Monmouth Appeals to Racing Commission to Amend Whipping Rules

With new regulations regarding whipping set to go into effect throughout the country on July 1 when the Horse Racing Integrity and Safety Act (HISA) takes effect, management at Monmouth Park has asked the New Jersey Racing Commission to adopt the more lenient HISA rules when the meet opens May 7.

The story was first reported by the Asbury Park Press.

At the start of the 2021 meet controversial rules were put in place by the New Jersey Racing Commission that banned the practice of whipping horses to encourage them to run. While restrictions on the use of the whip were in place in several states, New Jersey was the only jurisdiction that banned the use of the whip outright.

On July 1, that is set to change when HISA rules will supercede regulations put in place by state racing commissions. The HISA rules allow a jockey to strike a horse six times a race but no more than twice in succession. With the rules set to change some seven weeks into the meet, Monmouth is asking the racing commission to put the HISA rules in place at the start of the meet. Track management has requested that the commission hold a special meeting to discuss the matter.

“I think we have a very good chance of getting this done,” Dennis Drazin, the chairman and CEO of the management company that operates Monmouth, told the Press. “It doesn't make sense to have different rules to start the meet and switch midstream.”

Several jockeys raised objections to the rule last year, arguing that the whip was needed for safety purposes. While most decided to ride at the meet, 13-time Monmouth champion Joe Bravo refused to ride and relocated to California. Antonio Gallardo also cited the rule when announcing he was leaving Monmouth to ride at Woodbine.

From a pari-mutuel wagering standpoint, Monmouth did not have a particularly strong 2021 meet, which raised the possibility that some bettors shied away from the Monmouth product because of the whipping ban.

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Op/Ed: Guild Members: You Should Not Be Proud

Perhaps no collection of companies makes decisions based more on hard data, charts, statistics and actuarial tables then those that make up the insurance industry.

Non-smokers get better rates on health insurance.

Middle-aged drivers pay lower premiums than do those a generation or two younger.

Those driving in Los Angeles traffic pay more than those who live in rural areas of the country.

Apply for a term policy and the insurance company can list your premiums for the rest of your life. They know what the statistics show, based on your place of residence, family history, gender, age, health condition, etc.

Interested in long-term health care? Be ready for a question asking if you participate in such activities as bungee jumping, sky diving and/or, my favorite–heli skiing, which for the uninformed is off-trail, downhill skiing or snowboarding reached by helicopter instead of a ski lift.

One thing probably even riskier than heli skiing is being a Thoroughbred jockey. Every time a jockey gets a leg up on a mount, he or she knows the inherent risk involved in the vocation they have chosen.

Imagine being a jockey and speaking with an insurance agent about binding health or long-term coverage.

Which is why for years, members of the Jockeys' Guild have been provided access to policies for life insurance, temporary disability and accident, death and disability.

Yet, as reported by Bill Finley in the June 15 TDN, the Guild recently informed its members currently riding at Monmouth Park they would no longer be covered by the organization's policies.

Monmouth, as has been widely reported, is the first track, because of a directive from its state racing commission, whose jockey colony may carry a whip but not encourage its mounts with the stick.

As Finley noted, Guild management says it believes races at the New Jersey track are more dangerous with the new policy in effect.

“The increase of risk is thereby creating a greater exposure for the Jockeys' Guild and the benefits that we provide to our members who are riding under such regulation,” Guild president and CEO Terry Meyocks said in a letter sent to members.

Frankly, that is a bunch of crap. Bull crap, not horse crap.

The Guild has not seen the policy rates increase, nor has it been informed the rates will go up because of the new rule at Monmouth Park.

The track is only a few weeks into the meeting, as yet with no apparent increased risk to jockeys.

When respected trainer Jerry Hollendorfer was ridiculously singled out in California a few years ago for having a higher incidence of breakdowns, could the Guild have said any jockey who rides the horses he trains (at any track) would not be covered?

According to Meyocks' quote, riding those horses would cause an “increase of risk” and therefore “greater exposure for the Jockeys' Guild.”

Suppose over time we find a greater incidence of accidents in races where Lasix is not allowed. Would the Guild cover a rider should he be injured in an allowance race but not in a graded stakes–at the same track on the same day?

What if New Jersey is just the first state to enact regulations saying riders can carry a crop but not use it except in cases of extreme emergent circumstances?

Jockeys and their agents must constantly decide at which tracks they will accept mounts. Some riders, unhappy with the new policy at Monmouth, have elected not to spend their summer at the track. Others have accepted mounts and ridden without incident.

The Jockeys' Guild may certainly take a hard stance on its belief the riding crop aids riders and keeps them safer. But by playing politics the organization is forcing members riding at Monmouth to either bind their own coverage or ride without it.

Often the Guild steps in to lobby on behalf of members riding at a specific track or in a certain state.

In this case, however, the Guild is turning its back on members that have consciously decided to ply their trade at Monmouth Park.

At the conclusion of the Monmouth meeting, should the Guild's insurance carrier raise its rates based on “evidence” of an increased risk to jockeys, there may be reason for the organization to consider a discussion with its members.

