Putting aside for a moment the unprecedented fiasco that began when the horses for the Breeders' Cup Juvenile Turf were loaded in the starting gate (and which continued for days while officials revised their take about what happened), there were many positive stories that came out of this 38^th edition of what is moving closer toward its self-proclaimed status as Thoroughbred racing's world championships.

Let's begin with the fact there were no serious injuries or fatalities sustained by any of the horses competing over the two days at the Del Mar Thoroughbred Club in Del Mar, Calif., on Nov. 5-6. Considering how the final race of the 2019 Breeders' Cup at Santa Anita ended with the fatal injury to Mongolian Groom, it was extremely important to have an injury-free event.

California, by necessity, has led the way on equine safety reforms after the spike in fatalities at Santa Anita in the winter and spring of 2019 that put the sport in the crosshairs of animal extremists, national media and a growing number of politicians.

One of those reforms, which has nothing to do with musculoskeletal injuries, is the elimination of the race-day administration of Lasix, the anti-bleeder diuretic whose use is not permitted close to competition in any major racing countries outside of North America. Some horsemen raised concerns about the absence of Lasix, especially on older horses that had been running on it previously, but we have yet to see the predictions of doom come true about numerous horses gushing blood from the nostrils or jockeys coming back with red-splattered pants.

It turns out American horsemen can do what the rest of the world has proven it can do: race Thoroughbreds without giving them race-day medication to treat exercise-induced pulmonary hemorrhage.

Another reform taken by California regulators is restricting the use of the riding crop, or whip. The crop can only be used in an underhand manner, according to the regulations, and jockeys are limited to six strikes and no more than two in succession. While there were violations and rulings against three jockeys for going over the limit or raising the whip above the shoulder, I heard no suggestions that the whip restrictions altered the outcome of any races. Two of those races – the Sprint and Distaff – were decided by no more than an inch or two.

The storyline that could have the biggest impact on the Breeders' Cup over the long term were the two victories by Japanese-based horses: Loves Only You as the third betting choice in the Filly & Mare Turf and 49-1 outsider Marche Lorraine in the Distaff.

Japanese horsemen have been dipping their toes in American racing waters for at least 35 years, dating back to 1986 when Japan Triple Crown winner Symboli Rudolf traveled to California to run in the San Luis Rey Stakes at Santa Anita. That's around the time Japanese breeders like the late Zenya Yoshida and his family, among others, began injecting significant funds to their upgrade breeding stock.

For the next 30 years, while there were a handful of Japanese runners who competed in the U.S., there was no serious effort by Breeders' Cup or racetracks to recruit those horses, largely because Japan – which has enormous wagering numbers annually – was a closed market for simulcasting. That changed in 2016.

Since select races are now permitted to be simulcast into Japan for separate pool wagering, we've seen Churchill Downs incorporate a Japanese Road to the Kentucky Derby, the New York Racing Association offer a bonus to a Japanese horse that wins the Belmont Stakes, and the Breeders' Cup actively recruit horses for its races.

That recruiting paid off this year, with seven Japanese runners in six Breeders' Cup races – by far the largest number ever. Separate pool wagering in Japan was permitted on three races, and fans there bet US$12.4 million (despite the extreme time difference, with post time Sunday morning in Japan between 7 and 9 a.m. The first of the three races, the Filly & Mare Turf handled US$3.7 million, the Mile US$3.9 million, and the Turf US$4.8 million.

Those numbers, supplied by Graham Pavey  (@LongBallToNoOne on Twitter), pale in comparison to what Japanese fans bet on the 2021 Prix de l'Arc de Triomphe from France. That race, run late on a Sunday night in Japan, handled nearly US$48 million.

The good news for the Breeders' Cup (and Triple Crown tracks Churchill Downs, Pimlico and Belmont) is that the successes by the Japanese runners will likely lead to more participation from that country's horsemen, which should lead to greater awareness of the Breeders' Cup and American Triple Crown by Japanese racing fans and increased handle.

