Thoroughbred Daily News

The United States Court of Appeals for the Sixth Circuit ruled Thursday that it will not grant a full-court rehearing to the losing plaintiffs who contested a three-judge panel's Mar. 3 decision to uphold the constitutionality of the Horse Racing Integrity and Safety Act (HISA).

The case is one of five anti-HISA constitutionality lawsuits currently active in the federal court system. Led by the states of Oklahoma, West Virginia and Louisiana, the plaintiffs collectively petitioned Apr. 17 for a rarely granted “en banc” procedure that asked for a rehearing before all 28 of the Sixth Circuit's judges instead of just the panel of three who had ruled that a change of language in the HISA law was sufficient to alleviate the plaintiffs' concerns over constitutionality.

“The court received a petition for rehearing en banc. The original panel has reviewed the petition for rehearing and concludes that the issues raised in the petition were fully considered upon the original submission and decision of the case. The petition then was circulated to the full court. No judge has requested a vote on the suggestion for rehearing en banc. Therefore, the petition is denied,” the May 18 order stated in its entirety.

A United States Court of Appeals explanatory page about how en banc requests work stated that the granting of that type of rehearing was “rare” at the federal level. The Sixth Circuit took on only seven en banc hearings between January 2018 and September 2021, according to the University of Cincinnati Law Review.

Beyond the above-mentioned states, the plaintiffs include the racing commissions from Oklahoma and West Virginia, plus three Oklahoma tracks (Remington Park, Will Rogers Downs and Fair Meadows), the Oklahoma Quarter Horse Association, the U.S. Trotting Association, and Hanover Shoe Farms, a Pennsylvania Standardbred breeding entity.

The defendants are the United States of America, the HISA Authority, and six individuals acting in their official capacities for the Federal Trade Commission (FTC).

The underlying lawsuit dates to Apr. 26, 2021, when the plaintiffs sued, alleging that “HISA gives a private corporation broad regulatory authority.”

On June 2, 2022, that claim was dismissed by a judge in U.S. District Court, Eastern District of Kentucky (Lexington) for failure to state a claim of action. The plaintiffs then appealed to the U.S. Sixth Circuit.

In between the filing of that appeal and the Sixth Circuit's decision on it, an updated version of HISA was passed into law Dec. 29, 2022, with the aim of fixing constitutional flaws that a separate Fifth Circuit appeal had identified.

The Mar. 3 order by the Sixth Circuit affirmed the constitutionality of the amended HISA law. On remand from the Fifth Circuit, a United States District Court judge in Texas did the same thing May 4.

In its Apr. 17 rehearing petition, the plaintiffs had stated that parts of the panel's decision were “erroneous, and this Court should rehear the case en banc in order to resolve those questions of exceptional importance.”

Thursday's ruling by the Sixth Circuit disagreed.

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Tom Durkin will return to the announcers booth to call the Belmont Stakes Presented by NYRA Bets on Saturday, June 10, according to a press release from FOX Sports.

In addition to calling the Belmont Stakes, Durkin will announce all races aired during the network's Belmont Stakes Day coverage on FOX–scheduled for 4:00-7:30 p.m. Eastern. FOX Sports presents the Belmont Stakes for the first time in 2023 as part of the agreement establishing the network as the home of the Belmont Stakes Racing Festival through 2030.

“This is yet another example of FOX' commitment to producing a dynamic broadcast of the Belmont Stakes presented by NYRA Bets,” said NYRA Chief Revenue Officer Tony Allevato. “Tom Durkin's calls are synonymous with the very biggest moments in the sport, and his return to the announcer's booth will be a thrill for sports fans around the country.”

One of the most respected announcers in the sport, Durkin called some 80,000 races during his storied 43-year career, the last 24 years of which he spent as the NYRA announcer before his retirement in 2014.

“The Belmont Stakes has been an iconic part of sports culture for more than 150 years, “said Durkin. “There is nothing like the energy and enthusiasm around Belmont Park with a Triple Crown on the line. It is the apotheosis of excitement.”

“We are honored to have the legendary Tom Durkin return for the Belmont Stakes this year,” said FOX Sports President of Production/Operations and Executive Producer Brad Zager. “When it became official that an iconic piece of the historic Triple Crown would air on FOX, we knew it could only be complete with Tom's voice as the soundtrack.”

Born in Chicago, Durkin studied theatre at St. Norbert College and began calling races at county fairs in Wisconsin in the summer of 1971. In 1975, he moved on to announce at a string of small Midwestern tracks, before landing the job at famed Hialeah Race Course in 1981. Three years later, Durkin became the announcer for the Breeders' Cup, a position he held until 2005, and gained further prominence calling the Triple Crown for a decade beginning in 2001.

“The stretch duel of the 1998 Belmont Stakes remains the most thrilling race I have ever had the privilege to call,” added Durkin. “Those are the kinds of races and individual moments that stay with us forever, and I can't wait to give it another go come June 10.” Victory Gallop got up for a narrow victory to deny Real Quiet the Triple Crown, with Durkin saying, “A picture is worth a thousand words. This photo is worth five million dollars,” referring to what would have been Real Quiet's bonus payout for winning the Triple Crown.

Just prior to his retirement, The New York Times referred to Durkin as “the man widely considered the greatest race caller in the history of thoroughbred racing.” In 2015, Durkin was honored with the Eclipse Award of Merit for a lifetime of outstanding achievement in the sport of thoroughbred racing.

This year's Belmont marks the 50th anniversary of Secretariat's Triple Crown and his track-record setting performance in the Belmont, which he won by 31 lengths.

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Pimlico, the home of a Triple Crown race, is rundown and needs to be torn down and rebuilt. Its sister track, Laurel isn't in much better shape. To have two tracks in such condition does not make for a sustainable model for the future of Maryland racing, a problem that track owners and politicians have been trying solve for more than a decade.

But the latest round of give-and-take appears to have yielded a solution. Money once earmarked for a rebuild of both Pimlico and Laurel is expected to be used solely to rebuild Pimlico and to create a racing facility worthy of hosting the middle jewel of the Triple Crown. But there won't be any money left over for Laurel, which likely means the track is nearing the finish line.

The scenario has shifted dramatically since 2019 when the Stronach Group, which operates both Maryland tracks, was hoping to rebuild Laurel and close Pimlico. That would have meant moving the GI Preakness S. to Laurel. That led to the city of Baltimore filing suit against the Stronach Group trying to block them from closing Pimlico.

Under political pressure to keep Pimlico open, track ownership pivoted and along with horseman, breeders, political leaders and others, got behind a new plan. In May of 2020, The Racing and Community Development Act (RCDA) of 2020 was signed into law by then Governor Larry Hogan and on the surface, it seemed to be the answer to all of Maryland's problems. The legislation called for the Maryland Stadium Authority to issue up to $375 million in bonds that were earmarked to pay for a rebuild of both tracks. The Preakness was going to stay in Baltimore, Pimlico was not going to close and the Stronach Group would be able to go forward with its plans to have a new and improved Laurel as the centerpiece of the Maryland racing circuit.

“This is a very important day in the future of Maryland racing,” Alan Foreman, general counsel for the Maryland Thoroughbred Horsemen's Association, said when the legislation was signed into law.

And then the world shut down.

Within weeks of the RCDA being signed, COVID-19 was in full throttle and that meant that nothing was going to happen anytime soon when it came to building new racetracks in the state.

It's been a bit more than three years since the RCDA legislation was approved and the pandemic is a thing of the past. But, when it comes to Pimlico and Laurel, time has stood still. Untouched, they remain in the same poor condition that they were in 2020. No shovels have hit the ground and not a penny of government money has been spent to improve either track.

The problem is that the bill that was signed in 2020 is no longer a viable solution in 2023. Three years later, the $375 million originally budgeted to rebuild both tracks is not nearly enough to pay for the projects. By some estimates, due to inflation, the cost to rebuild both tracks has doubled. Additionally, rising interest rates have led to the bonds being worth less.

“Almost to the day that the RCDA was signed by governor the world shut down and COVID hit,” said Alan Rifkin, an attorney who represents the Stronach Group in Maryland. “Nothing was happening. When the world re-opened, interest rates and inflation went through the roof. The inflationary spiral was so substantial that things like lumber, concrete and steel cost 20 to 30% more right after COVID than they had been previously. The other problem is that the $375 million we estimated would only produce today about $220 million in proceeds. As you pay more in interest to bond holders, there's less in the proceeds after interest payments are made. From the interest rate spiral and the inflationary spiral, that has meant that there is not enough money to do both Laurel and Pimlico. No matter how much you stretch the blanket, the blanket cannot cover the entire bed. That is the problem.”

But there should be enough money to rebuild one of the tracks, and everything points to that being Pimlico and not Laurel. Pimlico will be spared because that is what the city and the state politicians want, since a new track and a Triple Crown race remains a big part of the fabric of Baltimore. And its apparent that without the blessing of political leaders in the state there is no way that the money needed to rebuild one track or the other would be made available to the Stronach Group.