It goes without saying that jockeys require insurance and the Guild's binding of coverage for members is an important, if not the most important, benefit of membership.

But if you are a jockey riding at Monmouth Park, we don't know yet if you are at an increased risk. Well not from the commission's policy. You are, however, from your brethren at the Guild.

Ride they say, but we won't cover your ass. We don't have your back.

If the Jockeys' Guild wants to file injunctions and/or lawsuits, testify before committees, threaten boycotts–go ahead. But pulling the rug out from members at Monmouth Park? Well on the litmus test for class, it doesn't go any lower.

If you are a jockey riding in another state, and a member of the Guild, are you proud of how your organization is treating the Monmouth jocks?

You shouldn't be.

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Six-Strike Overhand Whipping Rule Could Be Legal in Kentucky by February

The Kentucky Horse Racing Commission (KHRC) is on its way to a long-planned rewrite of the state's whipping rules, and the chief change would set a limit of six overhand hits per race with no more than two strikes in succession to give the horse a chance to respond.

In addition, the penalty structure will be tweaked. As explained by Jennifer Wolsing, the general counsel for the KHRC, “The stewards would be able to impose a $500 minimum fine or a three-day minimum suspension. Or, if the stewards believe that the violation is egregious or intentional, then the stewards could impose both.”

Last June, the KHRC voted to advance extensive whip-rule changes based on a limit of six underhanded strikes per race. But that proposal ended up getting paused when it became evident to the commission that the legislature was unlikely to approve it into law.

The KHRC's Rules Committee voted in the new round of proposed changes on Monday. The full KHRC board still has to vote on the measure June 15, but there doesn't appear to be any impediment to passage, KHRC executive director Marc Guilfoil told TDN in a follow-up phone call.

The measure then would have to be approved by the state legislature, whose leaders have indicated support for this latest version. Guilfoil estimated that legislative process could take seven or eight months.

“So it should be in effect–if everything goes good, and I don't see why it wouldn't–by February of next year,” Guilfoil said.

Stakeholders who contributed to the May 3 compromise, which got hammered out over the last few weeks after being extensively debated for the past year and a half, voiced agreement that this latest version still isn't going to be ideal for everybody, but that it could end up being a good enough fit to provide a workable model for a uniform rule across all jurisdictions.

“You strive to get the perfect rule. You don't always get there,” said Guilfoil during the tele-meeting, noting that the KHRC has been working with everyone from jockeys to legislators to try and get its rule right. “I think this is something that everybody can live with…We're going to start talking to some other states, and see if we can get uniformity.”

Terence Meyocks, the president and chief executive officer of the Jockeys' Guild, told the Rules Committee his members are willing to go along with this proposal in the interest of trying to get a continent-wide rule on the books.

“Hopefully, we adopt a rule in Kentucky that could be an important first step to the adoption of a uniform riding crop rule in North America,” Meyocks said. “It's important that we remember that there was indeed compromise on behalf of both parties, the riders in the Guild and the KHRC. Having different rules in so many different various states is no good for anybody.”

The KHRC's chief state steward, Barbara Borden, said the revised penalty structure would be particularly useful moving forward.

“There are many times we struggle with the mandatory penalties that are scattered throughout our regulations and don't always give us discretion when we feel like we need it,” Borden said. “So in this instance, we're pleased with the way this is written, that we have a baseline to start with. And should a person violate a regulation over and over again, we like the penalties to escalate, particularly if it's an egregious offense or if we feel like somebody is just ignoring the regulation.”

Currently, most first-time whip-rule violations are penalized with a $250 fine, Guilfoil told TDN.

Wolsing said jockeys will be limited to “six instances of overhand use of the crop at any time. The overhand use of the crop cannot go above the rider's helmet. And the rider would not be able to use the crop in the overhand fashion more than two successive instances without giving the horse a chance to respond.”

Wolsing continued: “Backhanded or underhanded-fashion use of the crop is going to be okay from the three-eighths pole to the finish line. It will always be okay to tap the horse on the shoulder in the down position as long as both hands are on the reins and on the shoulders of the horse. And certainly showing and waving the crop in front of the horse is also okay.”

There was brief debate over why six strikes has evolved as the standard. Wolsing explained that it's important to note that in Kentucky, the state constitution bans “arbitrary and capricious actions by state governments,” so the number of hits has to be codified and can't be left up to a judgment call by the stewards.

“At some point you have to have a certain number of strikes,” Wolsing said. “This is a number that has been adopted by other jurisdictions as well. It's a very reasonable number [and a number that stakeholders arrived at by] taking into consideration what would be appropriate for the jockeys as well as the horses.”

Wolsing said she foresees no problem with the commission being able to defend that six-strike number if it ever got challenged in court.

Mike Ziegler, the senior vice president and general manager of Churchill Downs Racetrack, said during the meeting that the change represented “a good balance,” adding that, “We're not going to let 'perfect' get in the way with 'really good.'

“Let's get this thing going, turn the page, and get on to other things,” Ziegler said.

