To discuss several of the important issues facing the sport as a new year approaches, BloodHorse has assembled a panel of about 30 industry participants to participate in the 2023 Year-End Survey where they can provide their thoughts on six key topics.

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The series continues today with a question on the Horseracing Integrity and Safety Authority and needed reforms in the industry. Next in the series, panelists will provide their thoughts on marketing the sport and on wagering. (Read the first three installments on racing surfaces, foal crop size, and adjusting the racing calendar.)

While BloodHorse realizes there are countless other voices that could have been included, the hope is that these answers will spark meaningful discussion within the industry. Anyone who would like to offer their opinion is encouraged to submit them in writing to editorial@bloodhorse.com for inclusion in our Letters to the Editor. Longer pieces can be considered for an Our Voices column.

TODAY’S QUESTION: What has the Horseracing Integrity and Safety Authority meant for the industry? What has it done well and what could it do better going forward?

Tony Allevato, president, NYRA Bets/chief revenue officer, New York Racing Association: NYRA has been strongly supportive of HISA since the initial piece of legislation was introduced almost 10 years ago. For the first time, the sport now has a unified set of national safety and integrity standards to replace an outdated system that relied on patchwork regulation. There’s going to be some growing pains and I really believe people need to be patient and give HISA a chance to find its footing. I think Lisa Lazarus addressed this directly at the (University of Arizona Global Symposium on Racing), basically saying, “We’re still finding our way.” It’s going to take time. Like everything else in horse racing, there is no silver bullet that can cure all ills. You can’t flip a switch and every problem will go away. That’s how it is with HISA. If we give it time and work to get everyone rowing in the same direction, then HISA will be successful.

Shannon Arvin, president and CEO, Keeneland: Keeneland has fully supported HISA from its inception as a landmark step toward building a better, safer sport that will strengthen public confidence in racing. As HISA has become reality, its role in providing consistent rules governing medication and racetrack safety across all jurisdictions has become even more critical. The challenges racing has faced, especially this past year, demonstrate that the industry needs HISA more than ever to codify the culture of safety and integrity that will protect and modernize racing for our fans, participants, and, most importantly, our horses. HISA is providing valuable leadership for our industry in exploring the use of developing technology to advance safety and integrity efforts. Among the most exciting initiatives are HISA’s collaborations with Amazon Web Services and Palantir to apply artificial intelligence to identify horses at risk for injury before they race. HISA’s path forward will be an evolution. Implementing uniform measures to improve the sport is an enormous task. HISA is doing an admirable job in undertaking its critical work and has shown the ability to revisit and alter some measures post-implementation if they prove not to be successful or appropriate, and I have confidence they will continue to involve industry stakeholders in decisions. Lisa Lazarus is willing to speak with and sincerely listen to any industry stakeholder who has something to say about HISA, and what is best for the sport and the horse. Racing must unite to demonstrate its commitment to act in the best interest of the horse and use every tool and technology available to protect the safety of our equine athletes. Our future depends on this commitment.

Dr. Dionne Benson, chief veterinary officer, 1S/T Racing: HISA has provided a mechanism for the industry to implement best practices and the highest-level medication rules. The anti-doping and medication rules signify the first time in United States racing where most Thoroughbred racing states are consistently regulated with implementation of those regulations occurring simultaneously. It is crucial that these rules be implemented equally for them to have meaningful impact. At 1/ST, we are committed to the principles of integrity, transparency, and accountability for both horse and rider. We are encouraged by HISA’s mission and hope that it continues to enforce regulations, improve transparency, and develop new requirements, such as the implementation of veterinary-monitored training at all regulated facilities, to carry the momentum forward as we work industry-wide to create a sustainable future for our sport.

Louis Cella, president, Oaklawn Park: It is a work in progress, but it should be a net positive for the industry. The same rules, the same penalties, the same procedures can only help us. Finally, uniformity. Typical of our industry, it is very difficult to get everyone in the same room. HISA did that. Yes, there are lawsuits, and who knows what the outcomes will be. But for Oaklawn Park, if HISA were thrown out today, we would not change a single thing, as we had previously implemented most of the HISA rules anyway. We would maintain every rule, every penalty, and every procedure HISA has created.

