FTC Calls For Dismissal Of Challenge To Horseracing Integrity And Safety Act

Attorneys for the Federal Trade Commission have filed a motion to dismiss a lawsuit filed in the U.S. District Court for Kentucky against the Horseracing Integrity and Safety Act, reports the Daily Racing Form, using similar arguments to those in a dismissal motion against the National HBPA's suit challenging HISA filed in U.S. District Court for the Northern District of Texas.

The Kentucky lawsuit was filed by a trio of states and their respective racing commissions: Louisiana, Oklahoma, and West Virginia. FTC attorneys argued that the creation of the HISA regulatory body does not violate constitutional doctrines regarding Congress' delegation of powers to a private entity.

“Adjudicating the merits of plaintiffs' legal claims now would require the court to evaluate HISA's framework in the abstract, unaided by any concrete facts or interpretative rules from the agency that Congress charged with the statute's implementation,” the motion states. “There is no justification for the court treading this path under any circumstances, and it is doubly improper in a constitutional
challenge.”

Read more at the Daily Racing Form

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Charles Town Jockeys Refused To Ride Over Ongoing ‘Inconsistencies And Issues’ With Paychecks

The following statement was issued by The Jockeys' Guild on Monday, following the cancellation of races on Saturday, Aug. 14 at Charles Town Races in West Virginia:

“The decision by the jockeys at Charles Town to refuse to ride on Saturday, Aug. 14 was made with just cause and only after many discussions with management concerning timely payment for jockey's mounts. Receipt of payment in a timely fashion has been a problem on and off for several years at Charles Town and Saturday was not the first time the jockeys have considered refusing to ride over the issue.

“Representatives of the Jockey's Guild and members of the Charles Town jockey colony have had discussions with management and stewards several times in hopes of getting a permanent resolution. Concerns include, but are not limited to, changes to the day of the week the jockeys may get paid without notifying the jockeys and there have been instances when checks have been issued, jockeys were advised that there are insufficient funds in the account to cover the paychecks.

“Most jockeys live paycheck to paycheck and they felt they had no other recourse but to bring attention again to this on-going situation. The inconsistencies and issues of receiving payments consistently occurs nowhere else in the country, including at Mountaineer racetrack, which is also in West Virginia. Everyone can relate to doing a job and being paid in a timely manner. Jockeys are no exception. The jockeys at Charles Town put themselves in harm's way in each and every race and to not be paid in a timely manner is simply unacceptable.

“This is an issue that the management and stewards at Charles Town need to resolve immediately.”

Charles Town's vice president of racing operations Erich Zimny told the Paulick Report on Saturday that the issues, which resulted in the cancellation of races when jockeys refused to ride, revolved around delayed payments into the jockeys' account.

“We've tried damn hard to make racing, including all of the administrative functions involved, as normal as possible despite the situation we're all still in being far from normal.” Zimny said. “There was a temporary delay in money getting transferred for jockeys' checks into the normal account. The riders were told they could instead cash their checks at the casino cage and there would be no issue. Apparently, the delay was enough to choose not to ride and create a negative impact for everyone.”

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Sprawl Ready For Rematch With Mighty Heart In West Virginia Governor’s Stakes

Three years after he won the West Virginia Derby, Departing returned to Mountaineer Casino, Racetrack & Resort in 2016 as the favorite for the $200,000 West Virginia Governor's Stakes, which at that time had not yet achieved graded status.

Bred and owned by Claiborne Farm and Adele Dilschneider and trained by Tom Drury, Departing was dispatched as the favorite in a field of nine. Then six years old, Departing took the lead turning for home and opened a two-length lead. But he was passed in the final sixteenth of a mile by Hawaakom and had to settle for second.

“Turning for home it looked like he was home free,” said Drury, who was and still is based in Kentucky. “He started to open up, and then he got caught. It was a very good effort, but I have to say it was the longest ride home in the history of horse racing.”

Kentucky-bred Departing retired after that race with nine victories in 27 starts and earnings just shy of $2 million. This year, the same connections will take another shot in the 1 1/16-mile Governor's Stakes, which has since achieved Grade 3 status.

The 4-year-old colt Sprawl, also bred and owned by Claiborne and Dilschneider, is one of seven entered in the stakes on the Aug. 7 West Virginia Derby program. The son of City Zip has performed well at a high level, having finished third in the Grade 2 Stephen Foster Stakes at Churchill Downs June 26, but is seeking his first stakes score.

Sprawl finished third, only a head behind the victorious Mighty Heart—also entered in the Governor's Stakes—in the Blame Stakes at Churchill, and fourth, only three-quarters of a length behind, in the Grade 3 Ben Ali Stakes at Keeneland. In between those two races, the colt won an allowance test at Churchill by 7 ¼ lengths.