One story that got lost in the swirling controversy surrounding the Juvenile Turf was the victory earlier on the Future Stars Friday program by Bobby Flay's Pizza Bianca, which gave the accomplished trainer Christophe Clement his first Breeders' Cup victory after 41 consecutive defeats. The late Hall of Famer Robert Frankel saw a similar string of frustration, losing 38 Breeders' Cup races in a row before breaking through with Squirtle Squirt in the 2001 Sprint at Belmont Park. Frankel would go on to win five more Breeders' Cup races, winding up with a 6-for-82 mark overall.

I wouldn't be surprised to see Clement add several more winners to his resume before long.

On to the bad news.

First, it is embarrassing to the sport that races can not be timed properly. Times were revised after the fact on two Breeders' Cup races on Friday and another on Saturday – all turf races. Inaccurate timing of races has become almost an epidemic in American racing at multiple tracks to the point that you no longer can trust the fractional times posted as the race is being run.

We should be getting better at this, not worse.

The mistaken scratch from wagering pools of Modern Games in the Juvenile Turf began with human error by a veterinarian who apparently was being asked to perform a regulatory job that he doesn't do on a regular basis.

The mistake was compounded by false statements from the California Horse Racing Board that were later retracted, miscommunications between stewards and Del Mar's mutuels department, and wagering rules that are outdated.

Breeders' Cup took no responsibility for what happened, saying in a statement it was the CHRB's problem. The CHRB insisted at first it was a Breeders' Cup-hired veterinarian who blew the call before realizing that same veterinarian reported to the CHRB's equine medical director.

With apologies to the men and women who make their living as clowns, this was a clown show. The industry must do better for the men and women who bet a record of nearly $183 million on this event. An independent review of what happened is needed, not a navel-gazing exercise conducted by the same people who made the initial mistake and then kept digging a deeper hole.

That's my view from the eighth pole.

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Among the changes is a limit of six overhand strikes in the final three furlongs of a race, with no more than two strikes in succession. Riders must then give their mount a chance to respond before using the crop again. There is no numeric limit to backhand strikes in the final three furlongs of a race or shoulder taps with the crop in the down position and both hands of the jockey on the reins.

Gulfstream issued a statement on behalf of the track's owner, reading: “The updated crop usage rules reflect 1/ST Racing's ongoing commitment to safety, integrity and accountability in the sport of Thoroughbred horse racing.”

Following are the new crop rules for racing at Gulfstream Park:

 Use of Riding Crop

(1) Although the use of a riding crop is not required, a jockey who uses a riding crop during a race shall do so only in a manner consistent with exerting his or her best efforts to win.

(2) In any race in which a jockey will ride without a riding crop, an announcement of that fact shall be made over the public address system.

(3) An electrical or mechanical device or other expedient designed to increase or retard the speed of a horse, other than a riding crop approved by the stewards, shall not be possessed by anyone, or applied by anyone to a horse at any time at a location under the jurisdiction of the racing commission.

(4) A riding crop shall not be used on a 2-year-old horse in races before April 1 of each year.

(5) Allowable uses of a riding crop include the following:

(a) The riding crop may be used at any time, without penalty, if, in the opinion of the stewards, the riding crop is used to avoid a dangerous situation or preserve the safety of other riders or horses in a race;

(b) Use of the riding crop in the overhand fashion for a total of six times from the 3/8th pole to the finish line, only to be used two times in succession and then must give a horse a chance to respond.

(c) If necessary during a race, a riding crop may be used in a backhanded fashion on the hindquarters from the 3/8th pole to the finish line. This use will not be counted toward the use of the crop six times in the overhand fashion.

(d) Tapping the horse on the shoulder with the crop in the down position, while both hands are holding onto the reins and both hands are touching the neck of the horse; and

(e) Showing or waving the crop without contact with the horse and giving the horse time to respond before striking the horse.

