CHRB tables harsher penalties for whip infractions

The California Horse Racing Board tabled proposed changes to the state’s strict whip rules on Tuesday, saying the measures deserve additional discussion.

By a vote of 4-3, the racing board declined to take action on several changes to penalties for violations of rules that took effect last October that limit jockeys to six underhanded strikes in a race, and allows two strikes before a rider must pause to allow their mounts to respond.

The proposed changes are expected to be discussed at a later date.

Under the proposal, jockeys would be fined a minimum of $500 and face a possible three-day suspension for violations instead of the current sanction of a maximum fine of $1,000 and possible three-day suspension. The proposed rule does not include a provision for a maximum fine and states that tougher penalties can be issued for “egregious” or “intentional” violations.

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, the proposed rule changes would penalize jockeys for 50 percent of earnings for violations that occur in graded stakes when the rider’s mount finishes in the first three.

Chairman Greg Ferraro proposed tabling the motion, following a recommendation from commissioner Alex Solis, a retired Hall of Fame jockey.

Ferraro described aspects of the proposal regarding a minimum fine of $500 as “fine”, but expressed hesitation about the penalties for infractions in graded stakes.

“I’m concerned after this discussion that [the penalties] involving stakes races could be a little harsh,” he said.

Solis criticized the proposed changes in their entirety, saying jockeys are struggling to adapt to the rule changes.

“For one thing, they have gone through a hard time,” he said. “Everyone is doing a good job. They don’t like it and they do their best. We’re going to penalize them even more? The fines are ridiculous. I don’t think we need to add more stuff.”

Solis said the rule regarding the financial penalties in graded stakes “is going to be unfair.”

Representatives of the Jockeys’ Guild and Thoroughbred Owners of California, spoke against the proposed changes. Greg Avioli of the TOC called for a national rule.

Shane Gusman, an attorney representing the Jockeys’ Guild, said the proposed penalties would create a financial burden for some riders.

“They’re not NFL players here,” Gusman said. “For many of them, $500 is the difference in having stable housing and health care. We think that is extreme. Three days could make a big difference, particularly if the conduct is not extreme.”

Darrel McHargue, the chief steward in California, spoke in favor of the changes.

“I think the way it is worded it acts as a deterrent of violations of the rule,” he said. “It gives steward’s guidelines.

“If you put in a 50 percent penalty for jockey earnings, it disincentives the jockey from violating that rule. The jockey thinks he will lose part of that purse. He will remember how many times I’ve hit that horse.”

Aside from Ferraro and Solis, the motion to postpone the rule changes was supported by commissioners Dennis Alfieri and Damascus Castellanos. The motion was not supported by vice-chairman Carlos Gonzales and commissioners Brenda Washington Davis and Wendy Mitchell.

Davis, Gonzales and Mitchell are the three most recently appointed members of the board, all joining since California racing sustained international scrutiny in early 2019 following a series of equine fatalities in racing and training at Santa Anita. The three have voted often as a bloc for tougher safety measures on a variety of issues.

Before the proposals were tabled, there was discussion that the penalties regarding infractions in graded stakes could affect the Breeders’ Cup races at Del Mar on Nov. 5-6, when scores of jockeys from other circuits throughout the nation and other parts of the world will ride in California for the first time since the new whip rules were enacted.

Already at the current Santa Anita winter-spring meeting, jockeys Robby Albarado, Gabriel Saez, and Ricardo Santana Jr., who ride in other parts of the United States, have faced sanctions for violating the rules.

Albarado was suspended three days for striking Swiss Skydiver once in an overhanded motion when the 4-year-old filly won the Grade 1 Beholder Mile on March 13. Had the new financial penalty been in place, Albarado could have been fined $9,000, or half of his share of $18,000, from Swiss Skydiver’s race earnings of $180,000.

Saez and Santana were fined $500 for using the whip more than six times in a race.

Since the new rules began on Oct. 1, stewards have fined jockeys $27,050 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 on Dec. 26, there have been 30 rulings against riders, involving $16,500 in fines and seven three-day penalties for violations.