The Horsemen's Journal - Spring 2021 by The Horsemen's Journal

HORSEMEN’S THE

JOURNAL

SPRING 2021

Q&A

ABOUT EXERCISE INDUCED PULMONARY HEMORRHAGE (EIPH) WITH DR. HOWARD ERICKSON*

Q: WHAT IS EIPH? A: EIPH is the presence of blood in the airways during or after exercise. It occurs when the pulmonary capillary membranes (PCM) deep within the lungs ruptures. Essentially all horses are affected by EIPH during intensive exercise.

Q: WHAT IS THE PCM? A: The PCM is a membrane that separates the pulmonary capillaries from the airways deep within the lungs. At only 1/100th the thickness of a human hair, it is very fragile. However, it is one of the things that makes horses super athletes by permitting extremely efficient transfer of oxygen and carbon dioxide into and out of the bloodstream during inhalation and exhalation.

Q: WHAT CAUSES EIPH? A: In a nutshell, during exercise high blood pressure (needed to power exercise) pushes on the PCM from inside the pulmonary blood vessels and high vacuum pressure (needed to inhale large amounts of air) pulls on the PCM from the airway side. These forces exert massive stress on the PCM.

EIPH occurs when the combined high blood pressure and high vacuum pressure exerted on the PCM causes the PCM to rupture and release blood into the airways. Artist rendering of RBCs spilling from pulmonary capillary into the airways. PCM not shown in this illustration.

PULMONARY CAPILLARY High blood pressure inside pushing outward on PCM.

High vacuum pressure in airways pulling on PCM.

Electron microscope view of a red blood cell spilling out of ruptured pulmonary capillary membrane resulting from EIPH.

Other factors may contribute to EIPH, including surface conditions, speed, age, respiratory health, and environmental conditions. EIPH has not been shown to be caused by blood clotting abnormalities.

Q: WHAT ARE PROVEN WAYS TO PREVENT EIPH? A: Nothing has been shown to completely stop EIPH. Only two options have been repeatedly shown to reduce EIPH. • FLAIR® Nasal Strips—support the nasal passages to reduce airway resistance and decrease the vacuum pressure pulling on the outside of the PCM.

• Furosemide (Salix™, formerly Lasix™)—is a potent diuretic that reduces blood pressure that is pushing from inside the pulmonary capillaries on the PCM.

Q: HOW DO FLAIR STRIPS WORK? A: FLAIR Strips make breathing easier. When horses breathe hard, the

soft tissues overlying the nasal passages are sucked in, reducing the airway diameter. This reduction in diameter increases resistance to airflow into the lungs. By supporting the soft tissues overlying the nasal passages, resistance to airflow into the lungs is decreased. This decreases Developed by veterinarians, the vacuum pressures FLAIR Strips are clinically proven to: pulling on the outside of the PCM to reduce EIPH. REDUCE REDUCE EIPH FATIGUE

CONSERVE ENERGY

QUICKEN RECOVERY

Clinical studies PROVE that FLAIR Strips reduce EIPH: Poole, David C., PhD et al. J.Eq.Vet.Sci., 20: 9, 578-585, 2000. / Kindig, Casey A. PhD et al. J. Appl. Physio., 91: 1396-1400, 2001. / Geor, Ray J. PhD et al. Eq.Vet. J., 33:6, 577-584, 2001. / Holcombe, Susan J. VMD, PhD et al. Am. J. Vet.Res., 63:8, 1101-1105, 2002. / Valdez, Sandra C., MVZ et al. J. Am.Vet.Med. Assoc., 224: 4, 558-561, 2004. / McDonough, P. et al. Eq. Comp. Ex.Physiol., 1:3, 177-184, 2004. / Erickson, Howard H. DVM, PhD, et al. Proc. of the 53rd Ann. Conven. of the AAEP, 53, 68-71, 2007. *Dr. Howard Erickson is Professor Emeritus at Kansas State University. He was a pioneer in the foundational research of EIPH in horses. He and his team at KSU have conducted numerous scientific research studies and published extensively on the topic of EIPH.

SEE THE SCIENCE

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THE HORSEMEN’S JOURNAL CONTENTS | SPRING 2021 | VOLUME 68/#1

DEPARTMENTS

FEATURES

Back on Track

Message from the National HBPA

After a one-year hiatus, Track Superintendent Field Day returns with a goal of making racing safer for all

A Real Super Horse Former racehorse Deputy Maverick takes on a new job in law enforcement

Industry News

35 Issues with HISA

The lack of a funding mechanism is just one of the problems with the Horseracing Integrity and Safety Act

HBPA News

38 Constitutional Concerns with HISA A review and analysis of constitutional challenges and the rules of review included in the Horseracing Integrity and Safety Act

Research & Medication Update

44 Affiliate News

Special Key The story of an incredible bond between a mother, her daughter and a racehorse

THE HORSEMEN’S JOURNAL

SPRING 2021

MESSAGE FROM

THE CEO HOLD ALL TICKETS: WHY HISA SHOULD BE TAKEN DOWN NATIONAL HBPA 3380 Paris Pike Lexington, KY 40511 P (859) 259-0451 F (859) 259-0452 racing@hbpa.org www.hbpa.org

PRESIDENT/ CHAIRPERSON OF THE BOARD Leroy Gessmann

SECRETARY/ TREASURER Lynne Schuller

CHIEF EXECUTIVE OFFICER Eric J. Hamelback

VICE PRESIDENT SOUTHERN REGION Rick Hiles

VICE PRESIDENT CENTRAL REGION Joe Davis

VICE PRESIDENT WESTERN REGION J. Lloyd Yother

n a March 17 opinion piece in the Thoroughbred Daily News about the National HBPA challenging the legality of the Horseracing Integrity and Safety Act (HISA), the author writes, “It’s hard to imagine that there is one horseman anywhere who cares one bit whether or not HISA is unconstitutional or not.” Really? I hope those reading this think about that statement. Before you do, however, this same author criticized the challenge and said that anyone who supports this litigation is fine with having cheaters in the industry. It doesn’t matter to this author if the legislation—ramrodded through to passage with no Senate Committee discussion or debate as a little-known add-on to December’s COVID-19 relief bill—is legal or not. “Who cares?” he asks. To me, the author lost all credibility to have an informed opinion on this issue right there. Who cares about the law’s legality? I damn sure do, and I believe the thousands of horsemen and women— including HBPA members and those in other racing jurisdictions—do as well. I understand many are fearful to publicly say how they feel about the litigation, but they also know I am here to speak for them and fight for them. Let me be perfectly clear: The National HBPA is and has remained in favor of uniformity. We demanded safety protocols be the norm, not half-hearted attempts to serve falsely characterized public perceptions. The op-ed implies that the National HBPA does not want the United States Anti-Doping Agency (USADA) involved, as currently defined in HISA. The author claims it is a huge omission that USADA is not mentioned in the suit. They miss the point: If the legislation is illegal, it doesn’t matter who is doing the testing. No one can say the National HBPA has ever spoken against USADA as a contracted entity to aid in enforcement. In addition, the National HBPA has always advocated for fair competition and has never protected proven cheaters. To label any horsemen’s group with that is ignorant, misinformed rhetoric that has no basis in truth. However, we have stood for due process and the protection of horsemen and horsewomen’s rights, and rest assured, I will make sure we continue to do just that. Some may ask, “What does it matter if the underpinning of what would oversee medication policy, testing, enforcement and safety measures isn’t legal?” Here’s why: Those cheaters described by the author that HISA will eliminate could have a get-out-of-jail-free card if the law that sets up the process for their sanctions is found to be illegal. Who cares? Defense attorneys. The good-faith “trust us” message of the HISA propaganda machine won’t carry much weight in federal court. I will continue to ensure the National HBPA will never turn its back on legality and protecting horsemen in the short and long run. For those wanting to portray the National HBPA as being obstructionists for demanding due diligence rather than blind faith, I ask, “Is it really clear how HISA provides integrity other than by establishing an authority with a vague mission and unchecked power?” A bill’s contents—not its title—define its implementations. I made sure the National HBPA, with help from our attorneys at the Liberty Justice Center, went beyond the HISA good-feeling title and read the fine print. That’s why we went to court.

SINCERELY, ERIC J. HAMELBACK

THE HORSEMEN’S JOURNAL

SPRING 2021

CONTRIBUTORS

THE

NATIONAL HBPA

AFFILIATES

WOULD LIKE TO THANK ITS CORPORATE

DENIS BLAKE

SPONSORS

BOARD OF DIRECTORS - AFFILIATES Dr. David Harrington, Alabama Norm Castiglione, Alberta Robert Hutton, Arizona Bill Walmsley, Arkansas David Milburn, British Columbia and Canadian National James Miller, Charles Town Kent Bamford, Colorado Chris Vaccaro, Finger Lakes Jim Watkins, Illinois Joe Davis, Indiana David McShane, Iowa Rick Hiles, Kentucky Benard Chatters, Louisiana Blaine McLaren, Manitoba James Uelmen, Michigan Pete Mattson, Minnesota Jami Poole, Mountaineer Park Robert Moser, Nebraska Anthony Spadea, New England Joe Poole, Ohio Joe Offolter, Oklahoma Sue Leslie, Ontario Ron Sutton, Oregon Sandee Martin, Pennsylvania Eddie Esquirol, Saskatchewan Mike Dini, Tampa Bay Downs David Ross, Virginia Pat LePley, Washington

Dr. Kimberly Brewer Dr. Clara Fenger William Knoll Dr. Abelardo Morales Peter J. Sacopulos Maryjean Wall

PHOTOGRAPHERS

Ackerley Images Denis Blake BrAt82 – stock.adobe.com Terri Cage – stock.adobe.com Coady Photography Coglianese Photos Daniel – stock.adobe.com Gwen Davis Alex Evers/Eclipse Sportswire/Breeders’ Cup/ CSM Four Footed Fotos seanlockephotography – stock.adobe.com Wimbledon – stock.adobe.com JJ Zamaiko Photography

STAFF Denis Blake Editor P (512) 695-4541 hj@hbpa.org Jennifer Vanier Allen Advertising Director P (716) 650-4011 F (509) 272-1640 jallen@hbpa.org Limb Design www.limbdesign.com Graphic Design THE HORSEMEN’S JOURNAL 3380 Paris Pike Lexington, KY 40511 P (512) 695-4541 F (859) 259-0452 hj@hbpa.org HBPA WEBSITE: www.hbpa.org COVER PHOTO: Courtesy Heather Andreasen

The opinions, representations and viewpoints expressed by the authors in the articles contained in The Horsemen’s Journal do not necessarily reflect the opinions, representations and viewpoints or the official policies or positions of The Horsemen’s Journal, National Horsemen’s Administration Corporation or National Horsemen’s Benevolent & Protective Association Inc. and its affiliates (collectively “HJ”). HJ is not responsible for, and expressly disclaims all liability for, damages of any kind arising out of use, reference to or reliance on any information contained within this issue. Information in this issue may become outdated due to the rapidly changing nature of the horse industry. The publication of any advertisements or articles should not be construed as an endorsement of any product, service or position unless specifically stated. The Horsemen’s Journal, Volume 68 #1. Postal Information: The Horsemen’s Journal (ISSN 0018-5256) is published quarterly by the National Horsemen’s Administration Corporation, with publishing offices at P.O. Box 8645, Round Rock, TX 78683. Copyright 2021 all rights reserved. The Horsemen’s Journal is the official publication for members of the Horsemen’s Benevolent & Protective Association, a representative association of Thoroughbred owners and

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trainers. HBPA is a non-profit 501(c)6 Kentucky corporation. Members receive The Horsemen’s Journal as a benefit of membership paid by the national office from affiliate dues. Annual non-member subscriptions are $14. Single-copy back issues, if available, are $7. Canadian subscribers add $6. All other subscriptions outside the U.S. add $20 payable in U.S. funds. To order reprints or subscriptions, call (866) 245-1711. The HBPA National Board of Directors has determined that the publication of this periodical is necessary in the transaction of the public business required of the association. Views and opinions expressed are those of the authors and/or advertisers and do not necessarily represent the opinion or policy of the publisher or HBPA board or staff. Query the editor prior to sending any manuscripts. Periodicals Postage Paid at Round Rock, Texas and additional mailing offices. CANADA POST: Publications mail agreement no. 41530527. Return undeliverable Canadian addresses to: P. O. Box 503, RPO West Beaver Creek, Richmond Hill, ON L4B 4R6. POSTMASTER: Send address changes to The Horsemen’s Journal, 3380 Paris Pike, Lexington, KY 40511.

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NEWS

ALEX EVERS/ECLIPSE SPORTSWIRE/BREEDERS’ CUP/CSM

INDUSTRY NEWS AUTHENTIC, PICTURED WINNING THE BREEDERS’ CUP CLASSIC (G1) AT KEENELAND, WAS A NEAR UNANIMOUS CHOICE FOR HORSE OF THE YEAR.

Authentic Named 2020 Horse of the Year

uthentic, who captured both the Kentucky Derby presented by Woodford Reserve (G1) and the Longines Breeders’ Cup Classic (G1), was voted 2020 Horse of the Year. The announcement capped the 50th annual Eclipse Awards, presented by Spendthrift Farm, held January 28 as a virtual ceremony. The Eclipse Awards, honoring excellence in North American Thoroughbred racing, are voted on by the National Thoroughbred Racing Association, consisting of member racetrack racing officials and Equibase field personnel; Daily Racing Form; and the National Turf Writers and Broadcasters. Owned by Spendthrift Farm LLC, MyRacehorse Stable, Madaket Stables LLC and Starlight Racing and trained by Bob Baffert, Authentic received 224 out of a possible 238 first-place votes for Horse of the Year. Michael Dubb, Monomoy Stables LLC, The Elkstone Group LLC and Bethlehem Stables’ Monomoy Girl, who won the champion older dirt female Eclipse Award, received seven votes. Peter Callahan’s Swiss Skydiver, who defeated Authentic in the Preakness Stakes (G1) and won the champion 3-year-old filly title, finished in third place with six votes. Authentic, a bay son of Into Mischief, also was voted champion 3-year-old male. In 2020, the colt won five of seven starts, including victories in the Sham Stakes (G3) and the San Felipe Stakes (G2) at Santa Anita Park and the TVG.com Haskell Stakes (G1) at Monmouth Park. Authentic led the Kentucky Derby at Churchill Downs on September 5 from start to finish, prevailing by 1 ¼ lengths over odds-on favorite Tiz the Law. Authentic finished second by a neck to Swiss Skydiver in the Preakness Stakes on October 3 but came back to win the Breeders’ Cup Classic on November 7 at Keeneland Race Course by 2 ¼ lengths over stablemate Improbable, who received the champion older dirt male title. John Velazquez rode Authentic to victory in both the Derby and the Classic. “On behalf of everyone at Spendthrift Farm, I want to extend my thanks to the voters at the NTRA, the Daily Racing Form and the National Turf Writers 6

and Broadcasters,” said Spendthrift Farm owner B. Wayne Hughes. “We are so honored and thankful to win Horse of the Year. This is a major milestone for Spendthrift and for our great partners at MyRacehorse, Madaket and Starlight Racing.” Authentic becomes the fourth Horse of the Year trained by Baffert, who also saddled Point Given (2001), American Pharoah (2015) and Justify (2018) to earn the coveted gold trophy. Authentic, who earned $7,170,000 in 2020, was retired to stud at Spendthrift Farm shortly after winning the Classic. “The raw talent he showed us early in his career, that’s the thing about the great ones,” Baffert said of Authentic the day the colt arrived at Spendthrift Farm. “That raw talent, they expose it immediately, and it was my job to funnel it in and make him great. He has this raw speed and athleticism. And he’s one of these horses where he never had a bad day. Never got sick, never had anything. Never had an issue.” Swiss Skydiver, trained by Kenny McPeek, became just the sixth filly to win the Preakness Stakes. Her final time of 1:53.28 was the second-fastest Preakness ever, behind Secretariat’s 1:53 in 1973. A chestnut daughter of Daredevil, Swiss Skydiver won five races in 2020, including the Alabama Stakes (G1) and Santa Anita Oaks (G2). Improbable, owned by WinStar Farm LLC, CHC Inc. and SF Racing LLC and trained by Baffert, won three Grade 1 races last year as a 4-year-old en route to the older dirt male title. The chestnut son of City Zip captured the Hollywood Gold Cup at Santa Anita Park, the Whitney Stakes at Saratoga and the Awesome Again Stakes back at Santa Anita in the fall. Monomoy Girl, trained by Brad Cox, earned her second Eclipse Award after being voted the 2018 champion 3-year-old filly. The chestnut daughter of Tapizar missed her 2019 campaign due to injury and health issues but returned THE HORSEMEN’S JOURNAL