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Monmouth Jockeys Upset Over New Whip Rules

Several of the regulars who ride at Monmouth Park say they were never consulted by the New Jersey Racing Commission (NJRC) before banning the use of the whip starting in 2021 and, if they were, they would have told regulators they were out of touch and creating an untenable situation.

“This is a really, really, really bad decision,” said Antonio Gallardo, who is fourth in the current standings. “You can’t just take the whip right away like that. If they wanted to put in a rule like they have in Europe, where you can’t whip the horse more than something like eight times, I’d have been fine with that. But what they did is just take the whip away. It’s ridiculous.”

Beginning with the opening day of next year’s Monmouth meet, New Jersey will become the first state to outright ban the use of the whip. The only exception is when a rider feels it is needed for safety purposes. The measure was approved by a 4-0 vote at Sept. 16 meeting of the NJRC.

“The prohibition of the use of riding crops, except when necessary for the safety of horse or rider, will be perceived in a positive light by the general public,” read a statement from the NJRC. “The proposed repeal and new rules are of the utmost importance in adapting the industry to avoid the currently negative public perception of whipping a horse.”

Among the eight Monmouth riders interviewed by the TDN, only newcomer Ferrin Peterson supported the whip ban.

“I have no problem with the new rule,” she said. “I think it will reward good horsemanship, and riders may have to rely upon different skills, but at the end of the day, horses love to run no matter how we encourage them to do so.”

The others were against the change and brought up a number of issues, including safety concerns, uncompetitive racing and that commissioners who have little knowledge of racing and horsemanship are behind the changes.

Joe Bravo, who has won 13 riding titles at Monmouth, said that the changes fail to take into account several factors and the whip ban will “change horse racing as we know it.” Among Bravo’s concerns is his belief that the elimination of the whip will fundamentally change the way races are run.

“I am shocked by this,” he said. “This rule takes away all the competition that makes up a horse race. The competitiveness of the race will be the biggest change. How do you get horses that are next to one another to go on and fight and have a race down the lane? There will be no competition. Horses are pack animals. They follow one another. How will you get them to pass one another? From a competitive standpoint, these races will be really dull.”

Gallardo agrees with Bravo’s point and says that there is going to be backlash when it comes to the bettors.

“Who’s going to want to bet on Monmouth Park? Nobody will bet on it,” he said. “One hundred percent, nobody will bet on Monmouth with no whips. If nobody bets there will be no money. No money, no racing. Game over.”

Paco Lopez, Monmouth’s leading rider and someone known for an aggressive style, said there are horses that will not give their best without encouragement. Take the whip away, he said, and there will be horses that will underperform.

“I’m not happy about (the new whip rule),” he said. “This will change the races a lot. There are some horses that really need the whip. People are paying a lot of money for these horses and when you can use the whip any horse can win.”

Lopez also mentioned safety factors, which has become a common refrain from riders throughout the country as more and more states look to either ban the whip or curb its use. The jockeys say the whip is a tool to keep them safe when a horse starts to otherwise become uncontrollable.

“This is going to make it more dangerous,” Jose Ferrer said. “You need the whip to correct the horse. These horses have their own minds. The whip is a weapon we have to be able to control the horse.”

Said jockey Jorge A. Vargas: “This will make it a lot more difficult when you are trying to keep a horse straight. You won’t have anything to make them do what you want them to do. They know that when they feel something, it means they are doing something wrong, that you are telling them they have to do it right. This will make it more dangerous. They will do stuff that you might not be able to see on a replay or watching the race live, but the jockey feels something and you have to correct them right away. It’s not like you can just talk to them and make them understand.”

So far as public perception goes, jockey Hector Diaz, Jr. said that people should understand that the jockeys are not abusing the horse when using the whip.

“I became a rider four years ago and they have changed the whip already three times, making it safer,” he said. “With the whips we are using right now, I don’t feel like we are hurting the horse. It makes more noise than anything else. It’s soft. Nobody should abuse the horse and nobody should hit them five, six times in a row. I can only talk about myself, but when you see me riding I never hit my horse more than two or three times in a row. I hit them once, twice and let them respond. I don’t think I abuse the horse.”

Ferrer also described himself as the type of rider who does not go overboard with the whip.

“I love my horses and I never want to abuse them,” he said. “It is something you need to pick them up or wake them up a little bit. We are not abusing these horses.”

Had the NJRC conferred with the jockeys, those are the stories they would have heard. While that may not have changed the minds of any of the commissioners, the jockeys feel their opinions should have been taken into account.

“You have people who don’t really know the industry calling the shots,” said veteran Chris DeCarlo. “They’ve never come down and asked for our opinion, which I think they should. They can’t just make these rules up without asking us.”

“They did something overnight without asking any of the riders or the horsemen,” Bravo said. “How can four people with very limited knowledge of horsemanship vote in this ruling? I’ve seen where (NJRC Executive Director) Judith Nason said she rides horses. With all due respect, that’s in a riding ring. They came in and, overnight, voted in something that’s going to change horse racing as we know it.”

But Bravo admitted that, at this point, there is little the riders can do other than come back next year and try their best to make the necessary adjustments.

“I don’t know what we can do,” he said. “As they say, there is no fighting City Hall.”

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