“The legislature and the Governor's office, the powers that be, have directed the parties to prioritize Pimlico,” Rifkin said. “We understand that there is not enough money to do both capital projects.  The policy makers have instructed all of us in the industry working on this to prioritize Pimlico. We know that as a fact.”

“If there is going to be any redevelopment of the racetracks in Maryland, Pimlico has to be locked into that,” Foreman said. “That's because of the Preakness and because of the importance of the racetrack to the city of Baltimore. They are inextricably linked.”

Closing Laurel would solve some problems, but also create some others, namely what to do with all the horses stabled there. The Pimlico backstretch is not big enough to handle the state's horse population. A new training center that could accommodate as many as 1,000 horses would need to be built. Rifkin said that keeping Laurel open as a training facility is not likely to happen.

Mage | Jim McCue

Another issue may be the vision the Stronach Group has for a Maryland racing circuit with just one track. Rifkin maintains that the current structure, which includes year-round racing, is not economically viable. Not only does he want to see just one track, he wants to see a shorter racing season. That is something that could lead to a contentious relationship with horsemen.

“I don't think it should come as a surprise to anyone that operating two racing facilities 20 miles apart from one another is not conducive to profitability or, for that matter, sustainability under the current circumstances,” he said. “That is why we continue to raise the question of industry-wide restructuring in an effort to right size the number of facilities and right size the number of racing days in order to best ensure a viable, sustainable and profitable racing industry for years to come.”

Those are problems for another day. The emphasis now is on hitting the reset button on a project that would give Maryland racing a quality, modern facility that works for such a big event as the Preakness. With there still being a number of issues that have to be resolved before construction can begin on a new track, it's not clear what the timeline might be.

“There have been so many estimates so far as when a new Pimlico would be up and running,” Foreman said. “There was a time that people were estimating it would be ready for this year's Preakness. And as you know, the wrecking ball hasn't hit the grandstand yet. During construction Laurel will have to be operating during the time it will takes to construct a new Pimlico. I don't think the wrecking ball will hit Pimlico until a plan has been established for the racing industry in terms of year-round racing. That means that a training center site will have to be identified and plans for it will have to be developed. It's conceivable that construction could start after the Preakness next year, but a lot of work will have to be done between now and then to accommodate that happening.”

No matter when it happens, the future of Maryland racing is set to look nothing like the present. Pimlico is the more celebrated of the two tracks because it is the home of the Preakness, but Laurel has quite a history of its own. It opened on Oct. 2, 1911. In 1952, they ran the first ever Washington D.C. International, the first U.S. race that sought horses from overseas and it soon became one of the biggest events on the calendar. In 1984, the track was sold to Frank J. De Francis and his partners, Robert and John “Tommy” Manfuso, who brought several innovative improvements to Laurel.

But progress needs to be made in Maryland and most agree that the only way that will happen is if Laurel is razed and that a new Pimlico becomes the centerpiece of the future of Maryland racing.

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Onward to Baltimore! Here are the GI Preakness S. entrants listed in “likeliest winner” order.

1) Mage
GI Kentucky Derby winner Mage won't be a heavy favorite on Saturday. In fact, he projects as the possible second choice in the betting based on the “fresh competition” angle in a Preakness that will feature no other starters who ran in the 18-horse Derby.

Pari-mutuel value notwithstanding, a Preakness victory is within the grasp of this white-blazed, chestnut son of Good Magic ($235,000 KEESEP; $290,000 EASMAY). He's a lighter-framed colt who might not have taken the pounding that a bigger runner would have in a demanding race like the Derby. And in the eight-horse Preakness, he figures to be more in touch with the pace, and will likely not have to give up as much real estate (four wide on the far turn before floating to the eight path) as he did in the Derby.

We've now seen Mage uncork two consecutive, sustained, late-race bids against Grade I competition. One was a slightly premature move in the GI Curlin Florida Derby that catapulted him to the lead, only to be reeled in by the vastly more experienced divisional champ Forte (Violence). The other was a more measured move under Javier Castellano in the Kentucky Derby in which Mage went from 11th to second between the five-sixteenths and the three-sixteenths poles before zeroing in on a tiring (but not quitting) leader while being kept to task under hand-hustling though the final furlong and a half.

Mage's 105 Beyer Speed Figure stands out as at least seven points better than any number his rivals have run so far, but it remains to be seen whether that rating holds up. It was 11 points higher than Mage's previous best, and to fully embrace it, you have to have faith that the 2-3-4 finishers in the Derby also realistically upped their Beyers by 4-10-10 points.

2) National Treasure
The draw of post one, the addition of blinkers, and the continued partnership with one of the game's premier front-end riders all point to John Velazquez seeking the lead in the Preakness with National Treasure.

This $500,000 FTSAUG son of Quality Road sports a past-performance block anchored by mid-90s Beyers and company lines featuring heavy divisional hitters. But there are also some gaps in his training, most notably time missed in early March because of a quarter crack that caused this colt to pass on an expected start in the GII San Felipe S.

Although he wasn't finishing with the authority of the top trio in the GI Runhappy Santa Anita Derby, National Treasure's fourth-place effort there can serve as a useful bridge to a better effort at 1 3/16 miles considering the nine-furlong try was his first race in three months.

Trainer Bob Baffert has saddled seven Preakness winners. Five of them were Kentucky Derby winners. The two who weren't both were beaten Derby favorites: Point Given (2001) and Lookin At Lucky (2010).

National Treasure | Jim McCue

3) First Mission
This Godolphin homebred by Street Sense debuted too late to make a run at Derby qualifying points, so after breaking his maiden at Fair Grounds in start number two on Mar. 18, his connections opted for the 1 1/16-miles GIII Stonestreet Lexington S. at Keeneland.

First Mission went off favored at 2-1, rolling out of the gate alertly, then conceding the lead while attaining inside position. He started to inch up 4 1/2 furlongs out over a short-stretch configuration, then reeled in an opening-up pacemaker who twice put him in tight at the fence through the stretch.

First Mission prevailed by half a length (98 Beyer), but it was the visual appeal of how he refused to be by intimidated by the more experienced Arabian Lion (Justify) that contributed to this colt being bet down to the 6-1 second choice in the Preakness future wager.

On Saturday you can get a better read on the Lexington S. by seeing how 2-5 morning line fave Arabian Lion runs in Pimlico's fourth race, the $100,000 Sir Barton S.

4) Perform
Perform required six starts to break his maiden, but since tasked with two turns for the first time, he's 2-for-2. This $230,000 KEESEP colt by Good Magic has also tangled with Mage once before, having run fourth, beaten 5 1/2 lengths by the eventual Derby winner, when that colt broke his maiden at Gulfstream back on Jan. 28.

Perform broke through with his first victory on the GIII Tampa Bay Derby undercard over one mile 40 yards, and both the second- and fifth-place finishers from that race came back to graduate in their next starts.

Let go at 10-1 odds in the $125,000 Federico Tesio S., Perform dropped out to last and looked unlikely to even hit the board on the far turn, lingering near last after a dueling duo had set a tepid pace and opened up by five turning for home.

Weaving through the pack, jockey Feargal Lynch switched Perform off heels of tiring rivals not once, but three times through the Laurel homestretch, at the three-sixteenth pole, the eighth pole, and again in the run up to the wire. The result was a head victory, and although the 85 Beyer came back a little light, this could be an example of “how he did it” resonating more than “how fast” in terms of overall impression.

“I hope we're finishing with Mage and can outkick him,” said Hall-of-Fame trainer Shug McGaughey. “But I think that just the two turns on the dirt, the distance, the mile and three-sixteenths, the timing is pretty good. We've got plenty of time in between races. He had a good work here last Sunday with Lynch on him, and that's what made up my mind that, along with his owners, to say, 'Let's give it a chance.'”

Red Route One | Jim McCue

5) Red Route One
Red Route One has stamped himself as a capable one-run closer from far back. That means he's going to be picking off horses late, but how many runners he passes in the stretch is largely going to be at the mercy of the pace. The faster they go up front, the better the finish for this Winchell Thoroughbreds homebred.

By Gun Runner out of a Tapit mare (same cross as stablemate and 'TDN Rising Star' Disarm, who was fourth in the Derby), the potential for later development has always figured in Red Route One's progress. Recall that his sire ran third in the 2016 Derby, finished on the board in a series of graded stakes into the summer and fall, but didn't truly burst onto the scene until after the Breeders' Cup, when he won the GI Clark H., and then seven of his eight final races against top-class competition.

Red Route One has run respectably over firm and good turf, plus sloppy and fast dirt, so he handles various types of footing quite well. He went 7 1/2 months between his first and second lifetime victories, but closed with abandon to score in the $200,000 Bath House Row S. at Oaklawn, which was the Plan B option after failing to make the qualifying points cut for the Derby.

