By Bloodhorse.com
ARCADIA, Calif. (Mar. 29, 2019) — Racing is scheduled to resume at Santa Anita Park March 29 following a California Horse Racing Board meeting Thursday, during which the California Horse Racing Board passed several motions that facilitated the agreement between The Stronach Group, which owns and operates Santa Anita, and the Thoroughbred Owners of California.
That agreement—reached in the wake of the closure of the track due to 22 equine fatalities since the current meet opened Dec. 26—sets in place new house rules enacted by TSG. The house rules initially would have banned all race-day medications, but the TSG/TOC agreement compromised on Lasix, reducing permitted levels from 10 ccs to 5 ccs. Lasix is the only race-day medication permitted in the state of California. The house rules will also apply to Stronach-owned Golden Gate Fields.
The CHRB’s approval of the TSG/TOC agreement regarding Lasix was done under Rule 1580, Racing Secretary to Establish Conditions, and applies only to the current meetings at Santa Anita and Golden Gate. It thus does not address another aspect of the TSG/TOC agreement, that no Lasix would be allowed for 2-year-olds of 2020 and subsequent foal crops.
Belinda Stronach, chairman and president of TSG, outlined the proposed new Santa Anita house rules in an open letter March 14. They included restriction of race-day medication to be in line with the International Federation of Horseracing Authorities.
At the CHRB meeting, the board approved the suspension of several “medications authorized in CHRB Rule 1844” for the current Santa Anita and Golden Gate meetings. Rule 1844.1 states the board “may for any cause temporarily suspend the authorized administration to a horse entered to race of any drug, substance, or medication that is otherwise permitted under Rule 1844, Authorized Medication.” Because Lasix is not covered under Rule 1844, the approval could not cover that medication.
The CHRB tabled an item to its April meeting that would have expanded the medication ban to other racetracks in California for 12 months.
Stronach’s open letter had read: “Additionally, it is time to address the growing concern about use of the riding crop. A cushion crop should only be used as a corrective safety measure.”
The board approved a motion to change Rule 1688 to restrict the use of the crop “except when necessary to control the horse for the safety of the horse or rider.” The motion included a change from the original proposal that if a jockey uses the crop contrary to the rule, “the mount may be disqualified, and the jockey may be suspended or otherwise disciplined by the Stewards.” Instead, the motion said the jockey could be suspended or fined and the jockey’s share of the purse forfeited, but the horse would not be disqualified.
Chuck Winner, chairman of the CHRB, explained that under California law, a change to Rule 1688, Use of Riding Crop, must go through California’s normal regulatory process, which requires a 45-day public comment period.
Representatives of the Jockeys’ Guild opposed the rule change and said they felt they had not received enough time to present their side of the issue.
“The proposed change to Rule 1688 is a very drastic change in the manner in which racing has been conducted, not only in the U.S. but throughout the world,” said Tom Kennedy, general counsel for the Jockeys’ Guild. Kennedy cited a 2011 British Horseracing Authority study that concluded the acceptable use of the whip to be “for safety, correction, and encouragement, and that is the position of the Guild.”
Kennedy also alleged that use of the crop was not involved with any of the breakdowns that occurred at Santa Anita since Dec. 26.
“We don’t know that for sure,” countered Winner. “The horses that went down in the morning, in some cases the crop was being, in my view, overused and could have contributed. I’m not saying it did; I’m saying it could have.”
Winner pointed out that because of the 45-day comment period, the Guild will have ample opportunity to present its views at subsequent meetings.
“Public perception is very important to the future of this industry,” Winner told the Guild representatives. “We’re talking about the safety of the horse, the safety of the jockey. Among other things, we are talking about public perception. It’s critical to the future of this industry in California, and that’s what we have to be concerned about.”
Madeline Auerbach, CHRB vice chairman, took issue with what she called the Guild’s approach to the crop issue.
“Your approach is to come in here and tell us how to conduct our business, and I find that a little offensive,” Auerbach said. “If you think we haven’t had many, many discussions and done all of our due diligence, then you are quite mistaken. We are appointed to take care of racing in California. And if we ignore the view of the people of this state, we will all pay a very big price.”
Stronach addressed the board on the crop issue, first outlining the steps TSG has taken in light of the “heartbreaking” fatalities.
“We have to demonstrate now to the public and to our customers and to our fans that we are serious about horse welfare and jockey welfare in creating the right foundation for this sport to exist and thrive in the future,” Stronach said. “That is why we have pulled together and advanced the reforms that we have been talking about in an open letter to the public to demonstrate our commitment.”
Stronach said the use of the crop is the issue she hears about the most.
“We care for horses, and we’re going to do the right thing on behalf of the horses and for the jockeys,” she said. “Change can be scary—I get it.”
Stronach then read part of a letter from retired Hall of Fame jockey Jerry Bailey. Bailey said he did not believe the use of the crop had anything to do with the fatalities, but “the time has come to accept such changes. The optics to the general viewing public of jockeys violently striking their mounts is surely not what our sport wants to promote.” Bailey added that “reins are the best tool for control.”
Commissioner Fred Maas asked Stronach if she is willing to impose these crop rules in the other jurisdictions in which TSG operates racetracks.
“Yes, we are,” Stronach said. “We wanted to get it right in California first. In every jurisdiction, we want to work together with our stakeholders group, because this is a stakeholder sport.”