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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Charles Town Classic, Oaks Will Again Be Held On Same Program In 2021

Following up on its successful August card which saw the Charles Town Classic (G2) and Charles Town Oaks (G3) run on the same day for the first time, Hollywood Casino at Charles Town Races will once again showcase its two graded stakes on the same program in 2021, following approval by the West Virginia Racing Commission at its Tuesday morning meeting.

The $800,000 Charles Town Classic and $400,000 Charles Town Oaks will headline the action on an Aug. 27 card that will include 9 stakes races totaling $1,850,000 in purse money. The Friday night card on Aug. 27 will get underway at a special first post of 5:00 P.M. EST.

Run for $600,000 in 2020, the Classic received a purse bump of $200,000 for 2021 while the Oaks received the same increase up to the $400,000 level for next year. The three unrestricted stakes on the Classic night undercard – the Russell Road, Misty Bennett Pink Ribbon and Robert Hilton Memorial – also received $50,000 hikes to $150,000. Four West Virginia-bred stakes, each worth $50,000, round out the stakes lineup.

The four West Virginia bred stakes on Aug. 27 will be just four of 16 state bred stakes worth $50,000 each at Charles Town in 2021 with the first coming on April 17 when older fillies and mares take the track for the Original Gold Stakes run over Charles Town's two-turn seven furlong distance.

The signature event for West Virginia-breds will take place on Oct. 9 as the West Virginia Breeders' Classics take center stage for its 35th renewal. The purses for the races comprising West Virginia Breeders' Classics XXXV will be announced at a later date.

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Charles Town Adds Four Wednesday Programs To 2020 Racing Calendar

Hollywood Casino at Charles Town Races has added a quartet of Wednesday programs to its remaining 2020 live racing calendar, following approval by the West Virginia Racing Commission at its meeting on Wednesday morning.

The four additional live cards on Nov. 25, Dec. 2, Dec. 9, and Dec. 16 all kick off at 7:00 P.M. EST, and come as a result of positive COVID-19 tests emanating from the jockeys room necessitating a cancellation of the prior two weeks of racing.

Live racing at Charles Town is slated to resume tomorrow evening, Thursday, Nov. 19, with the same first race post of 7:00 P.M.

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Mid-Atlantic Sees Significant Drop In Racing Fatalities Following Reforms

COVID-19 forced Thoroughbred racing into what was for most a two-month hiatus, but the stakeholders in the Mid Atlantic turned the down time into an opportunity to focus on its Strategic Plan to Reduce Equine Fatalities.

Regulators, racetracks, horsemen's and breeders' groups representing all seven states in the region – Delaware, Maryland, New Jersey, New York, Pennsylvania, Virginia, and West Virginia – committed to the Mid-Atlantic Strategic Plan to Reduce Equine Fatalities in 2019. Collectively, they have been working to adopt regulations, protocols and best practices to enhance the safety and integrity of the sport. Their efforts are having an impact. The equine fatality rate in the region has dropped from 1.78 per thousand starts in 2019, to 1.21 per thousand to date this year, a decrease of 33%.

The architects of the Strategic Plan, Thoroughbred Horsemen's Association Chairman Alan Foreman and New York State Equine Medical Director Dr. Scott Palmer, provided a progress report on the efforts of the Mid-Atlantic stakeholders Wednesday.

“It is heartening to see that the commitment and hard work of so many in the Mid Atlantic is bearing fruit,” Foreman said. “We have representatives from every faction of the Thoroughbred industry in the region at the table. Everyone has the chance to be heard and their specific issues considered. We are proud to say that, working together, we have been able to make significant advances on issues of medication reform and horse health.”

Dr. Palmer remarked, “In a climate of polarity and discord, the efforts in the Mid Atlantic serve as a shining example of what we can accomplish when we are united behind the cause of equine safety and welfare.”

Every state in the Mid Atlantic has adopted the following reforms:

  • A prohibition on NSAID “stacking” – the use of more than one NSAID the week of a race
  • Transfer of joint injection records for claimed horses
  • Necropsies on equine fatalities
  • Mortality Review Board
  • Voidable claim rules

Dr. Tim Parkin, a renowned epidemiologist from the University of Glasgow, released the findings of his latest study using data from The Jockey Club's Equine Injury Database in June, noting that those tracks that have instituted a void claim rule in the last 10 years saw a 27% decrease in equine fatalities for those races. The states in the Mid Atlantic have all implemented this additional layer of protection; claims are voidable at the discretion of the claimant if the horse is vanned from the track after the race or is observed to be lame prior to delivery to the new trainer.

Additional reforms have been implemented in all states except West Virginia, including:

  • 48-hour withdrawal time for NSAIDs
  • Enhanced penalties for NSAID overages
  • 14-day withdrawal for joint injections

The West Virginia Racing Commission considered legislation to adopt the new guidelines for NSAIDs and joint injections, but it ultimately was voted down by the Commission.

“We are disappointed that West Virginia remains an outlier in this area,” Foreman said. “Regulatory changes in the state must go through the legislature, which takes time, but we will continue to work with all parties to get this done.”