6) Blazing Sevens
Blazing Sevens ($140,000 KEEJAN; $225,000 FTSAUG), the third son of Good Magic entered in this Preakness field of eight, is the real handicapping conundrum among the trio. He hasn't won since the Oct. 1 GI Champagne S., yet his last two efforts have a “can't be as bad as they look” vibe about them.

Through his first five career tries, Blazing Sevens won twice and was beaten by champ Forte the other three times. Racing for the first time since the Breeders' Cup in the GII Fountain of Youth S., this colt got pinballed early and was never a factor, finishing eighth while beaten 26 lengths.

Stretched to nine furlongs in the Apr. 8 GI Toyota Blue Grass S., Blazing Sevens ran a so-so third, with the impression of that result blunted by the arresting stretch battle of the two dominant horses who finished six lengths ahead of him.

Blazing Sevens qualified for the Derby based on points, but was withdrawn by trainer Chad Brown to instead aim for the Preakness. Those skip-the-Derby tactics worked well for Brown in 2017 and 2022, when he won Baltimore's big race after opting out of Louisville with Cloud Computing and Early Voting, respectively.

Bettors who had a nose for that trend sniffed out 21-1 odds in the Preakness future wager, which is significantly higher than the 6-1 morning line ranking for Blazing Sevens.

Blazing Sevens | Jim McCue

7) Chase the Chaos
Chase the Chaos (Astern {Aus}) started his career in Minnesota, winning at Canterbury on the grass before running credibly over Tapeta at Golden Gate Fields in early winter.

One of his two wins there, in the Feb. 11 El Camino Real Derby (lifetime best 82 Beyer), gave him an automatic berth into the Preakness. But this $10,000 KEENOV gelding has been seventh and eighth in two starts since then.

He was outgunned in his only lifetime try over fast dirt in the Mar. 4 GII San Felipe S. at Santa Anita, then was the beaten 5-2 fave when returning to Golden Gate for the Apr. 29 California Derby.

8) Coffeewithchris
The Preakness is always a little more interesting with a Maryland-bred long shot in the mix, and Coffeewithchris fits the bill as this year's local hopeful after having sold for $2,000 as an EASOCT yearling.

This gelding has been steadily competing in the series of sophomore stakes on the Maryland circuit, and he most recently raced to the front in the moderate-paced $125,000 Federico Tesio S., where he held well under pressure until upper stretch before regressing to fifth.

But they'll be going a bit quicker in the Preakness, and the 88-85-82 downward arc of the last three Beyers for Coffeewithchris doesn't bode well for his chances.

His sire, Ride on Curlin, finished second in the 2014 Preakness at 10-1 odds behind California Chrome. He competed in all three Triple Crown races (7th, 2nd, 11th), yet concluded his 22-race career never having won beyond six furlongs.

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The 2023 Claiming Crown will be staged for the first time since 2011 at the Fair Grounds Race Course & Slots in New Orleans on Saturday, Dec. 2, the National HBPA and the TOBA said in a joint release early on Thursday.

The event will feature eight races totaling $1 million in base purses, headlined by the $200,000 Claiming Crown Jewel.

Eric Hamelback, CEO of the National HBPA said, “The Claiming Crown was designed to celebrate our hard-knocking, unsung heroes of the turf. What better place–especially for our 25th running–than New Orleans?”

The deadline to make horses eligible for the Claiming Crown is November 18, with entries to be taken November 25. Click here for Eligibility Request Forms.

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After reviewing comments made on Twitter by FanDuel TV host Ken Rudulph, his employers have said that “Mr. Rudulph will not be appearing on FanDuel TV” pending a full investigation of the matter.

The news was first reported by the Paulick Report Wednesday night.

Monday, Rudulph Tweeted: “Horse racing needs to stop pretending and just be what it is. It's a great combo of WWE/reality TV/sports with a healthy dose of BS on the side. It's a great game. Cheating is part of it. Death is part of it. Losing is part of it. Winning makes it all worthwhile.”

The outcry over Rudulph's cavalier comments about equine deaths was immediate, and sustained, but Rudulph initially doubled down, at least on Monday.

When someone named Dj Big C Tweeted back, “The fact that people couldn't comprehend what you were saying says a lot about HRT.”

Replied Rudulph, “Oh they absolutely knew what I was saying. They also saw a reason to go “there”, so they went there. It's all part of the process. I expect it and I accept it.”

Tuesday, he deleted the Tweet and tried to walk it back. “Monday evening, I made a mistake and used a very poor choice of words to make what I hoped would be a compelling thought regarding horse racing. I apologize to my colleagues and the industry for my lack of proper forethought. I truly felt you all would have the open dialogue with me. I will find a better way in the future. At NO POINT am I advocating for or supporting horse fatalities. I don't even know how that became part of this. I'm trying to have a conversation about the issues in this industry, and how we deal with them on a daily basis. This confusion reminds me why we can't have these conversations. But I'm not going to stop trying.”

No it's pretty clear with this pic.twitter.com/4KeAHzJFZB

— Pacemakestherace (@WildWildgreen18) May 16, 2023

The apology didn't go down well with everyone.

“You didn't make a mistake,” Tweeted Diana Baker. “You told us what you really thought. It's infuriating and despicable. You should be fired and never work in this business again. NO horse death is acceptable. We all have to do better for the horses we rely upon. SHAME ON YOU.”

Writer Jay Hovdey called it “a deeply cynical take from someone who represents a pure gambling point of view.”

FanDuel appeared to agree. Wednesday, they wrote, “Recently, FanDuel TV host Ken Rudulph made disappointing comments online about the integrity of horse racing, as well as the safety and welfare of its participants. As the market leader in legal sports wagering, FanDuel takes the issues of sports integrity and track safety very seriously, and we disagree in the strongest terms with the sentiments expressed by Mr. Rudulph. Fanduel Strongly supports equine safety reforms, including our longstanding support of equine retirement and aftercare programs as well as organizations focused on the heath and safety of jockeys. We also work in close partnership with international and North American-based sports integrity monitoring agencies to identify any potentially illicit activity occurring within our racing or sportsbook platforms. Pending a full review of this matter, Mr. Rudulph will not be appearing on FanDuel TV.”

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It's been a quiet week on the Triple Crown front as all eight contenders continue to prepare for Saturday's $1.65 million GI Preakness S. at Pimlico. Following is a brief update on each as of Wednesday morning:

• GI Kentucky Derby winner and 8-5 Preakness favorite Mage (Good Magic) galloped 1 1/2 miles over the Pimlico surface and playfully reared as he exited the track. “He was showing off. He was showing off a little bit,” said Gustavo Delgado, Jr., the assistant and son of trainer Gustavo Delgado. “He was just feeling good.” He continued: “It was the same routine since we got here. He looked better, had more energy. He wanted to do more. His exercise rider–J.J. Delgado–said he's doing good.”
• 'TDN Rising Star' and GIII Lexington S. winner First Mission (Street Sense) had an easy gallop. “We had a great morning,” said trainer Brad Cox. “He galloped a little further today than yesterday but was every bit as good as yesterday.” The colt is tabbed at 5-2 on the morning line.
• National Treasure (Quality Road) had a “routine gallop,” per Jimmy Barnes, assistant to trainer Bob Baffert.
• 'TDN Rising Star' and GISW Blazing Sevens (Good Magic) galloped about 1 1/4 miles under exercise rider Peter Levia. “I think he is sitting on a big race,” said Jose Hernandez, assistant to Chad Brown. “I've got the same feeling with this one that I did with the others [winners Cloud Computing, 2017, and Early Voting, 2022]. This is a pretty nice horse to work with.”
• Red Route One (Gun Runner) arrived Tuesday afternoon. “He settled in nice, jogged a mile this morning on the track, and seemed to do everything right,” said Darren Fleming, assistant to Steve Asmussen. “Relaxing now.” He will paddock school Thursday.
• Perform (Good Magic) visited the Pimlico surface for the first time Wednesday morning. Just after he entered, a loose horse running the wrong direction passed close by. “It didn't really bother him, but he got buzzed pretty good,” said Anthony Hamilton, Shug McGaughey's assistant. “It was right as we got on the track. Obviously, it's not what you want, but [exercise rider] Noemi [Pauquet] did a great job. The horse was as professional as a horse could be in that situation. He is a feel-good horse and that woke him up a little bit. Then he went out and galloped a mile just like we wanted him to.” Perform was supplemented to the Preakness for a fee of $150,000.
• Chase the Chaos (Astern {Aus}) arrived from Northern California late Tuesday. “He traveled about 16 hours, but it looks like he handled it good,” said trainer Ed Moger, Jr. “He cleaned up his food and he was pretty happy this morning.”
• Local horse Coffeewithchris (Ride On Curlin) vanned to Pimlico from Laurel Park. “He's settled in. He's doing fine,” trainer John Salzman, Jr. said. “He's doing good. He's training perfectly. He's done everything I've asked of him. He's galloping, playing, and kicking, so at this point he's doing as good as he can do. If he goes forward a little bit I'm looking forward to him running a big race.”