SPRING 2021

for her 5-year-old season in sparkling fashion, winning all four of her starts, culminating with a victory in the Longines Breeders’ Cup Distaff (G1). Cox, a Louisville, Kentucky, native, earned his first Eclipse Award for outstanding trainer after being a finalist in 2019. In 2020, Cox finished second in overall trainer earnings with more than $18.9 million. He won 30 graded stakes and tied the record for most wins at one Breeders’ Cup by a trainer with four at last year’s World Championships. In addition to Monomoy Girl, Cox saddled Breeders’ Cup Juvenile Fillies Turf (G1) winner Aunt Pearl (IRE), TVG Breeders’ Cup Juvenile presented by Thoroughbred Aftercare Alliance (G1) winner Essential Quality and Big Ass Fans Breeders’ Cup Dirt Mile (G1) winner Knicks Go. Cox also saddled Shedaresthedevil to victory in the Longines Kentucky Oaks (G1) at Churchill Downs. Godolphin’s undefeated Essential Quality, a colt by Tapit, was voted champion 2-year-old male off the strength of his victories in the Claiborne Breeders’ Futurity (G1) and Breeders’ Cup Juvenile, both at Keeneland. In the champion 2-year-old filly division, Vequist took top honors for owners Gary Barber, Wachtel Stable and Swilcan Stable LLC. A dark bay daughter of champion Nyquist, Vequist notched Grade 1 scores in the Spinaway Stakes at Saratoga and the Breeders’ Cup Juvenile Fillies at Keeneland. A third Baffert-trained runner to capture an Eclipse Award was Michael Lund Petersen’s Gamine, who was voted champion female sprinter. Making her debut at age 3, Gamine, a bay daughter of Into Mischief, won the Longines Acorn Stakes (G1) at Belmont and the Longines Test at Saratoga (G1) and set a track record in capturing the seven-furlong Breeders’ Cup Filly and Mare Sprint (G1) at Keeneland. Champion male sprinter honors went to Robert LaPenta, Ron Moquett and Head of Plains Partners LLC’s 7-year-old gelding Whitmore. Trained by Moquett, Whitmore, a chestnut son of Pleasantly Perfect, won three races in 2020, capping the season with a bold rush in the stretch of the Breeders’ Cup Sprint (G1) to win by 3 ¼ lengths. Whitmore was ridden in the Breeders’ Cup by Irad Ortiz Jr., who continued his dominance of the outstanding jockey category, taking the honor for the third straight year. Riding on the New York circuit, Ortiz led all North American jockeys in wins with 300 and in total purses with $21,050,726. In addition to Whitmore, Ortiz won six other Grade 1 races, which included Mucho Gusto in the Pegasus World Cup Invitational and Improbable in the Whitney. Another venerable campaigner, the 6-year-old Channel Maker, earned champion turf male honors for owners Wachtel Stable, Gary Barber, R.A. Hill Stable and Reeves Thoroughbred Racing. Coming on strong late in the second half of the season under trainer Bill Mott, the chestnut son of champion English Channel won consecutive Grade 1 races, taking the Sword Dancer Stakes at Saratoga and the Joe Hirsch Turf Classic at Belmont before finishing third in the Longines Breeders’ Cup Turf (G1). The ever-consistent Rushing Fall captured the turf female Eclipse Award for e Five Racing Thoroughbreds and trainer Chad Brown by a nine-vote margin over Tarnawa (IRE). During her 5-year-old season, Rushing Fall, a bay daughter of More Than Ready, won three of four starts, including Grade 1 scores in the Coolmore Jenny Wiley Stakes at Keeneland and the Diana Stakes at Saratoga. She finished second by a neck to Audarya (FR) in the Maker’s Mark Breeders’ Cup Filly and Mare Turf (G1). Moscato (GB), owned by Bruton Street-US, was voted champion steeplechase horse. At age 9, Moscato, a gray son of Hernando trained by Jack Fisher, won the Temple Gwathmey Hurdle Handicap (G3) at 2 ½ miles at Middleburg, Virginia, in June, and followed that with a victory in the A.P. Smithwick Memorial Steeplechase (G1) at Saratoga in July. Led by Grade 1 winners Essential Quality and Fair Maiden and more than $5.7 million in total earnings, Godolphin earned the outstanding owner title. Based in Dubai under the direction of Sheikh Mohammed bin Rashid Al Maktoum, Godolphin tied for first last year with eight graded stakes among its 80 wins in North America. Godolphin previously won for outstanding owner in 2009 and 2012, and Sheikh Mohammed’s Darley Stable banner tied for top honors in 2006. WinStar Farm LLC was voted outstanding breeder. Based in Versailles, Kentucky, WinStar led all breeders in 2020 with 13 graded stakes wins, THE HORSEMEN’S JOURNAL

SPRING 2021

including Shedaresthedevil’s Kentucky Oaks and Swiss Skydiver’s Alabama and Preakness stakes. This is the second outstanding breeder honor for WinStar, which previously won in 2016. Alexander Crispin was named outstanding apprentice jockey by a five-vote margin over Yarmarie Correa. A native of Puerto Rico, Crispin won 103 races in 2020 on the mid-Atlantic circuit, with earnings of $2,194,030. Thomas Goldsmith, winner of the 2020 NTRA National Horseplayers Championship, was honored as the 2020 Horseplayer of the Year. Media Eclipse Awards are given in the categories of photography, audio and multimedia internet, news/enterprise writing, feature/commentary writing and television–feature and television–live racing programming to recognize members of the media for outstanding coverage of Thoroughbred racing. The following are the 2020 Media Eclipse Awards winners, which are determined by a judges’ panel for each category and previously announced: Photography—Alex Evers, Paulick Report, “A Derby Without Fans,” September 21, 2020. Audio/Multimedia Internet—Thoroughbred Daily News, “To Hell and Back: Belmont Marks a Deserved Triumph for New York City,” June 19, 2020, Joe Bianca, writer and narrator; Patty Wolfe, producer. News/Enterprise Writing—Natalie Voss, Paulick Report, Multipart Series: “A Decade In, How Are We Doing with Thoroughbred Aftercare?” December 2, 2019; “Emptying the Ocean With a Teaspoon: The Challenges of Aftercare,” December 3, 2019; and “Aftercare Should Not Be an Afterthought: Solutions for the Future,” December 4, 2019. Feature/Commentary Writing—Natalie Voss, Paulick Report, “‘An Angel on His Shoulder’: This Thoroughbred’s Fate Was Written in Ink,” May 13, 2020. Television–Feature—NBC Sports, “Riders Up: The World’s First Sports Bubble,” October 2, 2020, on NBCSN; produced by the Hennegan Brothers. Television–Live Racing Programming—NBC Sports, “The Breeders’ Cup World Championships,” November 7, 2020; Billy Matthews and Lindsay Schanzer, producers.

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NEWS

INDUSTRY NEWS

Thoroughbred Owner Conference Series Begins with Discussion on the Business of Racehorse Ownership

ore than 340 attendees tuned into the first session of the 2021 Thoroughbred Owner Conference series, which kicked off March 2 with a panel dedicated to the economics of racehorse ownership. The conference series is hosted by The Jockey Club and the Thoroughbred Owners and Breeders Association and presented by Bessemer Trust, Dean Dorton Equine, Stoll Keenon Ogden and Stonestreet Farm. The first panel of the 10-session virtual series was sponsored by Keeneland and featured insights from owners George Bolton and Maggi Moss; Sarah Reeves, attorney and member at Stoll Keenon Ogden; and Jen Shah, tax director at Dean Dorton. The panel was moderated by horse racing television analyst Caton Bredar. Shah and Reeves delved into tax, legal and insurance considerations when involved in racehorse ownership and discussed the effect of the COVID-19 pandemic on these issues. Bolton and Moss talked about their experiences in different areas of racehorse ownership, from the various costs to choosing a trainer to looking after a horse when its racing career is over. Both owners emphasized the importance of communication among all members of the team that make up a

racing stable. “The first session of this year’s owner conference series got off to a great start, with early feedback from attendees indicating that it was enjoyable, informative and insightful,” said Gary Falter, project manager for OwnerView. “We have content planned for the rest of the year that is designed to be helpful to owners of all experience levels, and I welcome those who have not yet signed up for this engaging conference series to do so.” The second session, “Selecting Your Thoroughbred Athletes,” will be held on Tuesday, April 6, at 2 p.m. ET. Sponsored by the New York Racing Association and moderated by Mike Penna of Horse Racing Radio Network, the panel will consist of Dr. Jeffrey Berk of Equine Medical Associates; Terry Finley, founder and chief executive officer of West Point Thoroughbreds; trainer Ken McPeek; and Gayle Van Leer of Gayle Van Leer Thoroughbred Services. 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. For more information about the owner conference series, including the full schedule of panels and registration, please visit ownerview. com/event/conference or contact Falter at gfalter@jockeyclub.com.

International Forum for the Aftercare of Racehorses to Be Held as Weekly Webinars

he International Forum for the Aftercare of Racehorses (IFAR) has announced its lineup of topics and speakers for its fifth conference, which will be held as a series of four virtual sessions on April 6, 13, 20 and 27. Each webinar will begin at 12 p.m. GMT and last approximately an hour. The 2021 IFAR will kick off on April 6 with “Aftercare in 2021,” a session that will provide an update on the organization’s activities from chair Di Arbuthnot and feature perspectives from Irish trainer Jessica Harrington, U.S. eventer Tik Maynard, U.S.-based Herringswell Stable owners Graham and Anita Motion and French-based Aga Khan Studs racing office manager Nemone Routh. The discussion will be moderated by U.K.-based international racing broadcaster Nick Luck.

“By hosting this year’s IFAR virtually, we are able to include participation from a greater range of aftercare advocates, experts and regulators from around the world,” Arbuthnot said. “Each session that we have planned will offer listeners the opportunity to learn from our speakers, engage with them through a live Q&A and share the best practices they have learned with their native racing jurisdictions.” Here are the remaining schedule of topics: April 13: Aftercare for Racing Administrators and Regulators April 20: Global Insights on Aftercare (Aftercare Providers, Equine Charities) April 27: Aftercare for Racing Industry Participants: Owners, Breeders and Trainers All sessions are free, but registration is required. For more information about the conference and to register, please visit internationalracehorseaftercare.com/virtual-ifar. Recordings of each session will be made available on the IFAR website. IFAR has previously been held in conjunction with the Asian Racing Conference in Cape Town, South Africa, in February 2020; the European & Mediterranean Horseracing Federation’s General Assembly in Oslo, Norway, in May 2019; the Asian Racing Conference in Seoul, South Korea, in May 2018; and the Pan American Conference in Washington, D.C., in May 2017. HJ

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SPRING 2021

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NEWS

HBPA NEWS

NATIONAL HBPA AND 11 STATE AFFILIATES FILE LAWSUIT TO STOP HORSERACING INTEGRITY AND SAFETY ACT

rganizations representing Thoroughbred horse owners and trainers have filed a federal lawsuit to stop a new law in which Congress punted on its legislative duties and, instead, handed the power to regulate horse racing over to a private group. Under the law, this elite group within the industry is allowed to monopolize power and change not only the rules but the federal laws that govern horse racing across the country. In December 2020, Congress tucked this pet project pushed by elite horse racing interest groups into the COVID-19 stimulus plan. With the passage of the Horseracing Integrity and Safety Act (HISA), Congress ends 125 years of state regulation and nationalizes control over horse racing by creating and ceding federal lawmaking power to a private nongovernmental body called the Horseracing Integrity and Safety Authority, or the “Authority.” The National Horsemen’s Benevolent and Protective Association (National HBPA) and state affiliates in Arizona, Arkansas, Indiana, Illinois, Louisiana, Nebraska, Oklahoma, Oregon, Pennsylvania, Washington and West Virginia are suing the newly created Authority and the Federal Trade Commissioners who are tasked with nothing more than rubber-stamping the Authority’s rules. In addition, they are suing the Nominating Committee and asking the court to immediately stop it from appointing the board members of the Authority. They are represented by attorneys at the Liberty Justice Center, a national public interest law firm that defends constitutional rights. “All Americans should be concerned when Congress gives power to regulate an entire industry to a private group of industry insiders,” said Brian Kelsey, senior attorney at the Liberty Justice Center.“This goes way beyond setting rules for the sport of horse racing. This is not the NBA or the NFL. The Authority has the power to make laws, issue subpoenas and effectively tax owners with little real oversight. Placing that power in a private organization is illegal and must be stopped.” The National HBPA and its affiliates had effectively held back the passage of HISA since it was first introduced in 2015. Opponents on Capitol Hill repeatedly pointed out that HISA illegally delegated power to a private entity. Despite the pushback, the measure was covertly added to the December 21, 2020, COVID-19 stimulus bill. Now, moneyed horse racing competitors have carte blanche from the federal government to control an industry that also serves as the primary livelihood for many HBPA members and an economic driver in many states such as Kentucky, Louisiana and Pennsylvania. “There’s a real concern among Thoroughbred horse owners that this could put us out of business,” said Bill Walmsley, president of the Arkansas HBPA. “By

passing HISA, Congress picked winners and losers and put well-connected owners in charge of horse racing across the country. There was no serious debate or discussion about the costs, let alone the legality of creating a private group to control horse racing.” The lawsuit, National Horsemen’s Benevolent and Protective Association v. Black, was filed on March 15, 2021, in the U.S. District Court for the Northern District of Texas. To read the lawsuit and information about this case, visit libertyjusticecenter.org/media/horse-racing. BACKGROUND The Horseracing Integrity and Safety Act was first introduced by U.S. Reps. Paul Tonko (D-N.Y.) and Andy Barr (R-Ky.) in 2015. After no movement on the bill for five years, Sen. Mitch McConnell (R-Ky.) announced his support in August 2020. It was passed by the U.S. House of Representatives the next month and then passed the U.S. Senate as part of the Federal COVID-19 Relief Bill on December 21, 2020. HISA creates an unelected national board, or “Authority,” to replace the current state regulatory structure, and it allows the Authority to impose new fees and costs on the industry. The majority of those who will have to pay the fees are working-class horsemen and women. Proponents claimed that HISA would bring uniformity and safety to the sport; however, congressional opponents repeatedly criticized the unprecedented power and unfunded mandate given to the appointed nine-person board of the Authority. A large percentage of horsemen also believe the law is not in the best interest of racehorses’ health and that the power grab by wealthy industry leaders creates more problems than it fixes. The U.S. Constitution and subsequent foundational U.S. Supreme Court decisions say that Congress cannot delegate its legislative authority. However, HISA unlawfully gives the newly created Authority the right to: • Draft governmental rules on equine medication and safety; • Assess millions of dollars in fees on horse owners and trainers to finance the operations of the Authority; • Assess civil penalties, civil sanctions and rule violations, including levying fines and ordering suspensions of owners and trainers for alleged violations of Authority rules; and • Issue subpoenas and otherwise investigate purported violations and commence civil actions in federal court to enforce Authority rules.

The Liberty Justice Center is a nonprofit, nonpartisan public-interest litigation center that represents clients at no charge and was founded to fight against political privilege. The most recent example of the Liberty Justice Center’s national success in this arena is its 2018 U.S. Supreme Court victory in Janus v. AFSCME. Beyond its work in the Janus case, the Liberty Justice Center’s team of talented, liberty-minded attorneys also fight to protect economic liberty, private property rights, free speech, school choice and other fundamental rights. The Liberty Justice Center pursues its goals through strategic, precedent-setting litigation to revitalize constitutional restraints on government power and protections for individual rights. Learn more about the Liberty Justice Center at libertyjusticecenter.org. 12

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REMINDER ABOUT BENEFITS FOR NATIONAL HBPA MEMBERS As North America’s largest association of horsemen, the National HBPA is able to secure a variety of discounts and benefits for its members. As a reminder, if you are a member of any of the nearly 30 affiliates of the National HBPA, you are eligible for member benefits. One of the most popular benefits is the group-purchasing discounts available through Equine Equipment. This program allows horsemen to save on equipment and products from Toro, New Holland, Exmark, Tenda, Ventrac and FarmPaint. There are no fees or additional memberships required to receive the discounts, just a call to Equine Equipment at (877) 905-0004. Another popular benefit is the eligibility to participate in the owner/ trainer liability program administered by Sterling Thompson Equine (formerly Lavin Equine Insurance Services). This insurance helps to protect your assets in case of injury or damage to property arising from your equine activities, including breeding, training, racing and sales. For more information, call (502) 228-1600. “We have worked hard to provide a wide range of benefits for National HBPA members from reputable companies with a history of supporting horsemen,” said National HBPA CEO Eric Hamelback.

“Supporting these companies not only helps horsemen save money, but it shows support for those who have supported the National HBPA. I hope horsemen consider these benefits and also try to support all of our corporate partners, including Daily Racing Form, Equine Equipment, equineline, Finish Line Horse Products, Horseman Labor Solutions, Sterling Thompson Equine and Xpressbet.” Other benefits available for members include fire, disaster and vanning insurance, in addition to a varied list of benefits offered by local affiliates. Horsemen are encouraged to check with their local HBPA for a list of benefits available and review the Member Benefits section of the National HBPA website at hbpa.org for more information about benefits available to all members. You can also scan the accompanying QR code with your mobile device to directly access the member benefits page. HJ

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NEWS

RESEARCH AND MEDICATION UPDATE

New Penn Vet Test Can Detect Presence of Gene Doping in Horses Researchers at the University of Pennsylvania School of Veterinary Medicine (Penn Vet) have successfully developed a new test to systemically detect the local administration of illicit gene-doping therapies in equine athletes. The findings from the novel study, supported in part by the Pennsylvania Horse Breeders Association (PHBA) and the Pennsylvania State Horse Racing Commission, are a significant breakthrough in the collective fight to advance the welfare and integrity of the sport for both horses and humans. study, the harder it will be for individuals who seek to cheat the system using gene-doping strategies.” This ongoing body of research in gene doping is being performed concurrently with Penn Vet’s larger multitiered, multiyear project to expand on New Bolton Center’s equine BioBank. Established in 2017 using internal funds from the Raymond Firestone Trust Research Grant and expanded in 2018 with support from the PHBA, the growing database collects and analyzes multiple types of samples, looking for a myriad of potential biomarkers in equine athletes. With the goal of someday creating “biological passports,” researchers believe these biomarkers also could be key to detecting gene doping as well as predicting injuries before they happen. “As breeders, protecting the health, safety and well-being of our horses is a deeply profound and personal priority for our membership,” said Brian Sanfratello, executive secretary of the PHBA. “These scientific discoveries get us one step closer to our dream of someday keeping equine sport completely clean. We are proud to support Dr. Robinson and her team of experts as they continue to incrementally drive us closer and closer to making that dream a reality.” With the completion of a third study on the horizon, Penn Vet’s researchers seek to further expand and refine their testing methodology to create screening tests that would successfully identify multiple gene-doping agents for even longer periods of time. “We still have a lot of work to do to better understand the nature of biomarkers and how to fully harness their capabilities, but the science for detecting gene doping is getting there and much more quickly than any of us could have anticipated when we started this research,” Robinson said. “Ideas that once may have seemed unattainable—like a handheld, stall-side testing device—are now coming into sight as real and tangible possibilities. We just need continued support to help get us there.” HJ

DENIS BLAKE

Unlike other small molecule pharmaceuticals, gene-doping agents trigger cells to produce performance-enhancing proteins. These proteins, which often are more elusive due to their virtually indistinguishable characteristics from naturally occurring proteins within the body, can make it more difficult to determine whether an animal or human has had gene therapy administered— until now. Led by Mary Robinson, PhD, VMD, DACVCP, assistant professor of Veterinary Pharmacology and director of the Equine Pharmacology Laboratory at Penn Vet’s New Bolton Center, the team of Penn Vet researchers has created and validated a quantitative real-time polymerase chain reaction test—commonly known as a PCR test—that is able to detect the presence of a gene-doping agent in plasma and synovial fluid after its intra-articular administration in horses. “For the first time, we have demonstrated that a PCR test performed on a blood sample can detect the local administration of a gene therapy into the joint of a horse,” Robinson said. “While this test is currently limited in that it can only detect a specific gene therapy, it provides proof of concept that a gene therapy administered into the joint can be detected in a blood sample in a manner that is quick, convenient and consistent with our long-term goal of deploying pre-race testing someday in the future.” Not only were the Penn Vet researchers able to detect the presence of this product in equine joint fluid after the gene therapy’s intra-articular administration, but they also were able to detect it in blood for up to 28 days. This represents a significantly robust window of time that could be useful for pre-race and out-of-competition testing. “The ability to detect the presence of these gene-doping agents in blood after local administration to joints just magnifies the implications of this game-changing development,” said Joanne Haughan of Mag.med.vet, one of the lead investigators on the study. “The science is closing in on those who seek to use these advancements for wrongful means. The more we learn with each

THE HORSEMEN’S JOURNAL

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COURTESY HEATHER ANDREASEN

FEATURE

LAYLAH KEY, PICTURED WITH A HORSE NAMED WESTERN RIDGE, IS A FAN OF ALL HORSES, BUT HER FAVORITE IS SPECIAL KEY, AFTER WHOM SHE IS NAMED.