Dennis Cornick, part owner of Flightline through West Point Thoroughbreds: HISA was originally created to implement, for the first time, a national set of integrity and safety rules that are to be applied consistently throughout the industry. This was their obviously much-needed mission statement and something that will be beneficial to the industry in the long-term. No individual should question the intent, need, and mission. What they have done well to date is to lay a foundation to hopefully reach their desired goals. Unfortunately this has been overshadowed by what I feel was poor planning, and a group that moved way too quickly out of the gate without stepping back and understanding the true consequences of decisions that were not well thought out. Communication was not a strong point, and the consistency objective seemed to take a back seat. Lessons learned will tell you that anytime an organization is embarking on a road that has never been traveled before, the question of unintended consequences of any and all actions is a primary consideration in its planning and implementation. No embryonic organization can take one step forward and two steps back and maintain credibility. Rebuilding this credibility should be a short-term focus, and run in parallel to any policy changes and enforcement. They did not at all consider the negative impact on the brand of the industry while trying to do the right thing. If they did, someone made some serious mistakes in judgement along the way.

Dennis Drazin, CEO and chairman, Monmouth Park: HISA has the potential to ultimately have the entire industry bound by a national regulatory process which previously operated state by state with no consistent uniformity. By expanding HISA to include safety, uniformity as well as drug and testing national guidelines, the racing industry has the ability to move the sport forward and restore the public faith in the legitimacy of the sport and the appearance of a level playing field designed to catch the cheaters. Unfortunately the biggest failures are the lack of funding, which is costing horsemen and racetracks significant obligations to pay the cost of the HISA /HIWU budgets. When Congress acted in December 2022 to pass amendments intended to cure constitutional concerns expressed by the Fifth Circuit, the amendments were attached to a trillion-dollar omnibus bill with no funding for HISA. In addition, several lawsuits challenging HISA’s constitutionality and attacking HISA have driven up the costs by millions of dollars in legal fees. Lastly I remain concerned that ultimately Lasix will be banned completely, instead of just stakes horses and 2-year-olds, and field size as well as the health of our horses will be affected.

Drew Fleming, president and CEO, Breeders’ Cup: By establishing rules and regulations across all states that are in line with international standards, implementing swift adjudication protocols, and launching a robust anti-doping and medication control program, HISA has established much-needed uniformity while providing the kind of fair and transparent oversight our sport desperately requires. Although Thoroughbred racing has a long and storied past, we know it will only have a bright future if we make safety and integrity our top priorities. HISA’s partnership with Palantir Technologies to create a data-enabled tool to assist industry stakeholders in identifying horses at risk for injury before they race is revolutionary and a key component of ongoing efforts to improve equine safety. We believe analyzing all types of data will give us a better understanding of root causation, which will enable us to further mitigate risk. Lisa Lazarus has also done a phenomenal job of seeking out meaningful input from a cross-section of constituents. Continuing to build upon the foundation that has been established, with safety and integrity as the cornerstones, will be crucial going forward. 

Jim Gagliano, president and COO, The Jockey Club: At long last, HISA has provided horse racing with national, uniform rules and protocols that are putting our sport on par with other national sports and with international racing jurisdictions. HISA has collaborated well with the industry, examples of which include its excellent websites and apps, regular townhall meetings, its horsemen advisory committee, ombudsman, and now the provision of pro bono legal services. Prior to HISA, what racing commission ever took on outreach like this? HISA keeps the public up-to-date with its press releases and newsletters, including sharing its accomplishments after one year and sharing its progress during 2023 and its goals going forward in the December newsletter. As to what can HISA do better? It needs to continually prove to all stakeholders that it is effective, efficient, and as transparent as possible.

