California Horse Racing Board approves stricter penalties for whip use

The California Horse Racing Board voted to enact stricter penalties for excessive whip use on Wednesday, granting track stewards the right to issue higher financial penalties than currently allowed.

By a vote of 6-0, the racing board approved a rule establishing a minimum fine of $500 and possible suspension of at least three racing days for whip violations. The current sanction calls for a maximum fine of $1,000 and possible three-day suspension.

In addition, the new rule does not set a maximum fine in the event of “egregious or intentional” violations.

Since October, California jockeys have been limited to six underhanded strikes in a race and are allowed two strikes before pausing to allow their mounts to respond.

Egregious violations could include riders who are repeat offenders, instances in which a rider greatly exceeds the allowed number of strikes, or when a rider uses the whip in an overhanded motion, according to racing board documents.

In addition, violations that occur in trial races would lead to the jockey being suspended from a race final, a scenario most likely to arise in top Quarter Horse races.

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The rule change is not likely to be implemented for several months. After Wednesday’s vote, the new terms will be subject to a 45-day public comment period before appearing before the board again for final approval, possibly in June.

“The idea is to create uniformity throughout the state,” said racing board executive director Scott Chaney.

“There is no maximum [fine] nor is there a maximum number of suspension days. It would be up to the stewards’ discretion.”

Tougher whip sanctions were discussed in March, but the racing board voted 4-3 to table the matter for future discussion. Wednesday’s meeting was the first opportunity to readdress the issue. For Wednesday’s meeting, the language of the rule was changed to eliminate a proposed clause penalizing jockeys 50 percent of earnings for violations that occur with mounts that finish in the top three in graded stakes.

In March, racing board chairman Greg Ferraro described the financial penalties in graded stakes “as a little harsh.”

Ferraro and vice chairman Oscar Gonzales stressed Wednesday that they intend for the new language to be in place before the Breeders’ Cup races on Nov. 5-6 at Del Mar, and for racing board staff to make an effort to educate riders from other racing circuits in the United States, or countries, about the rules.

Earlier at the current Santa Anita winter-spring meeting, out-of-state riders Gabriel Saez and Ricardo Santana Jr. were fined $500 for using the whip more than six times in a race, while Robby Albarado was suspended for three racing days for using his whip in an overhanded motion.

During discussion before the racing board’s vote, Shane Gusman, an attorney representing the Jockeys’ Guild, said the absence of a maximum fine is a concern.

“At some point, someone could get a fine that is out of whack,” he said.

Ferraro reminded Gusman that riders are entitled to appeal rulings to the racing board.

Gusman’s concerns were echoed by Greg Avioli, president of the Thoroughbred Owners of California.

“We look forward to the board and stewards setting forth reasonable guidance,” Avioli said.

Aside from Ferraro and Gonzales, the new rules were approved by commissioners Dennis Alfieri, Damascus Castellanos, Barbara Davis, and Wendy Mitchell. Commissioner and retired Hall of Fame jockey Alex Solis did not participate in the meeting.

Since the new rules began on Oct. 1, stewards have fined jockeys $28,300 for violations occurring on the daytime Southern California Thoroughbred circuit at Del Mar, Los Alamitos, and Santa Anita. At the current Santa Anita meeting, which began Dec. 26, there have been 32 rulings against riders, involving $17,750 in fines and seven three-day penalties for violations.

There were two sanctions in December, 13 in January, eight in February, seven in March, and two this month through Saturday. Most of the rulings have been for using the whip more than six times in a race.