New Jersey Enacts Nation’s Most Stringent Whipping Ban

Starting at next year’s Monmouth Park meet, whipping a Thoroughbred will not be allowed by any New Jersey jockey or exercise rider except for the express purpose of ensuring the immediate safety of the horse or rider.

Spanning three new rules covering prohibition, allowable usage for safety, and whip construction, the trio of regulations were voted in 4-0 by the New Jersey Racing Commission (NJRC) at its Sept. 16 meeting, making the state the first in the nation to ban whipping beyond protection in an emergency situation.

If a jockey or exercise rider uses the riding crop in a manner contrary to the new rules, he or she will be subject to a fine, suspension, or forfeiture of the jockey’s share of the purse “if, in the opinion of the stewards, the unauthorized use of the whip caused the horse to achieve a better placing,” the new rules state.

Judith Nason, the NJRC’s executive director, said the new regulations could be approved by the state office of administrative law in time to go into effect at the tail end of this autumn’s Meadowlands-at-Monmouth meet.

But after fielding a question about timing from Dennis Drazin, the chairman and chief executive of Darby Development LLC, which operates Monmouth, Nason said the commission is open to waiting until 2021 to begin enforcement in Thoroughbred races (the rule also covers Standardbred racing).

“That would give us a chance to meet with the jockeys and educate the jockeys regarding the new rule,” Nason said.

If a rider does use the whip on a horse, the rules state that the strike shall not be “in a manner that causes any visible sign, mark, welt, or break in the skin of the horse, or that is otherwise excessive.”

The rules continue: “If the riding crop is used, under the supervision of the stewards, there shall be a visual inspection of each horse following each race for evidence of excessive or brutal use of the riding crop.”

The whips must be “soft-padded [and] have a shaft and a soft tube” that does not exceed eight ounces in weight or 30 inches in length, with a minimum shaft diameter of three-eighths of one inch.

“The shaft, beyond the grip, must be smooth, with no protrusions or raised surface, and covered by shock absorbing material that gives a compression factor of at least one millimeter throughout its circumference,” the regulations state.

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Caballero Suspended for Whip Infraction at Parx

Parx Racing suspended jockey Hector Caballero for 10 days because of his “misuse of the riding crop” after the finish of the 10th race at Parx July 27. The incident occurred aboard Belongs to Babe in a maiden for fillies 3-year-old’s and up. On the date in question, Caballero and Belong to Babe crossed the wire in second behind Solid Gold Dancer, who was subsequently disqualified for interference with another rival. During the gallop out, Caballero struck his mount on the shoulder, which is in violation of the State’s recently implemented rules relating to whip use.

Following a July 30 hearing, the Pennsylvania State Horse Racing Commission stewards issued the ruling Aug. 3. The suspension is to run from Aug. 6-15.

Among the rules deemed by stewards to have been violated by Caballero:

  • “Prohibited use of the riding crop includes but is not limited to striking a horse: During the post parade or after the finish of the race except when necessary to control the horse.”
  • The stimulus provided by the use of the riding crop shall be monitored by the Stewards at all times so as not to compromise the health, safety and welfare of the horse.”
  • “A licensee shall not, alone or in concert with another person, engage in inappropriate, illegal or unethical conduct which violates the Commission’s rules and regulations of racing, is inconsistent with the best interests and integrity of racing or otherwise undermines the general public’s faith, public perception and confidence in the racing industry.”

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New Maryland Whip Policy Starts Six-Strike Count at Quarter Pole

Effective Aug. 1, from the quarter pole to the finish wire, Maryland jockeys will be limited to six whip strikes–either overhanded or underhanded–with no more than two of those blows in succession without giving the horse a chance to respond. Prior to the quarter pole, jockeys will be allowed an unlimited number of strikes, provided they are delivered in an underhand manner, which is considered less harmful to horses.

The Maryland Racing Commission (MRC) unanimously voted to approve the policy modification during its Thursday teleconference meeting. It’s based on a regional idea proposed in May by the Thoroughbred Horsemen’s Association to create uniformity in whip rules among the mid-Atlantic tracks, although each state’s racing commission still must choose whether to adopt the recommendations either in part or in whole.

MRC executive director J. Michael Hopkins explained that for right now, the voting-in of the new policy is to be a guide for Maryland stewards, similar to the way the current discretionary policy that got implemented in January at Laurel Park (10 strikes total, no more than three in succession) is being used.

For the new policy to be backed by an official MRC rule, Hopkins said, the commission must next craft a proposed schedule of penalties that will have to be voted upon at a future meeting.

“The intention is not to limit the use of the whip, but bring it more under control,” Hopkins said.

Hopkins added that Pennsylvania, Delaware, Virginia, and West Virginia are the other regional jurisdictions where the new policy is expected to be acted upon and possibly implemented.

In crafting the mid-Atlantic policy, Hopkins said industry stakeholders took into consideration that jockeys have different safety and horse-encouragement needs depending on the size of each racetrack. What is appropriate on ovals less than a mile in circumference–like at Charles Town or Timonium–might not be right for the wide, sweeping turf course at Colonial Downs.