The story of an incredible bond between a mother, her daughter and a racehorse By Denis Blake

SPECIAL KEY When you received this issue of The Horsemen’s Journal, you might have wondered, “Who is that little girl on the cover?” and “Who is that horse the girl seems to have a wonderful connection with?” There’s a story behind every photo, and the story behind this one is another wonderful example of the beautiful bond between humans and horses.

THE HORSEMEN’S JOURNAL

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FEATURE COURTESY HEATHER ANDREASEN

COURTESY HEATHER ANDREASEN

TRAINER GARY SCHERER WITH LAYLAH KEY, WHO HE CALLS “LITTLE KEY.”

In answer to those questions, the girl is named Laylah Key and the horse is Broken Key. The fact that Key is part of both their names is no coincidence: Laylah received her middle name in honor of the horse her mother worked with as a hotwalker on the backside of Canterbury Park in Minnesota. Here’s the story behind the photo. Heather Andreasen, Laylah Key’s mother, started working for trainer Gary Scherer in 2013 at Canterbury when the company she was working for closed. The following year, she met Broken Key for the first time. The then 4-year-old gelding by Broken Vow was not a superstar, but he was a proven competitor. At one point in his career, he hit the board in 16 of 17 starts over a 2 ½-year period against claiming, starter allowance and allowance company. “I have walked probably over 100 different horses and have only had four real favorites, and he is one of them,” Heather said about the Kentucky-bred Broken Key. “He had such a personality, like he could talk to you with his eyes, and, oh boy, did they light up when you came to his stall to walk him, usually followed by a little nicker. He was also the master of begging for peppermints…worse than any dog I have ever seen.” Broken Key also could be a little tough to handle, so Heather ended up walking him most of the time because Scherer liked the way she handled him. That’s when the bond started. Heather only worked for Scherer during the spring/summer meets at Canterbury and remained in Minnesota when the stable moved on to race in New Orleans and Chicago during the fall and winter. “I followed Broken Key online when he would go to Arlington and Hawthorne and then winter at Fair Grounds,” Heather said. “I watched all his races and would ask Gary for updates or pictures on how he was doing.” When Heather became pregnant with Laylah in 2017, she knew she wanted to incorporate her favorite racehorse’s name into her daughter’s name. “I think it had a nice ring to it, and even now if you ask her what her name is, she will proudly say, ‘Laylah Key,’” Heather said. Heather got to know the owners of Broken Key and told them when it was time to retire the gelding, she would love to give him a home. At

“He had such a personality, like he could talk to you with his eyes, and, oh boy, did they light up when you came to his stall to walk him, usually followed by a little nicker. He was also the master of begging for peppermints…worse than any dog I have ever seen.”

THE HORSEMEN’S JOURNAL

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COURTESY HEATHER ANDREASEN

COADY PHOTOGRAPHY

AT LEFT, BROKEN KEY SCORES A VICTORY AT CANTERBURY PARK AND IS CLAIMED OUT OF THE RACE. AT RIGHT, GARY SCHERER AND HIS CREW TAKE A SELFIE WITH BROKEN KEY AFTER CLAIMING HIM BACK.

“I watched the race at work and waited for the claims to be announced at the end of the race and broke down crying at my desk when I heard Gary had claimed him back,” Heather recalled. “About 10 minutes after the race, Gary sent me a selfie of himself and the grooms with Key in the wash rack. My heart was so happy.” On November 26, 2020, Broken Key made his 56th and final start and was retired with a record of 14 wins, 14 seconds and five thirds with earnings of $263,397. “Gary is very superstitious, like I think a lot of trainers are, and had mentioned a few times that Key might had won some of his other races if Laylah had been there, as the last two wins he had, Laylah happened to be there,” Heather said. So, how does the story end? After a long wait—and some ups and downs—Heather, Laylah Key and Broken Key are set to be together again because the gelding is ready to live out his days in Minnesota. He’s expected to be shipped to his new home later this spring. “Gary texted me and asked, ‘Are you ready for him?’” Heather said. “‘Are you sure you are going to be able to care for him for for the next 15 years, because you know he’s tough and probably will live till he’s 30.’” That would be just fine with Heather—and with the now 4-year-old Laylah Key. “He is 11 years old and has the heart of a 2-year-old, not to mention he still acts like one,” Heather said. “I can’t wait for him to get here, and he will have a home for the rest of his life.” HJ

“Gary texted me and asked, ‘Are you ready for him?’” Heather said. “‘Are you sure you are going to be able to care for him for the next 15 years, because you know he’s tough and probably will live till he’s 30.’”

THE HORSEMEN’S JOURNAL

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SPECIAL KEY

one point, Broken Key appeared ready to retire with some minor injuries so it looked like that might happen. But the competitive side of the gelding was still strong, and after a bit of farm rest, he was often seen flying around the pasture. With his ailments healed, he was put back in training. Fast forward to 2019, when Heather was only working at the track occasionally while she was raising her young daughter. “I was in Gary’s office talking to him, and I glanced out into the shedrow and saw a familiar face—my Broken Key!” she recalled. “He never told me he kept him, let alone brought him out of retirement.” It turns out that Scherer had taken ownership of the gelding by that point, so the chance was there again for Heather to eventually bring him home. On June 9, 2019, a special moment occurred in the lives of Heather, Laylah Key and Broken Key. Entered in an allowance/ optional claiming race on the Canterbury turf course, the 9-year-old gelding rolled to a decisive 2 ¼-length win and headed to the winner’s circle for the 13th time in his career. Heather and Laylah Key were there to greet him in the winner’s circle, but it turned out they also had to say goodbye because Broken Key was claimed for $15,000 out of the race. Heather was devasted. She did find some solace, however, when Scherer told her he would try to claim him back. In January 2020, Scherer came through on that promise, and he claimed Broken Key back for $5,000 at Fair Grounds.

FEATURE

Back on

Track After a one-year hiatus, Track Superintendent Field Day returns with a goal of making racing safer for all

Story and photos by Denis Blake

Perhaps at no point in the history of horse racing has there been such a focus, both within and from outside the industry, on the safety of our horses and riders. The time, energy and money being spent to create and maintain the safest possible racing surfaces are something horse racing can point to as signs of positive change, and a good amount of credit for that needs to go to a sometimes under appreciated group—track superintendents and their staffs. 22

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So, it stands to reason that in an industry with a plethora of conferences and conventions, the one that focuses on track superintendents and their work still flies under the radar, even though it’s been around for almost 20 years. Track Superintendent Field Day brings together track superintendents to discuss best practices related to track maintenance, safety and operational issues for racing and training facilities worldwide. After a one-year break due to COVID-19, the event returns this year and will be held June 14-15 at Indiana Grand Racing & Casino, now part of Caesars Entertainment. “Because Track Supers Field Day is the only annual gathering for the hardworking men and women who help ensure the safety of our horses and riders, we felt it was important to have the event this year after being forced to cancel in 2020 due to COVID-19,” said Roy Smith, founder of the event and track superintendent at Indiana Grand. “We are proud to do our part to contribute to the greater good of the industry by helping put on this event at Indiana Grand, and we look forward to hosting attendees for two days of education, idea-sharing and camaraderie.” The event was originally scheduled to be held at Remington Park in Oklahoma City but was shifted to Indiana Grand for a central location that would allow more attendees to drive. “We sincerely thank Remington Park for everything they did in the original planning of this event, and we hope to be able to hold a Track Supers Field Day there in the near future,” Smith added. This year’s event will mark the second time hosting for Indiana Grand, which held the event in 2016. “Caesars Racing is dedicated to safety at all of our facilities, so hosting this year’s event was an easy decision for us,” stated Joe Morris, senior vice president of racing for Caesars.

Making It Accessible for All One thing that sets the Track Superintendent Field Day apart from most other industry gatherings is the registration fee—or lack thereof. “Thanks to the generosity of numerous sponsors, Track Supers Field Day invites track superintendents and staff to attend with no registration fee,” said Steve Andersen of Equine Equipment, the event’s title sponsor. “Attendees are only responsible for their transportation expenses, and a discounted hotel rate will be available.” More than 100 attendees from across North America and as far away as Dubai convened for the 2019 event at Hollywood Casino at Charles Town Races in West Virginia. “For many years, I never attended, and I didn’t go the first 10 years or so,” said Doug Bowling, track superintendent at Charles Town. “And then when I started attending, I saw how valuable the networking and friendships are. The classes are always helpful, but you get to put faces with names and develop relationships, and then you have the ability to call someone when you might need a little help. It’s one of the greatest tools we have as track supers.” While most other industry events are focused on a single breed, Track Superintendent Field Day includes representatives from Thoroughbred, American Quarter Horse and Standardbred racing. “This is a critical time for racing for all breeds,” said John Campbell, a Hall of Fame harness racing driver who now serves as president and CEO of the Hambletonian Society and was a featured speaker at the 2019 event. “The general public can’t always distinguish between Quarter Horses, Thoroughbreds and Standardbreds; they just see horse racing. We are all in the same boat, and this is something we all need to be on board for and work together.” The 2019 meeting included a wide variety of panels, including those covering horse ambulance response time, communication between jockeys and track management, extreme weather and irrigation technology.

There When You Need Them Much like an EMS worker or other first responder, sometimes the track superintendent is forgotten about until there is a time of need, like a winter storm. Many of the nation’s tracks lost racing days due to snow and ice this past winter, but a safe and quick return to racing was possible due to the work of track supers. “It’s all hands on deck from the beginning of a snowstorm to the end of it, and pretty much everything in our equipment yard is put into use,” said Bowling about this year’s winter weather at Charles Town. “We got a solid eight to nine inches. We had three straight days of snow. “Snowblowing puts quite a load on the tractors, and we blow a lot of snow with these,” he added. “It’s pretty impressive what they can do.” Even when it’s not snowing, the winter months are a challenge for most tracks. “In the wintertime, the tractors will run almost nonstop from sundown to 6 a.m. in the morning,” Bowling said. “From Thanksgiving to the first week of March, they run basically the whole time it’s dark.” Tony Martinez, track superintendent at Gulfstream Park near Miami, doesn’t have to deal with snow and ice, of course, but surprisingly, he said that South Florida’s frequent rain showers are not his biggest cause of stress. “It’s the wind and sunny weather,” he said about his biggest concern because they can dry out the track. “When it rains, I love it because the track firms up; it’s like the beach, and it gets nice and tight, and you can run on it all you like.” THE HORSEMEN’S JOURNAL

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FEATURE

“When it rains, I love it because the track firms up; it’s like the beach, and it gets nice and tight, and you can run on it all you like.” Not a 40-Hour Week It’s no secret that training racehorses ranks among the most grueling of professions, as caring for Thoroughbreds is a 24-hours-a-day, 365-days-a-year job. So is caring for a racetrack, which means track supers put in the same kind of hours trainers do. “My day starts at 3 a.m., and I begin by looking at what needs to be done depending on the weather,” Martinez said. “By 7 a.m., we have our first break, and we train all the way until 10 a.m., and then it’s go time to start prepping the track for racing at noon.” After a full day of working the track during the races, usually ending around 5 p.m., Martinez has a daytime crew that heads home, but he’s still on duty getting his second crew set to prep the surface for the next day and seal the track overnight if necessary due to rain. Then he starts all over again the next day.

“The dependability is huge in racing,” he said. “You just can’t stop the show.” Perhaps you have both a Ford and a Chevy in your driveway, and if they are the same color, the two vehicles will not look that much different. But the color schemes of tractors are pretty well set by tradition, from the iconic green, yellow and black of John Deere to the distinctive blue of New Holland. Of course, there are no rules against having different tractor brands at the same track, but the aesthetics are not as pleasing to the eye if there is a rainbow of tractor colors working the surface. “We had a mixed array of tractors when I got here in 2000, but shortly thereafter is when I started converting over all to New Holland, and it’s been that way since about 2005,” Bowling said. “Once we had three of them, that’s when the color comes into play.” Even the most reliable tractors will have an unexpected issue from time to time. And just as passenger vehicles have become more computerized and technology-driven in recent years, so have tractors. While equipment downtime is a concern for any business, it is especially so for a racetrack, where the races can’t stop just because a tractor does. Bowling has a total of seven tractors, and he demands quite of bit of them with daily use. “No matter how good the tractors are, with seven of them you have seven times the chance of having an issue once in a while,” he said. If you have ever had the check engine light come on in your vehicle, you know how frustrating it can be to determine what the issue is and the inconvenience of having to bring it to the dealer or a repair shop just to determine if the problem is minor or major. “New Holland actually gave us a computer to scan with so we can do troubleshooting here on-site and then call them with the codes that are coming up so we can get it fixed,” Bowling said. “It’s a nice thing to do for a customer and speeds the process up. It saves a day from having them need to come down to scan it and then figure out what part might be needed.” So next time you send a horse out for a race and it comes back to the barn safe and sound, just remember to thank your track superintendent and their staff for the work they’ve done to make it possible. HJ For more information about Track Superintendent Field Day, go to tracksupers.com.

Tools of the Trade If you are a horseman, chances are you own some type of pick-up truck or sport utility vehicle. And chances are you have a preferred brand of vehicle. Whether you are loyal to Ford, Chevy, Dodge or any other brand, it’s a matter of personal preference. For both Bowling and Martinez, their tractor of choice is New Holland. “I’ve been using New Hollands since I think about 1996,” Martinez said. “We just got two brand-new tractors, and I love them. They are absolutely everything you can dream of with all the bells and whistles and more.” Martinez has a total of 10 New Holland tractors between Gulfstream and nearby Palm Meadows Thoroughbred Training Center. The tractors are often running for nearly 10 hours a day, so reliability is a priority.

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Twenty Years of Education

What started as a small gathering in 2002 at Philadelphia Park (now Parx Racing) has grown into an international conference for track superintendents and their staffs. Track Superintendent Field Day has rotated all around North America to make it accessible to as many attendees as possible. 2002 – Philadelphia Park/Parx Racing 2003 – Arlington Park 2004 – Sam Houston Race Park 2005 – Del Mar 2006 – Churchill Downs

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2007 – Lone Star Park 2008 – Keeneland Race Course 2009 – Prairie Meadows 2010 – Belmont Park 2011 – Parx Racing

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2012 – Woodbine 2013 – Del Mar 2014 – Tampa Bay Downs 2015 – Mountaineer Park 2016 – Indiana Grand

2017 – Canterbury Park 2018 – Oaklawn Park 2019 – Charles Town 2020 – Not held due to COVID-19

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FEATURE

Former racehorse Deputy Maverick takes on a new job in law enforcement By Maryjean Wall

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he road to Frankfort, Kentucky, curves around the east end of Versailles and soon passes Brookdale Farm, where Thoroughbreds are foaled and raised for racing careers. One among them was a dark bay colt, born April 23, 2014, when a bright spring day had reached a pleasant 61 degrees but dropped that night to a bracing 40. The weather was perfect for racehorse training, for birthing foals and for Keeneland racing. Any candidates for the Kentucky Derby who remained at Keeneland would soon depart for Churchill Downs, with the Derby to be raced 10 days later. The new foal at Brookdale, taking his first steps in the straw, did not fulfill those Derby dreams that every racehorse owner harbors. But this foal, eventually named Track Shill, did win his only start. And seven years following his birth and long after his racing career ended, he was headed to his own Kentucky Derby: Super Bowl LV.

NEW GAME, NEW NAME Track Shill’s story is one of many attached to Thoroughbreds who find new jobs after leaving the racetrack. Track Shill had been renamed Deputy Maverick, had joined the mounted guard unit for the Lee County Sheriff’s Office in Fort Myers, Florida, and was retrained as a police horse. An invitation to assist in crowd control outside Tampa’s Raymond James Stadium when the Tampa Bay Buccaneers and Kansas City Chiefs kicked off on Sunday, February 7, turned this former racehorse into an instant media star in southwest Florida. Sadly, a last-minute injury to a ligament in his left front leg pulled Deputy Maverick out of the Super Bowl lineup. Instead of being at the world’s biggest sporting event, he ended up back home, resting in his stall as his veterinarian ordered. But he’s still a star in Fort Myers and Naples, with television stations in both cities asking for interviews with his handlers even after he was scratched from working the game. It’s not every day that a former racehorse is invited to the Super Bowl. Though he missed his chance to be there as Tom Brady and the Buccaneers defeated the Chiefs, the good news is that Deputy Maverick is expected to be back on the job later this year.

“THEY CAN DO ANYTHING”

Track Shill’s story is one of many attached to Thoroughbreds who find new jobs after leaving the racetrack.

