It has been a year since the New York Times published its article and the PETA video which painted then-Hall of Fame nominee Steve Asmussen and his assistant, Scott Blasi, as allegedly abusive operatives in the seedy world of horse racing. While many of us were disturbed by the images and comments made in the PETA video, most of us knew that PETA had taken questionable liberties and made several distortions in its depiction of one of racing's most successful, albeit frequently sanctioned, racing outfits. Personally, I want to see Mr. Asmussen and his team of hard-working horsemen and women continue to achieve great success so long as they, along with everyone else, achieve their successes without violating the spirit and rules of fair play (Mr. Asmussen's last reported drug overage was July 2014).
In response to the Times article, many people wrote heart-felt, impassioned pleas to the industry's “leadership” (whoever they are) to effectuate serious change for the long-term benefit of the sport. I jumped on Barry Weisbord's platform in response to his call to arms, as did Bill Casner and all of the other well-known, and not-so-well-known, members of the Water Hay Oats Alliance, calling for federal legislation requiring independent drug testing and a total ban on raceday medications.
Thereafter, at the Round Table conference in August 2014, The Jockey Club described a “multi-pronged approach” which it would use to address North America's drug problem. This multi-pronged approach included pushing for federal legislation and making sure the states adopted uniform medication and testing policies as promoted by the Racing Medication and Testing Consortium, Inc. (“RMTC”). During the 2014 conference, we were reminded that at the 2013 Round Table conference, chairman, Mr. Ogden “Dinny” Phipps had vowed that The Jockey Club would press for federal oversight of racing if the “vast majority” of racing jurisdictions had not implemented the set of uniform rules. As reported by Matt Hegarty in the Daily Racing Form, “though a handful of states had made progress in implementing the rules and complying with other Jockey Club-supported requirements, such as working with accredited testing laboratories, Phipps and Stuart Janney, a Jockey Club vice chairman, made it clear during the [2014] Round Table the organization believed progress over the past 12 months fell well short of their expectations, despite the highly complex nature of getting the rules implemented in many states.”
Are we falling short again? While the RMTC's policies that some of the states have adopted don't offer a total ban on all raceday medications (since Salix would still be permitted), adoption of its policies is a step in the right direction. But adoption of the RMTC's policies is not, nor will it ever be, the end all and be all since we've already alienated ourselves from the rest of the world by allowing any form of raceday medications.
Moreover, as acknowledged by The Jockey Club leadership, the state-by-state approach is incredibly inefficient. Through no fault of those who work so hard for the local industry here, my home state of Florida, the second largest state by number of mares bred, struggles to pass legislation requiring the adoption of the RMTC's uniform medication and laboratory accreditation policies. Horse racing is simply low on the state legislature's totem pole of priorities (shoot, Florida is still trying to repeal a law enacted in 1868 that makes it a second degree misdemeanor to shack up with someone who's not your spouse, but I digress).
What about the other states that have not yet adopted the RMTC's policies? What progress have they made since last year? Would the RMTC please give us, the industry as a whole, a current status as to what states actually have adopted and implemented the RMTC policies and which states are still considering it? From a state level, what would the RMTC and each state's owner/breeder organizations encourage their members to do? How can we help?
On a national level, there has been nothing but silence since Mr. Phipps's impassioned comments at last year's Round Table Conference. And, I say this with the utmost respect, what progress been made? We all know that Washington D.C. is about as functional as a car with no tires, but may we please get an update? I, along with many others, remain concerned that the industry leadership will give up on its mission stated at the last two years' Round Table conferences. The cynics are just waiting for you to quit. Those afraid of change and who embrace the drug-induced stupor of our status quo want you to quit. Please though, don't. The industry's relevance depends upon it.
Has the federal legislation been drafted? Is the United States Anti-Doping Agency on board? Does the proposed legislation maintain USADA's independence? How can we, at a grassroots level, help you? You (the “leadership”) have an industry full of very passionate people at your disposal who want to see change and who want to help. Please don't treat the backbone of the industry — the thousands of invisible owners, breeders, horsemen and women — like Charlie Whittingham's mushrooms. If we, as a society, have learned anything during the past five years, we've learned that grassroots, through social and other media, can be a powerful tool for change. It can be used to educate and empower. Please let the industry know how it can help.
Notwithstanding the above, and not to be Debbie Downer here, let's be realistic about the political landscape. Many states, including my state of Florida, and the US Congress are controlled in part by a very vocal religious-based platform. Do we really think that any politician or any political party which has a fundamentally religious platform is going to do anything to help an industry whose very existence depends upon the perceived “sin” of gambling? Without disregarding the importance of the horseplayers, isn't it time we re-branded ourselves as something more than a gambling game whose racing product is tainted by drugs?
Admittedly, I am not terribly optimistic about politicians helping our industry, but I remain steadfast in my belief that federal legislation is one of the many tools that we need to help the industry. I also believe that, internally, this industry has to be more creative and more assertive in regulating itself and getting rid of its drug problem. A few years ago I wrote a column, published in the Paulick Report, about The Jockey Club that, as the breed registry, it has an inherent power to regulate. I remain of equally strong conviction that it, as a private organization to which we all agree to abide by its rules and regulations, is not using all of its resources to clean up and regulate the sport.
The registry, though, is not alone in its ability to enact rules and enforce them. We also have to ask what the Thoroughbred racetracks have done in the past year to improve the integrity of their gambling product and the safety of their racetrack participants. Using their private property rights, what steps have they taken to actually implement new policies that protect the integrity of the game and welfare of the horses and jockeys? Respectfully, I don't see Thoroughbred racetracks adopting and enforcing the same kind of house rules that Ruidoso Downs, Los Alamitos, and the Meadowlands have. Racetracks, along with the state regulatory boards and stewards, are charged with ensuring that the gambling product that they offer to the public isn't tainted and rules are consistently enforced. Are Thoroughbred tracks prepared to cancel their major races, like Dr. Allred cancelled the Champion of Champions, if pre-race testing shows its contenders are dirtied with drugs?
The Jockey Club announced Wednesday that it was providing another $250,000 in funds this year for racetracks to perform out-of-competition testing for graded stakes races. However, of those same funds allocated to racetracks in 2014, racetracks only requested $100,000 in reimbursements for out-of-competition testing. Either out-of-competition testing is cheaper than we all thought or the racetracks are not doing what they can to ensure the purity of their product. Will all Thoroughbred tracks that host graded stakes races, at the very least, commit to actually performing out-of-competition testing for our graded stakes races? (It would be great if the pre-race testing was performed for all stakes races, but I'm trying not to be too pushy here).
For so long now, the grassroots voices have tried to get those in power in our industry to see what North America's drug addiction has done, and is still doing, to the integrity of horse racing. On March 26 of last year, I wrote in the TDN that “I'd like for all of us to be able to say that real changes have been made because the PETA video was the perfect kick in the pants.”
Was it? If so, where are we now?
Amanda Simmons Luby, who has been involved in horse racing for 33 years, is a Thoroughbred owner/breeder and a partner with Shutts & Bowen, LLP in Florida.
Feedback for publication? E-mail suefinley@thetdn.com
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