(6) Use of the riding crop to make contact with a horse to maintain focus and concentration, to control the horse for safety of the horse and rider, or to encourage a horse is allowed, with the following exceptions:

(a) In any manner, other than backhanded on the hindquarters as set forth in Paragraph (5)(c), tapping on the shoulder as set forth in Paragraph (5)(d), or resulting in more than six times in the overhand manner as set forth in Paragraph (5)(b);

(b) The riding crop shall not be used more than twice in succession and the horse must be given a chance to respond before using it again;

i. “Chance to respond” is defined as one of the following actions by a jockey:

1. Pausing the use of the riding crop on their horse before resuming again; or

2. Pushing on their horse with a rein in each hand, keeping the riding crop in the up or down position; or

3. Showing the horse the riding crop without making contact; or

4. Moving the riding crop from one hand to the other.

(c) With the rider's wrist above helmet height;

(d) On the head, flanks, or on any other part of its body other than the shoulders or hindquarters;

(e) During the post parade or after the finish of the race except if necessary to control the horse;

(f) Excessive or brutal use of the crop causing injury to the horse;

(g) Causing welts or breaks in the skin;

(h) If the horse is clearly out of the race or has obtained its maximum placing; and

(i) If the horse is showing no response.

(7) A riding crop shall not be used to strike another person.

(8) After the race, a horse will be subject to inspection by a racing official or official veterinarian looking for cuts, welts, or bruises in the skin. Any adverse findings shall be reported to the stewards.

(9) Use of the crop during workouts shall be permitted so long as such use does not violate section 6(c) through (i).

(10) The giving of instructions by any licensee that, if obeyed, would lead to a violation of this section may result in disciplinary action also being taken against the licensee who gave the instructions.

(11) Only padded/shock absorbing riding crops approved by the stewards, which have not been modified in any way, may be carried in a race.

(12) During a race, if a jockey rides in a manner contrary to this rule, at the stewards' discretion, the stewards may impose a minimum fine ($250 for overnight race; $500 for stakes races) or a suspension.  If in the opinion of the stewards the violation is egregious or intentional, the stewards have the discretion to impose both a fine and a suspension. Factors in determining whether a violation is egregious include, but are not limited to:

(a) recent history of similar violations;

(b) number of uses over the total and consecutive limits described; and

(c) using the crop in the overhanded position more than six times.

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Tuesday's session was sponsored by Airdrie Stud, Starlight Racing, and The Green Group. The panelists were Donna Barton Brothers, Chris McCarron, and Gary Stevens.

All three panelists acknowledged the physical and mental toll of being a professional jockey. Besides the inherent risk of injury, there are also the struggles associated with maintaining the proper weight as well as being able to accept frequent rejection.

“We put more pressure on ourselves than any one person we have ever dealt with [has],” Stevens said.

Despite the challenges, the three panelists mentioned the reward of the human and equine relationships they were able to develop and the traveling opportunities they were afforded as a result of their careers. The group also delved into riders' relationships with owners and trainers and the process of securing mounts. They all stated that the key to riding good horses was developing positive relationships with trainers.

“For the most part, owners trust the trainer's judgment,” Brothers said.

The final topic of the panel was the whip rule debate in different jurisdictions. McCarron was adamant on the importance of having the riding crop available for safety, a sentiment shared by Brothers and Stevens. McCarron also promoted the work of the Permanently Disabled Jockeys Fund, which provides financial assistance to jockeys who have suffered catastrophic on-track injuries

The next session of the series, “Racing Clubs,” will be held on Tuesday, September 7, at 2 p.m. ET. It is sponsored by MyRacehorse, the Daily Racing Form, and Mersant International Ltd. Panelists are Michael Behrens, MyRacehorse; Mary Cage, WinStar Stablemates; and Gary Palmisano, Churchill Downs Racing Club.

All sessions will be recorded and made available to registered guests. There is no registration fee for the live or recorded virtual conference series, but registration is required.

In addition to the virtual series, OwnerView will be hosting an in-person Thoroughbred Owner Conference in Del Mar, Calif., on November 3, to coincide with the Breeders' Cup World Championships. Registration information is available on the OwnerView website. Registration information and schedules for both the in-person and virtual conference are available at ownerview.com/event/conference or by contacting Gary Falter at gfalter@jockeyclub.com.

OwnerView is a joint effort spearheaded by The Jockey Club and the Thoroughbred Owners and Breeders Association to encourage ownership of Thoroughbreds and provide accurate information on aspects of ownership such as trainers, public racing syndicates, the process of purchasing and owning a Thoroughbred, racehorse retirement, and owner licensing.

