California racing board approves restrictive whip rule

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LOS ANGELES — Jockeys competing in California won’t be allowed to strike a horse more than six times during a race, and then only in an underhanded position, according to a new rule approved by the California Horse Racing Board.

The rule would allow no more than two strikes in succession using whips that must meet new board standards to soften the blows.

The board voted 4-2 on Thursday in a meeting that lasted nearly seven hours to approve the rule that was first proposed in March 2019. Commissioners Alex Solis, a retired Hall of Fame jockey, and Dennis Alfieri represented the no votes.

Representatives from the Jockeys’ Guild, along with riders Mike Smith and Aaron Gryder, had urged the board to wait at least a month before voting to allow more time for a proposed national rule on whip standards to be implemented.

However, board Chairman Gregory Ferraro disagreed, saying California should set the tone in reforming how racehorses are treated rather than wait for a national standard.

“This board has a mandate from the governor to make reforms in racing that contribute to the welfare of the horse,” Ferraro said during the meeting held remotely because of the coronavirus pandemic. “We’ve been talking about this crop rule for two years. I think it’s time to stop procrastinating and pass a rule.”

Attorney Shane Gusman, who represented the Jockeys’ Guild, said before the vote that whipping guidelines based on public perception would lead to potential accidents and negatively impact the sport in California.

“We’re concerned that it’s not going to work, and that there’s going to be real safety issues when a jockey is unable to perform his or her job,” Gusman said. “What will happen is you’re going to get an accident, and either a jockey is going to get hurt or a horse is going to go down. You’re going to end racing in California. It’s just going to happen if you go down this road of trying to regulate perception rather than reality.”

However, Ferraro said, “We’re never going to please the jocks. They don’t want to do anything but keep the status quo. We appreciate their argument. But it’s not going to fly in the face of the public demand that we quit hitting these horses.”

Racing board Rule 1688 will also prohibit the use of whips during morning training and after the finish of races.

Under the rule, jockeys would be allowed to show or wave the whip without touching the horse or tap the horse on the shoulder with the whip in the down position.

Violators would face a maximum fine of $1,000 and a minimum suspension of three days. However, there would be no penalty if the stewards determine the use of the whip was “necessary for the safety of the horse or rider.”

Terence Meyocks, president and CEO of the Jockeys’ Guild, urged the board to hold off on a vote until other racing states come up with a standardized version of whipping rules.

But Scott Chaney, the board’s new executive director, disagreed, saying, “It would require every other state to pass a rule, which is just not going to happen.”

The rule must be reviewed by state officials and it could be October before it takes effect.

Forte works out, waits for Belmont Stakes clearance

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NEW YORK — Forte, the early Kentucky Derby favorite who was scratched on the day of the race, worked out in preparation for a possible start in the Belmont Stakes on June 10.

Under regular rider Irad Ortiz Jr., Forte worked five-eighths of a mile for Hall of Fame trainer Todd Pletcher. It was the colt’s second workout since being scratched from the Derby on May 6.

“It seems like he’s maintained his fitness level,” Pletcher said. “It seems like everything is in good order.”

Forte was placed on a mandatory 14-day veterinary list after being scratched from the Derby because of a bruised right front foot. In order to be removed from the list, the colt had to work in front of a state veterinarian and give a blood sample afterward, the results of which take five days.

“There’s protocols in place and we had to adhere to those and we’re happy that everything went smoothly,” Pletcher said. “We felt confident the horse was in good order or we wouldn’t have been out there twice in the last six days, but you still want to make sure everything went smoothly and we’re happy everything did go well.”

Pletcher said Kingsbarns, who finished 14th in the Kentucky Derby, will miss the Belmont. The colt is showing signs of colic, although he is fine, the trainer said.

Another Pletcher-trained horse, Prove Worthy, is under consideration for the Belmont. He also has Tapit Trice, who finished seventh in the Derby, being pointed toward the Belmont.

Judge grants Churchill Downs’ request for summary judgment to dismiss Bob Baffert’s lawsuit

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LOUISVILLE, Ky. — A federal judge has granted Churchill Downs’ motion for summary judgment that dismisses Bob Baffert’s claim the track breached due process by suspending the Hall of Fame trainer for two years.

Churchill Downs Inc. suspended Baffert in June 2021 after his now-deceased colt, Medina Spirit, failed a postrace drug test after crossing the finish line first in the 147th Kentucky Derby. The trainer’s request to lift the discipline was denied in February, keeping him out of the Derby for a second consecutive May.

U.S. District Court Judge Rebecca Grady Jennings ruled in a 12-page opinion issued Wednesday that Churchill Downs’ suspension of Baffert did not devalue his Kentucky trainer’s license. It cited his purse winnings exceeding $1 million at Keeneland in Lexington and stated that his argument “amounts to a false analogy that distorts caselaw.”

Jennings denied CDI’s motion to stay discovery as moot.

The decision comes less than a week after Baffert-trained colt National Treasure won the Preakness in his first Triple Crown race in two years. His record eighth win in the second jewel of the Triple Crown came hours after another of his horses, Havnameltdown, was euthanized following an injury at Pimlico.

Churchill Downs said in a statement that it was pleased with the court’s favorable ruling as in Baffert’s other cases.

It added, “While he may choose to file baseless appeals, this completes the seemingly endless, arduous and unnecessary litigation proceedings instigated by Mr. Baffert.”

Baffert’s suspension is scheduled to end on June 2, but the track’s release noted its right to extend it “and will communicate our decision” at its conclusion.