Posts Tagged ‘ed whitfield’

By Ray Paulick 

Within two weeks of the June 19 Congressional hearings that looked into Thoroughbred racing’s safety and medication issues, a small group of industry insiders met at Keeneland in Lexington, Ky., to discuss potential reforms that could stave off threatened federal intervention.

A confidential discussion document that came out of the Keeneland meeting and talks with other industry stakeholders outlines a far-reaching program of potential reforms as well as suggestions for implementing and enforcing them. The Paulick Report has obtained a copy of that confidential discussion document and memorandum (1, 2, 3, 4, 5) sent to the board of directors of the National Thoroughbred Racing Association written July 9 by NTRA CEO Alex Waldrop.

Among the possible reforms discussed in the document are minimum national standards for medication, drug testing and penalties; benchmark safety standards of racing surfaces and/or a mandatory switch to synthetic tracks; a ban or limitation on racing fillies against colts; eliminating timed workouts at 2-year-old sales and distance restrictions for 2-year-old races; a funding mechanism for permanently disabled jockeys; wagering protocols and mandatory public disclosure of wagering abnormalities; uniform scratch rules and "other player-friendly advances"; integrity clauses and potential revocation of Eclipse Awards for individuals involved in infractions; and a national placement program for retired racehorses.

"As part of our post Triple Crown public relations and communications strategy based on consumer research findings, it is clear that the industry must implement real reforms in the area of horse health and safety ," Waldrop wrote in the memorandum to the NTRA board. "It is equally clear that the NTRA must play a leadership role to ensure responsible, timely and uniform execution of the equine health and safety reforms put forth by a number of industry organizations, including The Jockey Club Safety Committee. To that end, we believe it will be necessary for industry stakeholders to come together to reach consensus on industry reforms and to agree upon the methodology for timely implementation."

Waldrop recommended two days of meetings of industry leaders in Lexington, Ky., Sept. 3-4.

Waldrop called the confidential discussion document "far-reaching and ambitious to say the least and impacts virtually all segments of the industry. However," he added, " it appears that virtually all segments of the industry are in agreement that if we do not take pro-active action on the integrity front, the Federal government will very likely act on our behalf. And the questions from fans and media asking, ‘What has the industry done since Eight Belles?’, will come soon enough."
Congressman Ed Whitfield of Kentucky, the ranking Republican member of the U.S. House of Representatives subcommittee that conducted the hearings, is calling for an amendment to the Interstate Horseracing Act of 1978 that would set minimum standards for racetracks wishing to conduct interstate simulcasting.

In fact, the threat of federal intervention will be used as leverage to get people on-board with the reforms, the document suggests. Suggested implementation would occur in four phases, beginning with "house rules" at racetracks "commencing upon the start of each track’s first full racing meeting in 2009." Phases II and III would depend on adoption of model rules and minimum standards by the Association of Racing Commissioners International and its member associations in various racing states. The final suggested phase would be the formation of a "national governing body comprised of key industry stakeholder and legislative bodies under an interstate compact."

Potential penalties for failing to comply with whatever reforms are pushed are loss of eligibility to host a graded race, loss of Breeders’ Cup stakes money or consideration as host site of the championships, loss of NTRA membership or loss of right to conduct interstate simulcasting.

The discussion document also calls for the commitment of owners, trainers and jockeys to compete only at tracks that operate under the agreed upon rules.

Copyright © 2008, The Paulick Report

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Saratoga typically dominates the racing scene in late July and August, so it was good news for Del Mar that the West Coast track had its opening a week earlier than the Spa this year, putting it in the national spotlight at least for a few days.

And a very good debut  it was, with the largest opening-day crowd in history – despite an increase in parking and admission prices, soaring gasoline prices and a spiraling economy. A stubborn TVG (do they have any friends left in the industry?) continues to make it difficult for fans to wager online, and that factor had to contribute to a 10% drop in handle.

Last year’s problems with the newly installed Polytrack (the afternoon heat softened the wax, making it more like mushytrack) seem to have been corrected, and the race times in the afternoon are several seconds faster than they were in 2007. Just as important, the track is safe – so far. But horseplayers can’t be blamed for holding back a bit on their Del Mar wagers if they’re uncertain about the kind of track they’ll be getting. More closers than front-runners seem to be winning, but the track is playing fair.

Speaking of playing fair (or not), why did the controlling members of the Breeders’ Cup board of members and trustees gang up to keep NetJets founder Richard Santulli off the 14-member operating board of directors in a recent election? Santulli is a highly respected businessman who brings everything to the table you’d think the Breeders’ Cup board needs. Apparently, however, he lacked the one thing the controlling members wanted: a nodding head.

