Jersey Trainer Schistl Says Whip Fuss is Much Ado About Nothing

Not that any riders have or plan to ask him, but if anyone wants an educated opinion on the banning of the whip at Monmouth Park, retired-rider-turned-trainer Rafael Schistl will be glad to tell them what he thinks.

Schistl should understand the issue better than most. During a globetrotting career as a jockey, he rode in 164 races in Norway, winning 29 of them. The list includes three runnings of the country's top race, the Norsk Derby. Norway is the only other country where a whip ban is in place. They haven't been permitted there since 2009.

“They are making too big a thing out of this,” Schistl said of the Monmouth jockeys. “They need to just deal with it.”

Schistl was born in Brazil and rode in a number of countries in Europe, as well as in Dubai, during a career that started in 2005. Tired of battling weight issues, in 2019, he decided to not only become a trainer, but to do so in the U.S. He started his training career earlier this year at Tampa Bay Downs, where he won 10 races. He has 30 horses based at Monmouth.

Several jockeys who regularly compete at Monmouth have expressed their outrage over new rules instituted by the New Jersey Racing Commission that largely ban the use of the whip. Whips can be carried, but can only be used in situations where a jockey feels it is needed for safety reasons. The riders believe that such a restriction will put their overall safety at risk. A number of jockeys, among them Joe Bravo, leading rider 13 times at Monmouth, have said they are so concerned for their safety that they have chosen to sit the meet out and ride elsewhere.

Schistl, 32, says he had similar reservations when the rule was changed in Norway, where whips are only allowed in races for 2-year-olds. In all other races, jockeys are not even allowed to carry a whip.

“I was very mad about this,” he said. “They'd say, 'It's your choice. Either ride or don't ride. Do whatever you want.'”

Realizing he had limited options, Schistl put his concerns aside and began to accept the new rules. He believes the same will happen here, that jockeys will come to the realization that this is a fight they cannot win.

“Definitely, they will get used to it,” he said. “There is nothing they can do. There might be one or two jockeys that don't have to worry about money. The rest need to ride, with or without the whip.”

He came to realize that most horses do just fine without being encouraged by a whip.

“Most horses, they give you what they have,” he said. “A good horse will give you all that they have most of the time.”

Schistl said he will ride Isaac Castillo on his horses and has gotten an assurance from the journeyman that he will be available.

Despite his experiences in Norway, Schistl is not a fan of the New Jersey rule.

“I'd rather have the whip,” he said.  “If you ask me, keep the whip, but don't allow the horse to be hit more than five or six times. If a horse can't win when getting hit five, six times, they're not going to win if you can hit them more times.”

There has been a lot of speculation that racing at Monmouth will be dominated by speed horses because come-from-behind horses may not be giving their all when they can't be encouraged with a whip.  Schistl says that in Norway, the exact opposite is true.

“When you are in front with a horse you want to keep that horse awake,” he said. “Say you are two lengths in front in a six-furlong race. Horses will be coming from behind. You need the whip to wake the horse on the lead up. It's easier to come from behind than stay in front.”

Though he's been training in the U.S. for less than six months, Schistl is well-versed when it comes to the political climate in this country, where, much more so than 20 or 30 years ago, most people won't tolerate anything they perceive is cruel to animals.

“They're not going to change their minds,” he said. “The rule comes from higher people than people at the racetrack. This is coming from the government. It's about animal protection. What they should realize is that this will be the first racetrack in the USA to do this, but it's eventually going to happen at all of them. It will happen in time.”

While he realizes that the controversy is not going to go away any time soon, Schistl wishes that weren't the case.

“I hope all the jockeys will accept this and work it out,” he said. “They need to do that for the benefit of the sport.”

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With Whip Ban in Place, Showdown Looms at Monmouth

With 10 days to go before opening day at Monmouth Park, preparations are being made to kick off the 53-day meet that begins May 28. Track officials are ready to go and so are the trainers and about 1,100 horses already stabled at the seaside track.

But who will ride the horses?