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Deputy Maverick’s story has brought a lot of attention to the Lee County Mounted Guard Unit. His story also is bringing attention to the great efforts some racehorse owners go through to place their retired animals in new careers. “I think you would be surprised at how many good owners there are out there,” said William Sorren of Miami Beach, Deputy Maverick’s owner when the horse was Track Shill. “With every injured or retired horse I possessed, I’ve found a good home for them,” Sorren said. “I’ve been able to place 25 or so horses over the 41 years I’ve been in racing.” He recalled sending one to the police department in Ocala, Florida; another to a show stable to become a hunter-jumper; and another to a facility providing hippotherapy to children. One way racehorse owners can connect with rehoming organizations is through an organization in Lexington called the Thoroughbred Aftercare Alliance. This group accredits, inspects and awards grants to approved facilities that retrain and rehome racehorses. It receives funding from various groups in the horse industry, including the National HBPA and many of its state affiliates. Its seed money came from Breeders’ Cup Ltd., The Jockey Club and Keeneland Association Inc.

COGLIANESE PHOTOS

FEATURE

DEPUTY MAVERICK, RUNNING UNDER HIS REGISTERED NAME, TRACK SHILL, ONLY MADE ONE TRIP TO THE POST, WINNING A MAIDEN CLAIMING RACE AT GULFSTREAM PARK IN 2017.

We just have to remind people that, given time, when these horses realize they’re not in training to race anymore, they can do anything. —Suzie Oldham, TAA inspections coordinator Currently, 81 organizations with 170 facilities for horses have received accreditation from the Thoroughbred Aftercare Alliance. “There are so many organizations out there,” said Suzie Oldham, inspections coordinator for the alliance. “We just have to remind people that, given time, when these horses realize they’re not in training to race anymore, they can do anything.”

AN OFFICER IN NEED When Deputy Maverick raced as Track Shill (his sire is Artie Schiller), he looked at first like he might have a useful racing career ahead of him. He was large for a Thoroughbred, nearly six feet tall and big-boned, a linebacker of a horse. On March 10, 2017, trainer Angel Penna Jr. sent him out in a $25,000 maiden claiming race at Gulfstream Park in Florida at a mile on the dirt. Track Shill, racing third, turned on the speed approaching the far turn and had the

lead by the homestretch. He won by 2 ¼ lengths. All hopes for more great racing ended when he broke one of two small ankle bones, called sesamoids, in his right front leg during a training exercise. Track Shill was facing retirement. Sorren, his owner, wanted to find him a good home. Sorren sent Track Shill back to Ocala, where two training facilities had prepared the horse for his racing career. These were The Acorn, where owners William and Lyn Rainbow introduced Track Shill to the saddle and how to carry a rider, and Nick and Jaqui de Meric’s facility, where he received advanced training before heading to the racetrack. With Track Shill now returned to them, the Rainbows received a recommendation on a rehoming facility in Naples, called Track to Trail Inc. Track Shill’s life took a big turn at this farm, which was founded by Cynthia Gilbert. He settled in and eventually relaxed from his high-intensity racing career, allowing the young girls who worked at Track to Trail to groom and fuss over him. Then he met his future—a sheriff’s deputy, Corporal Aaron Eubanks, who,

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like Track Shill, was going through a big transition. Eubanks had lost a favorite patrol horse to colic a few months earlier. He was so distraught that he did not want to ride another horse for some time. But he had one horse remaining at home and that horse needed a pasture buddy. Eubanks saw Track Shill, fostered him for a month and adopted him. He gave him a new name: Maverick. He saw in him the potential for a police horse. The Lee County Sheriff’s Office deputized Maverick upon completion of his training. The horse received a police badge: a metal wreath surrounding a star with Maverick’s name across the top. The badge is the same as the badge detectives wear in Lee County.

COURTESY LEE COUNTY SHERIFF’S OFFICE

Eubanks saw Track Shill, fostered him for a month and adopted him...He saw in him the potential for a police horse.

Reprinted with permission of the Lexington Herald-Leader and Kentucky.com. Maryjean Wall was the turf writer for 35 years at the Lexington Herald-Leader. She won three Eclipse Awards for her writing and, upon retirement, authored two books related to horse racing: How Kentucky Became Southern: A Tale of Outlaws, Horse Thieves, Gamblers and Breeders and Madam Belle: Sex, Money, and Influence in a Southern Brothel.

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COURTESY LEE COUNTY SHERIFF’S OFFICE

As Deputy Maverick, the horse has worked mostly at ceremonial events— funerals, parades and military memorials for deceased veterans. In Tampa, outside Raymond James Stadium, he was to face a more intense experience of noisy crowds. Police in Tampa invited mounted patrols and guard units from several surrounding counties to assist throughout Super Bowl week, and that’s how Deputy Maverick and Eubanks received their invitation. With Maverick unable to participate, Eubanks took his other mount, a Percheron named Argus, to ride patrol at the event. “I’m a little disappointed Maverick won’t be doing it,” Eubanks said on his way to Tampa. Sometimes he watches the video of his horse’s winning race at Gulfstream and reminds himself, “How about that? I’ve got a winning racehorse.” Eubanks in late February said that Deputy Maverick is healing well after some stall rest. “Maverick is doing a lot better,” he said. “He is no longer limping; however, he favors his right leg when he turns. He’ll have to wear an anatomic bar shoe on his front feet for six months. But I expect him to make a full recovery and rejoin the team.” In Kentucky, where this story began, people like Oldham of Thoroughbred Aftercare Alliance would say it is not so difficult to imagine a racehorse turning to police work. “People are finding so many different uses for Thoroughbreds,” she said. HJ

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FEATURE

n the early years, the sport of horse racing seemed simple. There was no simulcasting, discussion of appropriate marketing strategies, super testing or betting via direct computer links. There was no NTRA, THA, TOC, TOBA, UTTA, AQHA or other organizations representing horsemen’s interests.

Horsemen have a habit of taking care of their own. If someone was sick or down on his luck, they “passed the hat,” taking up collections, which is a time-honored tradition among racetrackers. It was in 1940 in New England that a group of committed horsemen brought into existence what is now known as the National Horsemen’s Benevolent and Protective Association. From this meager beginning the National HBPA has developed into an organization representing the horsemen’s interests on a myriad of issues. Today, there are nearly 30,000 owner and trainer members throughout the United States and Canada focused on a common goal—the betterment of racing on all levels. With this purpose in mind, we welcome and encourage all horsemen to join the National HBPA, and we urge our members to take an active role in the direction and policies of our organization. It is our members who make a difference. We horsemen are the National HBPA.

We are Leading into the Future and we are…… Horsemen Helping Horsemen

The National HBPA Inc. Eric Hamelback, CEO Phone: 859-259-0451 • Toll Free: 866-245-1711 • Email: ehamelback@hbpa.org 3380 Paris Pike Lexington, KY 40511 Website: www.hbpa.org Facebook: www.facebook.com/NationalHBPA • Twitter: @nationalhbpa

FEATURE

ISSUES

HISA

DANIEL – STOCK.ADOBE.COM

WITH

The lack of a funding mechanism is just one of the problems with the Horseracing Integrity and Safety Act

By Kimberly Brewer, DVM, MSc; Clara Fenger, DVM, PhD, DACVIM; William Knoll; and Abelardo Morales, DVM, MSc

ON DECEMBER 27, PRESIDENT DONALD TRUMP SIGNED INTO LAW A GOVERNMENT FUNDING BILL AND COVID-19 RELIEF PACKAGE. Tucked away into this massive omnibus bill was the Horseracing Integrity and Safety Act of 2020 (HISA). As written, this bill was not supported by the North American Association of Racetrack Veterinarians, the National Horsemen’s Benevolent and Protective Association, the United States Trotting Association or the American Quarter Horse Association. This lack of support is based on a significant number of concerns, not least of which is the undefined and apparently open-ended fee assessment that is part of the act. Just before press time for this issue, the National HBPA and 11 state affiliates filed a federal lawsuit to stop the new law. See page 12 of this issue for more about the lawsuit and page 38 of this issue for a detailed look at the legal and constitutional issues with HISA. Another key issue involves HISA’s approach to medication oversight and enforcement. Horsemen have long been concerned about the lack of uniformity among racing jurisdictions with regard to both the setting and enforcement of medication rules. The existing system is based on model rules approved by THE HORSEMEN’S JOURNAL

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professional racing regulators within the industry’s umbrella administrative organization, the Association of Racing Commissioners International (ARCI). These regulators evaluate these model rules, which are voted on at the national level and then considered for inclusion into each individual jurisdiction’s rules of racing. Within this system over the last eight years, racing’s medication rules have rapidly evolved toward uniformity, with most differences reflecting variations among the methodologies used by different testing laboratories rather than differences among the rules themselves. HISA ignores this existing and functioning regulatory framework and creates a new and, to date, untried regulatory framework for medication oversight, starting from the ground up at great expense. Further, because the ARCI develops and maintains model rules for more than just medications, the passage of HISA does not replace the ARCI. Therefore, any costs associated with the act would be added to the bottom line rather than replace the existing structure.

FEATURE

COST OF HISA This new federal act places the United States Anti-Doping Association (USADA) at the helm of a newly established anti-doping and medication control enforcement agency. Extrapolating from the existing USADA budget of about $20 million and comprising only 7,336 drug tests administered annually, a USADA drug test costs, literally, $2,998.90 per test. Taking this per-test cost and multiplying it by the 260,000 post-race and out-of-competition tests that are performed in horse racing annually gives a budget figure of $780 million per annum or approximately three-quarters of a billion dollars and change. HISA seeks to add this amount as a charge to the state racing commissions as a per-starter fee. With about 600,000 starts per year (based on 2018 statistics), this equates to a fee of about $1,300 per start. Horses earn, on average, $2,250 per start, so this fee would slash by more than half any horse’s potential earnings. Even with some lesser amount charged by USADA to the industry from an economy of scale, this fee forced onto owners and trainers would result in massive contraction of the sport.

TERRI CAGE – STOCK.ADOBE.COM

with antibiotics ($90+/week), bronchodilators ($100+/week), hyperbaric oxygen treatments ($100+ each), days unable to train or race ($55+ per day) and ultimately “horse wastage,” in the form of horses unable to race because of EIPH who then will require new homes. Remarkably, under the current system, the administration of furosemide at four hours before the race is uniformly accepted and employed in every racing jurisdiction. This act would ban outright the one medication everyone in the industry in every jurisdiction has agreed on. HISA further establishes that all existing medication thresholds, including ARCI and other international thresholds, be adopted, and where there is a conflict in thresholds, the more stringent must be adopted. The established authority would not change a threshold to a less stringent level. This is despite the fact that most of the existing thresholds are based on unpublished research, with no statistician involved and no consideration of the relationship between the level and the effect of the medications on the horse. HISA is restricted to Thoroughbred racing but allows the established authority to include both Standardbreds and American Quarter Horses if requested by the state racing commission. This would create a patchwork of medication rules for different racing breeds in which horsemen competing across state lines could face widely varied rules. There is no provision in HISA for the different requirements of different breeds.

HISA does not limit its tax burden to the participants of the sport. The Federal Trade Commission (FTC) will be tasked with its oversight, and administrative law judges (ALJs) hearing any cases arising from medication violations will have to receive compensation. Such tax liability will fall on all taxpayers and not just the horse racing industry. Further, fans who support horse racing with their betting dollars are concerned that this will ultimately add to the takeout, already the highest among most wagering opportunities. The title of “Horseracing Integrity and Safety Act” pays lip service to “provid[ing] for the safety and welfare of horses and jockeys.” Simultaneously, this act eliminates the use of furosemide (also known as Lasix/Salix) on race day in 2-year-olds and stakes runners for the first three years after its enactment and ultimately in all Thoroughbreds after that. Furosemide has been proven to be safe and effective for mitigation of exercise-induced pulmonary hemorrhage (EIPH), a condition that affects the majority of horses competing at high speed. Such a ban would create higher costs in an expensive and labor-intensive business with small profit margins for the vast majority of participants. It bans a drug that averages $20 to $25 a dose and replaces it 36

BACKLASH FROM THE BETTING PUBLIC

Horse racing fans, who provide much of the financial support to the racing industry, have not been silent about HISA’s impact on their pastime. Initially, many bettors voiced their approval of federal legislation in hopes of cleaning up the game or at least the perception of it. However, that honeymoon period was short-lived after the discovery that there was no clear funding mechanism for the bill. Pari-mutuel wagering has one of the highest takeouts among gambling options, which already puts it at a competitive disadvantage. With no clear funding plan in place for HISA, the gambling pools will be like water in the desert to a weary traveler for racing commissions. HISA indicates that racing commissions will be billed on a per-start basis, but most commissions are funded by takeout. Thus, increased fees assessed to commissions most likely will result in wagering pools being used as the funding mechanism, leading to an inevitable increase in the takeout. Many gamblers have left the game already, but the reasons are usually not because of what industry insiders advocate for. For example, the question of Lasix and therapeutic medications often gets brought up in the debate over how to attract more fans and gamblers. It would behoove industry decision-makers to ask what gamblers want. The administration of Lasix is not even close to a priority for most gamblers, especially those who have a major impact in terms of wagering handle. From a gambling perspective, Lasix helps limit some of the variables; gamblers do not want to have to wonder if a horse is going to bleed during the race. Bettors remember incidents like non-Lasix-user Rich Tapestry, the favorite in the 2014 Breeders’ Cup Sprint (G1). After winning the THE HORSEMEN’S JOURNAL

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WIMBLEDON – STOCK.ADOBE.COM

Santa Anita Sprint Championship Stakes (G1) a month earlier, in which he did not bleed, he experienced a substantial pulmonary bleeding event in the Breeders’ Cup Sprint and finished last. In a game of skill in which questions like pace scenario, track bias and workout patterns are analyzed to the nth degree, questions like “Will this horse bleed?” are not ones that should have to be asked when there is a safe way to reduce the risk of EIPH.

INTEGRITY AND SAFETY?

We have laid out the profound economic cost of HISA, but surely, with improvement in integrity and safety, no cost is too high? Unfortunately, despite its name, HISA does little to improve the integrity or safety of horse racing. The “integrity” portion of the bill is limited to adopting all existing medication thresholds, including those in other racing jurisdictions, such as Europe and Asia. The exception is simply that where two thresholds differ, the most stringent threshold is adopted. No review of the scientific literature to determine which threshold is most appropriate is mandated. The only drug provisions in the act are for therapeutic medications or medications prescribed within the context of a veterinarian examining a patient and prescribing a medication. No consideration is given to the appropriateness of various therapeutic medications, and no consideration is given to the possibility of environmental contamination resulting in positive tests at irrelevant levels. This focus on the prohibition of therapeutic medications misses the biggest point: HISA includes no provision for identifying emerging threats. New drugs or substances that may be illicitly introduced into racing are completely ignored. A pivotal focus of HISA is the elimination of Lasix, a move that places racehorses in grave danger, rather than making them safer. A review of 28 necropsies from fatal injuries in Kentucky from 2019 to 2020 found that 25 of the 28 horses with fatal injuries (89 percent) had concurrent pulmonary hemorrhage, compared with an average incidence in racehorses in general of 64 percent. This is no surprise to the exercise physiologists who study the

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equine athlete. Injuries are more common during periods of fatigue in all species. As all horsemen can attest, bleeding causes horses to fatigue rapidly, placing them at higher risk of musculoskeletal injury. Lasix has unequivocally been proven to mitigate EIPH. The loss of this inexpensive, proven and highly regulated medication in horse racing will place more horses at risk of injury.

IS THERE AN ALTERNATIVE?

The structure of regulatory oversight for horse racing that is sought by HISA is already in existence. The ARCI, composed of professional racing regulators and with funding already in place, provides model rules for the regulation of not just medications in horse racing but also every aspect including security, standards of behavior, equipment and wagering. Uniformity among racing jurisdictions is readily within our grasp with the adoption of the model rules by every jurisdiction upon passage at ARCI. Many horsemen’s groups and veterinarians have been resistant to this concept simply because the process does not always include scientific evidence among its requirements for the adoption of medication regulations. However, this is a problem easily solved. A simple federal bill that mandates the adoption of the ARCI model rules for medication among all racing jurisdictions and includes a scientific review of the most current evidence would go a long way to assure the health and safety of the athletes. Such a review should include scientists from all stakeholders in the industry and take breed-specific issues into consideration. The current system does not require review of proposed medication rules by expert pharmacologists, statisticians or exercise physiologists and is heavily influenced by laboratory directors, who are analytical chemists by training. This has resulted in a system in which laboratories are rewarded with contracts for the ability to find readily identifiable therapeutic substances rather than being rewarded for identifying novel and emerging pharmaceutical threats. HISA offers no relief from this drawback of the current system. HJ 37

FEATURE

Constitutional Concerns with HISA By Peter J. Sacopulos, JD

A review and analysis of constitutional challenges and the rules of review included in the Horseracing Integrity and Safety Act

or nearly a decade there have been efforts to bring uniformity to racing. Proponents of national legislation maintain that uniformity of rules among the 38 racing jurisdictions is needed, especially when it comes to the establishment and enforcement of medication rules. The first major attempt at such national legislation was introduced May 4, 2011, by Sen. Tom Udall (D-NM). That bill, the Interstate Horseracing Improvement Act, was introduced to amend the Interstate Horseracing Act of 1978. The bill was not successful. Then, in 2015, Rep. Andy Barr (R-KY) and Rep. Paul Tonko (D-NY) introduced the Thoroughbred Horseracing Integrity Act, commonly referred to as the Barr-Tonko bill. It too was unsuccessful. That same year, the Horseracing Integrity and Safety Act was introduced by Rep. Joe Pitts (R-PA) and failed to pass. Thereafter, Barr and Tonko introduced the Horseracing Integrity Act of 2017, which also failed to pass. Fast forward to 2020, when Barr and Tonko introduced an updated Horseracing Integrity and Safety Act. This time, the political climate was different. A series of highly publicized breakdowns at Santa Anita followed by a federal investigation and resulting indictments of prominent trainers and veterinarians in the sport sparked a renewed call and added support for federal regulation of the sport. On September 29, 2020, the Horseracing Integrity and Safety Act was passed in the U.S. House of Representatives. There was another difference in 2020. Proponents of

federal legislation had persuaded Sen. Mitch McConnell (R-KY) to not only support but also to introduce corresponding legislation in the U.S. Senate. Then, on December 27, 2020, President Donald J. Trump signed into law the COVID-19 relief package. Among the 5,593 pages of that package was the Horseracing Integrity and Safety Act (HISA). Federal regulation of horse racing, at least for Thoroughbred horse racing, had arrived. When the bill was signed into law, it was a day of celebration for some but certainly not all. Supporters of HISA include, among others, The Jockey Club and members of the Water Hay Oats Alliance, but there were and remain those opposed to HISA. Major associations and representative groups worked in opposition to this legislation. Those groups and organizations include the National Horsemen’s Benevolent and Protective Association and the National Association of Racetrack Veterinarians. Opponents of HISA take issue with the limitation and ultimate elimination of Lasix. Funding of this new federal scheme governing medication and track safety violations has many industry participants concerned they will be footing the bill for the new system in an industry that is already financially challenged. Turn to page 35 of this issue for a detailed analysis of those issues. Additionally, there are serious constitutional questions regarding HISA. First, HISA violates Article 1, Section 1, of the U.S. Constitution, specifically the non-delegation doctrine, which provides that Congress is prevented from delegating legislative authority to any other entity.