After the vote, during the public commentary session, Steve Koch, senior vice president of racing for The Stronach Group, which owns Laurel Park and Pimlico Race Course, said his company does not support this particular initiative because it looks “quite different” from what has been proposed in a number of other jurisdictions, and thus does not promote the desired goal of nationwide uniformity.

Mindy Coleman, an attorney representing The Jockeys’ Guild, also voiced objections after the vote was taken. She said the policy was “too restrictive and limits the jockey’s ability to communicate with the horse and encourage [it] to achieve its maximum placing.”

Coleman added that, “We’re willing to agree to the proposal if the rider was allowed to use the riding crop [without limitation] in the underhanded fashion to the eighth pole, and restricting the use of the riding crop six times in the overhand fashion throughout the race.”

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Kentucky Committees Approve Changes To Whip Rules, Sends Language On To Full Commission

On the heels of changes to the rules governing whip use in California last week, regulators in Kentucky have approached the same issue, albeit with somewhat different results. In a joint meeting held via teleconference Monday, the Kentucky Horse Racing Commission's rules committee and its safety and welfare committee voted unanimously to approve a compromise between language proposed by The Jockeys Guild and the Thoroughbred Safety Coalition.

The Thoroughbred Safety Coalition, represented at the meeting by officials from Churchill Downs and Keeneland, brought forth guidance that would limit overhanded strikes to five in the stretch, and permit underhanded strikes at the start of the race (to correct a horse's course or get their attention as the race begins). The guidance also allowed a rider to use the whip as necessary to course correct in an emergency, but suggested riders may be required to pull a horse up if they exhausted their strike limit during a corrective incident.

Various members of the Jockeys Guild were on hand to push back on the changes, reiterating as they had during the California Horse Racing Board meeting last week that they were hoping Kentucky would adopt the Guild's suggested rules as a start to creating a “national rule.” Presumably such a “national rule” would operate similar to the model rules for medication and other regulation published by the Association of Racing Commissioners International — adoption would still be voluntary and state-to-state.

Hall of Fame rider John Velazquez pointed out that riders will often use the whip for correction before the horse has actually veered off course. If they exhaust their strikes to course correct before there's a problem, riders worry about stewards debating their judgment, and also whether it makes sense to pull a horse up after it has veered out, as many horses have come back to hit the board after altering course.

“How's that going to look for the bettors?” said Velazquez. “That's not [good] for the integrity of the race. There are so many things that happen in the race. We have to let the horse know that we have control.”

Guild representatives, including Hall of Fame rider Mike Smith, pushed to expand the maximum number of over-handed strikes to six, and requested riders be given the same limit for underhanded strikes in the stretch to allow them more flexibility to tailor a response to an individual horse or scenario.

“It's a drastic change,” said Smith. “It looks better. It'll really work.

“There's so many times a horse will open up because it's passing horses, but when it gets to the front of the field, it'll pull up. Horses are not all leaders. Most of the time, they're pack animals. There's very few of them that actually want to be leaders. Some of the time you have to touch them behind. Touching them on the shoulder, that doesn't really do anything.”

Charlie O'Connor, member of the rules committee, disagreed with Smith.

“If you're looking for six and six, then all of a sudden that's twelve,” said O'Connor. “Mike, I respect your opinion. You're a world class jockey. But if we're seen to be hitting these horses twelve times over and under, it's not going to wash.”

Mike Ziegler, executive director of racing for Churchill Downs, echoed O'Connor.

“We can't hit horses anymore,” said Ziegler. “That's the ultimate reason we're talking about this.”

Velazquez wondered whether this was a sign regulators and racetracks ultimately want to get rid of the whip altogether.

“The day that you actually put away the whip altogether, there will be more accidents in the United States,” said Velazquez. “I'm telling you, it'll be too dangerous to run. We'll kiss goodbye to racing if you're looking not to hit the horse at all.”

“This is what we're doing at the moment,” said O'Connor in response. “If we don't put in these rules, the crop is going to be taken off. And I agree with you, it'll be the end of racing — but we're trying to keep the crop, because we're in great danger of you guys losing it. We all know, those of us sitting in this meeting, that would be a disaster.”

Ultimately, Coalition members agreed to increase the strike limit from five to six, permitting riders three sets of two hits in the stretch with a pause in between to let the horse respond. The committee added a definition for “the start of the race” to be the first furlong, and removed language requiring a horse pull up in the event of a dangerous veering or other incident.

Penalty guidelines for overuse of the whip were also changed, with increasing penalties for each successive strike over the limit (now six). Penalties become heavier in graded stakes contests, and owners/trainers are strictly prohibited from placing pressure on a jockey to win under circumstances that would violate the rules. Penalties also increase for multiple violations in Kentucky in a six-month period. Jockeys' earnings can be taken away, depending on the number of strikes they are over the limit, the number of violations the rider has, and whether the rider is in a graded stakes. For example, a seventh strike in a graded stakes race would result in a rider losing 30 percent of their earnings, if that is the rider's first violation in six months. Repeat offenders can lose up to 100 percent of earnings.

Last week, California regulators finalized a rule dictating what type of whip riders could use, and also limiting them to six strikes overhanded total.

The rule language now moves on to the full commission, which meets Tuesday.

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