That question remained up in the air Tuesday. The New Jersey Racing Commission has passed regulations that will go into effect on opening day that will prevent jockeys from using their whips, except for cases when there are safety concerns. Several jockeys, including 13-time leading rider Joe Bravo, have said that because of the whip ban they will not be riding this meet at Monmouth. They are concerned that the new rule will create potentially dangerous situations during the running of races.

“I can't believe it has come this far,” Bravo said. “They're trying to put us in a situation where we will not be safe. I won't be riding.”

Bravo said he was also concerned about the penalties in place for whip infractions. For the first offense, there will be a fine of $500 plus a five-day suspension and the penalties will increase with each subsequent offense.

“That can get very expensive very quickly,” he said.

Paco Lopez, last year's leading rider, had made earlier plans to ride in Florida at Gulfstream Park opening weekend. His agent Cory Moran said Lopez has not decided what do after the first few days of racing, but added that he “plans to stick with his fellow riders.”

Though some jockeys have yet to make their intentions known, it appears fairly certain that a number of regular riders will be missing come opening day. Under existing labor laws, the jockeys are not permitted to stage an organized boycott. However, any jockey can simply decide to spend their summer riding at another track.

Through the Jockeys' Guild, efforts have been made to have the commission reconsider the rule change, but the issue is not scheduled to come up until a commission meeting this summer, after Monmouth has opened. There doesn't appear to be any avenue to have the rules changed before the opening weekend.

Management is convinced there will be no problem finding enough riders to fill out a card.

“We will have plenty of riders,” said a racing official, who estimated at least 15 jockeys will be available on opening day. The list includes Ferrin Peterson, last year's second leading rider. According to the Asbury Park Press, Tomas Mejia is also planning to ride at the meet.

In 1988, jockeys went on strike at Aqueduct over riding fees, but there was no disruption of racing. Some of the lesser riders on the circuit crossed the picket line to ride and so did a number of riders from out of town. Monmouth has, outside of Belmont Park, the best purses in the Northeast, which may prove irresistible to some jockeys struggling to earn a living.

Meanwhile, Monmouth management is caught in the middle.

“I support the jockeys,” said  Dennis Drazin, chairman and CEO of Darby Development LLC, which operates Monmouth Park. “I'm most concerned about their safety and welfare and I think we need to do everything possible to make sure that they are safe and to prevent injuries.”

Yet, Drazin understands that the track cannot afford to lose any racing dates and he warned the jockeys that if they stage an organized boycott or accept mounts and then refuse to ride they will face a suspension by the racing commission.

“The safety of the jockeys at our racetrack should always come first, but I have no power to change this,” Drazin said.  “I can't pick up the phone and make this go away. It is our regulator that adopted this rule.”

Drazin said his biggest concern is that bettors will shy away from Monmouth because the races might prove to be less predicable because jockeys will no longer be allowed to use their whips as a tool to encourage their mounts.

“The whales I have talked to said, 'look, this is going to hurt your handle.'” Drazin said. “They say they support Monmouth, but they're wondering how do you bet a closer in race where the jockeys can't hit them? It concerns me to some extent that the bettors feel this way.”

At least one big bettor who is a regular Monmouth player said the whip rule will have no impact on his total wagering.

“It doesn't bother me because it's fifty-fifty,” said Anthony Altamonte. “Do some horses need it more than others? Probably. But it will even out in the end. The whip also hinders some horses. Sometimes it's noticeable that when you hit a horse they will run out. Some horses don't like it. To me, this won't make any difference. It won't affect my gambling.”

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Jockeys’ Guild Denied Stay Of New Jersey’s Stricter Whip Rules

Jockeys' Guild, Inc. (“Jockeys' Guild”) learned Monday, April 19, that the Superior Court of New Jersey, Appellate Division, denied its motion to stay the New Jersey Racing Commission's (“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.

Beginning in 2021, jockeys at Monmouth Park in Oceanport, NJ will not be allowed to use the whip “except for reasons of safety.”

“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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