BRAT82 – STOCK.ADOBE.COM

On December 27, 2020, President Donald J. Trump signed into law the COVID-19 relief package. Among the 5,593 pages of that package was the Horseracing Integrity and Safety Act.

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Second, HISA violates the due process clause, which prohibits an economically self-interested private actor from wielding regulatory power over private parties. Third, HISA violates Article 2, Section 2, of the Constitution because it violates the appointments clause that requires appointments to public agencies to be made only by the executive branch. Fourth, HISA violates rules prohibiting anti-commandeering. The U.S. Supreme Court has held that Congress “… may not issue direct orders to governments of the states …” Congress may not commandeer the state’s offices or those of their political subdivisions to administer or to enforce a federal regulatory program. The first constitutional challenge to HISA has been filed. On March 15, 2021, less than 100 days after HISA was signed into law, a group of representative associations formally challenged the Horseracing Integrity and Safety Act. The party plaintiffs include the National HBPA and its affiliate organizations in Arizona, Arkansas, Indiana, Illinois, Louisiana, Nebraska, Oklahoma, Oregon, Pennsylvania and Washington. Also joining in as a plaintiff is the Mountaineer Park HBPA. Their challenge seeks declaratory and injunctive relief. This cause of action names as defendants the seven members of the Nominating Committee for the Horseracing Integrity and Safety Act: Jerry Black, Katrina Adams, Leonard Coleman Jr., Nancy Cox, Joseph Dunford, Frank Keating and Kenneth Schanzer. Also named as defendants are the Horseracing Integrity and Safety Authority Inc., the Federal Trade Commission, the acting chair of the Federal Trade Commission and the three Federal Trade Commissioners. This claim has been filed in the U.S. District Court for the Northern District of Texas. The plaintiffs seek an order declaring that HISA delegates legislative authority to the Horseracing Integrity and Safety Act Authority in violation of the non-delegation doctrine and that HISA violates the appointments clause. Further, their action seeks a ruling and finding that HISA violates the due process clause because it provides economically self-interested actors with the power to regulate their competitors. Finally, the plaintiffs, by way of their complaint, seek a court order enjoining or prohibiting the defendants from taking any action to implement the Horseracing Integrity and Safety Act of 2020. See page 12 of this issue for a news release regarding the lawsuit. The constitutional issues surrounding HISA are of concern to me as a practicing lawyer representing licensees before state commissions and regulators. So too is a section of HISA that has received limited attention, review or analysis. That is Section 1209. Section 1209 of the legislation, which is titled “Review of Final Decisions of the Authority,” sets forth the disciplinary process. In most jurisdictions, a person faced with an alleged medication or track safety violation is afforded an opportunity to be heard through an administrative law process and, thereafter, a judicial process. Specifically, in most jurisdictions, the licensee accused of violating a medication or safety rule or regulation is first provided the opportunity to present a response to the stewards at a stewards’ hearing. If the stewards’ ruling is not favorable, the licensee may appeal that decision. The appeal of the stewards’ ruling is typically conducted by a state regulatory agency’s appointed administrative law judge (ALJ). The ALJ conducts a hearing on the merits and, in doing so, receives testimony and evidence from both the petitioner and the respondent. At the conclusion of the merits hearing, the ALJ issues findings of fact, conclusions of law and a recommendation for a penalty or for no penalty. The petitioner and/or the respondent may then appeal the ALJ’s recommendation to the state commission for final administrative review. The ruling of the state commission, which in most jurisdictions constitutes the final stage of the administrative process, also may be appealed in a timely manner. It is at this juncture that the resolution process shifts from an administrative proceeding to a judicial proceeding via the filing of a petition for judicial review. Section 1209 presents a significant departure from the current system. The process for review set forth in Section 1209 begins with the Horseracing Integrity and Safety Authority (Authority). HISA defines the Authori-

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ty as a private, independent and self-regulated nonprofit corporation composed of nine members. Upon the Authority identifying a medication or safety violation, an investigation is commenced. If the Authority concludes a violation has occurred, it determines sanctions and, in doing so, files notice of the sanctions with the Federal Trade Commission (FTC). It is unclear whether these nine members will sit in judgment as the Authority for the initial stage of an alleged violation or whether a subcommittee of the Authority will do so. Section 1209 is equally unclear as to whether the proceeding before the Authority is considered a hearing on the merits. This is important to horsemen with regard to establishing the record of proceedings should the matter be appealed. What is clear is that the Authority replaces the current stewards’ hearing in the present context of state commission proceedings. Section 1209 does provide for the right to appeal a noticed civil sanction by the Authority. Within 30 days of the notice of sanction being filed by the Authority with the FTC, the sanctioned party may file an application for review of the Authority’s decision. If an appeal is taken, the dispute is submitted to an ALJ for de novo review. This means the ALJ considers testimony and evidence and renders a recommendation without deference to the Authority’s prior decision. The ALJ may affirm, reverse, modify, set aside or remand the notice of sanction for further proceedings. Pursuant to Section 1208 of HISA, the ALJs are to be “impartial hearing officers.” However, based on the legislative history of HISA, it appears the ALJs will be employees or agents of the FTC. This is significant to horsemen because the ALJ that conducts the merit hearing and rules on the admissibility of evidence and testimony will apparently be an employee of the FTC. In short, one side selects, appoints and pays the ALJ. It is the side that employs the ALJ. It is not the horsemen (or “covered persons,” as defined by HISA), and this system is difficult, at best, to square with this legislation that contains a specific “conflict of interest” provision, that being Section 1203(E). The Authority or the covered person, if dissatisfied with the ALJ’s findings of fact, conclusions of law and recommendation, may then file an application for review with the FTC, which may accept or deny the application for review (appeal). Should the FTC refuse an application for review, the ALJ’s findings of fact, conclusions of law and recommendation constitute the FTC’s decision and is appealable to the U.S. Court of Appeals. Should the FTC accept an application for review and issue a ruling in connection with that application, that ruling is, likewise, appealable to the U.S. Court of Appeals. Title 5, Chapter 7, of the United States Code provides for judicial review of agency action. Similar to a party petitioning for judicial review of a state agency’s decision before a state court, 5 USC § 702 titled “Right of Review” provides that “a person suffering legal wrong because of agency action, or adversely affected or aggrieved by agency action within the meaning of a relevant statute, is entitled to judicial review thereof …” The scope of review set forth in 5 USC § 706 is also similar to a petition for judicial review before a state court. This means the federal court will not retry the case on the merits. Instead, as is the case in most state court proceedings involving a petition seeking review of an agency’s final order, the federal court’s authority in reviewing a final order of the FTC is limited to: 1. “… compel agency action unlawfully withheld or unreasonably delayed; and 2. hold unlawful and set aside agency action, findings and conclusions to be found to be— (A) arbitrary, capricious, an abuse of discretion or otherwise not in accordance with law; (B) contrary to constitutional right, power, privilege or immunity; (C) in excess of statutory jurisdiction, authority or limitations, or short of statutory right; (D) without observance of procedure required by law; 39

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(E) unsupported by substantial evidence in a case subject to sections 556 and 557 of this title … or otherwise reviewed on the record of an agency hearing provided by statute; or (F) unwarranted by the facts to the extent that the facts are subject to trial de novo by the reviewing court …” Also similar to state court proceedings, parties subject to a decision of the U.S. Court of Appeals have the right to appeal that decision in a timely manner to the U.S. Supreme Court. Section 1209 of HISA is of further concern because it creates a redundancy regarding the review process. HISA provides that the Authority will sit in review of all alleged medication and safety violations. However, non-medication and non-safety violations will continue to be regulated, reviewed and enforced by state regulators/agencies. In short, there will be two parallel review and enforcement systems. Unclear is whether proceedings before the Authority will be governed by the Federal Code of Regulations, Administrative Procedures Act, provisions of state or federal law or a combination of some or all of these rules and regulations. This is significant because licensees or “covered persons” may face a review before a state agency for an alleged non-medical or track safety violation governed by state and administrative law and a review before the

separate Authority for connected or corresponding alleged medication or safety violations utilizing some, but not all, of the corresponding rules and regulations. These two parallel systems with similarities and dissimilarities result in redundancy and additional expense to all involved. To be clear, HISA does not replace the entire review and enforcement function of the state commission. Uniformity in establishing and enforcing medical rules is needed. So too is uniformity and consistency in testing laboratories. HISA addresses these issues and is a positive step in these areas. However, from the horsemen’s and participants’ perspective, there is concern and need for reform. The constitutional challenges presented by the National HBPA and its affiliates are the beginning of the challenges HISA will face. Funding issues, including fees to be collected by state agencies and, ultimately, from taxpayers to fund HISA, will provide further fodder for dispute. So too will disputes over rulemaking and enforcement of therapeutic medications and a review process that may result in redundant, parallel systems of resolution. All of these issues demand, merit and deserve discussion and reform. Hopefully, that discussion will be an industry-wide, inclusive process. Absent such an approach, HISA will continue to face serious challenges, some of which will very likely lead to it being deemed unconstitutional and/ or unenforceable, in whole or in part. HJ

Peter Sacopulos is a partner in the law firm of Sacopulos, Johnson & Sacopulos, in Terre Haute, Indiana. He is licensed in Indiana and Illinois, and his practice includes representing clients in administrative hearings and in matters of general equine law. He serves on the board and is an officer of the Indiana Thoroughbred Owner and Breeders Association, and he is national legal consultant to the North American Association of Racetrack Veterinarians. Sacopulos has written extensively on equine law issues, including for North American Trainer, The Horsemen’s Journal, Equus, Equestrian Professional Newsletter and the Kentucky Journal of Equine, Agriculture and Natural Resources Law. He is a frequent speaker at equine conferences and has presented at the National Equine Law Seminar in Lexington, Kentucky, and the Saratoga Institute on Equine Racing and Gaming in Saratoga, New York. Sacopulos received a B.A., cum laude, from Tulane University and a J.D. from Indiana University School of Law.

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One. Helping Many.

“TCA’s support of the Thoroughbred Makeover has helped thousands of horses get a solid foundation of retraining after racing.”

“TCA’s grants provide financial assistance to our food pantry that serves all the backstretch workers.”

“TCA’s grants have allowed us to rehome thousands of Thoroughbreds throughout the years.”

Jen Roytz, Retired Racehorse Project

Chaplain Humberto Chavez, New York Racetrack Chaplaincy of America

Bev Strauss, Mid-Atlantic Horse Rescue

Thoroughbred Charities of America provides grants to approved organizations working to help Thoroughbreds, backstretch, and farm workers. Please consider a donation today. P.O. Box 910668, Lexington, Kentucky 40591 | TCA.org | (859) 276-4989

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NEWS

IMPORTANT UPDATE: As you are undoubtably aware, COVID-19 has had a tremendous impact around the world, including, of course, within the horse racing industry. Because it is not possible to provide timely and accurate updates in a print magazine, please refer to the National HBPA website at hbpa.org, individual affiliate websites and social media channels for the latest information about how this pandemic is affecting racing. Information in this section is current as of late March but is subject to change at any time. Please contact your affiliate or racetrack to confirm any specific information.

ALABAMA HBPA Please Keep Us Updated We have three sources to keep our membership updated—The Horsemen’s Journal, email and U.S. mail. But many of our emails are outdated and kick back. Please take the time to send us your updated contact information either by email to nancy.m.delony@ms.com, by phone at (205) 969-7048 or by U.S. mail to Nancy Delony, 3221 Ridgely Drive, Birmingham, AL 35243.

ARIZONA HBPA A Ray of Sunshine and Hope for Arizona Racing The battle with Turf Paradise that Arizona racing is facing, as well as the battle with Monarch Content Management LLC (a subsidiary of The Stronach Group) over their signals, continues. Arizona has not received any Monarch simulcast signals for more than 18 months. Native American tribes control all the gambling in the state without paying a penny of tax to the general fund. But there is good news, as a ray of sunshine and hope was provided by Peninsula Pacific Entertainment, which issued the following news release: Arizona Downs Partners with Peninsula Pacific Entertainment for 2021 Summer Racing Meet Arizona Downs announced a new partnership with Peninsula Pacific Entertainment (P2E) for the 2021 summer racing meet. P2E has an extensive track record of supporting horse racing in Virginia and Louisiana and will consult with Arizona Downs regarding the management of the live racing and simulcast operations during the racing season. “Arizona horse racing has faced numerous challenges in recent years, and the COVID-19 pandemic placed additional strain on the industry,” said Tom Auther, managing member of JACOR, the owner of Arizona Downs. “We are pleased to partner with P2E, which has the knowledge and expertise to help revitalize Arizona horse racing.” P2E is the owner and operator of the Colonial Downs Group, consisting of the Colonial Downs Racetrack and five Rosie’s Gaming Emporiums throughout Virginia powered by historic horse racing technology. Arizona Downs and the Arizona Horseman’s Benevolent and Protective Association have reached agreement on a live racing contract and the terms of the 2021 race meet. The 2021 racing program offers the most attractive race meet in Arizona Downs history. The meet consists of 32 race days at a daily purse average of $70,000 beginning June 1 through September 15. Live racing occurs Tuesdays and Wednesdays with the first post scheduled for 2:30 p.m. MST/4:30 p.m. EST. “P2E developed a proven formula in Virginia that resurrected horse racing in the state after a six-year hiatus,” said Bob Hutton, president of the Arizona HBPA. “Our association did our due diligence and received high praise from our colleagues in Virginia about P2E. We are looking forward to the summer meet.” 44

P2E is a trailblazer in the gaming, racing and entertainment industry with multiple gaming and entertainment destinations across the country and more developments planned in the near future. The company focuses on introducing a modern approach to horse racing and implementing these successful concepts across the country. “The cornerstone of our success is based on service, quality, community and the people who make it work,” said Aaron Gomes, COO of P2E. “We apply this to all we do, and we are pleased to share with Arizona Downs and Arizona horsemen guidance that has made our Virginia operations successful.” As well as its partnership with Arizona Downs, P2E brings enthusiasm and hope to Arizona racing. The company thinks Arizona could be a bright spot for West Coast racing with the help of historical horse racing machines. The Arizona HBPA has partnered up with P2E to bring historical racing machines to the Arizona racetracks and OTBs. The legislative session is just beginning at the time of this writing, and the group has successfully made the first hurdle by passing the bill out of the appropriations committee in the Arizona Senate. With a long uphill battle facing Arizona horsemen, we are all determined to save racing in the state.

ARKANSAS HBPA Oaklawn Adds Days and Races After Winter Weather Cancellations After losing eight days of racing due to record-breaking winter weather, Oaklawn announced a series of changes to its racing schedule designed to restore as much of the season as possible for the benefit of horsemen. The major stakes set to run on the canceled days were brought back and run on February 27-28. In addition, 27 races were added to the schedule, along with two new race days on Wednesday, March 31, and Wednesday, April 28. Purses also have been increased for all overnight races by as much as $4,000 per race. “There’s no fighting Mother Nature, especially when our priority is safety,” Oaklawn President Louis Cella said. The purse increase went into effect Thursday, February 25, and will average 5 percent per overnight race, meaning maiden special weights will be increased from $82,000 to $86,000 and top allowance races will increase from $88,000 to as much as $92,000. Cella said these late-breaking changes would not have been possible without the input and assistance of Arkansas Racing Commission Chair Alex Lieblong and Arkansas HBPA President Bill Walmsley. “Winter dealt us a bad hand,” Cella said. “With their help, we truly are making lemonade out of lemons, and with these changes, the balance of the season will be terrific.” Due to state restrictions on crowd size, attendance at Oaklawn for live racing is limited to box holders, Oaklawn Jockey Club members and patrons with dining/simulcast reservations. However, Oaklawn General Manager Wayne Smith

THE HORSEMEN’S JOURNAL

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AFFILIATE NEWS anticipates being able to open the Oaklawn infield and other outdoor areas to fans at some point during the meet. For more information, visit oaklawn.com.

CHARLES TOWN HBPA

COURTESY VICKIE MOON

New Book Chronicles Life of Charles Town Horsewoman The Charles Town HBPA hosted a virtual event featuring Vickie Moon, author of the new book Sylvia Rideoutt Bishop Had a Way with Horses, which celebrates the life of the legendary Charles Town horsewoman. With an introduction by West Virginia First Lady Cathy Justice, the event, titled “Women in Racing,” reached many of the state’s female legislators. The book tells the story of Bishop, who started working at Charles Town racetrack at the age of 14 as a groom and hotwalker and later became the first Black woman licensed to train racehorses in the United States.

West Virginia-Bred Tops the Charts at Fasig-Tipton Winter Sale

COURTESY FASIG-TIPTON

A Nyquist chestnut colt, bred in West Virginia by Charles Town HBPA President James Miller, was the top-priced yearling of the Fasig-Tipton Winter Sale, bringing $170,000 from Machmer Hall. The colt’s dam, Honey Chile, is out of the multiple stakes winner Christmas Time, by Gilded Time, and is a full sister to multiple stakes winner Prince of Time. She also foaled a Nyquist colt in 2019, who was consigned by Machmer Hall Sales to the 2020 Keeneland September Yearling Sale and purchased for $85,000 by Green Springs Farms.

