by Jeff Lowe
The National Thoroughbred Racing Association has challenged the racing industry to adopt sweeping reforms in a safety and integrity initiative that former Wisconsin Governor Tommy Thompson will monitor as independent counsel.
The NTRA is taking pledges from racetracks to adhere to the plan as members of the new Safety and Integrity Alliance. The NTRA will begin issuing certifications next year for racetracks who have the measures in place, and Thompson will conduct ongoing reviews and provide independent and public reports at least annually that will detail compliance.
Many of the reforms are based on recommendations by the Jockey Club Safety Committee and Racing Medication and Testing Consortium that have been adopted in some states in the wake of Eight Belles’s fatal breakdown in the Kentucky Derby Presented by Yum! Brands (G1).
The initiatives include:
• A continued move toward uniform medication rules;
• A ban of steroids from racing competition;
• Out of competition testing for blood and gene doping agents;
• Uniform penalties for all medication infractions;
• Mandatory on-track and non-racing injury reporting;
• Mandatory installation of protective inner safety rails;
• Mandatory pre- and post-race security; and
• Adoption of a placement program for retired Thoroughbreds.
The tracks will largely be responsible for the initial costs of implementation. The NTRA expects member racetracks to adopt temporary house rules for some of the reforms while the Alliance calls on individual states and regulatory agencies to enact permanent rules.
The NTRA developed the plan after the industry came under intense scrutiny in a turbulent spring that included Eight Belles’s death and the admission of trainer Richard Dutrow Jr. that Big Brown had regularly received steroids prior to his victories in the Kentucky Derby and Preakness Stakes (G1).
Less than two weeks after the conclusion of the Triple Crown, the Energy and Commerce Committee of the United States House of Representatives conducted a hearing on the state of Thoroughbred racing that was punctuated by skepticism that the industry could reform itself.
Representatives indicated they would consider legislation that would mandate the creation of a national horse racing commission if the industry did not address its problems.
The NTRA was emboldened further this summer when extensive polling revealed widespread discontent among hardcore fans over drug use in racing and concern from casual fans over the welfare of racehorses.
“Our industry is taking strong, positive steps to ensure the safety and integrity of our sport,” said Alex Waldrop, the NTRA’s president and chief executive officer. “Despite challenges and significant short-term and long-term costs, there is an unprecedented level of commitment among Thoroughbred racing’s leadership to see these measures through.”
The NTRA expects the reforms to be enacted in phases. The steroid ban, which has been accelerated by Safety Committee recommendations and new policies from the Thoroughbred Owners and Breeders Association's American Graded Stakes Committee, and Breeders’ Cup Ltd., will likely be among the first measures Thompson will consider next year when he begins to monitor compliance.
“You can bet that our first priority will be the medication area,” Waldrop said. “I can see that being a high priority going forward. Other areas may take some time, for instance the retirement issue. We still need some work there.”
Thompson served four terms as Wisconsin governor and worked for President George W. Bush’s administration as Secretary of Health and Human Services from 2001 to ’05. He is a partner in the law firm Akin, Gump, Strauss, Hauer, and Feld in Washington D.C.
Thompson described himself as a passionate spectator of racing, and he has been a participant in the past as a partner in West Point Thoroughbreds’s Grade 1 winner Flashy Bull.
“Tommy Thompson is not there to tell us what to do, he’s there to help us implement,” Waldrop said. “What we’re trying to avoid is a situation where the industry says, ‘We’re looking at ourselves, we’re regulating ourselves, we’re doing just fine, trust us.’
“Tommy Thompson is going to come in and say, ‘Let me see what you’ve done. Let me tell the world what you’ve done.’ Tommy Thompson and Akin, Gump have a lot bigger fish to fry than Thoroughbred racing. They’re not going to let their reputation go to protect us.”
Waldrop stressed that racetracks that do not continue to comply with Alliance initiatives will be decertified. More than 40 tracks have already agreed to join, including all tracks that are under the umbrella of Churchill Downs Inc., Magna Entertainment Corp., and the New York Racing Association. Finger Lakes, Hawthorne Race Course, Oaklawn Park, and Tampa Bay Downs are among the tracks that had not agreed to join the NTRA initiative as of Tuesday.
“We applaud the NTRA emphasis on safety,” Oaklawn said in a statement “However, several weeks ago we requested additional information on structure, governance, perpetuation, responsibility, and authority on this initiative. We are waiting for clarity on those issues.”
Waldrop speculated that the Alliance could end up with 20 certified tracks if others are unable to meet or maintain the standards.
“We’re not going to drop a standard,” Waldrop said. “This is about bringing people up to a standard. It’s going to create a form of league. The certified tracks are going to be the top tier tracks. … We’ll know for certain what the 20 top tracks or 30 top tracks are. There are more than 40 tracks that have signed up. We’ll see if they stay in the fold.”
Waldrop said the certification concept borrows from other industries that deal with the vagaries of state-by-state regulation, including health care, education, and insurance.
Besides racetracks, the Alliance also has taken membership pledges from horsemen’s groups. Individual owners, trainers, and jockeys will be eligible for membership and certification in the future.
“I sense a will to change in this industry like I have never seen,” Waldrop said. “The sheer numbers of people that we included speak volumes about how strongly this industry about the need for change and real reform. Frankly, we could have put a lot of owners and trainers and others on there, but we didn’t have time and we didn’t want to pick and choose.
Waldrop said individual members would have to participate at member racetracks at least 50% of the time to maintain certification.
“You can’t exclude people,” Waldrop said. “You can say if you do these things, we’ll certify you. We’ll reward you with this.”
The initial reform plan does not include provisions related to wagering integrity, but Waldrop said that would likely be an issue the Alliance would take up in the future.
For complete text of the NTRA Safety and Integrity Alliance Initiative, click here.
For a list of Alliance members, click here.
Jeff Lowe is a Thoroughbred Times staff writer