The need for a central resource to encourage Thoroughbred ownership was identified in the comprehensive economic study of the sport that was commissioned by The Jockey Club and conducted by McKinsey & Company in 2011. The OwnerView site was launched in May 2012.

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Last week, in the wake of a pair of jockey suspensions at Monmouth for use of the riding crop during two different races, Paulick Report publisher Ray Paulick stated in a tweet that the ruling against Carlos Montalvo suggests that there are no exceptions to the “safety only” crop rule. He went on to say that jockeys in the state may as well “leave their whips at home.” Though he is a longtime advocate for whip reform, I respectfully disagree with Paulick's assertion because it implies that the NJRC has no flexibility when it comes to interpreting their own rules. They do. This is, in the opinion of this turf writer, too critical. Here's why.

Almost immediately, most who have viewed Race 1 on July 11 sought to offer their own perspective concerning Montalvo's mount, M I Six. The story expanded quickly, as it was entered into the jockey's testimony in front of the NJRC board of stewards. According to eyewitnesses, the longshot gelding was “uncontrollable” and about “to bolt,” even on his way to the starting gate. The jockey can be seen whipping M I Six down the backstretch, in what he viewed as necessary to defusing danger. The stewards begged to differ, deciding that Montalvo had violated the whip rule. His fate was a five-day suspension that begins in late August, plus a $500 fine. His attorney said they are planning an appeal.

Whatever you think was proper and just about that decision or not, herein lies the issue when it comes to opinions like these: let's leave the adjudicating to the professionals. In this case, it's the NJRC, tasked by the attorney general's office. to oversee the sport, that made the progressive decision to institute the most radical and wide-spread change in American racing history. They didn't do it on a whim, and their outline for its implementation can be found clearly on its website (https://www.nj.gov/oag/racing/rulemaking/Riding_Crop%20Proposal.pdf). Executive director Nason is a seasoned veteran, and an attorney, who cut her teeth in the legal avenues of New Jersey politics. She is in charge of a monumental task that is at hand. Some latitude needs to be given.

Sure, more specifics would be beneficial, as no one would dare say, “No thank you” to that. But the business that stewards and rule-makers engage in implies a certain closed-door mentality. Despite the public office, this is especially true when you are hammering out a revolutionary set of policies that are quite possibly going to be wildly unpopular. In N.J.A.C. 13:70-11.12(a), the commission is clearly attempting to be thoughtful when it comes to changing the culture of riding crop use, stating that “jockeys and exercise riders will need to encourage horses by means that do not involve actual or perceived harm to the horse.” That word “perceived” is absolutely key. Use of the riding crop to encourage a horse to run faster, according to them, “is no longer in the best interests of the sport.” This isn't just about “safety only,” it's also about change. And change is hard.

Speaking of tough moments, Monmouth Park and the NJRC were given a true test of its rules on what is without question its greatest moment — Haskell Day. Everyone held their collective breath when Paco Lopez went down after his mount, Midnight Bourbon, stumbled badly after clipping heels with Hot Rod Charlie in mid-stretch. Conjecture, spun and spun, with many asking: Would the whip have helped?  We will never know because jockey Flavien Prat aboard Hot Rod Charlie did not choose to apply it, and to make some sort of judgment either way is pure speculation. It is in the hands of the NJRC, as they plan to hold a hearing, which is part of their process.

Again, let's allow that to play out, too. Though no jockey or horse was seriously hurt, praise be, it is just another example of how dangerous this sport truly can be. Whip or no whip, accidents happen on a racetrack. But there is much more to the story than just that. It is insanely more complex.

Recall, there is no precedent for this rollout: no guidebook, no primer. The NJRC, led by Nason, is attempting to do something important – bring Thoroughbred racing into a new era. That is no small task on a case-by-case basis, and the NJRC certainly has a network of interests to please. Don't forget that, either.

During the NJRC's July meeting last week, Dennis Drazin, the chairman and CEO of Darby Development, which operates Monmouth Park, asked Nason for clarification concerning what constituted a “dangerous situation.” That's not a poor ask, but this is a question of empowerment. The NJRC holds it, make no mistake, and letting the unfolding of explanations, appeals, and changes over time play out is a necessary part of this evolution.