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ILLINOIS HBPA New and Exciting Changes for Fanduel Sportsbook and Horse Racing Formerly known as Fairmount Park, Fanduel Sportsbook and Horse Racing will begin the 2021 racing season on April 27 for a 53-day race season. Racing will begin with Tuesdays and Saturdays in April and May, and then will add Fridays for a Tuesday/Friday/Saturday race week in June, July and August with only three remaining days in September to finish up the season. The sportsbook opening was set for March 24. Construction was well underway at press time, and we are excited for this new development. Racino construction will be up next. We would like to congratulate Victor Santiago as the leading rider at Hawthorne Race Course’s 2020 meet. This is Santiago’s third time earning the title. We also look forward to seeing him ride at Fanduel Sportsbook and Horse Racing this season. In addition to the sportsbook opening and the approval and pending construction of the racino, track management is happy to announce that the St. Louis Derby will return to the racetrack on Saturday, August 28.

INDIANA HBPA Indiana Grand Thoroughbred Stakes Program Expands in 2021 Indiana Grand Racing & Casino is set to open its 19th season of Thoroughbred and Quarter Horse racing on Tuesday, April 13. To complement 120 days of live action, a total of 40 stakes with purses in excess of $3.65 million will be offered, led by the 27th running of the Grade 3 Indiana Derby set for Wednesday, July 7. Six stakes will be featured on Indiana Derby Day. In addition to the Derby, the 26th running of the Grade 3 Indiana Oaks will be included as the day embraces its new Wednesday slot. “We moved Indiana Derby Day to Wednesday in 2020 due to crowd restrictions and other safety protocols in place due to COVID-19,” said Eric Halstrom, vice president and general manager of racing. “The move proved to be very popular with racing fans across the nation, and the Derby program set an all-time track record for total handle, just missing the $6 million mark. We feel by moving our big day to mid-week, the program receives the recognition it deserves with such high-quality stakes on the card.” Another big date on the schedule will be the $150,000 Caesars Stakes and the $150,000 Indiana Grand, the state’s richest turf races. Set for Wednesday, September 8, the two listed events will be complemented by the $75,000 Back Home Again Stakes and the $75,000 Circle City Stakes, which sport new names in 2021. Both races were part of an online contest to rename several stakes, garnering more than 250 responses. “Our online presence has jumped over the past year, and we value the support of those racing fans,” Halstrom said. “We wanted to include them in revamping our 2021 stakes schedule, and by offering a contest with a prize, it was a way to engage them in the process. We got some really good suggestions, which we have used on 12 stakes for the year.” Four brand-new open stakes that were part of the online naming contest have been added: the William Garrett Stakes, the IU Hoosiers Stakes, the Send It in Army Stakes and the Clarksville Stakes. Each will offer a purse of $65,000 for its first running in 2021. 45

NEWS

Pari-Mutuel Rules and Racing Dates Adjusted at Indiana Grand The Indiana Horse Racing Commission (IHRC) met March 2 and approved several changes for the upcoming 2021 racing season at Indiana Grand Racing & Casino. Indiana Grand was initially set to hold live racing on Saturday, May 1, Kentucky Derby Day. However, due to uncertainty related to COVID-19, a request was submitted to the IHRC to reallocate that date to Monday, November 8, which will become the season’s closing day. The IHRC approved the calendar change for the 120-day season. “Along with our horsemen, we thought it was in the best interest of all parties to move our scheduled racing day on May 1,” said Eric Halstrom, vice president and general manager of racing. “There is a strong likelihood that crowd capacity will still be limited at that time, and live racing would only increase issues with safety protocols and potential wait times to enter the facility. We want to provide the best possible on-track experience for guests coming in for the simulcast of the Kentucky Derby and a reduction of activities on that day will alleviate some potential obstacles.” The IHRC also approved amendments to current rules for pari-mutuel racing. Races taken off the turf once the wagering pools have closed for the Pick 4, Pick 5 and Pick 6 will now become “all” wagers. The Pick 6 will now become a scenario in which “all” horses in that race will be considered a winner. Formerly, when a horse scratched from a race taken off the turf after the close of the wagering pools, the customer was given a substitute of the post-time favorite. Indiana Grand introduced a lower takeout for the Pick 5 in 2020 at 11.99 percent, which remains in effect. In addition, the IHRC approved a reduced takeout for the Pick 4 along with the Pick 6 Jackpot wagers to 15 percent beginning in 2021. “We are always looking for ways to enhance our betting platforms, and with the growing popularity of our multiple-race wagers, we felt a reduced takeout on these two wagers would be very attractive to our racing customers,” Halstrom said. “We’ve seen a tremendous increase in interest in these types of wagers at Indiana Grand and are excited to make them a better value for our fan base.” Live racing returns to Indiana Grand Tuesday, April 13, and extends through Monday, November 8. Racing will be conducted at 2:25 p.m. Monday through Wednesday with first post on Thursday set at 3:25 p.m. In addition, six allQuarter Horse racing dates are set on select Saturdays starting June 5 at 10 a.m. More information about the 2021 racing season is available at indianagrand.com.

IOWA HBPA Prairie Meadows 2021 Racing Season It’s that time of year when we look forward to seeing everyone come back for racing here in the great state of Iowa. You’ll note that our racing calendar for 2021 shows a full 84 racing days for Thoroughbreds. In addition, we’ll be offering 616 racing opportunities with approximately $15 million in total purses for 2021. The backside will open April 2 with the first day of training set for April 4. Thank you to Prairie Meadows for working with the Iowa HBPA in getting our 2021 racing season scheduled, and we look forward to seeing our horsemen here soon. Condition Book No. 1, the 2021 Thoroughbred live racing schedule, the training schedule and hours, stall applications and other racing-related documents can be found on prairiemeadows.com under the Horsemen’s Info tab in the Race & Sports Betting section and in print at the Prairie Meadows racing office. We also have some information posted on our Iowa HBPA Facebook page and at iowahbpa.org.

2021 IA HBPA Schedule of Events April 29—Iowa HBPA general membership meeting April 30—Opening day of the Prairie Meadows race meet May 15—Annual Iowa HBPA Awards presentation held in conjunction with ITBOA Awards July 3—HART (Hope After Racing Thoroughbred) silent auction July 2-3—Iowa Festival of Racing showcasing graded races September 25—Iowa Classics Night featuring Iowa-bred stakes races

Iowa HBPA Office Hours and Information Until the opening of the meet, our normal office hours will be 9 a.m. to 3 p.m. on Monday through Friday. Once the meet begins on April 30, the office will be open six or seven days a week, with normal hours beginning at 9 a.m. and going till 3 p.m., and we can be reached at (515) 967-4804. To see information about the Iowa HBPA, please visit iowahbpa.org. To keep up to date on news and issues occurring in Iowa, you can find us on our Facebook page, Iowa Horsemen’s Benevolent and Protective Association Inc., follow us on Twitter @IowaHBPA and sign up to receive our emails at info@ iowahbpa.org. We look forward to seeing the return of our horsemen including familiar and new faces!

DENIS BLAKE

“We saw an opportunity to add some open stakes to our summer lineup, and we think this will create a lot of variety to our schedule,” said Chris Polzin, director of racing/racing secretary. “Plus, the Garrett and IU Hoosiers [set for August 11] gives us two more stakes to showcase on our turf course.” Indiana Grand also will place the spotlight on the state-bred program with Indiana Champions Day on Saturday, October 30. The afternoon card will feature four stakes with purses in excess of $350,000, including the $100,000 Lady Fog Horn Stakes and the $100,000 Unreachable Star Stakes for Indiana-sired fillies and colts, respectively. “Indiana Champions Day will be a culmination of the season and a way for us to honor and showcase the top horses in the state,” Polzin added. “More than $2.25 million over 28 stakes is dedicated to the Indiana breeding program for horses either bred and/or sired in Indiana.” A full list of Thoroughbred stakes for the 2021 racing season is available at indianagrand.com.

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2021 LIVE

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RACING FRIDAYS & SATURDAYS ♦ POST TIME 6PM SUNDAYS & MONDAYS ♦ POST TIME 4PM

Altoona, Iowa

JUNE

APRIL & MAY 2 9 16 23 30

3 10 17 24 31

4 11 18 25

5 12 19 26

6 13 20 27

30 7 14 21 28

1 8 15 22 29

JULY 4 11 18 25

5 12 19 26

6 13 20 27

7 14 21 28

1 8 15 22 29

2 9 16 23 30

3 10 17 24

4 11 18 25

5 12 19 26

AUGUST 6 13 20 27

7 14 21 28

1 8 15 22 29

2 9 16 23 30

3 10 17 24 31

1 8 15 22 29

2 9 16 23 30

3 10 17 24 31

Thoroughbred Only April 30 – June 14 Thoroughbred & Quarter Horse June 18 – September 25 Special Race Days

SEPTEMBER 4 11 18 25

5 12 19 26

6 13 20 27

7 14 21 28

5 12 19 26

6 13 20 27

7 14 21 28

1 8 15 22 29

2 9 16 23 30

3 10 17 24

4 11 18 25

For more information, visit prairiemeadows.com /racing

SPECIAL RACE DAYS & EVENTS

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May 31 ♦ Memorial Day & Running of the “Bulls” Bulldog Races ♦ Post Time 4pm June 20 ♦ Wiener Dog Races ♦ Post Time 4pm July 2 ♦ Festival of Racing ♦ Post Time 6pm July 3 ♦ Festival of Racing & Fireworks Post Time 4pm July 4 ♦ Independence Day ♦ Post Time 4pm July 18 ♦ Camel, Zebra, & Ostrich Races Post Time 4pm August 14 & 15 ♦ Regional Challenge Finals Post Time 6pm September 3 ♦ Quarter Horse Trials Post Time 6pm* September 6 ♦ Labor Day ♦ Post Time 4pm September 24 ♦ Quarter Horse Championships Post Time 6pm September 25 ♦ Iowa Classic ♦ Post Time 6pm

TRIPLE CROWN RACE DAYS May 1 ♦ Kentucky Derby ♦ Post Time 6pm* May 15 ♦ Preakness Stakes ♦ Post Time 6pm* June 5 ♦ Belmont Stakes ♦ Post Time 6pm* THE HORSEMEN’S JOURNAL

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*Post times are tentative and subject to change.

NEWS

KENTUCKY HBPA President’s Message

GWEN DAVIS

Throughout the years, the Kentucky HBPA has been at the forefront of many issues that are important to Kentucky’s racing industry. In 1978, the Interstate Horseracing Act (IHA) established the parameters under which simulcasting of Thoroughbred horse races across state lines could be conducted. The law provided a veto right to simulcasting of races to the majority horsemen’s group at the host racetrack. The legislative history indicated that Congress decided that racing associations may be more interested in their bottom line and less concerned with how simulcasting races may affect live racing in a certain region. Horsemen would focus on protecting and maintaining a strong viable racing industry. The Latonia lawsuit filed by the Kentucky HBPA became a seminal court decision, in which the 6th Circuit Court of Appeals established that horsemen have a veto right under the IHA to determine, as part of their contractual process, when and if a simulcast signal of the host racetrack races should be sent to other locations. Advance deposit wagering (ADW) provided another backdrop for a pivotal struggle to ensure horsemen received an equitable share of wagering revenue from the lucrative venture. At the onset of ADWs, the Kentucky HBPA stressed the importance that horsemen’s purses are fairly compensated. Kentucky’s model is perhaps the strongest in assuring that horsemen are receiving a just amount of wagering revenue from ADWs.

GWEN DAVIS

TRAINER TOMMY DRURY WAS AMONG THE MANY HORSEMEN WHO SPOKE ABOUT THE IMPORTANCE OF HISTORICAL HORSE RACING.

STRESSING THAT IT’S NOT JUST OWNERS AND TRAINERS WHO WOULD BE IMPACTED BY THE POTENTIAL LOSS OF HISTORICAL HORSE RACING, BLACKSMITH GARY CHURCHMAN SHARED HIS THOUGHTS.

The loss of historical horse racing threatened to cripple the racing industry in Kentucky and endangered the viability of several of our racetracks. John McCarthy, a respected lobbyist, coordinated the effort to revise the pari-mutuel law and appeal to the Kentucky legislature to pass the legislation. He mustered support from the various racetracks and horsemen’s organizations. The Kentucky HBPA swung into action. Our executive director, Marty Maline, contacted Jennie Rees, the KHBPA communications specialist, and she developed a sound strategy to address the issue on several different fronts. (Please see Jennie’s report below.) At the end of the day, the collaboration of racetracks, horsemen’s organizations and a supportive and understanding legislature seized the day, and Kentucky’s signature industry and everyone associated with it breathed a sigh of relief. Good luck in your endeavors, Rick Hiles, President Kentucky HBPA

Kentucky Historical Horse Racing Update By Jennie Rees The Kentucky General Assembly in early February passed legislation to protect historical horse racing (HHR), defining pari-mutuel wagering to address the state Supreme Court’s constitutional concerns. While the votes—22-15 in the Senate and 55-38 in the House of Representatives— might seem to indicate a comfortable margin, the outcome was by no means a certainty. That should serve as a wake-up call in a state serving as the heartbeat of horse racing. The Kentucky HBPA is part of the industry’s HHR coalition, joining with the state’s racetracks, the Kentucky Thoroughbred Association, the Kentucky Equine Education Project and the Kentucky Chamber of Commerce. Our large membership helped spur thousands of emails and phone calls to legislators. We are proud to have played a key role in driving home the message that seemed to resonate most with lawmakers: Horse racing provides tens of thousands of real jobs for real people, benefiting real families. The Family Foundation, which has battled HHR in court for a decade, riveted on the compensation provided Churchill Downs’ top executives and tried to portray HHR as only benefiting corporate greed. The Kentucky HBPA believed it was crucial to humanize all the Kentuckians and their families who depend on horse racing, for which HHR has been the linchpin for a revitalization of the circuit. “We felt it was vital to put forth the faces and voices of horsemen, their employees and vendors to tell the story of what HHR has done for Kentucky and what taking it away would do to their families,” said Kentucky HBPA Executive Director Marty Maline. “We couldn’t let the many thousands of direct and indirect jobs based on horse racing be an impersonal statistic.” Kentucky HBPA Vice President Dale Romans authored an op-ed entitled, “HHR: Game-changer for good,” that appeared in both the (Louisville) Courier-Journal and Lexington Herald-Leader, along with most of the major trade publications. Romans wrote in part: “You’re never going to automate caring for a horse. And that’s a good thing. We want it to be labor-intensive and give people the opportunity to work in our industry.” The entire op-ed is available at kyhbpa.org/2021/01/dale-romans-hhrgame-changer-for-good. To get our message into the mainstream media, especially television, we provided a media opportunity at Skylight Training Center in Goshen, Kentucky, that received prominent coverage. Trainer Tommy Drury, jockey Declan Cannon, blacksmith Gary Churchman, Skylight Supply’s Steve Wade and Maline proved powerful, heartfelt spokesmen for the importance of HHR to the state’s signature industry. THE HORSEMEN’S JOURNAL

SPRING 2021

AFFILIATE NEWS COURTESY KEENELAND

The interviews, edited for length, were posted to the Kentucky HBPA YouTube channel and blasted on social media with the lead-in: “Horse racing in America isn’t the Sport of Kings. It’s the livelihood of real people like … ” A similar event planned the next week at Turfway Park was dashed by nine inches of snow in northern Kentucky. Instead, Kentucky HBPA Communications Consultant Jennie Rees conducted on-site video interviews with trainers and backstretch workers, along with longtime veterinarian John Piehowicz, sending those out to the media and posting on social media. (All the videos are available on the Kentucky HBPA’s YouTube channel.) A couple of soundbites: Buff Bradley: “There are 1,100 horses here, and I’ve got 18, and I have eight employees. You can do the math.” Piehowicz: “This is the one industry where trickle-down economics works.” Legislators supporting SB 120 repeatedly stressed the importance of what HHR does for purses—and how that translates into jobs—with Kentucky Senate Majority Floor Leader Damon Thayer calling purses “the mother’s milk of horse racing.” The Kentucky HBPA will act on what was learned during the experience of getting SB 120 passed. A sobering takeaway is that a significant segment of the Legislature appeared OK with crippling an industry that provides so much to the commonwealth. Some of those lawmakers were not opposed to gambling but believed more revenue should flow to the state. The Kentucky HBPA will be part of the advocacy effort to determine an equitable solution that increases HHR funding for the state while also protecting purses and providing racetracks a sufficient cut to encourage reinvestment. “Had SB 120 not passed, we clearly would have lost Turfway Park, Ellis Park, Kentucky Downs and both harness tracks,” Maline said. “Even Churchill Downs and Keeneland would have been gravely impacted. Yet even in Kentucky, 40 percent of the legislators seemed willing to sacrifice those tracks, all those jobs and the countless small businesses and agribusiness that rely at least in part on the horse industry. That just goes to show we have our work cut out to educate lawmakers about our industry. That includes those who probably didn’t fully understand that there was not going to be a do-over had SB 120 failed to pass, that there would be devastating, irreparable damage. “But we have a lot of faith in our legislative leaders, both in the majority and minority, who shepherded through the legislation to protect HHR,” he continued. “We believe many legislators who voted against the bill will ultimately be glad it passed. It’s now incumbent upon us to give them a better understanding of our industry and how it impacts their constituents, whether they have a racetrack in their district or not.”

KASSEN TRAINEE NIKKI’S SANDCASTLE WON THE 2013 HAGYARD FAYETTE STAKES (G2) AT KEENELAND AFTER TAKING THE CLAIMING CROWN EMERALD AT GULFSTREAM PARK A YEAR EARLIER.

