same degree of involvement at all tracks.

Many of the larger, more prestigious tracks already meet and often exceed the baseline track demands under HISA. Take moisture content readings–what should be measured daily–with Fair Grounds “a good example,” said Peterson.

“I can tell you what the moisture content was measured at 24 points [around the track] in 2010 at Fair Grounds, every day of the race meet,” he explained.

But not all U.S. track superintendents currently use the requisite tool to measure moisture content–a funkily called time domain reflectometry device. Those that don't typically gauge it the old-fashioned way, grabbing a clump of dirt and squeezing it with their hand. Or through the feel of the equipment on the track.

The good news is that a time domain reflectometry device will set the buyer back around $1,400–hardly a bank-breaker. Nor do these instruments require a PhD in engineering.

“Incredibly simple,” Peterson said, about the device's ease of use. “You just stick it in, press the button.”

Sarah Andrew

For run-ragged superintendents at under-resourced tracks, arguably the biggest headache under HISA's new regime has proven the time and discipline involved in keeping daily testing and maintenance logs.

Some of the tracks already affiliated with the Racing Surfaces Testing Laboratory use the organization's online portal to record information, though Peterson admits it can still prove laborious, the database something of a Bronze Age relic of the early digital era.

That old software, however, is undergoing a digital facelift. “The new version with The Jockey Club is going to be a lot more user-friendly,” said Peterson. That revamped software will undergo beta-testing at the Keeneland fall meet.

Which leads to the ultimate aim of what Peterson describes as the wholesale collection of “standard data taken in a consistent fashion out of a lot of tracks”: the ability to refine the information to better determine what track surface maintenance practices improve equine safety–and those that don't.

“It doesn't tell you anything,” said Peterson, dismissive of the Clegg hammer–a device measuring hardness and compaction that is still widely used around U.S. racetracks.

Then there's the issue of sealed tracks. In California, for example, horses are not permitted to train on such a surface. According to Peterson, that reticence is probably unfounded.

The “largest study to date from the Equine Injury Database [EID]” found “no significant difference when comparing off dirt versus regular dirt track for risk factors,” Peterson said.

The question then becomes: How soon can we expect the data collected under HISA to bear fruit?

“It's going to take a lot of data,” said Peterson, comparing it to the evolution of the EID.

“The first four or five years, I remember it wasn't clear that the EID was going to contribute any meaningful understanding of catastrophic injuries,” he said. “It took a lot of data, even with full participation.”

Given the steadily shifting sands of public opinion toward horse racing, there's a chance some tracks with dicey safety records might not have that four- or five-year leeway.

“This surface is not right,” warned trainer Kevin Eikleberry during an Arizona racing commission meeting before the 2021-22 Turf Paradise meet when even the commission's head veterinarian bemoaned a lack of thorough and consistent surface maintenance standards.

With a change of crucial track personnel at the Arizona facility in the interim, however, expectations are noticeably higher one year on.

Coady

“HISA would absolutely react”

“We've had to make sure the banking is how we want it,” explained Wood, before ticking off a long grocery list of other preparations already conducted at the track, including removing “a lot” of material from the existing surface, and adding tons of new sand and bark, the latter for cushioning.

“All these things should help,” said Wood, before adding that “you're still going to have to have the other guys, the vets and such, do their job” to meaningfully shift the needle.

According to George Lopez, the newly minted track superintendent at Turf Paradise–himself a former protégé of the Wood academy of track management–the facility has also splashed out on new equipment.

This includes a new grader–used to redistribute surface materials–and two new water trucks. “We also have two good tractors now,” said Lopez, who describes his new job as a “challenge” to relish.

“I'm very confident and I'm very sure we're going to have a really good, safe meet this time,” he said.

But what if the meet resumes this November and safety expectations fall short once more?

Stressing the “multifactorial” nature of equine injury, McGovern said that in such an instance, the new federal authority would “immediately” get involved, though stopped short of outlining a clear set of potential actions.

“Getting involved may mean talking to management, talking to the track superintendent, sending Mick [Peterson] to look at the track surface, looking at necropsies, looking at training methods,” McGovern said. “HISA would absolutely react to any track that had numbers as significant as we have seen at Turf Paradise last year.”

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