Horse Racing

Basler: Rooney’s HISA views are not under scrutiny


The following piece of opinion is from Dave Basler, executive director of the Ohio Horsemen’s Protection and Benevolence Association. He is also the longtime chair of both the model rules and the National HBPA’s drug committees. Basler was previously a trackman for Equibase for 16 years, calling the charts at more than 20 songs around the country.

NTRA’s Tom Rooney recently released a statement regarding the Horseracing Integrity and Safety Act. I agree with Mr. Rooney that change is never easy, especially when change is being forced by a private organization empowered by the government through what many believe to be part of. unconstitutional law. I was pleased to hear Mr. Rooney admit that one of the most common concerns he has heard since becoming president and chief executive officer of NTRA revolves around the bipartisan bill signed into law by President Trump. in 2020 is called HISA. My members and I have expressed these concerns throughout this process, but few or no concerns appear to have been addressed by HISA.

Rooney: Revealing some commonly circulated myths about HISA

Mr. Rooney asserted, in fact, the Purebred race needs to change for quite a long time. I want to see those facts. What evidence does Mr. Rooney point to to say that “the path we have come down is unsustainable”? The fact is that our industry has changed positively over the years. There have been significant changes that limit the use of many medications as well as the distance between them and the timing of a racehorse. These changes are partly responsible for a 30% drop in horse racing deaths since the establishment of a record held by the Jockey Club in 2009 to an all-time low of 1.39 per year. 1,000 people starting in 2021.

As the saying goes, “Nobody writes about banks not being robbed”, and we cannot tell all the facts that point to an unsustainable industry if HISA is not implemented. The fact is that Saratoga has already set an all-time handling record in 2021. A host of other racetracks have done the same over the past few years. I’ve heard for the last quarter of a century comments like “the industry is unsustainable” on one issue after another, none of which has been proven true. There is certainly no evidence that anything in HISA will improve the sustainability of the industry. I agree with Mr. Rooney on optimism, and that if allowed to work together, it is the way to protect the future of horse racing.

Registration for

Mr. Rooney stated that HISA officials are doing all they can to educate and communicate with industry stakeholders. If anything, HISA’s education department is just as poor as its communications department. So it’s important to dissect some of Mr Rooney’s “facts” on his recent debut.

To begin with, Mr. Rooney said that the HISA regulations are very similar to those long used by state horse racing regulators, and that the courts often endorse those powers. “Licensed individuals may participate only under the conditions of their license, and if the rules are violated, that license may be revoked,” he wrote. That’s right. However, racing participants are not licensed by HISA; participants are “registered” with the Agency. The fact that HISA staff are now combining the two makes the Regulatory Authority seem like one regulator. Not so. It is a private entity that has been authorized by the government. That’s an important distinction: the terms of a racing license give authority to a government agency, not a private organization.

Tom Rooney
Photo: Photograph of the Track Industry Program

Tom Rooney

Mr. Rooney said that “HISA provides a long-needed, nationwide invalidation claim rule that will standardize the process for all claims, eliminate confusion and protect owners and users alike.” train.” Rooney added, “It would require the claim to be rescinded in five specific cases (death, death, bleeding, being flipped off track or testing positive for a banned substance) to make the rules clear. clearer and level the playing field.”

Rooney conveniently removes the most criticized and controversial part of rule 2262, which requires that a claim be set aside in the event that “the prescribed veterinarian determines within one (1) hour of the meeting.” race that the horse will be placed on the veterinarian’s list as bleeding, physically distressed, medically damaged, unhealthy, or crippled before the horse is released to a lover. successful claim.”

This part of the rule requires a purely subjective decision by regulatory veterinarians, who are qualified to assess such matters which vary widely between jurisdictions. Further complicating this part of the rule is that there are NO instructions given in the rules for how to determine a horse’s “imperfection” or “crippled” post-race as determined by a veterinarian. according to the law. Post-race void claims exams vary widely between races, with some as simple as the horse being observed walking, while veterinarians administer at other races. is flexing the horses’ legs as part of this decision. This is anything but a standardized process to eliminate confusion and protect owners and coaches, as Mr. Rooney said.