This isn't a “safety only” crop rule; rather, it is meant to revolutionize a sport that, by the way, has an image problem when it comes to the public's imagination. As for Flavien Prat, his fate lies in the hands of the stewards, as it should. These are the trials that are necessary when we are talking about something that is overdue, like crop reform. Safety is not all that is at stake, as perception is also present. That is why the whips cannot be left at home, and the reason why all of us need to back NJRC. Give them some room, then we can be more critical.

J.N. Campbell is a turf writer with Gaming USA. His work can be found at www.horseracing.net/us.

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The two cases are as different as night and day.

Jockey Carlos Eduardo Lopez, who recently came to the United States from Uruguay, was sanctioned for his ride aboard Venezuelan Talent in the seventh race at Monmouth Park on July 11. Kevin Witte, agent for Lopez, said the rider admitted that he “got caught up in the moment” and used the crop to encourage his mount when he was fighting for the lead in the stretch. Venezuelan Affair was overtaken in deep stretch by Emirates Affair, finishing second by a length.

“He only speaks Spanish, but he was told before the race he could not use the whip but that he had the choice to take it with him for protection,” Witte said. “He apologized and will accept the suspension.”

Lopez will be suspended from July 24-July 28, inclusive.

Carlos Montalvo plans to appeal the suspension and fine he received for his ride aboard M I Six, winner of the first race at Monmouth Park on July 11. Montalvo claimed in a hearing with Monmouth Park stewards that he used the whip to prevent M I Six from bolting on the turn – something the gelding's exercise rider said happened during morning training. According to the Equibase chart, Montalvo struck M I Six three times with the crop as the gelding was drifting out on the turn.

The New Jersey Racing Commission prohibits its stewards from talking to the media, referring all inquiries to the office of the New Jersey attorney general, which oversees the commission. The commission has obfuscated when asked to explain what types of situations would warrant acceptable use of the riding crop for safety.

The sanctions against Montalvo suggest the stewards are saying either a horse drifting out and with a history of bolting does not merit use of the riding crop, or they believe Montalvo and those who testified on his behalf at the hearing – including the exercise rider – are being dishonest.

M I Six was entered in a race earlier this week at Parx but was listed as a vet scratch.

Attorney Drew Mollica, who represented Montalvo at the stewards' hearing, will handle his appeal. His suspension is scheduled to run from Aug. 24-Aug 28, inclusive.

Stewards have scheduled a hearing next week with Flavien Prat to consider sanctions for his ride aboard Hot Rod Charlie in the Grade 1 tvg.com Haskell Stakes on July 17. Hot Rod Charlie finished first but was disqualified and placed last after drifting in without clearance after passing Midnight Bourbon in mid-stretch. Midnight Bourbon clipped the heels of Hot Rod Charlie and stumbled badly, unseating Paco Lopez. Neither horse nor rider was seriously injured.

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The New Jersey Racing Commission adopted strict rules that went into effect this year stating that the riding crop “shall only be used when necessary to control the horse to avoid injury to the horse or rider.” The crop is not allowed for encouragement.

Montalvo used the crop at least three times with his right hand on July 11, according to the Equibase chart footnotes, which read: “M I Six dueled two wide for the lead, drifted out entering the turn, had the rider go to a right-handed whip three times, then dueled with Military Drill in upper stretch, put a head in front and drew clear in the final sixteenth, ridden out.”

Montalvo told the Paulick Report he sensed M I Six was preparing to bolt to the outside fence, something he was told to expect by the gelding's exercise rider. Montalvo said he used the crop as a preventive device to protect himself, his fellow riders and the other horses in the race.

The jockey said he was called in to a July 16 hearing before having the benefit of a film review of the race with stewards. He was represented at the hearing by attorney Drew Mollica, who said Montalvo “should be congratulated for his actions, not sanctioned.” Montalvo faces a five-day suspension, $500 fine and M I Six could be disqualified from purse money.

This is the first known case in New Jersey where stewards have to determine whether the use of the riding crop was a legitimate safety issue.

