CHRB postpones discussion on new whip rules

DEL MAR, Calif. – The California Horse Racing Board on Thursday postponed a discussion and possible vote on a proposal to restrict the use of whips until its December meeting to allow wider national discussion.

Vice-chairman Oscar Gonzales requested the measure be tabled to allow the racing board an opportunity to inform the newly created Thoroughbred Safety Coalition about the rule changes and “let them know what is on the horizon and that California plans to lead the way.”

The formation of the Thoroughbred Safety Coalition, a consortium of racetracks and the Breeders’ Cup, was announced earlier this week. In its position paper, the Thoroughbred Safety Coalition stated that standards for “crop use” was one of its mandates.

California has proposed the toughest whip rules in the nation, which could significantly change the way jockeys ride, and the perception of racing from racing fans and the general public.

The proposed language has had two significant changes from what was previously presented in March. If approved by the racing board in December, the new rules are months from being enacted after the public is given a chance to comment, the racing board votes on the measure a second time, and the language is reviewed by the state’s office of administrative law.

In the spring, the racing board initially discussed restricting the use of the whip “when necessary to control the horse for the safety of the horse or rider.” In recent months, the proposed rules have undergone legal scrutiny and were partially rewritten.

The original rule limited jockeys to using the whip to “control the horse for safety,” but was found to have “a legal flaw,” according to racing board executive director Rick Baedeker.

The initial rule stated a violation would result in the jockey losing their share of the purse, which was not enforceable, he said.

“The provision to surrender a rider’s share of the purse did not contain a process for redistributing that percentage of [the] share,” Baedeker said. “We’ve brought it back for repair. What we did not want to do is have a proposal radically different than was proposed originally.”

The revised rule would result in the possible suspension or fine of a jockey found in violation and that the jockey’s mount shall be disqualified. The suspensions would also apply to exercise riders found in violation during morning training, according to the proposed rule.

The language of the rule gives the stewards some discretion, stating “the jockey or exercise rider may be suspended or fined.”

In a separate revision, the only exception for use of a whip during a race or workout would be “tapping the horse on the shoulder with the crop in the down position while having both hands holding onto the reins and touching the neck of the horse.”

In addition, jockeys would be able to show or wave the whip without touching the horse. If a rider used a whip more extensively, they could face a fine or suspension and a horse could be disqualified.

Baedeker said the revised language of allowing jockeys to use the whip in a downward position was a result of conversation with stewards regarding interpretations of when a rider is using a whip for safety reasons.

“Riders say it will help horses stay focused,” Baedeker said.

The discussion was postponed to the Dec. 12 racing board meeting at Los Alamitos by a vote of 4-1, with support from chairman Greg Ferraro and commissioners Alex Solis and Dennis Alfieri. Commissioner Wendy Mitchell voted against delaying the discussion.

“I don’t want to kick the can too far down the road,” she said.

Fred Maas, who served his final meeting on Thursday, said whip rules must be changed for the benefit of racing.

“I’m in favor of eliminating the whip,” he said. “It looks awful.

“If we send this signal to the rest of the country, I think we’ll make a more compelling case."

Ferraro was voted chairman at Thursday’s meeting, at the same time Gonzales was voted vice-chairman. They replace Chuck Winner whose term on the board expired recently, and Madeline Auerbach, who recently resigned from the board.