Drafted's owners appeal Forego DQ due to HISA whip rules
SARATOGA SPRINGS, N.Y. – The owners of Drafted, who finished fifth in the Grade 1 Forego on Aug. 27 at Saratoga, have appealed a decision by the Horseracing Integrity and Safety Authority that would result in the forfeiture of their $26,000 share of the purse.
Drafted was disqualified from purse earnings in the Forego after it was determined by New York Racing Association steward Brook Hawkins that jockey Luis Rodriguez Castro struck the gelding 10 times with the whip during the running of the race. Under HISA rules, a rider is limited to a maximum of six strikes in a race.
When a jockey uses the whip seven to nine times, a $250 fine and one-day suspension is issued to the rider but there is no loss of purse or placement for the horse. When a rider uses the whip 10 to 13 times, the penalty for the rider increases to a $500 fine, or a jockey’s share of the purse, whichever is greater, and a three-day suspension, which Castro received and did not appeal. Additionally, the horse is disqualified, ordered unplaced in the order of finish, and the purse money is redistributed to those who finish behind the horse in question, according to Hawkins, who is in charge of enforcing HISA’s rules at New York Racing Association tracks.
:: DRF's Saratoga headquarters – Stakes schedule, previews, recaps, past performances, and more
Owner Thomas O’Keefe filed the appeal with HISA on Friday on behalf of himself and fellow owners Truls Engebretsen (Dublin Fjord LLC), William Nichols (Racepoint Stables LLC) and Kevin Hilbert, saying they’re forced to forfeit money without due process, according to their attorney Drew Mollica. The owners are seeking a stay of the redistribution of the purse.
“We challenge it on the constitutionality under the Fifth and 14th amemdents of the Constitution where they’re taking our money without due process,” Mollica said. “We’re in unchartered waters here, nobody knows how to do this. The ruling’s not against us, but it affects our client and we don’t want them to redistribute the purse because the irreparable harm is we have no mechanism to get it back.”
Drafted is trained by David Duggan.