One fellow the controlling board members favor is Terry Finley, the founder and president of West Point Thoroughbreds, a successful racing partnership. The week after Finley was re-elected to the Breeders’ Cup board, the organization teamed up with West Point in a creative promotion  for the popular ESPY Awards on ESPN that gave all the participating celebrities and athletes the opportunity to redeem a free share in a West Point horse and enjoy a free, VIP trip to the Breeders’ Cup championships. West Point in turn would be able to promote the celebrity/athletes as a West Point partner. No matter how innocent the choice of West Point may have been, it’s amazing no one within the Breeders’ Cup saw the potential to read this as another good ol’ boy deal of “we’ll scratch your back if you scratch ours.”

A guest editorial submitted to the Paulick Report by Kentucky Congressman Ed Whitfield is sure to have heads shaking with disagreement in some corners over Whitfield’s proposal to amend the Interstate Horseracing Act of 1978 to address some of the issues the industry is struggling with, including medication. Kentucky’s newly configured racing commission and the California Horse Racing Board took steps this past week to regulate anabolic steroids, and that’s a good thing, but Whitfield’s efforts may be gaining momentum in Congress.

A Paulick Report reader called it typical for the “land of fruits and nuts” when Calilfornia Gov. Arnold Schwarzenegger appointed former actress Bo Derek  to the California Horse Racing Board, but what’s wrong with having someone whose life is largely committed to the protection of animals (horses in particular) on a governmental board that regulates horse racing? We weren’t the only one to call the appointment a “10.”

Interesting that on the same day the Paulick Report was writing about the death of print coverage of horse racing (at least in the Los Angeles Times, the nation’s fourth-largest newspaper that axed its two racing writers) , Jess Jackson was stimulating interest with an online poll asking the public to help him guide Curlin through the rest of his racing career. Sure, it’s a gimmick, but it’s a smart one that got a lot of people talking about racing’s biggest star instead of racing’s biggest problems. Within a couple of days, more than 10,000 people had voted in the poll. Go here  to vote or see the current results of the poll.

Anyone else wondering what’s up at the Downs? Churchill Downs, the publicly traded company cut a couple of dozen jobs  this past week in the wake of a falling share price. CEO Bob Evans hasn’t pulled a rabbit out of his hat yet, and neither has the team of techies he put together in California’s Silicon Valley to develop new products and ideas. Confrontations with horsemen over distribution of account wagering revenue haven’t been productive to Churchill Downs or the industry. 

By Ray Paulick

Copyright ©2008, The Paulick Report

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One of the goals of the Paulick Report since our launch last month is to further the dialogue on the many critical issues the Thoroughbred industry faces, and to hear from different voices representing diverse points of view with which we may agree or disagree.

The following op-ed article was written by Congressman Ed Whitfield, a Republican from Kentucky, whose office contacted the Paulick Report about the possibility of its publication. The piece concerns the recent Congressional hearings on racing and his belief that the federal government can help the industry through an amendment to the Interstate Horseracing Act of 1978.-Ray Paulick

Time to Get Horseracing Back on Track

By U.S. Representative Ed Whitfield (KY-01)
Ranking Member, House Subcommittee on Commerce, Trade and Consumer Protection

Last month, the U.S. Congress held a hearing to examine the state of the horseracing industry in America. The voices of those who testified rang loud and clear across the country and an overwhelming consensus was reached on four key issues plaguing the Sport of Kings.

The first is that far too often, horses are given performance enhancing drugs and pain killers to ensure they run as fast as possible, while masking pain that may have provided a warning to avert a catastrophic injury for the horse and the jockey. The second is a lack of uniformity of applicable drug rules and data collection statistics regarding track accidents and safety issues among the 38 separate state racing jurisdictions. The third is the excess number of drug labs in the U.S. - over 18 today - and their inadequate funding to ensure quality and accurate testing. The fourth is the absence of any one entity with the authority or power to enforce uniformity in a myriad of regulations across state lines.

Horseracing is a $40 billion a year industry in the U.S. and generates more than 500,000 jobs nationwide. It is also a part of our nations’ history and a cherished tradition. Anyone who has spent a day at the races at Keeneland, Del Mar, Saratoga or attended the Kentucky Derby or the Preakness revel in the beauty of the horses, the pageantry of the event, romanticism of the sport and the skill of the jockeys.

However, when the American people read news stories about the rampant use of drugs administered to the horses and see it described as "chemical warfare;" when they realize that over 5,000 horses have died from injuries on racetracks since 2003; when they see the life threatening injuries suffered by jockeys riding the horses; and when they discover the number of horses that are sent to slaughter every year after falling into the lowest claiming races, horseracing becomes less appealing. In fact, a recent poll taken by a newspaper in Seattle found that 38 percent of those polled wanted to ban horseracing.

I do not want to see that happen and do not believe it will. I do, however, strongly believe that Congress can help the industry solve its problems and do so without creating an expensive new federal agency.