Kassen, who rode for 12 years before training for another 50, was 81 when he died December 27 in Lake Placid, New York. His death came in a several-day span during which racing also lost two other special people in jockey agent Fred Aime and retired jockey Kenny “Chopper” Bourque. “Dave was a very good trainer—an excellent and hands-on person; he probably was the last of a dying breed of hands-on trainers in today’s racing,” said Kentucky trainer Walter Bindner, a longtime friend who shared an apartment with Kassen when both wintered in New Orleans. “He stood the test of time. He was a fine trainer, paid really good attention to detail. You never had to worry about him sending out a horse that wasn’t ready to run.” For many years, Kassen raced at Keeneland and Churchill Downs in the spring and fall and Chicago in the summer. He wintered in Florida before ultimately training there year-round. Kassen’s last starter was July 8 before he and wife, Bonnie, moved to upstate New York as his battle with stomach cancer worsened, Daily Racing Form reported. “Dave was an old-school, great horseman,” said Buzz Oros, owner of Oros Brothers tack shop in Chicago and who played golf regularly with Kassen. “Everybody liked Dave. He was a fierce competitor. Lot of fun to be around and a class act. Old school is feeling every leg of every one of his horses every day. He doesn’t need the exercise rider to tell him how the horse went because he can tell by watching. He doesn’t need the veterinarian to train his horse for him. He’s more worried about training the horse than training the owner. That’s old school. That was Dave.” COURTESY KEENELAND

Dave Kassen (1939–2020): An Appreciation

COGLIANESE PHOTOS

By Jennie Rees Dave Kassen was one of the first trainers I met after taking over the (Louisville) Courier-Journal’s horse racing beat in the fall of 1983. Later, I would appreciate Kassen being the epitome of “old school,” a true badge of honor not given enough respect today. Back then, I didn’t know enough to know what old school was. But he couldn’t have been nicer, showing DAVE KASSEN WITH HIS WIFE, BONNIE patience and kindness toward a greenhorn. Back then, Kassen had a couple of nice graded stakes winners named Cad and Jack Slade, among the Midwest’s top handicap horses.

THE HORSEMEN’S JOURNAL

SPRING 2021

KASSEN WON A DIVISION OF THE 1974 ASHLAND STAKES AT KEENELAND WITH WINGED WISHES, WHO WAS RIDDEN BY DON BRUMFIELD AND OWNED BY THE JOCKEY’S MOTHER, VIOLA.

NEWS

Kassen knew about large stables because he had as many as 60 horses split between two tracks back when 60 horses was the day’s mega-stable. He also knew what it was like to train just a handful of horses. “I don’t have the gift of gab; I’m too honest anyway,” he said. “I tell people like it is. I don’t tell people we’re going to win the Kentucky Derby next year. I would never want to have 60 horses again, but I would like to have 30 nice horses.” Kassen is survived by wife Bonnie and their daughter, Jacqueline Belknap. The M.B. Clark Inc. Funeral Home in Lake Placid handled arrangements and reports that a memorial service will be held May 18 at Churchill Downs. Memories and condolences can be left at mbclarkfuneralhome.com. The family suggests donations to Thoroughbred Charities of America (tca.org) or the Permanently Disabled Jockeys Fund (pdjf.org) in lieu of flowers.

Immigration News Kentucky HBPA Backstretch Services Coordinator and Hispanic Liaison Julio Rubio and immigration attorney William Velie of Horseman Labor Solutions met with several officials during a cold, icy week in February. What has been dubbed the U.S. Citizenship Act of 2021 under the new Biden administration was the topic in the meetings. The centerpiece of the sweeping plan is a legalization provision with two different pathways. Temporary Protected Status (TPS) holders, farm workers and undocumented immigrants brought to the United States as children would be eligible to apply for green cards immediately and for U.S. citizenship after three years. Rubio and Velie had an optimistic meeting with U.S. Citizenship and Immigration Services officials on upcoming immigration changes under the Biden administration. The plan would include aid to farm workers and essential workers like grooms and hot walkers. At the U.S. Department of Agriculture, a priority issue for the Biden administration is immigration reform, an official stated. What farms want more than anything is a workforce that can be there day in and day out to make sure things are getting done. If passed, it would benefit employers in the horse industry by having a reliable workforce they can depend on. DENIS BLAKE

According to Equibase, Kassen won 927 races for purse earnings of more than $17.3 million in a career that started in 1971. He trained eight horses who won at least one graded stakes, his first coming in 1981 when Header Card won Santa Anita’s Grade 1 Oak Leaf. His best horse might have been Jack Slade, whose five graded victories included the 1983 Clark Handicap (G3) in which he defeated stablemate Cad, who ran third. Nikki’s Sandcastle won Keeneland’s 2013 Fayette (G2) and Arlington’s 2014 Hanshin Cup (G3) for Kassen’s last graded victories. His other graded winners were Avies Copy (1987 Grade 2 Jersey Derby), Shot Gun Bonnie (1987 Grade 3 Arlington Oaks), Scooter Roach (2004 Grade 3 Robert Carey Memorial) and Lisa M (2006 Grade 3 Arlington-Washington Lassie). In 1987, Avies Copy finished third in the Kentucky Derby under Mickey Solomone. Had victorious Alysheba and jockey Chris McCarron not been so athletic, Alysheba would have fallen or McCarron come unseated when tripped up by runner-up Bet Twice, and longshot Avies Copy would have been adjudged the Derby winner. How many more people would have known about Dave Kassen if he’d carried the mantle of a Kentucky Derby winner? Retired Hall of Fame jockey Don Brumfield said Kassen also was very underrated as a rider, including winning the 1969 Kentucky Oaks aboard Hail to Patsy. “Dave was exceptional as both a rider and a trainer,” Brumfield said of his close friend of 60 years. “He was a good horseman and good fellow with it.” Kassen was born in Cincinnati, starting his career at River Downs. Daily Racing Form’s Marcus Hersh reports Kassen began walking hots at age 9. (To his credit, Dave stuck with school throughout and graduated from Anderson High School in 1958.) He dropped his weight from 146 pounds to 120 while galloping 25 horses a morning. Kassen said that it never occurred to him to ride races until a crusty old trainer suggested he’d never make a decent rider but “might make a decent exercise boy in four or five more years.” Kassen decided to prove him wrong. That kind of determination, with his refusal to budge when he felt he was right, sparked his nickname, “Concrete.” Kassen got his weight down to 108 pounds and rode from 1959 until 1971. He finished second in the 1970 Belmont Stakes on 11-1 Needles N Pens—then promptly lost the mount. Kassen also won twice on Proud Clarion at Keeneland but, having gone down in a spill two days before the 1967 Kentucky Derby, was replaced by the stewards, who feared he was injured. Kassen rode the Derby undercard anyway, Brumfield recalls, but it was Bobby Ussery winning on Proud Clarion at 30-1. Brumfield said Kassen, while still riding races, had helped a widow with her husband’s stable after the trainer died suddenly. “Dave always had his eye on being a trainer,” said Brumfield, who rode extensively for Kassen, the two teaming to win a division of Keeneland’s 1974 Ashland Stakes with Winged Wishes, owned by the jockey’s mother. “He quit riding one day and had a stable of horses the next day.” Kassen was readily identifiable at the track, unfailingly wearing khaki pants and a white polo shirt with a pocket for his cigarettes. He had little patience for those he thought took shortcuts or the easy way out. “He’s brutally honest with his clients about their horses’ ability,” I wrote about him in 2004. “He hits the track by 5 a.m., feels the horses’ legs himself and thinks he’s short-changing an owner if he doesn’t personally watch a horse train. He believes knowing what you’re looking at with a horse—not simply hitting the veterinarian on speed dial—is more important than powerschmoozing.” “I’m not saying some of those guys aren’t good horsemen,” Kassen said then. “But they’re not good horsemen if they’re not there to look at the horses. I don’t care how good you are. It’s like a good groom. If he stays in bed, he’s not a very good groom. He can’t rub no horses in bed.”

THE HORSEMEN’S JOURNAL

SPRING 2021

AFFILIATE NEWS H-2B Advocacy Gains Traction Early This Year

The HBPA Is You

“It’s more vital than ever for Congress to take action to improve the inadequate current guest worker programs,” the American Horse Council stated in light of executive orders issued under the Trump administration relating to increased immigration enforcement and border security. While these orders do not directly relate to the H-2B or H-2A programs, generally speaking, increased enforcement, increased competition for legal workers and greater demand for H-2B and H-2A workers will make it more difficult for horse industry employers to fill many positions. On February 11, the horse industry and its allies in the H-2B Workforce Coalition—an alliance of seasonal employers including the U.S. Chamber of Commerce and American Hotel and Lodging Association, among others—sent a letter to newly confirmed Department of Homeland Security (DHS) Secretary Alejandro Mayorkas urging the release of 35,000 supplemental H-2B visas authorized by the fiscal year (FY) 2021 spending law. Federal law caps issuance of H-2B visas at 66,000 per year, issued in two installments of 33,000. DHS met the cap for the first half of FY2021 on November 16, 2020. During the first week of January, DHS received applications for more than 96,000 workers to begin on April 1. Unless DHS issues the 35,000 supplementals, almost two-thirds of seasonal jobs will go unfilled in the spring, leaving businesses vulnerable to closure and hindering the economic recovery. On the legislative front, the horse industry and its allies are working with Rep. Henry Cuellar (D-TX), a longtime centrist Democrat and member of the Hispanic Caucus, to introduce legislation that would codify inclusion of a “returning worker exemption” (RWE) for the H-2B program. Incorporation of a RWE into legislation would use the same metric Congress has deployed for the past several years to effectively double the number of H-2B visas through annual spending bills. The House bill, however, would add the benefit of codifying the provision into law rather than relegate cap flexibility to the whims of federal agencies and the annual appropriations process. The bill would most likely be introduced with the goal of attaching it to broader legislation focusing on undocumented worker issues. Stay tuned for more developments on the Cuellar bill.

The HBPA, established in 1940, is an organization of owners and trainers numbering approximately 30,000 nationally in 23 states and Canada and more than 6,000 in Kentucky. The association is governed by a board of directors consisting of owners and trainers volunteering their time and elected by the membership every three years. The HBPA is committed to working for the betterment of racing on all levels. The HBPA represents owners and trainers on several fronts: • The HBPA is present in negotiating sessions with each racetrack regarding purse structure, equitable share of simulcast revenues, overall track safety, sanitation and security. • The HBPA provides benevolence to horsemen in need, education and recreation programs to the backstretch, and various insurance packages that include—free of charge to members—fire and disaster insurance and claiming coverage. Visit one of the fully staffed HBPA offices at the currently running racetrack in Kentucky for details. • The HBPA works in conjunction with the chaplaincy program and the Kentucky Racing Health and Welfare Fund to provide support and benefits for horsemen. • The HBPA supports scientific research and marketing initiatives on a regional and national level to help promote interest in Thoroughbred racing. • The HBPA is at the forefront in litigation and legislation on issues involving horsemen’s rights in regard to interstate simulcasting, proprietary rights, casino gambling, therapeutic medication, sports betting and many other areas of concern to horsemen. How can I join? You are invited to drop by the HBPA office to meet the staff and learn more about current projects and how you can get involved in helping to improve the industry. There are no membership fees. Remember, this is your organization. Become an active participant and one of the horsemen helping horsemen. To join, all you need to do is fill out our membership card and fax, mail or email it back to us. For more information, please visit our website at kyhbpa.org and click on “How to Join.”

LOUISIANA HBPA Delta Downs The 2021 American Quarter Horse meet at Delta Downs begins May 14 and ends July 31, featuring the Lee Berwick Futurity (RG1) on closing day. The 2021 Futurity has an estimated purse of $1 million. The July 31 card will have eight stakes, featuring the Delta Derby and other Louisiana-bred stakes, totaling more than $1.3 million in purses. For additional information, contact the Delta Downs racing office at (888) 589-7223.

Evangeline Downs The 2021 Thoroughbred meet at Evangeline Downs begins April 28 and ends September 18. Louisiana Legends Night will be June 5 with six Louisiana-bred stakes for more than $360,000 in purses. For additional information, contact the Evangeline Downs racing office at (337) 594-3022.

Louisiana Downs DENIS BLAKE

THE HORSEMEN’S JOURNAL

SPRING 2021

The 2021 Louisiana Downs Thoroughbred meet begins May 1 and concludes September 22. For additional information, contact the Louisiana Downs racing office at (318) 741-2511. 51

NEWS

Evangeline Downs Racetrack & Casino 2021 Race Meet

Delta Downs Racetrack & Casino 2020-2021 Race Meets

2235 Creswell Lane Extension, Opelousas, LA 70570 Toll Free: 866-4-Racing * www.evangelinedowns.com

2717 Delta Downs Dr., Vinton, LA 70668 * 337-589-7441 * www.deltadowns.com Sun Mon Tue Wed Thu

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8000 Hwy 80 East, PO Box 5519, Bossier City, LA 71171 318-742-5555 * www.ladowns.com

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THE HORSEMEN’S JOURNAL

SPRING 2021

AFFILIATE NEWS MOUNTAINEER PARK HBPA

2021 STAKES SCHEDULE

2021 Racing Meet STAKE

Mountaineer Casino Racetrack and Resort begins its 2021 live racing meet on April 25. Live racing action is featured Sundays through Wednesdays with a 7 p.m. post through December 1. The Grade 3, $500,000 West Virginia Derby and Grade 3, $200,000 Governor’s Stakes are featured on Saturday, August 7, with a special 2 p.m. post.

NO.

TO BE

NAME OF STAKE

RUN

NOMINATIONS

August 7th ~ Special First Race Post Time ~ 2:00 pm

West Virginia Racing Commission Retirement Plan for Backstretch Workers

The WEST VIRGINIA DERBY Grade III

Saturday $500,000 Guaranteed August For Three-Year-Olds 7 One Mile & One-Eighth

The annual enrollment period for the West Virginia Racing Commission Retirement Plan for Backstretch Workers will take place through May 15. Participants must complete their enrollment form each year to receive a contribution for the previous year. Applications are available at the HBPA office.

Mountaineer Park HBPA Medical Trust

One Mile & One-Sixteenth

Please visit the Mountaineer Park HBPA Medical Trust office to complete your application and to receive your benefit card. Trainers must complete an employment list for their employees to receive benefits.

The Mountaineer Park HBPA would like to extend a welcome to our new chaplain, Rick Anderson. Rick is a local pastor who is enthusiastic about serving the spiritual needs of our racing community. Please take the time to say hello to him as he walks the barn area or stop in the chapel.

The Senator Robert C. Byrd

Saturday “Memorial Stakes” - Listed August $75,000 Guaranteed 7 For Three-Year-Olds and Upward

Monday July 26

Six Furlongs

Mountaineer Park Chaplaincy

The WV “Governor’s Stakes” Grade III

Saturday $200,000 Guaranteed August For Three-Year-Olds and Upward 7

Monday July 26

The West Virginia Senate

Saturday “President’s Cup” August $75,000 Guaranteed 7 For Fillies & Mares, Three-Year-Olds and Upward

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One Mile and Seventy Yards (Turf)

DENIS BLAKE

The West Virginia House of Delegates

Saturday “Speaker’s Cup” August $75,000 Guaranteed 7 For Three-Year-Olds and Upward

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One Mile and Seventy Yards (Turf)

The West Virginia Legislature

Saturday “Chairman’s Cup” August $75,000 Guaranteed 7 For Three-Year-Olds and Upward

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Four and One-Half Furlongs

The West Virginia “Secretary of State”

Saturday $75,000 Guaranteed August For Fillies & Mares, Three-Year-Olds and Upward 7 Six Furlongs

Monday July 26

August 7th ~ Special First Race Post Time ~ 2:00 pm

THE HORSEMEN’S JOURNAL

SPRING 2021

NEWS

MOUNTAINEER PARK April 25, 2021 - December 1, 2021 LIVE RACING CALENDAR - 130 DAYS February 2021

January 2021

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Post Time - 7:00 pm Post Time - 2:00pm 54

THE HORSEMEN’S JOURNAL

SPRING 2021

AFFILIATE NEWS MINNESOTA HBPA Canterbury Park Meet Preview

Thistledown Update Thistledown begins its 100-day live racing season on Monday, April 26. The average daily purse structure will increase approximately 11 percent to 12 percent this meet, with an average of more than $150,000 in purse money expected to be paid out per race day. Ohio’s only graded stakes race, the Grade 3 Ohio Derby, will be conducted June 26 during a special Saturday program that also will feature the Lady Jacqueline Stakes and the Daniel Stearns Cleveland Gold Cup. Thistledown’s turn to host the Best of Ohio series will take place Saturday, August 14, featuring five $100,000 stakes for Ohio-breds. Thistledown will race on a Monday through Thursday schedule each week with the following exceptions: The track will race live on the Triple Crown Saturdays of May 1, May 15 and June 5 as well as the aforementioned Saturdays for the Ohio Derby and Best of Ohio Day. No live racing will be conducted on the following Thursdays: May 13, June 3, June 24 and August 12. Post time for the Monday through Thursday cards is 12:50 p.m., while post time for all of the special Saturday racing programs is 12:20 p.m. The meet runs through Thursday, October 14. JJ ZAMAIKO PHOTOGRAPHY

The start of the Minnesota Thoroughbred racing season is just around the corner as it kicks off May 18. Although the 2020 meet far exceeded expectations with its record handle, there is even more optimism for the 2021 meet. Canterbury Park announced a purse hike that will have daily purse money eclipse $200,000. Every race category is receiving a purse hike, including maiden special weight races jumping from $24,000 to $30,000 and allowances for nonwinners of a maiden, claiming or starter going from $25,000 to $31,000. Likewise, a more robust stakes program is in store with $2 million on the line. Meanwhile, construction on the major multiuse development project at Canterbury Park continues. Canterbury, being located less than a half-hour away from the downtowns of Minneapolis and St. Paul and the Minneapolis/ St. Paul International Airport, has proven to be an ideal location in attracting new patrons from the metro population of four million. Its luxury Triple Crown Apartments have already opened, destined to become a popular residence for trainers and owners. Though plans are fluid due to the pandemic, the summer camp for kids is expected to return from its 2020 hiatus. And a new tutoring program will be introduced, in addition to the English-as-a-second-language class. All in all, there’s much to look forward to at Canterbury Park this year— bigger purse money, expanded benevolence programs and more fans in the stands!

Crown Saturdays: May 1, May 15 and June 5. There will be no live racing on Friday, May 7; Tuesday, May 11; and Tuesday, June 1. Post time is 12:35 p.m. daily for the 93-day meet, which runs through Thursday, October 7.

NEBRASKA HBPA Casino Gaming Is Coming to Nebraska Tracks The Nebraska HBPA announced it is building two casino gaming facilities at the racetracks in Lincoln and Omaha. After the constitutional amendment to allow casino gaming racetrack facilities in the state passed, the Nebraska affiliate announced it was partnering with Ho-Chunk Incorporated under the name of WarHorse to build casinos next to the existing racetracks. Bob Moser, president of the Nebraska HBPA, stated, “These racinos will be the best examples of gaming and racing merging to provide the most entertainment value in one location. We look forward to using our portion of the revenue from these facilities to provide more live race days, increased purses and new barns in Lincoln to give horsemen more opportunities to earn a living.” Both locations are expected to fully open in the fall of 2022. Until then, both buildings will be open during construction to continue to offer simulcasting.