There is a strict prohibition on the use of bisphosphonates in all horses under the age of four throughout the region, with a total ban in place in Maryland and Pennsylvania. In May, the Mid Atlantic agreed to adopt restrictions on the use of thyroid supplements, now requiring that a horse be diagnosed with hypothyroidism through a thyroid releasing hormone stimulation test; the treatment plan must be reviewed and approved by the equine medical director or chief regulatory veterinarian in the state. In October, the group moved to restrict the use of clenbuterol. The new rule requires regulatory approval for treatment with clenbuterol, mandates that the horse be placed on the Veterinarian's List, and bars the horse from racing until it tests negative in both blood and urine and completes a satisfactory workout observed by a regulatory veterinarian.

In addition to the regulatory changes, the Mid Atlantic has approved Best Practices in a dozen areas, including:

  • Biosecurity
  • Crisis Management Communication
  • Equine Aftercare
  • Layoff Report
  • Pre-Race Inspections
  • Safety Officer
  • Shock Wave Therapy

Maryland led the charge on the mandatory Layoff Report, a standardized form that provides regulatory veterinarians with vital information for all horses that have not raced for 150 days or more, including the reason for the layoff, medication and joint injection records, and surgical reports. The Layoff Report has been fully implemented in Delaware, Maryland, Virginia and West Virginia, and is in process throughout the Mid Atlantic.

The most high-profile of this year's changes has been the crop rule. The stakeholders in support of the Strategic Plan created a Committee of 24 regulators and stewards to review the many proposals on the table. All interested parties were invited to participate, with the Jockeys' Guild providing significant input during a series of conference calls. A draft was approved during a presentation to more than 50 representatives of the region's racetracks, horsemen's groups and regulatory agencies.

The draft underwent one final review after the Kentucky Horse Racing Commission approved a rule June 19, and was modified once more to align with provisions in the Kentucky rule. Starting Aug. 1, the rule went into effect in Delaware and Maryland. Pennsylvania followed suit in October. West Virginia has begun the legislative process necessary to adopt it in 2021.

“Uniformity has been a hallmark of the efforts in the Mid Atlantic for more than a decade, going back to the ban on anabolic steroids in 2008,” Foreman said. “Our annual Regulatory meetings have grown year after year, with the focus expanding from medication and testing to include equine welfare and racing integrity. The crop rule is a natural extension of our efforts. We felt it imperative to have a consistent crop rule in every jurisdiction, and we made every effort to ensure that all stakeholders had the chance to weigh in on it.”

A 30-page Strategic Plan Manual, still a work in progress, has been created as a reference for all Mid-Atlantic jurisdictions. There is also a Horsemen's Guide to the Strategic Plan, providing an overview of the regulations and best practices that impact the day-to-day business of training Thoroughbred racehorses.

A second Guide outlines the Risk Factors that have been identified through Dr. Parkin's work with the Equine Injury Database and the Grayson-Jockey Club Research Foundation, which horsemen can use to assess their stable and modify care and treatment as necessary for horses at increased risk.

“From day one when concept of the Strategic Plan was first under discussion, this has been a collaborative effort, with all of our stakeholders focused on one thing – doing what is right by the horse,” said the Strategic Plan's Project Manager, Andy Belfiore. “The level of dedication and the amount of time and energy devoted to this initiative from all involved has been remarkable. It has taken a lot of work from the regulators and the state veterinarians, to racetrack's management teams, to the owners and trainers and jockeys, to get to where we are today.”

As the first phase of the Strategic Plan nears completion, the focus turns to the topics including the racetrack maintenance quality system; jockey health; the transfer of horse health records for all claimed horses; and continuing education.

Dr. Kelly Ryan of MedStar Horsemen's Health in Maryland worked with HeadCheck Health to develop a system that establishes concussion protocols for jockeys, as well as providing a HIPAA-compliant portal for jockey health information, and a communications network to ensure that all racetracks on the system are notified if there is an accident or injury affecting a jockey's status to ride. Maryland began a pilot program last fall, and Delaware Park enrolled its riders when racing resumed this spring. Additional jurisdictions are now working with HeadCheck to explore implementation, with the goal of having every Mid-Atlantic racetrack on the network by next year.

The Mid-Atlantic alliance unanimously approved a Continuing Education rule that will go into effect in 2021. Trainers and assistant trainers will have a year to fulfill the requirements, which include four hours annually of CE training, with a minimum of two hours to focus on equine health, safety and welfare. Fulfillment of CE requirements will be a condition of licensing in 2022 for all Mid-Atlantic states. New York already has a CE rule on the books, Maryland has begun the adoption process, West Virginia included it in its legislative package for 2021, and the remaining states have committed to adoption next year.

“New York has been a leader in many areas, including Continuing Education, but the Mid-Atlantic Strategic Plan is not about one jurisdiction calling the shots for the entire region,” Dr. Palmer concluded. “Working together, we have been able to reach consensus. We have right-minded people in the room who want to do the right thing, and we have a track record for getting things done. What we've accomplished is amazing, and we look forward to continued progress in the coming year.”

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