Congress can help because it can adopt minimum standards or guidelines for excellence, control and uniformity among the 38 racing jurisdictions. Just as important, Congress can enforce the minimum standards through the Interstate Horseracing Act of 1978. The industry came to Congress in 1978 and asked the federal government to become involved in horseracing by adopting legislation to allow the simulcast signal across state lines without interference or obstacles. Congress obliged and did not ask anything from the industry.

Today, simulcasting provides 85 percent of the revenue for horseracing, but the industry has not been able to solve the serious issues it faces. It is time for action. I propose that Congress set minimum standards in the 1978 Act and require state racing authorities to adopt those standards to continue receiving the benefits of simulcasting. The federal government working with industry leaders and groups can solve the problems and ensure a strong, safe and vibrant sport for future generations.

It was, to say the least, an interesting week to launch the Paulick Report.

First, we had the opportunity to take a close look at the Breeders’ Cup election for its board of members and trustees in a two-part series that looked first at the history of the organization’s governance. The current battle for control — the old guard vs. the new guard — was the focus of the second part of that series. The Breeders’ Cup election is now in full swing. A newly seated board of members and trustees will then be responsible for electing half of the 14-member board of directors, which has operational oversight of the Breeders’ Cup program and its championship event. The vote for the board of directors takes place in Lexington July 11.

The Paulick Report promises to keep a close eye on the Breeders’ Cup election process.

Then came the news uncovered here that Curlin might not be able to race in New York this year because of problems involving the owner’s license of Shirley Cunningham, a jailed attorney who is part of the Midnight Cry Stable that owns 20% of the reigning North American Horse of the Year. Cunningham, along with two other attorneys involved in a class-action lawsuit settlement, has been charged with a crime but not convicted of anything. Shortly after PaulickReport.com exposed the problem with Cunningham’s license, a mouthpiece for the New York State Racing and Wagering Board attempted to spike the issue through the Thoroughbred industry’s trade press by saying there would be no problems with Curlin racing in New York. If that was the case, then, why was Midnight Cry Stable’s Einstein not allowed to race in New York on Belmont Day in the Manhattan Handicap?

I can think of at least one person who was happy to keep Einstein out of New York: Dinny Phipps, the former boss of New York racing, whose family stable’s Dancing Forever won the $400,000 Manhattan. Einstein defeated Dancing Forever earlier this year in Florida, where the owner’s license was not an issue. It was not an issue in Kentucky, either, where Einstein ran second to Curlin in the Stephen Foster Handicap June 14. Even stranger: Curlin raced in New York last fall, winning the Jockey Club Gold Cup, one month after Cunningham’s license had expired. By week’s end, attorneys for Curlin’s majority owner, Jess Jackson, said they are confident the issue will be resolved.

Mid-week brought our focus to Washington, D.C., for a preview of a Congressional hearing on Thoroughbred racing by the House of Representatives subcommittee on commerce, trade and consumer protection. The hearings came in the wake of a series of high-profile events that seemed to begin two years ago with the tragic breakdown of Barbaro, then continued in this year’s Triple Crown with the death of Kentucky Derby runner-up Eight Belles.

The Paulick Report was the only racing publication to provide live-blogging of the hearing from Capitol Hill on Thursday, followed by an analysis of what could be a watershed day for the industry if Kentucky Rep. Ed Whitfield can push through legislation setting national guidelines on medication and other issues for the 38 state racing commissions to follow.

Finally, a glimmer of hope from an unexpected source. Emily Patton, an 18-year-old horse crazy girl, writes with passion about what attracted her to Thoroughbred racing at the tender age of 12. It was a wonderful reminder to us all about what is so appealing about this great game.

Thanks to the many of you who already have indicated your support for what we are doing by making a financial donation or contacting us about advertising at info@paulickreport.com.

Stay tuned, the Paulick Report is just getting started.

By Ray Paulick

Copyright ©2008, The Paulick Report

Have you ever been to one of those business meetings where the boss calls his managers together and “wants feedback” on an idea that, it’s clear to see, he has already decided to put into play? That’s what Thursday’s Congressional hearing, entitled “Breeding, Drugs, and Breakdowns: The State of Thoroughbred Horseracing and the Welfare of the Thoroughbred,” was all about.

The members of the subcommittee on commerce, trade and consumer protection weren’t at all interested in getting feedback from a broad mix of Thoroughbred industry participants. If they were, they would have invited track owners, jockeys and someone representing the Racing Medication and Testing Consortium to testify.

Most glaring, however, was the absence of any racing fans and horseplayers — the people who fuel the entire multi-billionaire-dollar industry with their bets. They would have had plenty to say. Where were all the fans?

