Thursday, 01 September 2022 11:43

Final Weekend of Racing at the Spa - Jockey Controversey

By William G. Gotimer, Jr. | Winner's Circle
Drafted racing at Belmont. Photo by Joe Labozzetta, courtesy of NYRA. Drafted racing at Belmont. Photo by Joe Labozzetta, courtesy of NYRA.

After a stellar Travers weekend which saw Epicenter cement his claim as the best three-year-old thoroughbred in the country, Saratoga Race Course wraps up a spectacular season over the Labor Day weekend.

Epicenter dominated a strong field under perfect weather conditions to the delight of racing fans and favorite players alike in an impressive performance. The winning time of 2:02.4 was among the fastest Travers in history and the ease with which he won left little doubt as to who was best. 

The crowd of almost 50,000 fans was treated to good racing, good weather and good company throughout the marathon 13 race card and the celebration continued in the surrounding bars and restaurants as a satisfied crowd lingered in the Mediterranean-like evening air.

The Travers’ undercard was competitive and saw the upset of heavy favorite Jackie’s Warrior in the Forego, while the favorite in the Allen Jerkens – Jack Christopher prevailed. 

The week was not controversy-free, however,  as an unusual purse disqualification occurred in the Forego Stakes when Luis Rodriguez Castro rider of the fifth-place finisher - Drafted – was cited for excessive use of the whip and both the rider and owners were sanctioned under the newly effective Horseracing Integrity and Safety Act (“HISA”) rules.

The full forfeiture of the purse money of $26,000 was seen by many as too punitive but the number of strikes by the rider as well as the potential penalties are delineated under the rules which now regulate horse racing tracks that export their races across state lines for betting purposes. The hybrid sanctions of both jockeys and owners without affecting the order of finish for wagering purposes is unusual and only required when a rider commits a serious infraction – in this case use of the whip ten times or more.

It may seem counterintuitive, but, when HISA rules were developed the riders sought to have the owners of affected horses lose the purse in certain instances as riders feared pressure from owners to violate the rules in races where the purses were high if sanctions were to apply only to riders.

The promulgation and initial implementation of the new nation-wide rules were mostly ignored by industry participants and fans alike, but this incident brought them into national focus with varying degrees of frustration and anger towards this result. It remains to be seen whether this type of purse forfeiture will become common or whether the rules will be changed or fully abided by in the future. 

While the main goal of HISA was to seek national uniformity and enforcement of medication violations (which will not be implemented until next year), the now effective whip rules are meant to address animal welfare issues.  Most in the industry believe the new whip rules are neither effective nor necessary, as there are more serious issues that need to be addressed, however, the presence of animal rights protestors outside the front gate of Saratoga Race Course front on big race days, including the Travers, indicates the general public has numerous animal welfare concerns. 

Debate about legal action regarding purse forfeitures such as the one that occurred in the Forego Stakes last weekend has been robust but it appears that the amount in controversy of $26,000 would make legal action cost prohibitive in this instance.

In a semi-related matter, the only named plaintiff in a federal lawsuit challenging the constitutionality of the HISA regulatory scheme – jockey Gerard Melancon – was arrested in Louisiana this week on a criminal charge of “unnatural stimulation of horses.” The violation of the unfortunately-named statute is reported to be for the alleged use or possession of an electrical device, or “joint” as it is known in the industry. Melancon, the winner of more than 5,000 races in a long controversial career alleged in his lawsuit seeking to invalidate HISA that HISA “jeopardizes jockeys’ ability to competitively ride racehorses.” He was released on $20,000 bail and has refused to comment on the allegations other than to say he will be vindicated.

Looking forward to the closing weekend at Saratoga stakes races complete the season with the Jockey Club Gold Cup for older horses run on Saturday, September 3, the Spinaway for two-year-old fillies on Sunday, September 4 and the closing day feature for two-year male runners on Labor Day September 5. (Friday, September 2 is the final fan give away as mini Saratoga Umbrellas will be given to fans while supplies last and Sunday, September 4 will feature former new York Yankee star Bernie Williams meeting fans and signing autographs.)

The current meet is expected to break both attendance and mutuel handle records by the conclusion of the meet. 

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