Sprawl has been training forwardly at the Churchill Training Center in preparation for the Mountaineer race.

“Any time you get to the races for older horses you have your work cut out,” Drury said. “Our horse is good. His Churchill and Keeneland races were good, and I don't know if he has been the luckiest horse in some of his races. His Stephen Foster race was huge for him, and we're looking for a little class relief.”

Along with Sprawl and Mighty Heart, a Grade 3 winner in Canada, the Governor's Stakes has also attracted Bourbon Calling, Grade 3-placed in 2020; Colonelsdarktemper, winner of the 2017 West Virginia Derby who is three-for-three this year against claiming and starter allowance foes; and Exulting, who was claimed for $7,500 in March and last time out finished second in the Schaefer Memorial Stakes in Indiana.

Drury, who also has horses stabled at Skylight Training Center outside of Louisville, Ky., said the Governor's Cup has implications beyond the race itself. Claiborne Farm has a long, successful history breeding Thoroughbreds, and Drury indicated the farm still has the dam of Sprawl.

“It's a Grade 3, it's black type, and so it's very important to us, not only to win it but for the family,” Drury said regarding the breeding aspects. “He has done very well on the (Churchill Training Center) track heading into this race, and I think he can take that track with him.”

First post time for the West Virginia Derby program is 2 p.m.

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Star Of Night Named West Virginia’s 2020 Horse Of The Year

The West Virginia Thoroughbred Breeders Association presented its 2020 year-end awards on May 23 at The Barns at Maple Valley in Shenandoah Junction, W.V., led by Horse of the Year Star of Night.

Star of Night won six of seven starts during her 2020 campaign, all at Charles Town, earning $152,405 for owner Huntertown Farm and trainer Jeff Runco.

The season was a steady climb up the class ladder, starting with a 5 1/2-length maiden special weight win on Jan. 30. A jump to the allowance ranks yielded similar results, going gate to wire to win by 5 3/4 lengths on Feb. 29. She suffered her lone defeat of the season in the following start, beaten just a head in a 6 1/2-furlong allowance on May 15.

The Creative Cause filly got back on the winning track with force on June 27, winning a 6 1/2-furlong allowance by an astounding 10 3/4 lengths.

Star of Night moved up to stakes competition of that win, and the story remained the same. She won the Sylvia Bishop Memorial Stakes by 5 1/4 lengths on Aug. 28, then she took the West Virginia Tourism Office Breeders' Classic Stakes by 4 3/4 lengths on Oct. 10.

Her season finished with her biggest test, stretching out to 1 1/8 miles for the My Sister Pearl Stakes. It was also her biggest fight of the year, battling against Bridging the Gap, the horse that handed her the lone defeat of the season, and prevailing by a half-length.

Star of Night was bred in West Virginia by Heinz Steinmann, out of the Mailbu Moon mare Splendiferous Moon.

Following is a complete list of winners from the WVTBA awards:

Horse of the Year: Star of Night
2017, Creative Cause x Splendiferous Moon, by Malibu Moon
Breeder: Heinz J Steinmann
Owner: Huntertown Farm, LLC
Trainer: Jeff C Runco

Champion 2-Year-Old Filly: Shutupn'kissme
2018, Fiber Sonde x Kiss on Command, by Langfuhr
Breeder/Owner/Trainer: John McKee

Champion 2-Year-Old Colt: Youthinkthatsfunny
2018, Fiber Sonde x Humored, by Distorted Humor
Breeder/Owner/Trainer: John McKee

Champion 3-Year-Old Colt: Fancy Concho
2018, Fiber Sonde x Shes Pretty Fancy, by My Boy Adam
Breeder: Tim & Judith Grams
Owner: Grams Racing Stable LLC
Trainer: Timothy C. Grams

Champion Older Filly/Mare: Anna's Bandit
2014, Great Notion x Onearmedbandit, by No Armistice
Breeder: John Robb
Owner: No Guts No Glory Farm
Trainer: John Robb

Champion Older Colt/Gelding & Champion Sprinter: Dr. Feelgood
2015, Fiber Sonde x Happy Numbers, by Polish Numbers
Breeder: Francis W. Daniel III
Owner: Jill Daniel
Trainer: Crystal G Pickett

Champion West Virginia-Sired, Non-WV-Bred Runner: Bridging The Gap
2016, Fiber Sonde x Seet Sang, by Fusaichi Pegasus
Breeder: Don E. Cain,
Owner/Trainer: John McKee

West Virginia Broodmare of the Year: Happy Numbers
2000, Polish Numbers x Happenchance, by Alydar
Owner: Francis W Daniel, III

West Virginia Stallion of the Year: Fiber Sonde
2005, Unbridled's Song x Silken Cat, by Storm Cat
Owner: John McKee

West Virginia Breeder of the Year: John & Cindy McKee, Beau Ridge Farm

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