Thursday’s hearing was all about reinforcing the predetermined opinion by some - if not all - of the subcommittee members that racing and breeding is in dire need of some form of federal intervention. It was a two-act play, masterfully choreographed by acting chairwoman Jan Schakowsky of Illinois and ranking Republican Ed Whitfield of Kentucky, who tipped their hand that they will try and amend the Interstate Horseracing Act to employ guidelines that could radically change how the sport is regulated and conducted.

Many of racing’s numerous flaws were exposed during the three-hour hearing, which came to an abrupt end when the members were called to the floor of the House of Representatives for a vote. The happiest man in the room when that happened was National Thoroughbred Racing Association CEO Alex Waldrop, the last of a dozen speakers providing testimony. House members were interrupted just before a question and answer session got under way in which Waldrop was likely going to be grilled.

In short order, those problems are:

- Drugs have contributed to a decline of the Thoroughbred breed and Thoroughbred racing

- Research, drug testing programs and horse rescue/retraining efforts are severely underfunded

- The lack of a central authority or national regulatory standards, and the existence of state-by-state regulations, have led to dysfunction

- Existing industry organizations and perceived industry leaders have failed miserably to address the problems successfully

Allowing Congress to interfere with any industry is a frightening thought, given some of the pointless and idiotic questions directed at the two panels. For example, if one of the Congressman had his way, inbreeding would be banned. What’s next, nicking? However, doing nothing under the present industry leadership is the greatest risk we can take.

The uninformed comment about inbreeding was far from being the most outrageous aspect of Thursday’s hearing. It was the complete absence, both in body and spirit, of the racing fan and horseplayer. To my knowledge there was only one mention of fans (by Waldrop, in response to a question) throughout the day, as if they didn’t exist. Let’s not forget that the word “consumer” is part of this subcommittee’s name.

Shame on the committee for not including racing’s ultimate consumers who fuel the industry’s revenue engine.

The NTRA is attempting to put together a coalition of horseplayers, but the NTRA’s track record is not exactly inspiring on many levels. But before we bludgeon that 10-year-old organization to death, it should be pointed out that divisiveness, lack of trust and reticence from other alphabet groups (TOBA, TJC, HBPA, THA, TOC, AAEP, RCI, TRA et al) to give up control emasculated the NTRA and prevented it from having the national oversight and major league commission office status it was designed to have.

Jockey Club CEO Alan Marzelli was pressed hardest by House members and ultimately came out looking the worst of all the industry experts during the hearing. When asked what authority the Jockey Club has to ban steroids and enact other recommendations of its safety committee, Marzelli said it has the “power of persuasion.” It was a pitiful and embarrassing moment for the industry, or a bad attempt by Marzelli to imitate Don Corleone of The Godfather.

The Jockey Club’s same power of persuasion has been ineffective on getting a national license for racehorse owners. If that power of persuasion was so strong, a national owner’s license would have happened 20 years ago when the Jockey Club created an ownership registry, which could have been a first step toward that goal. That boat never left the dock. Instead, we have a patchwork system of state licensing that is a poster child for the industry’s complete and total dysfunction when it comes to regulatory oversight. Look at the situation involving Curlin’s minority owners, the Midnight Cry Stable. Their horse, Einstein, couldn’t run in New York on Belmont Stakes Day because of licensing problems, but could run at Churchill Downs a week later because Kentucky has different licensing rules.

If the Jockey Club’s power of persuasion isn’t strong enough to get something as simple as a national owner’s license accomplished, how can we count on the same failed leaders to persuade 38 state agencies to uniformly ban steroids and enact other necessary change to move the sport forward?

By Ray Paulick

Copyright ©2008, The Paulick Report

The Paulick Report will be blogging live from Thursday’s hearing on horse racing from Washington, D.C.

9:45…The guests begin to assemble for the hearing on “Breeding, Drugs, and Breakdowns: the State of Thoroughbred Horseracing and the Welfare of the Thoroughbred,” and Christian Fjeld, staff counsel for the subcommitee on commerce, trade and consumer protection, doesn’t seem very happy about Rick (no show) Dutrow. “We havent heard from him, so we are still expecting to see him here, Fjeld said. “His chair and name placard will be here unless we here from him before the hearing starts.” Fjeld said it is “unusual” for someone not to call the committee to say they are unable to attend.

“Unusual?” That’s a good way to describe Mr. Dutrow.

9:50…Debbye Turner, correspondent for the CBS Evening News, is here to put the finishing touches on a piece she has been working on about Jess Jackson and the horse racing industry. She said it will air tonight. TV people sure look a lot better than print folks. She’s seated next to me and Joe Drape of the NY Times, which could make anyone look good.

9:55…The room is filling up quickly. Heavy press attendance and horse racing folks who are not testifying, including Roy Jackson, who raced Barbaro with wife Gretchen.