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The Texas judge handling the National Horsemen's Benevolent and Protective Association (NHBPA) constitutionality lawsuit that is trying to halt the Horseracing Integrity and Safety Act (HISA) on Wednesday refused to grant an injunction that would delay the May 22 implementation of the Anti-Doping and Medication Control (ADMC) program.

In issuing his order, United States District Court Judge James Wesley Hendrix of the Northern District of Texas (Lubbock Division) pointed out that it is the second time in two weeks that he has informed the plaintiffs in a court order that they have not established a likelihood of success on the merits of their case.

The judge also stated in the May 17 order that the horsemen “misunderstand” the legal standards that apply to the granting of an injunction in this particular instance.

“The Court denies the motion for an injunction pending appeal,” Hendrix wrote. “As detailed in its 55-page Memorandum Opinion and Order [issued May 4], the plaintiffs have not established a likelihood of success on the merits. And even if their proposed standard applied, they have not made a substantial case on the merits given the congressional amendment in response to the Fifth Circuit's opinion…

“Because the plaintiffs have not established a right to an injunction pending appeal under either the correct standard or their preferred standard, the Court denies the motion,” Hendrix wrote.

“The plaintiffs misunderstand the correct standard for a district court considering a motion for injunction pending appeal,” Hendrix continued, adding at a later point, “The 'substantial case on the merits' standard does not apply to injunctions pending appeal.”

The planned appeal to the Fifth Circuit is the latest wrinkle in a lawsuit that has lingered in the courts for over two years.

On Mar. 15, 2021, the NHBPA and 12 of its affiliates sued personnel from the Federal Trade Commission (FTC) and the HISA Authority, seeking to keep HISA from being implemented. Judge Hendrix dismissed that suit on Mar. 31, 2022.

The NHBPA plaintiffs appealed, leading to a Fifth Circuit Court reversal on Nov. 18, 2022 that remanded the case back to Hendrix's court. In the interim, an amended version of HISA got signed into law on Dec. 29, 2022. That fix was designed to make HISA compliant with the constitutional defects the Fifth Circuit had identified.

On May 4, 2023, Hendrix validated the newer version of HISA as constitutional. One day later, the NHBPA informed him it is planning another appeal back to the Fifth Circuit, and it wanted the ADMC's rollout stopped while that process played out.

On May 8, Hendrix wrote that, “The Court previously denied injunctive relief, but the plaintiffs again request an injunction, arguing that they will be injured by the ADMC rule during the pendency of an expected appeal.”

Nine days later, on May 17, Hendrix handed down his decision denying that motion, noting that “the Court is not persuaded by these passing references to [cases that the NHBPA cited as precedents], especially when the plaintiffs have not identified any case in which a district court granted an injunction pending appeal after denying a motion for preliminary injunction (much less following a consolidated bench trial).”

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TIMONIUM, MD – Four juveniles shared the fastest furlong time of :10 flat, while a colt by Triple Crown winner Justify (hip 322) zipped a bullet quarter-mile in :21 2/5 during the second session of the under-tack show for the Fasig-Tipton Midlantic May 2-Year-Olds in Training Sale at the Maryland State Fairgrounds Wednesday.

The first of seven sets opened around 8 a.m. with a brisk tailwind–which prevailed throughout the day–and a bevy of :10 1/5 works before a colt by Bolt d'Oro (hip 287) became the first of the session to hit the :10 flat mark. The dark bay is out of stakes-placed Masasi (More Than Ready), a full-sister to multiple graded winner Custom for Carlos. He is consigned by Raul Reyes's Kings Equine, as agent for his breeder, Spendthrift Farm.

“We expected a professional work,” Reyes said. “We didn't know it was going to be :10 flat, but we knew he would work well.”

The colt RNA'd for $160,000 at last year's Keeneland September sale.

The very next horse to work, a filly by Take Charge Indy (hip 361), equaled the :10 flat time for De Meric Sales, agent. The bay, a full-sister to graded winner Take Charge Paula, was purchased by Tami Bobo and Fernando De Jesus's First Finds for $100,000 as a weanling at the 2021 Keeneland November sale.

The bullet furlong time was equaled again by back-to-back workers in the day's second set. First up, Golden Rock Thoroughbreds sent out a filly by Into Mischief (hip 328, video).

“She's a filly who has shown her quality throughout the whole process,” said Golden Rock's Keiber Rengifo. “From breaking her and seeing her every morning, we expected that she was going to be a really fast filly.”

The juvenile is out of Nefertiti (Speightstown) and is a full-sister to graded stakes winner Engage, who stood his first season at stud at nearby Northview Stallion Station in 2022. She was purchased by Marc Tacher's Elusive Thoroughbreds for $250,000 at last year's Keeneland September sale.

Wednesday's work was the filly's second appearance at an under-tack show this spring. She also worked in :10 flat when consigned by Top Line Sales at the Ocala Breeders' Sales Company's March Sale of 2-Year-Olds in Training, but did not go through the ring at that auction.

“She had a high hip number and was really late in the sale,” Rengifo said of the decision to scratch from the March sale. “She did a :10 flat with Top Line Sales, but we decided to scratch her and aim her for this dirt track. We expected way more from her on the synthetic, but she just didn't show a lot of speed. We thought we would bring her here to Maryland because it's a completely different surface. As a rider, I have a good opinion of this dirt track and I am a big fan of the Maryland sale. I was working for Randy Hartley and Dean DeRenzo for five years and we always had a good horse to bring over here and show up on the dirt track like she did this morning.”

Rengifo was aboard for the filly's bullet drill Wednesday.

“I think the track was a little tighter today,” he said. “Yesterday, it was kind of soft. But you still have to have a quality horse to go that fast. I didn't have to use my whip with this filly. She is a medium-sized filly with a big heart. She has galloped out well all through the winter. And today, she did :10 flat and she was rolling all the way out. For me, as a rider, that impressed me even more than the :10 flat.”

A colt by Twirling Candy (hip 249) consigned by Grassroots Training and Sales had the final :10 flat of the day. The bay is out of Lady Mamba (War Front), a half-sister to Grade I-placed Luminance (Tale of the Cat) and multiple graded-placed Stellar Sound (Tapit). His third dam is multiple Grade I winner Versailles Treaty (Danzig), dam of George Vancouver and Saarland. He was a $65,000 purchase by Grassroots at the Keeneland September sale last year.

Wednesday's third set got a jolt when Hartley/DeRenzo Thoroughbreds sent out a long-striding son of Justify to work the week's fastest quarter-mile of :21 2/5.

“He's been able to run all year long,” said Randy Hartley. “We don't usually prep very fast, we kind of just show them where to go. But when we prepped him here, I had to catch my kid–and he's a big guy. I don't usually do quarters, but he is a big, tall, two-turn looking horse. The farther he goes, the better he gets.”

Out of the appropriately named My Fast One (Elusive Quality), the bay colt was purchased by Hartley/DeRenzo for $155,000 as a weanling at the 2021 Keeneland November sale. He RNA'd for $185,000 at Keeneland the following September and was sent through the ring again at Fasig-Tipton October where he sold for $175,000.

“We bought him as a baby and we buy all of our weanlings to re-sell as yearlings,” Hartley said. “[At the September sale], Justify hadn't quite hit yet. And he was a tall, gangly horse.”

Of the return to the sales ring in October, Hartley explained, “One of our clients bought into our package. Sonny Stokes, who has passed away now, he owned a piece and he was selling everything. So one of my other clients bought in.”

The under-tack show concludes with a final session beginning at 8 a.m. Thursday. The Midlantic May sale will be held next Monday and Tuesday. Bidding begins each day at 11 a.m.

The post Justify Colt Claims Fastest Quarter-Mile Work in Timonium Wednesday appeared first on TDN | Thoroughbred Daily News | Horse Racing News, Results and Video | Thoroughbred Breeding and Auctions.

The Mint Event Center was officially launched Wednesday morning with a ribbon-cutting ceremony attended by local, regional and state civic leaders and officials, including business representatives from Kentucky and Tennessee, The Mint Gaming and Kentucky Downs said in a release.

The Event Center is Simpson County's largest space for events and conventions, which is positioned as the area's newest location for weddings, parties, conferences, corporate meetings and live entertainment. The space can accommodate groups from 12 to 445 people.

“All the economic development you see here is exactly an example of that,” said co-managing partner of The Mint Gaming Hall Ron Winchell. “From our purchase of the property four years ago, we were committed to continuously improving and bringing more amenities to the area.”

Kentucky Senate Majority Floor Leader Damon Thayer added, “It's not just Kentucky Derby week. It's year-round. We have the best year-round racing circuit in the country now, and Kentucky Downs is a big part of that.”

Still under construction is the Summerly Event Lawn, an outdoor, artificial-turf space that can accommodate up to 190 guests. Both the indoor and outdoor areas will be available during the Kentucky Downs meet which will be held Aug. 31 and Sept. 2, 3, 7, 9, 10 and 13.