THOROUGHBRED RACING ASSOCIATION OF OKLAHOMA (OKLAHOMA HBPA)

OHIO HBPA

Live Racing Returns to Cherokee Casino Will Rogers Downs

Belterra Park Update Belterra Park kicks off its 2021 live racing season on Thursday, April 29. This season includes an approximately 10 percent purse increase over last year’s pandemic-shortened season, with the daily purse structure expected to average approximately $110,000, which includes Ohio Thoroughbred Fund monies. The meet highlight will be the Best of Ohio card to be held Friday, May 28, featuring five $100,000 stakes for Ohio-breds in various divisions. Racing will be conducted on a Tuesday through Friday schedule each week with several exceptions. There will be live racing cards on each of the Triple THE HORSEMEN’S JOURNAL

SPRING 2021

Join in the excitement of live horse racing this spring at Cherokee Casino Will Rogers Downs. For the 12th consecutive year, top Thoroughbred contenders will compete in more than 270 races from March 22 to May 26, including eight stakes races with six exclusively for Accredited Oklahoma-breds. Races begin at 1 p.m. “As one of only a few tracks running last spring, we are now very rehearsed in conducting a safe race meet under pandemic restrictions and CDC guidelines,” said John Lies, racing secretary, announcer and oddsmaker at Cherokee Casino Will Rogers Downs. “We broke new ground with the extended audience we reached last spring and look forward to keeping their attention with another exciting meet.” 55

NEWS Stakes races begin April 12 with the $50,000-guaranteed Wilma Mankiller Stakes, followed by the $50,000-guaranteed Highland Ice Stakes on April 13. A purse of $55,000 is guaranteed for the Miranda Diane Stakes on May 3, the TRAO Classic Sprint on May 4, the Cinema Stakes on May 24 and the Will Rogers Stakes on May 25. Closing out the spring meet on May 26 are the More Than Even Stakes and the Cherokee Nation Classic Cup. Both races carry a purse of $55,000-guaranteed. “We worked with the Thoroughbred Racing Association of Oklahoma to adjust purses and to create the most competitive racing program possible,” Lies said. “Our hope is that the heightened class levels help us retain the stronger collection of shippers we enjoyed last year, while also providing richer opportunities for the local stock.” Cherokee Casino Will Rogers Downs is located three miles east of Claremore on Highway 20. For more information, visit cherokeecasino.com or call (918) 283-8800.

OREGON HBPA Greetings from Oregon We are all hoping and waiting to see if the racing fairs are going to be able to move forward this year, but, of course, it is all dependent on the effects of the coronavirus and how the governor’s office and the county boards of health assess the risk. As we know, the racing fairs depend on fan attendance to make them financially viable. We will be adjusting to a new crop rule being in place by the time we begin racing. It will be modeled after the ARCI rule of two strikes and giving the horse a chance to respond before any further strikes. There also will be a new concussion protocol in place for the riders. We will be returning to Grants Pass Downs for the spring/summer meet with 19 days of racing. The backside will open on April 2 with training opening on April 5. Post time will be 5:15 p.m. on Mondays and Tuesdays with a 1 p.m. post on the Fourth of July. Racing begins on May 10, and the meet concludes on July 13. The horses will then return to Grants Pass in late August to begin the fall race meeting. Grants Pass Downs continues to grow and improve with a lengthened chute and more barns going up, along with more tack rooms as well. The big news is that the construction of the Flying Lark is well underway. It will be an entertainment venue containing two restaurants, an off-track wagering facility and a room offering wagering on historical horse racing. As always, the horsemen and horsewomen of Oregon remain grateful for all of Grants Pass Downs’ efforts to protect the future of racing in this state. Happy and safe racing to all, Randy L. Boden, Executive Director Oregon HBPA

WASHINGTON HBPA Lots of Good Reasons to Visit Emerald Downs in 2021 A moderate climate, fresh Pacific Northwest air and a magnificent Mount Rainier view are all enticements for coming to Emerald Downs for the summer race meet, but there’s more in 2021! For the 50-day live racing season, Emerald Downs announced some brand-new, attractive horsemen’s incentives including a $10,000 bonus for new trainers who bring at least 10 horses to the track. Emerald Downs President Phil Ziegler is looking forward to running more race days in 2021. “We were successful running Wednesdays and Thursdays last year,” Ziegler said. “Plus, we are planning to add Sunday racing this year during the summer months.” Purses will show a 10 percent increase across the board from the level advertised at the beginning of the 2020 meet, and more than a dozen blacktype Thoroughbred stakes races are scheduled, including the Grade 3 Longacres Mile in August. To help increase the horse population, the $10,000 trainer bonus program will comprise a $5,000 bonus paid directly to the trainer upon arrival and an additional $5,000 after the trainer’s 10th start of the meet. Trainers must come from a track outside of Washington, Oregon and British Columbia. The popular Ship and Run Incentive Program also has been enhanced for 2021. Out-of-state horses will receive a $500 bonus for their initial start at Emerald Downs. The bonus is for horses whose most recent start was outside the state and who did not race at Emerald Downs in 2019 and 2020. In addition, horses must have started for a claiming price of $3,000 or more in each of their three previous starts. First-time starters are not eligible. Additionally, every unplaced starter will continue to receive a $200 participation fee. Horsemen should note that the new trainer and shipping bonus programs cannot be combined. The trainer bonus is limited to the first five horses who qualify, and the shipping bonus is limited to the first 100 horses that qualify. Management also has worked with several local hotels in close proximity to the track to offer a monthly rate to horsemen that is lower than most apartment rates in the area. The monthly rate, if paid in advance like a rental property, will not have additional taxes applied and, for some of the hotels, will include a free continental breakfast. “The new hotel agreement is a great solution to a major obstacle,” said Washington HBPA Executive Director MaryAnn O’Connell. “The availability of short-term [less than one year] housing has been a hurdle for out-of-state trainers coming to Emerald in the past. The dormitory rooms at Emerald provided to the grooms are nice, but the ability to affordably live off the track has stopped some trainers from coming here. They can now have affordable housing, complete with furniture and freshly laundered towels.” Stall applications are available online at emeralddowns.com in the Horsemen section or by visiting the Interactive Racing Office on the InCompass Solutions website at interactive.trkmgr.com/landing. For complete details on the incentive programs, call Director of Racing Bret Anderson at (253) 288-7751.

Training Resumes with Renewed Focus on Safety and Vaccination Program DENIS BLAKE

The stable area at Emerald Downs opened on Monday, March 1, under strict COVID-19 protocols, which include a negative PCR requirement for first-time entry. When the pandemic hit in 2020, horses were already at the track. This 56

THE HORSEMEN’S JOURNAL

SPRING 2021

AFFILIATE NEWS

WHRC Executive Secretary Doug Moore Honored at Awards Ceremony The 2020 Washington Annual Awards celebration was held via Zoom on February 27. Many industry members tuned in via their phones or other devices to be part of the ceremonies. Although not the long-standing February dinner and social event of the past, the evening was a reminder that not all was lost in 2020 due to the pandemic. Washington was able to conduct a race meet, and champions DOUG MOORE WITH HIS WIFE, PATTY were crowned. Instrumental to obtaining Governor Jay Inslee’s permission to conduct a race meet was Washington Horse Racing Commission Executive Secretary Doug Moore. For his efforts and continued passion for the industry, he was the 2020 recipient of the WHBPA/WTBOA Special Recognition Award. Not only did Moore go above and beyond for approval of the race meet, but he also worked extra hard to gain approval for the WTBOA August horse sale amid complex COVID-19 restrictions and protocols. Moore has led the WHRC since 2013, but he has a long history with Pacific Northwest horse racing. He started his career in racing at the age of 13 riding races at Washington county fairs. After graduating from high school, he began his professional career scoring most of his 1,418 wins aboard Thoroughbreds THE HORSEMEN’S JOURNAL

SPRING 2021

FOUR FOOTED FOTOS

year presents a different scenario, as people and horses will be coming from multiple areas. Fortunately, the 2020 race meet was a healthy one for horses and essential stable personnel at Emerald Downs. There were zero catastrophic injuries to horses during the races in a meet that experienced an unusually prolonged training period (due to a two-month delay to the start of the live meet). This can be attributed to cooperative efforts by trainers, veterinarians, the Washington Horse Racing Commission and track management, along with a little good luck. COVID-19 protocols and screenings also proved effective in 2020 as there were no reported cases of the virus in the stable area, and therefore no interruptions of racing. Injuries and canceled race days are costly for all stakeholders in horse racing, so the Washington HBPA, Emerald Downs and the Muckleshoot Indian Tribe (owner of Emerald Downs) have their sights on an equally healthy year in 2021. In addition to the screenings, the Muckleshoot Indian Tribe is currently organizing a program to provide COVID-19 vaccinations for all essential stable-area personnel. The tribe has already provided vaccinations for their direct employees, which include employees at Emerald Downs. Exact dates and details of the vaccination program are still in the works. The vaccination program is a major part of the overall plan for continuity of the 2021 season. In March, the barn area was limited to only essential workers. Owners will have to wait until at least April to visit and watch their horses train. Although, the Washington HBPA realizes this is difficult for some owners, we support the WHRC and track management’s decision to begin training with limited population and exposure for essential workers. Limiting exposure, until essential personnel can be vaccinated, better ensures prevention of an outbreak. Everyone is in agreement that a season absent of intermittent shutdowns is a benefit to all facets of the industry.

MOORE RODE NEARLY 1,500 WINNERS AT MAJOR TRACKS LIKE LONGACRES AND MANY SMALLER OVALS AROUND THE REGION.

at Playfair, Longacres, Portland Meadows, Salem and Les Bois Park. His first Equibase-recorded win came aboard maiden 3-year-old Chantgerro on January 9, 1976, and his first stakes win was the Bill Weinburg at Portland Meadows in December 1979. Moore, who often traveled to Montana fair meets, was also an accomplished Quarter Horse rider, winning 14 percent of his Quarter Horse starts and placing at a clip of 40 percent. He was known to go wherever there were horses to ride, and it didn’t seem to matter what the class of horses, purses or track was or wasn’t. In 1986, Moore for the first time moved his tack to Washington’s Class A racetrack, Longacres, where he immediately had an impact, winning 46 races including three stakes. Two of the victories were aboard multiple stakes winner and Oregon champion Polynesian Flyer. Later, the rider who had gained respect at one of the West Coast’s most recognized tracks still was not above riding 32 Arabian races at fair meets in eastern Washington and Montana. He always has exhibited a passion for the sport and primarily a passion for the horse and horsemen. In 1989, after ending the Playfair meet as leading rider, Moore accepted the position of assistant racing secretary and clerk of scales at Portland Meadows. During the next five years, he worked at a variety of official positions, including as assistant racing secretary at both Playfair and Yakima Meadows and as a steward at Great Falls and Billings in Montana. At the same time, he continued to ride at Boise and various fair meets, only retiring his tack briefly in 1991. In 1994, he rode his last race and collected his winning percentage from a $1,000 purse aboard a horse named Flying T in Great Falls. That same year, and likely the reason for hanging up his tack, Moore began working for the Washington Horse Racing Commission as a clocker/identifier at Playfair Race Course in Spokane. During his tenure with the commission, he has performed most official duties and was named to the board of stewards in 1999 and presiding steward in 2005. In 2009, Moore accepted the deputy secretary position with the commission and was named executive secretary in March 2013 following the retirement of Robert Lopez. Moore brings his passion for horses and a keen understanding of horsemen to his position with the commission. He has not forgotten his roots, and although surrounded by the politics of the position, he is always cognizant of how commission decisions affect those working in the stable area. This is most noticeable at the top level, where Moore serves as co-chair of the Model Rules Committee at the Association of Racing Commissioners International, where for many years, horsemen were not involved in the conversation. More recently, the culture has changed to include horsemen’s representation, and Moore has been instrumental in recognizing and conveying horsemen’s point of view even when not popular to do so. The inscription on the award reads: “For his continuing efforts on behalf of the entire Washington Thoroughbred community, his dedication and steadfastness to the industry during an extremely trying year and his work in getting 57

NEWS

Bodenheimer Named Washington Horse of the Year Kristin Boice and Marylou Holden’s talented juvenile Bodenheimer was named 2020 Washington Horse of the Year, which honored the late Washington horseman Richard Wright. The son of 2020 Washington Sire of the Year Atta Boy Roy was a stakes winner at Keeneland and Prairie Meadows last year. He is trained, as was his sire, by now-Kentucky resident Valorie Lund. In addition, Bodenheimer was named champion turf horse and shared co-champion 2-yearold honors with undefeated Dutton. Dutton, who races for Rising Star Stable VIII and is trained by Howard Belvoir (who received one of three special racing achievement awards), is from the first and only crop of the late Washington champion Noosito. Champion 2-year-old filly honors went to Chad and Josh’s Time for Gold, who was victorious in two Emerald Downs stakes. Her owners, Chad Christensen and Josh McKee, were also the state’s leading owners of Washington-breds. The 2019 Washington Horse of the Year Baja Sur, by Smiling Tiger, added two more championship titles to his impressive total: champion older horse or gelding and champion sprinter. He races for John and Janene Maryanski and Gerry and Gail Schneider and is trained by Blaine Wright. The 2019 3-year-old filly champion Alittlesstalk earned champion older filly or mare honors with an even more impressive record in 2020 when the 4-yearold won two stakes and placed in two more in her seven-race skein. She races for Warlock Stables, Kelly Dougan and trainer Roddina Barrett.

Tawnja Elison’s Unmachable, by Macho Uno, also started from where he had left off in 2019. The state’s 2019 champion 2-year-old added two more stakes wins in 2020, one over older runners, to earn the champion 3-year-old COADY PHOTOGRAPHY

approval for racing at Emerald Downs and the WTBOA Sale.” The inscription not only portrays what Moore did for the Washington horse racing industry in 2020 but also honors his lifetime of commitment to all levels of the sport. Moore lives in Tacoma with his wife, Patty. He is the father of five: sons Tom and Austin and daughters Brittany, Ashley and Brianna.

BODENHEIMER WON THREE RACES, INCLUDING THE PRAIRIE GOLD JUVENILE AT PRAIRIE MEADOWS IN IOWA, AND BANKED MORE THAN $150,000 LAST YEAR.

title. His trainer, Jack McCartney, also was honored with a special training achievement award. Other horse honors went to Miss Prospector (top 3-year-old filly), Omache Kid (plater), Fortune’s Freude (most improved plater), Melba Jewel (broodmare) and Winter Knight (OTTB), plus Mr. and Mrs. Frederick Pabst (leading breeder) and jockey Juan Gutierrez for gaining a record number of wins at Emerald Downs. For a complete list of all the nominees and evening’s winners, please visit the WTBOA website at washingtonthoroughbred.com. HJ

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SPRING 2021

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THE HORSEMEN’S JOURNAL

SPRING 2021

STOP THE BLEEDING Be Ready To Get Back On Track

bleeding time. They concluded that the active ingredient in BleederShield was effective at minimizing blood loss in horses.1 Bleeding Time (sec) in Horses

By Mark Hansen

While bleeding from the nose in racehorses is uncommon, it is accepted that most every horse will experience some level of bleeding in their lungs. Even though this may only cause slight discomfort for the equine athlete, it is a trainer’s worst nightmare because it can lead to poor performance, lost training days, costly treatments, or worse — a very sick horse that’s banned from racing for life. For one trainer, this is exactly the nightmare that happened to him. Suddenly not just one, but two of his best horses were bleeding from EIPH (Exercise Induced Pulmonary Hemorrhage). They were in danger of being banned from racing, even though they were still in their prime. Lasix (Salix) was not an option. The trainer was at a loss. What can be done? Facing these concerns for two of his horses, the trainer (who asked us to withhold his name for competitive reasons) was willing to try anything. So, he searched for another option. He gave his horses an alternative to bleeder drugs and treatments; something he had read about called BleederShield. This natural respiratory horse supplement helps control bleeding. It is just as effective in improving the health and performance of bleeders but without any of those “drug issues” that come with most race-day bleeder medications. “I used BleederShield paste on two horses that had been bleeding. Now, neither horse has bled. This is a great product; it saved the careers of two very good horses.” The Science Behind BleederShield To understand how BleederShield works, we looked at a controlled study run by veterinarians at the University of Minnesota College of Veterinary Medicine. They investigated the effects of the active ingredient in BleederShield, yunnan baiyao, which has been shown to help reduce bleeding in people and animals. The veterinary team wanted to see how this active ingredient specifically affected bleeding in horses. They measured template bleeding times in horses before and after receiving a supplement with the active ingredient. The researchers reported that the supplement significantly reduced

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Control

Treatment

What surprised us the most about BleederShield is its effectiveness without the use of drugs. Having a drug-free option is critical in countries that ban most race-day EIPH medications. And even though Lasix/Salix isn’t banned in the USA yet, its day may be coming. There’s a serious need NOW for a natural solution that can help control bleeding in performance horses. Trainers and owners alike are impressed with the results they are seeing from BleederShield. One winning trainer told us: “I have horses that bleed and when I use this product I have no problems. I’m sure there are a lot of products on the market but I stand behind this one all the way.” Now you can improve the health of your horses while protecting the investment in their racing careers. With the results from the scientific studies, you can expect BleederShield to reduce bleeding events in horses during intense exercise… repair damaged blood vessels…and provide support for normal lung function and normal blood flow.2 Best of all, BleederShield is easy AND affordable. It could be the smartest investment you make to avoid pricey problems related to EIPH. It’s well worth the small price to avoid a banning risk or losing a great horse. A company spokesperson confirmed an exclusive offer for the Journal’s readers: if you order BleederShield this month, you’ll receive 10% off your first order by using promo code "HJ10" at checkout. You can order BleederShield today at www.BleederShield.com. 1. Graham L. et al. J Vet Emerg Crit Care. 12:4 (2002) 279-282. 2. Graham L. Vet Clin North Am Equine Pract. 2006.

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