10:07…Meeting called to order by Democratic Rep. Jan Schakowsky of Illinois. She acknowledges subcommittee chairman Bobby Rush of Illinois (yes, the former Black Panther, but that is sooo yesterday), who is recovering from a serious health issue. She then reads an opening statement that charges horses racing are “doped with cocaine, caffeine and anabolic steroids.” A breeding expert apparently, she goes on to talk about how Eight Belles was inbred too much to unsound horses. Someone on her staff must be a Bill Nack fan. Nack wrote a piece critical of the pedigree of Eight Belles, who died in the Kentucky Derby, being inbred to Native Dancer. “It has become almost impossible to tell what their natural condition is (because of doping).” Oh, brother, this is going to be a long day. “What’s going on here?” she asks. Hey, that’s not fair to use that slogan. The Blood-Horse editorial page owns that. “Work with us to clean up your sport,” she says.

10:12…Next up is Rep. Ed Whitfield of Kentucky, the ranking Republican of the subcommittee. He cites three primary problems. “Our horses race more on drug induced ability than on natural ability,” Whitfield says. Second problem, he said, “is a lack of transparency.” Third issue “is a lack of an authority to make decisions and enforce rules and regulations. There is not any one entity that can enforce regulations.”

10:15…In fairness to No Show Dutrow, Joe Drape leaned over and said, “They lie,” in reference to politicians. What? OMG. “I know for a fact Dutrow called Whitfield’s office,” he said. Sorry, Rick. You’re absence is excused as far as I’m concerned.

10:10…Rep. Cliff Stearns of Florida talked about his home region in Ocala, Fla., then shifted to Eight Belles. “Was this a freak accident with Eight Belles?” He said he doesn’t want the federal government to run horse racing. “I don’t want you to work with us. I want you to work without us,” he said. Stearns talked about “rainers who give their horses cocaine and all they get is a slap on the wrist. Stearns said horses are committing suicide. I wonder, do they have mental problems, too, in addition to their physical weakness?

10:25…Rep. Lee Terry of Nebraska saluted Jack Van Berg, the Hall of Fame trainer who will be testifying later. Terry said he worked at Ak-sar-ben (hey, that’s Nebraska spelled backwards!) during college and the Van Berg name was huge back then. Wonder if the good Congressman knows Ak-sar-ben is toast.

10:30…After all the opening statements by congressman are finished, acting chairman Schakowsky states, “This hearing is completely bipartisan.” That could be a first in this town.

10:35…Schakowsky slaps Dutrow a hard one. “Disappointed” by his absence, she says. Lot of chuckles from the audience when she says she hopes, after he feels better, Dutrow will join the efforts to clean up the sport. Now I am conflicted. Who should I believe: Joe Drape or a politician?

10:37…Alan Marzelli of the Jockey Club is the leadoff hitter. Says he is “grateful” to be here. Anyone have a lie detector machine around here? A look around the room shows it is standing room only. “The thoroughbred safety committee’s work has just begun,” Marzelli says, after outlining the recommended changes the committee announced Tuesday. Marzelli said he is “confident” that 2008 will be the last year anabolic steroids are used in horses for racing or training.

10:43…Richard Shapiro, chairman of the California Horse Racing Board gets off a good line: “We used to have twice the horses and half the vets. Today we have twice the vets and half the horses.” Is “pharmacopia” a word? Shapiro used it to describe the prevalence of medication in racing today. He cites clenbuterol as an example of a drug that is misused. “It was intended for cattle,” he said.

10:46…Shapiro cut off by the chairman…”You have one minute left.” He reads faster! Shapiro wants a national racing charter with one set of rules for all. He is against a national regulatory body, but wants a national racing commission. Not sure I understand the difference.

10:50…Van Berg not happy with the status quo. He needs horses, and he should tell the chairwoman that Alysheba isn’t dead (unless she knows something we don’t…thanks for the comment and the heads up Alicia)

10:53…Randy Moss is g-oo-oo-oo-d. He should be on TV, he is so Randy. Great inflections and solid commentary. He talks about how U.S. racing’s emphasis on drugs has hurt the sport, then slowly says: “This…must…change.”

Moss for racing commissioner. Seriously.

10:56…Arthur Hancock has a tough act to follow, but his folksy Kentucky accent should go over well. “No one’s in charge,” said Arthur. We’ve heard this over and over, and it’s been Arthur’s mantra for many years. Will this change things? “Chemical horses make chemical babies,” he said, discussing drugs. Great story about the cat and mice. Finishes on a nice touch, quoting Winston Churchill with a twang.