The post The Mint Event Center Opened At Kentucky Downs appeared first on TDN | Thoroughbred Daily News | Horse Racing News, Results and Video | Thoroughbred Breeding and Auctions.

The catalogue for Wanamaker's 2023 May Sale is now available for viewing online, the auction house said in a release Wednesday afternoon.

Bidding will open Thursday, May 25th at 8:00 a.m. ET, with the first listing set to close at 5:00 p.m. Subsequent listings will close in three-minute increments.

Highlights of the catalogue include:

• Dinn Righ, a six-year-old broodmare in-foal to Alternation. A daughter of Karakontie, she hails from the line of Justenuffheart.
• Go Mika, a winning daughter of Handsome Mike being offered as a racing prospect.
• Senorita Karla, a four-year-old daughter of Will Take Charge currently in-foal to Modernist.

Prospective buyers may browse the website to view pedigrees, pictures and videos of each hip offered. In-person inspections may be scheduled by contacting sellers with the information provided in the catalog.

The post Wanamaker’s May Sale Catalogue Available appeared first on TDN | Thoroughbred Daily News | Horse Racing News, Results and Video | Thoroughbred Breeding and Auctions.

If proponents of the Horseracing Integrity and Safety Act (HISA) get their wish, July 1 will be a day of cautious celebration-the law's first official birthday, and a time when its drug control program would also be more than a month old, barring any further last-minute legal interventions. In that event, most of the country will be operating under a federal racetrack safety and medication control framework for the first time in the sport's history.

Texas almost certainly will not be in on the party.

When HISA's racetrack safety program launched on July 1 last year, the Texas Racing Commission (TXRC) argued that it was statutorily barred from joining HISA. And because the HISA Authority has jurisdiction over the interstate simulcasting of races, the commission said it was therefore prohibited from permitting Texan tracks to export their signals.

But with the Fifth Circuit Court of Appeals set to soon rule on the constitutionality of the congressionally amended version of HISA, the commission could soon face a tricky dilemma.

If the Fifth Circuit finds the revised law unconstitutional, that sets up a “circuit split” with the Sixth Circuit Court of Appeals which could propel the case all the way up to the Supreme Court.

If the court upholds the constitutionality of the amended version of HISA, however, “the legal game is very close to being over for the opponents of HISA,” as constitutional law expert Lucinda Finley recently put it.

Either way, without the ability to beam is simulcasting signal out of state, Texas racetracks have taken a financial pounding.

Sam Houston's 2023 Thoroughbred meet ran from Jan. 6 through Apr. 8. During that time, the track handled roughly $6.39 million, according to Equibase-a drop of nearly 93% from the year prior, when the facility handled over $101 million with only 80 more individual races carded.

As for HISA, TXRC executive director Amy Cook remains adamant that the legal door to that barn is shut in Texas unless the law is restructured or replaced by a “cooperative agreement grant program”–what would be an alternative financial and regulatory model for the federal government to cooperate with individual states.

Cook, who said she spends a “great deal of time” at Texas racetracks, in barns and in public forums listening to industry stakeholders, claims she is aware of only “one human being that's upset in all of Texas about the approach that we're taking. Only one human being.”

It turns out that's an undercount.

“We have some serious concerns about the direction that Texas Thoroughbred racing is headed given the resistance to participate with HISA,” said Jeff Hooper, chairman and CEO of Highlander Training Center, a Northeast Texas-based full-service training and equine fitness and therapy facility.

Hooper describes Texas racing as having been on “the up” because of state legislation passed in 2019, funneling to the purse account monies from a tax on equine products like feed and tack. But the uncertainty in Texas surrounding the commission's approach to HISA has stymied that progress, he added.

“We're certainly not saying HISA is 100% hitting on all cylinders. [But] we feel that it is in Texas's long-term best interests to find a way to participate with HISA,” said Hooper.

Corey Johnsen is a Texas owner and breeder who said he felt the same way.

“As an industry, we ask the tracks to offer quality live race meetings. How long can that go on without simulcast-out wagering?” said Johnson, stressing how “simulcast-out commissions” are a vital revenue stream for the tracks.

According to Chris McErlean, vice president of racing for Penn Entertainment, Sam Houston's parent company, the track largely met its 2023 financial projections for its Thoroughbred meet, which were based on numbers crunched with the expectation of a simulcast signal blackout.

Soon, however, “we're going to have to step back and evaluate at that point what the landscape is, and start making decisions for 2024,” said McErlean.

If the simulcasting signal out of Texas remains flatlined for the foreseeable future, could that mean an even more truncated 2024 Thoroughbred race meet at Sam Houston?

“Again, I think we'll have to see what we're able to do or not able to do,” McErlean replied. “We obviously want to get the races out to as many people as we can. Unfortunately, this is a complicated, multi-pronged issue. It's not as cut and dried as many people make it out to be.”

TDN reached out to Matt Vance, executive vice president of racing at Lone Star Park, but didn't receive a response before deadline. Lone Star Park is a plaintiff in litigation seeking to derail HISA.

At the same time, Texas's purse account is bolstered by as much as 85% from the state sales tax on equine products, meaning purse levels have remained relatively stable.

Indeed, purses at Sam Houston decreased by only about $2 million from last year, according to Equibase-from around $12.2 million in 2022 to $10.1 million this year. With 80 fewer races, the purse-per-race rate increased marginally.

The simulcasting blackout, however, has impacted horsemen other ways-frustrating out-of-state owners, for one.

“A lot of my clients don't come to the races. They like to watch their horses run remotely,” said a Texas-based horseman who asked to remain anonymous for fear of regulatory retaliation.

“You pay all these monthly fees, and if you can't watch your horse race in person and you can't watch it on simulcast and you can't even bet $2, it takes away a lot of the fun,” said the trainer.

Instead, the commission should have adopted a legal approach similar to the ones in Louisiana and West Virginia, which succeeded in getting an injunction to allow interstate simulcasting, but still operate outside of HISA's jurisdiction, said the trainer.

“People joke, 'we didn't even know you were still racing in Texas,'” said the trainer, who fears that the situation might have deterred new owners from investing in Texas racing. “I just don't like our options right now.”

A Texas mainstay, trainer Bret Calhoun said that his numerous concerns about HISA are outweighed by fears for the economic future for racing in Texas without the ability to export its simulcasting signal.

“People who are breeding, it's making them uneasy. People buying Texas-breds, I think it's making them a little more cautious. Obviously, these racetracks can't keep operating in the manner they're operating right now,” said Calhoun.

“At this point in time, HISA is the law of the land,” Calhoun said, adding that he would be reluctantly amenable to Texas joining HISA if the law continues to have legs into the future. In that scenario, “what is Texas's plan moving forward? I'm just hoping there is one,” he said.

Sam Houston Race Park | Coady Photography

“I'm not sure I know the answer to that,” said Cook, when asked how long tracks like Sam Houston and Lone Star Park can continue operating without an exported signal.

“We just can't take the resources we currently have and give it to HISA to regulate us and the tracks understand that,” she said. “I would just say that we are hopeful that maybe at some point something will change to break the logjam.”

Could that break constitute a legal compromise?

While the TXRC has steadfastly maintained that Texas law bars HISA from being implemented in the state, HISA takes a different stance.

A legal analysis put together for HISA by the law firm Akin Gump found that “There is no legal impediment to reversal of the Texas Racing Commission's self-destructive policy decision of restricting interstate wagering on horseracing. Under State and federal law, the Commission may continue to regulate horseracing in Texas to the extent not preempted by HISA rules.”

When asked if the legal situation, therefore, is less black-and-white than has been the commission's approach to date, Cook remained unyielding.

“No, there's not a possibility unless HISA somehow becomes a cooperative agreement grant program,” Cook responded.

“Our statute doesn't even allow us to take grants,” Cook added. “We've actually made a request to have our statute conform, so, if HISA did become a cooperative agreement grant program, and the [Federal Trade Commission] FTC became a grantor, we could actually take that money and work with HISA. That's the only pathway I see.”

If the courts maintain HISA's constitutionality and the law remains unchanged, however, such a scenario could leave Texas in an increasingly precarious position if it continues its current trajectory.

Asked if Texas stakeholders should therefore be braced for a possible long-term simulcasting signal blackout, Cook demurred, saying that “it's not my job to send that message,” but that she was hopeful “something will change” for the 2024 racing season.

“I would say, and I've said to a few other folks I've talked to, if you're out of state and you want to watch Texas horses, then come to the track,” Cook said. “You don't have to watch it on TV.”

Having assumed the position of TXRC executive director only about 18 months ago, Cook's tenure has overlapped arguably one of the most important junctures for the state industry-this, with no prior experience in the horse racing industry.

In that period, Cook's rigid stance on HISA has helped cultivate an industry-wide visibility rather atypical for the position, aided by appearances on popular horse racing radio shows and as a panelist at the HBPA's annual conference.