Mr. Rooney said, “HISA has worked with stakeholders from all aspects of the industry to make the Advisory Committees as representative and inclusive as possible. HISA also sought and received input. ​publicize any proposed rules and regulations, so that parties not directly represented on the Commission can share their input, although it is not possible for everyone to have a seat. sitting at the table, the Agency has made every effort to have the broadest possible representation and input.”

Where do I start with this? There is NO horseman’s representation on ANY standing committee despite the fact that the majority of these rules are aimed at horsemen. While it is true that HISA has received public comments on the proposed safety rules, the Regulatory Authority has made NO significant changes to them despite over 700 pages of public comments submitted. by all aspects of the industry.

Basler wants future generations to be able to enjoy horse racing
Photo: Coglianese Photos

Basler wants future generations to be able to enjoy horse racing

Walk of Fame racer John Velazquez has been appointed to one of the HISA Advisory Committees, but his proposals appear to have been completely rejected by the Authority. Later, the Jockeys’ Guild, of which Velazquez co-chaired, became one of the plaintiffs in a federal lawsuit filed in Louisiana against HISA.

Further evidence that industry input has been ignored by HISA can be found in delaying the implementation of two of the safety regulations until August 1, 2022: a ban on horseshoe traction devices in both fore and hind legs and required a new mount that was not ‘not available in appropriate quantities and manufactured by a single source at the time the rule was enacted. Ignore the questionable wisdom of either regulation. Initial concerns among industry participants about the available supply of authorized horseshoes and whips were not addressed, the request for a delay in implementation demonstrated that the HISA Regulatory Authority was not prepared to launch and was not listen to industry concerns. So far, just a week since the implementation of these rules, there has not been a sufficient supply of compliant horseshoes, forcing blacksmiths around the country to sharpen to try to comply with the rule.

Regarding the cost of the HISA assessments, Rooney concludes, “Ultimately, if it leads to a safer sport with a greater degree of transparency and integrity, it will be well spent. .”

There is no evidence based on July’s flawed implementation of HISA that it will lead to a safer sport with a higher degree of integrity. In fact, I would say the evidence indicates the opposite. In Ohio, we had a horse disqualified for wagering purposes for violating rule 2282 for abusing whips, which should have been for purse-picking purposes, and incorrectly fined those who had bet on the horse. This error has been acknowledged by the HISA Agency.

Other than that, the registration process is nothing short of terrible, with thousands of individuals and horses unregistered to this day. Practicing veterinarians became so frustrated with glitches in the electronic reporting system they used to email the daily records that they were required to report HISA directly to HISA CEO, Lisa Lazarus. I could fill in three more options with a list of problems with HISA — and that doesn’t count current drug proposals that have yet to be submitted to the FTC and are nothing short of catastrophic. Oklahoma Racing Commission President Joe Lucas recently summed it up nicely: “The agency has failed to uphold the mandates on which their platform exists.”

When I got into Thoroughbred racing nearly 40 years ago, it was the greatest sport in the world. I believe that, like many others, it remains the greatest sport in the world today. The people who care for these horses are some of the most dedicated, passionate people you will ever meet. I want future generations to be able to enjoy and participate in this industry as I have been.

Although for various reasons many people and groups in the industry do not voice their concerns about HISA as I do, make no mistake, great concern about HISA has pervaded the industry. Go to the barn area at any track that operates under HISA regulations and talk to trainers, owners, runners, exercisers, groomers, blacksmiths, and veterinarians. , and you will hear these concerns. They are not whispers but roars.

I hope that the Regulator, HISA staff, and members of Congress do not dismiss these concerns but instead listen to them and initiate a meaningful dialogue with industry participants. before it’s too late.



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