11:03…Jess Jackson trumps Arthur Hancock! “I’m an eighth-generation horseman,” he proclaims. Arthur, the poor sap, is only a fourth generation horseman. And Jackson said he saw Seabiscuit…the horse…not the movie! I heard the movie was better than the horse. But the book was better than both. But seriously. Drugs? “Ban them,” he says. Jackson also wants more disciplinary measures taken against veterinarians. David Foley, executive director of the American Association of Equine Practitioners looks sternly in Jackson’s direction and whispers something to veterinarian Wayne McIlwraith, who speaks on the second panel. Jackson wants a national owner’s organization and said two words should be changed in the Interstate Horseracing Act to accommodate a national owners’ organization to negotiate with the tracks. I’m afraid Jackson is going to get the gong from the chair if he doesn’t wrap it up.

11:10…Question time from the chair. Do you believe in a national body? Yes or no? All say yes (but Marzelli says “industry” not “government”). Mixed responses about the federal government regulating drugs: Marzelli was a clear “no,” but the others say yes, some with conditions. Should all drugs be eliminated? Yes, all around. This should be easy, then, right? She’s onto Marzelli’s confidence about swiftly changing the drug rules nationally. Why? “I’m an optimist at heart,” Marzelli said. “We certainly make it difficult on ourselves.” Now he is patting himself on the back about creating Equibase…there’s a smokescreen if I ever saw one to avoid a very good question.

11:16…Whitfield aims at Marzelli, too, about the powerless of the Jockey Club to get its recommendations adopted. “What power do you have?” he asked. “We have the power of persuasion and consensus building,” Marzelli said, in a very low tone. “I would like to see the industry regulate itself.”

11:23…”The Jockey Club is a fiefdom!” Jackson says in response to a comment from Marzelli. Much laughter from the audience. Congress wants to enforce rules against inbreeding or wants the Jockey Club to do that? Marzelli is against these “selective and arbitrary measures.”

11:28…”The army needs a general,” Hancock says, in reference to a change in the Interstate Horseracing Act putting owners in charge of simulcast contracts.

11:30…Voting break.

What he would have said. Dutrow’s written testimony:

When I was contacted by one of your staffers and asked to speak here today I agreed because I wanted to share my insights and points of view on some of these issues and I hope that I can be helpful here.

I also hope that I was not asked to be here because of some of the problems I have had in the past. I hope your staff people were sincere in inviting me because they valued my insight. I want to be part of the solution and not part of the problem.

I also ask for your patience today. I’m not always the best at explaining things. I’ve been taking care of horses all my life. I dropped out of high school more than 30 years ago to take care of horses and sometimes I think I do better with horses than with people.

As you may know, I am the trainer for Big Brown, the very talented horse who won the Kentucky Derby and the Preakness this year. Despite my best efforts and those of the team of people around him, he did not win the Belmont Stakes but that’s horseracing. Big Brown is healthy and our plan right now is to keep him racing this summer and fall.

In addition to Big Brown, I am responsible for approximately 150 horses at any one time – 110 in active training and 40-50 at various farms getting ready to race. My operation has about 75 people, including grooms, stable hands, exercise riders, blacksmiths and vets, who care for our horse on a daily basis.

While some people’s focus is on the big days, we care about our horses and keeping them safe 365 days a year. Taking care of horses is a way of life for us. Our horses get the best care we can give them. They are gifted athletes and are trained to give their best performance when they run.

During the Triple Crown, I was asked several questions about my past and I expect those will come up today so let me address them.

My barn has been penalized in the past for medication violations. I was suspended and fined five years ago when traces of a prohibited substance, mepivicaine, turned up in a test for one of my horses. I said then that we don’t use it and I don’t know how it happened.

We have also had violations when legal, permitted, therapeutic medications have shown up in race day tests because they were given to the horse too close to the race. That’s something that many trainers in the country have had to deal with. But I take responsibility for the condition of my horses.

During the Triple Crown I told the media that my horses are given Winstrol on the 15th of each month. This is an FDA approved medication and is within the current rules of racing in most states. It is something we started a few years ago at the recommendation of one of our vets.

People have asked me why I do it. My observation is that it helps the horses eat better. Their coats brighten. They’re more alert. It helps them train. Having said that, our barn has won hundreds of races with horses that weren’t on steroids. Earlier this winter, I won two one million dollar races in Dubai, where steroids are prohibited. If steroids are banned in the United States, we’ll stop using them.

I also said that I’m not qualified to speak to the science of it. For that, I would suggest that you talk to the vets and scientific experts.

Thank you.

12:05…During the break, Congressman Whitfield’s wife, Connie, has subcommittee staff counsel Fjeld cornered. She, of course, is the vice chair of the Kentucky Horse Racing Authority accused recently by Kentucky State Sen. Damon Thayer of having a conflict of interest.