“I would say, and I've said to a few other folks I've talked to, if you're out of state and you want to watch Texas horses, then come to the track. You don't have to watch it on TV.  —Texas Racing Commission Executive Director Amy Cook.”

“I'm not here to be on anybody's side other than perhaps the side of the horses, the jockeys and the Texans who are the licensees of the commission,” Cook responded, when asked about her suitability for the role, at the same time emphasizing her “35 years of military service” as an example of her commitment to public service.

While Cook has enjoyed a long and distinguished military career, it hasn't been without its missteps, most notably in 2014 when she was brought into the Arizona National Guard to supervise a financial audit of the Arizona U.S. Property and Fiscal Office (USPFO), which oversees state National Guard funds.

Several Arizona National Guard colonels suspended in that Cook-led audit over suspected financial wrongdoing were subsequently exonerated by an internal investigation, but not before their careers were ruined or finished in what they perceived as a leadership purge, according to an investigation by the Arizona Republic.

“[Cook] was in over her head and didn't grasp Army finances,” the former USPFO boss replaced by Cook told the Arizona Republic, claiming that false allegations, employee suspensions and transfers created havoc in the USPFO, including fiscal changes that cost the department millions of dollars in losses. “There is no excuse to have that kind of money leave Arizona because somebody doesn't know what they're doing.”

Cook characterized the Arizona Republic's reporting as incomplete and lacking in important details. At the same time, she pointed towards certain accolades awarded to her after the Arizona incident, including her 2020 promotion to Brigadier General.

“If I cared what was in the papers, I wouldn't be continuing my service for Texas,” said Cook. “I'm doing the best job I can do. I'm not perfect, but I show up every day and I try to do my best for the state of Texas.”

The TXRC is currently undergoing its own major financial reorganization by seeking to significantly revise its funding model, going from one financially self-sustained by the industry to an agency heavily reliant on taxpayer support.

“We are the only racing commission I found that is paid directly by its regulated industry, which has been problematic for the past 30 years,” said Cook, in explanation of the budgetary change. She pointed to a Texas governmental report that found the commission's current funding model dependent on sources like racetrack fees could undermine “effective” regulation.

“The general revenue [monies] would also pay for drug testing because I don't want to have to argue with someone over whether or not I can do a necropsy on their horse,” said Cook. “We should just be able to do it.”

According to figures provided by Cook, the TXRC had originally sought over $21 million from the state general fund to buttress its operations between 2024 and 2025, including dozens of new commission staff and a modernization of its online enforcement database. In the state's latest budget decision, that number is now just over $7.5 million in taxpayer revenues for the same period.

Interestingly, HISA assessed Texas the ultimately unpaid fee of around $351,000 for its 2022 operating expenses. According to sources familiar with the negotiations, HISA's 2023 fee assessments for both Sam Houston and Lone Star Park total around $1.5 million, with the opportunity for significant credits to be used against that amount.

“We'd like to see all revenue streams maximized, and that includes simulcasting,” said Hooper. As such, he added, “I just felt like the best thing to do was participate with HISA from its outset.”

The post Sam Houston Handle Down 92%, Texas Industry At Crossroads appeared first on TDN | Thoroughbred Daily News | Horse Racing News, Results and Video | Thoroughbred Breeding and Auctions.

Fasig-Tipton's May Digital Sale closed Tuesday with 34 lots sold for $1,402,700, bringing an average of $41,255. Offerings consisted of breeding stock, including mares with foals at foot, horses of racing age, and yearlings. Five sold for six figures and nine sold for $50,000 or more.

“The May Digital Sale was unbelievably strong,” said Leif Aaron, Director of Digital Sales. “We sold all types of horses and sold them well, averaging more than $40,000. The depth of buyers for the Digital sales continues to grow, with more than 300 users registered to bid this time around.”

Among the sale's top results were Dontmesswithjoanne (Pioneerof the Nile), who sold for $210,000 to Good Luck Farm from the consignment of Simms Bloodstock, agent. The stakes winner from the immediate family of GISWs Stellar Jayne (Wild Rush) and Starrer (Dynaformer) sold with her 2023 filly by Not This Time. Another top lot was Karakontie Flyer (Karakontie {Jpn}), offered with her 2023 colt by Upstart and bred to Vekoma for 2024, who sold for $200,000 to HMA from the consignment of Mullholland Farm, agent. Karakontie Flyer is a half-sister to GISWs Pretty City Dancer (Tapit)–dam of this year's GI Kentucky Oaks winner Pretty Mischievous (Into Mischief)–and Lear's Princess (Lear Fan). Rounding out the top three was Cornice Traverse (Malibu Moon), offered carrying her first foal to Good Magic for 2024. From the immediate family of MGISW Colonel John (Tiznow), she sold for $190,000 to Champion Equine LLC from the consignment of River Oak Farm LLC.

Complete results are available online.

The next Fasig-Tipton Digital sale will be the August Digital Sale, which runs from Aug. 24-28.

The post Dontmesswithjoanne Tops Fasig-Tipton May Digital Sale appeared first on TDN | Thoroughbred Daily News | Horse Racing News, Results and Video | Thoroughbred Breeding and Auctions.

The Alberta Thoroughbred industry was celebrated at Century Mile Racetrack and Casino on the evening of May 5 as over 130 Alberta Thoroughbred breeders, owners, trainers, and backstretch workers joined to honor Alberta's best.

“In 2022, Alberta horse racing moved forward from the pandemic and began the recovery process with reasons for optimism on many fronts,” said Master of Ceremonies Ken Gee on behalf of Horse Racing Alberta Chief Executive Officer Kent Verlik. “An exciting accomplishment was the long-term funding agreement signed by Horse Racing Alberta and the Alberta Government that provides stability to the industry until Mar. 31, 2031.”

The biggest winner of the night was Dance Shoes (Mank), who won all four of the categories she was nominated for: Horse of the Year, Champion Sprinter, Champion Older Mare, and Champion Alberta-bred.

The Ken Cohoe Lifetime Achievement Award went to horseman Rod Cone. Leading Breeder was Pierre Esquirol; Leading Owner was the partnership of Crystal Cates and Gonzalo Anderson; Tim Rycroft was named Leading Trainer; and Enrique Gonzalez was awarded Leading Jockey.

For full details, visit the CTHS Alberta website.

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TIMONIUM, MD – The three-day under-tack show ahead of the Fasig-Tipton Midlantic May 2-Year-Olds in Training Sale began on a picture-perfect day in Timonium Tuesday with a colt by Awesome Slew (hip 91) working the bullet furlong of :10 flat early in the first of the day's seven sets. The juvenile is consigned by Tom McCrocklin, who purchased him on behalf of Michael Sucher's Champion Equine for $150,000 at last year's Ocala Breeders' Sales Company's October Yearling Sale.

“He's a very fast horse,” McCrocklin said Tuesday. “I was not surprised to see him work like that. He showed up here and breezed very well.”

The bay colt is out of Cash Reserve (Distorted Humor) and is a half-brother to stakes-placed Reckling (Dialed In) and Campy Cash (Race Day).

“I literally recall telling Michael Sucher that I thought he was the best horse in the [OBS] sale,” McCrocklin said.

Asked if he was surprised by the colt's final price last fall, which made him the most expensive of eight yearlings by his sire to sell in 2022, McCrocklin said, “It was just a very difficult year to buy yearlings. If you had a nice physical horse there was plenty of money out there to buy them. So I wasn't terribly surprised. And it kind of felt like we were going to buy the horse–it didn't feel like a huge stretch. It wasn't one of those 'it was my last bid' stories.”

With the absence of the Fasig-Tipton Gulfstream Sale from the calendar this year, the Fasig-Tipton Midlantic May sale and the inaugural Midlantic June sale next month in Timonium are the only major juvenile auctions to feature works over a dirt track. The appeal of that surface led McCrocklin to take a 33-horse consignment to Maryland.

“I think buyers like it because they race on dirt predominately,” McCrocklin explained. “I think it gives them a little more confidence. You saw from the times today, it takes a very fast horse to go :10 flat here. Where at OBS on the synthetic racetrack, it's not unusual to see :10 flats all over the place.”

Of the 10 juveniles to work a quarter-mile Tuesday, a colt by Flameaway (hip 15, video) consigned by LG, agent, and a colt by Nyquist (hip 126, video) consigned by Top Line Sales shared the bullet time of :21 3/5.

Top Line Sales also sent out a juvenile by Lookin at Lucky (hip 89) to share the session's second-fastest furlong time. The New York-bred colt, a homebred for Top Line's Torie Gladwell and Jordan Wycoff, turned in a flashy :10 1/5 work during the day's second set.

A bay filly by City of Light (hip 174), who is a half-sister to graded winner The Tabulator (Dialed In), powered through her :10 1/5 work for Steve Venosa's SGV Thoroughbreds.

Becky Thomas's Sequel Bloodstock, which was responsible, not just for last year's $3.55-million May sale topper, but also for GI Kentucky Derby winner Mage (Good Magic), sent out a filly by Munnings (hip 160) who worked the furlong in :10 1/5 in the day's third set.