Mollica said M I Six, a 4-year-old Mission Impazible gelding owned and trained by Riquelvis Grullon, was fractious throughout the saddling process and in the walking ring before the July 11 race. The aforementioned exercise rider testified at the hearing, Mollica added.

M I Six was subsequently entered in a July 21 race at Parx Racing in Pennsylvania but was a vet scratch.

The racing commission's presiding steward, Steven Pagano, declined to answer questions about the new regulation, referring all media inquiries to the office of the New Jersey attorney general. A spokesman from that office stated that “the new rule does not specify what kind of safety concerns would result in approved use of the riding crop by a jockey. The NJRC's presiding steward has been conducting meetings with the jockeys and exercise riders to explain the new riding crop rule and answer questions.”

Meanwhile, no hearing date has been set for Flavien Prat, the rider of Hot Rod Charlie, who was disqualified from a victory in the Grade 1, $1-million tvg.com Haskell Stakes on July 17. Hot Rod Charlie drifted in after moving to the lead in mid-stretch, causing Midnight Bourbon to clip heels and unseating jockey Paco Lopez. Mandaloun, beaten a nose by Hot Rod Charlie, was declared the winner.

Prat has been quoted as saying he felt as though he could have prevented Hot Rod Charlie from drifting in if he was permitted to use the riding crop.

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Before getting legged up for his West Coast invasion, Bravo joined publisher Ray Paulick and bloodstock editor Joe Nevills in this week's edition of the Friday Show to talk about what it takes to win at the track where he earned the moniker “Jersey Joe.” For example, Bravo said the speed of the racetrack and front-end or closing biases at Monmouth can be influenced by the tides of the nearby Atlantic Ocean. He suggests watching the color of the dirt track to see if it gets darker or lighter during a day's races as the tides go in or out. That can change how races are run, Bravo said.

Bravo is enthusiastic for the Horseracing Integrity and Safety Authority, a national oversight body for medication and safety regulations in horse racing scheduled to be in place in July 2022. Bravo is looking to HISA to bring uniform national rules for use of the riding crop – currently prohibited in New Jersey for anything other than safety – and medication.

Watch this week's show, presented by Monmouth Park, below:

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In this week's edition of the Friday Show, Ray Paulick and bloodstock editor Joe Nevills review a race from Oaklawn last weekend that saw jockey Ramon Vazquez striking his mount, Rated R Superstar, at least 30 times in the stretch run while finishing second in the Essex Handicap. Vazquez was fined $500 by stewards at the Arkansas track for “striking his horse excessively while not allowing a proper response time.” His cut of the purse was $10,000. Three years ago, the same jockey was fined $1,000 for striking a horse 48 times in the final 3 1/2 furlongs of a race at Prairie Meadows in Iowa.

Racing regulators in various states are beginning to adopt much stricter rules and penalties regarding use of the whip, and the devices themselves are now cushioned and much less likely to leave welts. While some horseplayers and horsemen feel that repeatedly striking a horse to get maximum effort is necessary, the ethics and optics are troubling to many others.

Watch this week's edition of the Friday Show that also includes our Star of the Week and a Toast to Vino Rosso that focuses on one of the 2019 Breeders' Cup Classic winner's first foals.

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Smith has written to the California Horse Racing Board urging its members to reconsider changes recently put in place. And this week he joins publisher Ray Paulick and editor-in-chief Natalie Voss on the Friday Show to elaborate on those concerns.

“I'm all for change, and I'm all for helping,” Smith said of the need for some riding crop reforms. “I want to make sure the horse is as safe as possible, because the only time I'm safe is if the horse is safe. If I put that horse in any danger, guess who's next? I hit the ground right after he does. That's my life that's out there, not the spectators and not anyone else that's not on that horse's back.”

And that's the dilemma horse racing faces. Can the sport successfully tackle public perception issues related to the riding crop while still giving riders the tool they say they need to remain safe and to give horse owners and gamblers a fair and honest run for their money?

“As long as we can show that we're doing the best that we can, that we're keeping (the horses) safe, that we're not harming them, that it's protection for us as well, that's all we can do,” Smith said.

Watch this week's Friday Show below and let us know what you think on this subject.

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