Interesting observation about the first panel from a Washington insider: “Well, they got that one set up just like they wanted.” In other words, the subcommittee is pushing for national oversight, and with the exception of Marzelli, all the witnesses said some form of national oversight is necessary.

12:25…Having some technical issues (hey, the Internet’s still new, right?).
During some lively (?) questioning from the chair, Arthur Hancock says the veterinarians are getting rich giving all those drugs to horses. Bet Arthur wishes he would have studied harder at Vanderbilt and gone to vet school. Foley and McIlwraith of the AAEP simultaneously lean forward with increased interest.

Moss makes a good comment in response to a question from Whitfield about why people don’t want a national authority. “Fear,” Moss says, “fear of lack of control.”

Van Berg sounds bitter talking about these “young guys” who come onto the racetrack and want to win and will do anything to win. “The veterinarians are mostly training the horses now,” he says. “If you don’t know what’s wrong with the horse yourself, you shouldn’t have a trainer’s license.”

12:36…Hancock was asked why the various organizations can’t work together, and whether any one organization is worse than others. He said no one was worse than others. “Ego has a lot to do with it,” Hancock said. “They all envision themselves as the saviors of racing. They have their own CEO. It’s some good people trying to pull a wagon, but they’re all pullin’ in different directions.

12:43…Whitfield asks Marzelli if the Jockey Club gives money to organizations that rescue or retrain Thoroughbreds for careers after racing. Like a good politician, Marzelli avoids the direct question, talking about the Jockey Club Foundation for human charities and the Grayson-Jockey Club Research Foundation that funds research on horse health issues. Whitfield repeats the question. Marzelli responds: “We believe every owner is responsible for their horse.” In other words, the Jockey Club does not support horse rescue/retraining operations. At least the Jockey Club is opposed to slaughtering horses, according to Marzelli…and probably babies, too.

12:48…Second panel, mostly veterinarians reviewing research, so for the next 45 minutes or so I’m going to do all I can to stay awakezzzzzzzzzzzzzzzzzzz.

12:54….Rep. Pitts of Pennsylvania stifles a series of yawns during Dr. Stover’s testimony reviewing statistics on fatalities at California racetracks over the past 25 years. Whitfield learns forward and does that squinty thing with his eyes, suggesting he is trying very hard to understand all this data flowing his way. Nowhere near the fireworks of panel one. But wait till Alex Waldrop is up and the subcommittee members turn on him.

1:00…Wayne McIlwraith takes the mike. He is one of the best veterinarians in the business and has probably presented research thousands of times during his distinguished career. If every practitioner at the racetrack had his ethics and knowledge, we wouldn’t be in such a mess.

Incidentally, for those who want to read the testimony of the veterinary panel and the previous panel, their written statements will be posted on the subcommittee’s web site later today: http://energycommerce.house.gov/Subcommittees/ctcp.shtml

1:10…Dr. Mary Scollay is reading too fast for me to comprehend at this stage, but I think she must have had some Jockey Club Kool-Aid during the break. She said “Jockey Club” a whole lotta times during her review of the research she’s been involved with.

1:12….Allie Conrad has a lot of passion for what she does at CANTER Mid Atlantic, and the subcommittee members seem to paying far more attention to her than to the previous veterinary presenters. Perhaps it’s because she is talking in layman’s terms, or maybe because she is “on message” with what the subcommittee wants to hear. In talking about some of the horses she ends up with at CANTER, she said: “These horses weren’t injured from a freak accident or a tragic misstep. They were injured over time with the assistance of trainers, owners, and veterinarians — all who shoud have put the horse’s welfare as a higher priority. … Racing is not bothering to take care of its own horses, and are allowing the public — often not even racing fans — to take care of the problems.” Powerful stuff and effective with the committee members, I’ll bet.

1:18…Here comes who I bet will be the day’s whipping boy, NTRA’s Alex Waldrop, who proudly said his organization is a “consensus builder.” Alex sounds defensive already, like he knows what’s coming during the Q&A session later. Maybe he can be saved by the bell (when the members have to go vote.)

1:21…Waldrop is almost shouting now. “This industry is no longer a rudderless ship.” Take that Arthur Hancock! “The last thing this industry needs is yet another layer of regulation.”

1:26…Brief question session because of an upcoming vote. Whitfield doesn’t ask a question of Waldrop but makes a statement to him: “I don’t think it’s unreasonable for the government to set minimum standards. I think the first panel displayed very clearly that there are serious problems within the industry.”

1:30…Who’s to blame, one Congressman asks, for the drug problems in racing? The consensus answer from the panel: “everyone.”

1:32…Hearing adjourned abruptly for a vote. Alex Waldrop walks away and mutters, “Saved by the bell.” Wonder if he’s been reading my blog?

Line of the day from Jack Van Berg when asked what it’s like to train horses today: “It’s chemical warfare out there?”