A pair of juveniles from the first crop of Maximus Mischief shared the second-fastest furlong time Tuesday, with Bryan Ford Training Stable sending out a filly (hip 69, video) and Cary Frommer sending out a colt (hip 125, video) by the graded stakes winner.

The day's six :10 1/5 works also included a filly by Uncle Mo (hip 186). Consigned by Pick View, LLC, the bay is out of Gabriellestoblame (Blame), a half-sister to GI Kentucky Derby winner Nyquist (Uncle Mo). She was bred by Bridlewood Farm.

The under-tack show continues through Thursday with sessions beginning each day at 8 a.m. The Midlantic May sale will be held next Monday and Tuesday. Bidding commences at 11 a.m. for both sessions.

The post Awesome Slew Colt Sets Furlong Mark at Fasig-Tipton Midlantic Tuesday appeared first on TDN | Thoroughbred Daily News | Horse Racing News, Results and Video | Thoroughbred Breeding and Auctions.

The Arkansas-based lawsuit filed six weeks ago that is the most recent among five separate federal complaints attempting to derail the Horseracing Integrity and Safety Act (HISA) via alleged constitutionality claims was broadly rebuffed Monday in separate legal filings by the defendants in the case, who are executives with the HISA Authority and the Federal Trade Commission (FTC).

The plaintiffs, led by Bill Walmsley, president of the Arkansas Horsemen's Benevolent and Protective Association (HBPA), and Jon Moss, the executive director of the Iowa HBPA, had asked a judge in United States District Court (Eastern District of Arkansas, Northern Division) on Apr. 6 to declare HISA unlawful and to impose an injunction prohibiting the defendants from enforcing the Anti-Doping and Medication Control (ADMC) rules scheduled to go into effect May 22.

The HISA Authority's opposition brief stated that the plaintiffs in this case, much like those in the other four cases currently swirling in the federal court system, represent only “a faction of the industry long opposed to any change” who continue to “search for a favorable forum” by essentially making similar arguments in front of different judges.

And, the HISA Authority's filing pointed out, both Walmsley and Moss are already involved as parties who have taken various legal actions in three of the other four anti-HISA cases.

“Apparently discontent with those courts' rulings, the Iowa HBPA, Walmsley, and Moss now seek the same extraordinary relief here,” the HISA Authority's May 15 filing stated.

The HBPA-affiliated plaintiffs wrote in their complaint last month that HISA “barely pretends to comply with the Constitution's separation of powers. The Act allows a private corporation to issue binding rules with no guiding principle. The FTC's ostensible oversight serves as a mere mirage.”

The HISA Authority saw the situation differently in its filing.

“The vast majority of industry participants and horseracing states have welcomed the uniform national standards, which took effect on July 1, 2022. Two [presidential] administrations have now supported the law and two bipartisan Congresses have embraced it–including through a statutory amendment that reinforced the Act's constitutionality in December 2022,” the HISA Authority's filing stated.

“Plaintiffs come nowhere near the showing required for a court to dismantle this critical federal regulatory program. Most notably, Plaintiffs cannot demonstrate a likelihood of success on the merits: All four federal judges that have considered Congress's recent amendment to HISA have concluded that the Act is constitutionally sound,” the HISA Authority's filing stated.

“Plaintiffs next rely on a meritless public nondelegation claim that the challengers in the other cases wisely abandoned, or did not consider worth [pursuing], in light of the clear intelligible principles Congress provided,” the HISA Authority's filing stated.

“And Plaintiffs' final claim under the Appointments Clause is contradicted by the undisputed fact that the Authority is not a governmental entity [and] by the decisions of the two federal courts that have already denied the same Article II claim,” the HISA Authority's filing continued.

“None of the other preliminary injunction factors favor Plaintiffs, either. Plaintiffs fail to show irreparable harm: They have been subject to HISA's racetrack safety rules for over 10 months and to similar anti-doping rules under State law for years; purses in Arkansas and Iowa have surged; and the racing season in Arkansas has now ended,” the HISA Authority's filing stated.

“The balance of harms and the public interest also weigh heavily against disrupting a federal regulatory scheme that Congress has mandated (twice) and that has enjoyed substantial compliance already,” the HISA Authority's filing stated. “This Court should deny Plaintiffs' motion for a preliminary injunction.”

The FTC's May 15 filing put it this way: “[The plaintiffs] do not come within a furlong of demonstrating, with evidence, that any purported 'harm is certain and great and of such imminence that there is a clear and present need for equitable relief.'”

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Caesars Entertainment, Inc. on Tuesday announced agreements with Keeneland and Red Mile Gaming & Racing in Lexington granting them operator market access to offer legalized mobile sports wagering in Kentucky. The announcement comes six weeks after Kentucky Governor Andy Beshear signed Bill 551 legalizing sports wagering in the state into law on Mar. 31.

Caesars also announced plans to open Central Kentucky's only brick-and-mortar retail sportsbook locations, subject to regulatory approvals from the Kentucky Horse Racing Commission.

“Keeneland and Red Mile are iconic horse racing venues with an important legacy in the state of Kentucky,” Eric Hession, President of Caesars Digital, said. “Customers in the region have long enjoyed our world-class Caesars destinations and, most recently, our horse racing wagering app, Caesars Racebook. Working with these historic institutions provides an unmatched opportunity to reach sports and racing fans in the state, and we look forward to working with the Kentucky Horse Racing Commission as we prepare to launch later this year.”

Keeneland President and CEO Shannon Arvin said, “Keeneland's venture with Caesars Sportsbook holds exciting potential and furthers our mission to introduce new audiences to horse racing. Caesars is a globally respected brand, and we value their commitment to racing and their expertise in sports wagering.”

Red Mile Chief Operating Officer Shannon Cobb commented, “At Red Mile Gaming & Racing we are excited to continue introducing this historic harness track to new audiences. Opportunities with sports wagering on site, added to live racing, simulcasting, and HHR Games accomplish goals we have worked toward for several years. Our relationships with Keeneland and Caesars in this venture could not be more valued.”

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Kyle McDoniel has been named president and chief operating officer of Equibase Company LLC by the Equibase Management Committee, effective June 1, 2023, the company announced on Tuesday. McDoniel succeeds Sal Sinatra, who resigned in July 2022. James L. Gagliano served as interim president.

“Kyle will bring a fresh perspective to Equibase and the sport,” Ian D. Highet, chairman of Equibase, said. “The management committee is confident that his extensive background within sports media and sports betting alongside his business development and strategic planning skills fit perfectly with Equibase's objectives.”

Most recently McDoniel served as vice president of U.S. Strategic Partnerships for sports technology company Sportradar, where he led strategic planning, business development, and ongoing partnership management. He is a 25-year veteran in the sports industry, started his career with ESPN and subsequently held roles as senior vice president of Strategy, Marketing and Partnerships and vice president of business development for FOX Sports and also served as global head of Sports Partnerships and Strategy for Yahoo Sports.

“Horse racing is a fantastic sport, and I look forward to joining the excellent Equibase team in Lexington, Kentucky, and establishing relationships with stakeholders across the industry,” said McDoniel. “My priorities will be to develop new business opportunities to enrich the sport and provide everyone from professional handicappers to casual fans and the media with the tools they need to get the most out of racing.”

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Bill Finley (If Baseball Can Change, So Can the Triple Crown, TDN, Tuesday, May 16, 2023) has hit the nail on the head. As one who was and now is again a baseball fan, I agree that baseball's changes have been dramatic and effective. Some traditions are great, but when traditions are barriers to one's existence they need to be rethought.

The truth is that only our sport's diehards would even know the difference if we spread our Triple Crown races out a month apart. The reality is that the general public or the occasional follower couldn't care less whether we changed the timing or not. We are arrogant to think that such a change would make a difference to the point of decreasing interest. On the contrary, at this point in our sport's history, any tradition that decreases the quality of our product and therefore discourages general public interest needs to be abandoned. We no longer have the luxury of being stubborn.

John Phillips, Darby Dan Farm

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In response to comments from Forte's connections on a conference call last Thursday, May 11 accusing the New York State Gaming Commission of unprofessional handling of the Forte meloxicam overage in the Sept. 5, 2022 Hopeful Stakes, the commission's spokesman, Brad Maione, has issued a timeline of the eight months between the positive test and the stewards' hearing to discuss the results. At that hearing May 10, Forte was disqualified from the Hopeful Stakes win, Todd Pletcher was fined $1,000 and suspended for 10 days. The connections said they would appeal.

That timeline appears in its entirety here:

The RMTC split sample program was announced in 2017. At that time, the New York Thoroughbred Horsemen's Association notified its members, which includes Mr. Pletcher, of the program. As a courtesy, in the fall of 2022, the Gaming Commission worked with the trainer's counsel to help identify a RMTC-approved lab to test the split sample at issue. A list of such labs is readily available on the RMTC website.