That is all for now….

Copyright ©2008, The Paulick Report

Will they or won’t they?

That’s the big question I have about a group of U.S. Congressmen who have nothing else to do (health care, foreclosure crisis, soaring gas prices, Iraq war?) but put the horse racing industry in the crosshairs during a hearing on Capitol Hill Thursday entitled “Breeding Drugs and Breakdowns: The State of Thoroughbred Horseracing and the Welfare of the Thoroughbred.”

The Paulick Report will attend the hearing and “live blog” the event, which begins at 10 a.m. EDT.

Will the U.S. House of Representatives’ subcommittee on commerce trade and consumer protection recommend federal intervention in the form of national oversight or national horse racing authority of some type? Led by Arizona senator and current presidential candidate John McCain, Congress took on boxing in 1996 and created the Professional Boxing Safety Act when it determined that the individual state commissions regulating the sport were not acting in the best interests of the fighters to protect their safety and financial well being. They amended that act four years later with the Muhammad Ali Boxing Reform Act.

Cleaning up boxing wasn’t easy, nor have the federal reforms been wholly effective. Additional hearings on the sport have been held by the same subcommittee that is looking into racing, but there continue to be problems with enforcement of the federal boxing laws.

There is a precedent and a similarity between the two sports. Boxing and horse racing in this country are both regulated by state commissions, many of them with distinct rules and regulations. Both sports can occasionally be brutal, tragic and scandalous. Both boxing and racing have participants who can be exploited and whose health and welfare have been called into question by a sizable percentage of the public.

The federal government does regulate gambling on horse racing with the Wire Act and Interstate Horse Racing Act, but it does not delve into issues of the health, welfare and safety of its human or equine participants — at least not yet.

This same subcommittee of the House’s committee on energy and commerce has called in racing participants to testify on previous occasions: first, when the Jockeys’ Guild was being run amok by its leaders, and riders had limited catastrophic injury insurance; and second, earlier this year, when the use of anabolic steroids in several sports were questioned.

Based on who is providing testimony on Thursday, you can be assured that racing will come off as a divided industry, and one that is not able to make across-the-board reforms because of the multitude of state regulatory bodies. Another recurring theme you can expect is that the National Thoroughbred Racing Association and its president, Alex Waldrop, cannot speak on behalf of the industry in the same fashion that the commissioners of the National Basketball Association, National Football League and other major league sports do. In fact, according to sources, the NTRA had to fight with the subcommittee’s ranking Republican, Ed Whitfield of Kentucky, to even get Waldrop onto the witness list. Apparently, Whitfield and others were not happy with some backtracking Waldrop did after testifying to Congress about medication rules in February when he made comments that a number of NTRA members privately told him later they would not support.

The hearings have been called because Whitfield, more than anyone else in Congress, has been convinced by his wife, Connie (a member of the Kentucky Horse Racing Authority), among others, that racing has a drug problem that may take federal intervention to resolve. Whitfield’s poster child is Eight Belles, who died a tragic death after running a gallant second in the Kentucky Derby. Eight Belles did not race on steroids and was trained by Larry Jones, someone with a squeaky-clean reputation on medication use.

This showdown at Gucci Gulch will be an interesting display. During the first and more lively panel, horsemen Arthur Hancock, Jess Jackson and Jack Van Berg can be expected to say that the industry is badly in need of reform and isn’t doing enough to protect horses and people from “drugs and thugs.” Others, like California Horse Racing Board chairman Richard Shapiro and Jockey Club president Allen Marzelli, will point to changes they are trying to enact. The Jockey Club made a preemptive strike Tuesday by announcing its recommendations to ban steroids and toe grabs on racing plates and regulate whips.

Congressmen will pointedly ask what authority the Jockey Club or the California board has to enact the recommended changes in all racing states. Rick Dutrow, who trained Big Brown with permitted steroids to win the Kentucky Derby and has a long list of medication violations, is scheduled to be the closing act to the first panel and is the wild card in that group. Dutrow might say anything, although he has been coached by a p.r. adviser to defer as many questions as possible to others (and to not call any of the Congressmen “babe,” as he is wont to do with most people).

During the second panel, a number of veterinarians will send House members scrambling for NoDoz pills with statistical analysis of racing injuries and tedious descriptions of new surgical procedures. The two-act play will come to a resounding crescendo if Waldrop is brought in last, allowing Whitfield and others to make him horse racing’s whipping boy.

Powerful Thoroughbred people are betting their bottom dollar that no significant action will follow in Congress, and that the industry will be able to hide under the skirts of its longtime ally in Washington, Republican Sen. Mitch McConnell.

Depending on what happens in November’s election, however, McConnell may not have enough control to derail federal action. Thursday’s hearing may be just the tip of the iceberg.

By Ray Paulick