Below is a timeline of communications between the Gaming Commission and the trainer's representative between the September 5, 2022 Hopeful Grade 1 Stakes at Saratoga Race Course and the May 10, 2023 “Stewards' Hearing:”

September 5, 2022: Saratoga Race Course: Hopeful Stakes G1; horse FORTE finished 1st; sample collected & shipped to New York Equine Drug Testing & Research Laboratory (Lab) in Ithaca, NY.

September 23, 2022: The Lab notified the Commission of a positive finding. The Commission immediately notified the State Steward, who then matched the sample's identifying numbers to the previously locked documentation of collected samples. An investigation began. The remaining dates and events are what led the “Steward's Hearing” on May 11, 2023.

September 29, 2022: The trainer's counsel was notified of the positive finding.

October 3, 2022: The trainer's counsel asked for the “laboratory finding” and “underlying data,” incorrectly claiming that providing such during an investigation has been “long standing practice.”

October 5, 2022: The Commission denied the trainer's counsel's request, noting: “a licensee being investigated for potential discipline is not entitled to evidence until such time as the Commission's adjudication rules require disclosure of the same. This position applies to any request for such disclosure, whether related to potential residual sample testing, or any other subject matter.”

October 7, 2022: The trainer's counsel protested and incorrectly reasoned that by not providing such findings at that time (before a ruling is even issued), there must have been a “change in that protocol.” The trainer's counsel then requested materials that led to this non-existent change in procedure.

October 11, 2022: The trainer's counsel complained via email that the copies of the aforementioned provided to her as a courtesy was inaccurate and that the labs they contacted were unable to conduct the requisite testing.

October 14, 2022: The trainer's counsel again complained about the aforementioned courtesy-provided lists of labs, falsely claiming that because the Commission would not permit disclosure of the Lab's report (NOTE: permitting as much during an investigation would be unprecedented), “We are unable to proceed with our election for split sample testing.”

November 16, 2022: Again, as a courtesy and convenience, the Commission sent the trainer's counsel an updated published list of lab options for split sample testing (downloaded from RMTC's website), and even pre-filled the split-sample request form. The Commission advised that, “As soon as the Commission is notified by the laboratory that you select, indicating that they have received your requests and the fee for performing the tests, we will ship the blood to that laboratory for analysis.”

November 23, 2022: Texas A&M's laboratory agrees to conduct the split-sample testing.

December 8-16, 2022: the Commission coordinates the trainer's payment of and shipment of the split sample to be tested at the Texas A&M Lab:

December 21, 2022: Texas A&M receives the sample for split-sample testing

January 28, 2023: Texas A&M confirms finding in split sample to the Commission, which then informs State Steward of the confirmation.

February 3, 2023: Test results of split-sample are sent to trainer's counsel and Commission.

February 22, 2023: State Steward advises trainer's counsel of March 2, 2023 Steward's Hearing, stating: “Please let your client know he can be available by phone.”

The trainer's counsel informed the State Steward that March 2 was not possible due to a prior scheduled obligation and that they expect to attend in person.

February 23, 2023: The State Steward offered March 22, 23, or 29 as possibilities for the “Stewards Hearing.”

March 1, 2023: The trainer's counsel asked for the “Stewards Hearing” to take place on March 23.

March 8, 2023: The State Steward clarified the purpose of the “Stewards' Hearing,” as:

“…not an adjudicatory proceeding … but …a meeting to provide your client, a licensee, with an opportunity to be heard before I consider potential regulatory action. …  a licensee may have counsel … to provide counsel/advice to the licensee. As the meeting's purpose is to provide a licensee with an opportunity to be heard, however, a licensee's counsel is otherwise only able to attend the meeting as an observer, and is not able to ask the stewards questions or to elicit any type of testimony or evidence… If some sanction of the licensee results, there would be a later opportunity for the licensee to request a de novo adjudicatory hearing, at which time the types of hearing procedures you suggest may be available pursuant to SAPA and Commission regulations.”

Despite this and prior explanations, the trainer's counsel again requested “hearing 'guidelines,'” the New York Lab test results, a confirmation of certain of witnesses and more records with an artificial one-day deadline of March 9, stating: “if it is not met, we will have to adjourn without date.”

March 13, 2023: The trainer's counsel and the owner of the horse proposed an inappropriate “conference in advance of the March 23 “Stewards Hearing,” stating that the horse's owner “believes this discussion of preliminaries will be in all parties' interest as well as in the best interest of the sport.”

Further complicating the scheduling of an already-postponed “Stewards' Hearing,” the Trainer's counsel represented that the owner “might find that his formal appearance is mandatory to ensure the integrity of the sport and that the process is conducted in a fair manner.”

March 14, 2023: The Commission Steward responded to the trainer's counsel, reiterating that the “Steward's Hearing will move forward as previously described to provide Mr. Pletcher an opportunity to be heard. As it is an opportunity for a licensee to provide the stewards with any additional information or evidence that the licensee wants the stewards to consider prior to my implementing a decision as the State Steward, Mr. Pletcher may present witnesses to provide such additional information at that time.”

March 16, 2023: The trainer's counsel responded with a list of 17 witnesses – in addition to the trainer – they wished to speak at the “Stewards' Hearing” and asked for a confirmation by end of the day.

March 18, 2023: The Commission responded to the trainer's counsel:

“…the Stewards Hearing is an opportunity for Mr. Pletcher to be heard. If Mr. Pletcher wants to present witnesses (to appear and provide information voluntarily), he may do so.”

March 20, 2023: The trainer's counsel responded to Commission:

“…While we appreciate the ability to present witnesses, your failure of a timely response leaves us with insufficient time to contact and prepare our witnesses.  …Consequently, we are respectfully postponing the Thursday Hearing.  Once we have reached out to everyone and secured time on their schedules, I will get back to you with dates.

March 22, 2023: The Commission Steward grants another the postponement of the “Stewards' Hearing” and offers March 30, April 12, April 19, May 3, or May 10, noting:

“… if the Stewards Hearing does not take place on or before May 10, 2023, no further dates will be offered, and Mr. Pletcher will be deemed to have declined the opportunity.”

March 23, 2023: The trainer's counsel selects the May 10, 2023 date.

May 8, 2023: The trainer's counsel writes to the Commission Steward:

“An unforeseen circumstance has caused Mr. Pletcher to remain in Kentucky and, thus, he is unable to be present on Wednesday for the 'Stewards Hearing.' Accordingly, he respectfully requests an adjournment without date at this time.”

The Commission Steward responds to the trainer's counsel:

“As you will recall, on March 22, 2023, I advised that if the Stewards Hearing does not take place on or before May 10, 2023, no further dates will be offered, and Mr. Pletcher will be deemed to have declined the opportunity. In light of your email of May 8, 2023, we offer that Mr. Pletcher may appear at the May 10, 2023, Stewards Hearing via videoconference, in order to take part in a Stewards Hearing. Please advise as soon as possible so that we may set up the videoconference. Otherwise, we will note that Mr. Pletcher has declined the opportunity to participate in a Stewards Hearing and proceed accordingly.”

May 9, 2023: The trainer's counsel writes to the Commission Steward:

“…we are at this very moment showcasing the entire racing Industry on a National stage. And in doing so, the subject of extraordinary and appropriate scrutiny (on that point, I have been contacted by a prominent reporter of a national New York publication who can not be called a friend of racing concerning the subject at hand). The misfortune of the tragedies at Churchill Downs will only be wrongfully amplified should the Board of Stewards proceed at this time. As such, we respectfully renew our request that tomorrow's Stewards Hearing be adjourned until after the completion of the Triple Crown — an action that is certainly in the best interests of our entire racing community. …Second, as is always the case, the health and welfare of the horse must come first and there will be no exception here. The “unforeseen circumstance” mentioned above is the scratching of the Kentucky Derby favorite Forte and then having him placed on Kentucky's veterinary list. This requires Mr. Pletcher's complete attention as he will be monitoring him on a daily basis. In full transparency, tomorrow morning Forte is scheduled for testing at which both Mr. Pletcher and his owner will be in attendance. Mr. Pletcher, therefore, is unable to participate, even remotely, in the Stewards Hearing at that same time. …Because of the urgency of this matter, we expect to hear back from you at your earliest convenience or no later that 8 AM tomorrow morning.”

The Commission Steward responds to trainer's counsel:

“…we have repeatedly have offered and will again offer that Mr. Pletcher may appear at the May 10, 2023 Stewards Hearing via videoconference, in order to take part in the Stewards Hearing. In light of his schedule in the morning, we are able to reschedule the Stewards Hearing for a later time tomorrow, at 1:00 p.m. Please advise as early as possible if Mr. Pletcher wants to proceed tomorrow, so we may set up the video conference. Otherwise, we will note that Mr. Pletcher has declined the opportunity to participate in a Stewards Hearing and proceed accordingly.

5:33 p.m.: Forte's Owner to Commission Steward: “We both look forward to the hearing!!!!!”

May 10, 2023: The “Stewards Hearing” took place.

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