Eric Hamelback (Denis Blake/HBPA photo)

Eric Hamelback, CEO, National Horsemen’s Benevolent and Protective Association: As you know, we believe that HISA is an unconstitutional law and as such any action taken with respect to its provisions is not within the boundaries of the law. Until the law is proven to be constitutional, there will be pushback and uncertainty. To date the unnecessary sweeping changes, along with HISA’s non-transparency, has meant only confusion and disruptions in the lives of horsemen and women in horse racing. HISA has brought about a universal recognition for the goal of uniformity across state racing jurisdictions – a mission pushed by the National HBPA for well over a decade. However, uniformity of bad rules does no one good. HISA has also shown racing participants that a blatant power grab by the elite members of the industry was possible. Now those participants know that they must be vigilant and work for the betterment of the industry by stopping HISA in its current form. HISA failed to consider the strong positive efforts already made within the industry and saw fit to incorrectly proclaim there was a need to start from “a blank sheet of paper.” If HISA would have utilized existing structures, relied upon tested scientific evidence, and taken advice from horsemen, I believe much of the chaos could have been avoided. And, yes, we do have a plan to make racing better and safer than under HISA: It’s the Racehorse Health & Safety Act.

Joe Harper, president and CEO, Del Mar: We’ve seen first-hand at Del Mar and in California the positive impact enhanced reforms and oversight can have on equine safety. For HISA, implementing these same reforms throughout the country has been a heavy lift, and obviously there have been some growing pains. Lisa Lazarus and her team have performed very well under some difficult circumstances. Based on the safety results in California over the last few years, I’m optimistic that a similar outcome can be achieved across the country under HISA.

Dottie Ingordo-Shirreffs, consultant, Thoroughbred breeding, racing, and management: Originally, HISA was presented to establish uniform medication rules for our industry. State to state, we were to have consistency. What it has done well is working to establish uniform medication rules and regulations. What it can do better is working with industry professionals to iron out requirements and costs of the program not initially detailed. Examples: confusion about the rules, the excessive paperwork required by trainers, vets, and staffs were not specifically outlined; nor were the discussions about penalties for allowable medications. Owners have been given more vet expenses for pre-work exams, etc. Testing levels are in question especially about withdrawal times for allowable and legal medications. Testing labs need to be uniform in levels and their presenting of results. Due process of an individual’s rights is important to prevent horror stories and peoples’ lives and careers being jeopardized. THIS needs to be corrected. Suddenly, unbeknownst to many, HISA’s voice began to encompass the entire sport, but knowledge that professionals have in specific fields needs to be recognized again and appreciated. We need to let the individual states have a voice, trainers train, vets practice, and the gamblers know we are working for their protection and consistency. To strengthen our entire sport, communication amongst a confederation of states is essential. We need to unite all the individual businesses involved in racing: owners, trainers, veterinarians, racing jurisdictions, etc., in our sport under one coalition. Working together is key!

HISA CEO Lisa Lazarus (Courtesy of Lisa Lazarus)

Lisa Lazarus, CEO, HISA: Implementing uniform safety and anti-doping rules for Thoroughbred racing across the country – for the first time in the sport’s history – has been a game changer, and we’re optimistic about what’s possible for the future of safety and integrity in racing if the industry continues to work together. That said, we hold ourselves to a high standard and certainly believe there are things we can and will do better going forward. In 2024 we are focused on: 1) continuing to collaborate with all industry participants, including racetracks, horsemen, breeders, veterinarians, and sales companies; 2) applying state-of-the-art technology to HISA’s vast and unique set of data to help solve some of the industry’s most pressing problems; 3) using user-friendly technology to ease administrative burdens on veterinarians and other racing stakeholders; 4) exploring additional funding mechanisms – both governmental and private – to reduce the financial burden of regulation on the industry; and, 5) ongoing education for horsemen, stewards, and racetrack personnel to ensure everyone understands HISA’s rules. I hope racing participants will agree that one thing we’ve done well so far is listen. When something in our rules isn’t working, we make a change. We’ve actively solicited industry feedback and have adjusted course several times to ensure we’re doing what’s in the best interest of equine athletes and treating all racing participants fairly. We will continue to take a collaborative approach in 2024 and beyond, and we encourage anyone with questions or concerns to reach out to us anytime.

Ed Martin, president, Association of Racing Commissioners International: HISA has the potential to be a major positive influence, but the jury is out as a quiet skepticism seems to grow. Anti-doping and fatality results so far track the system it replaced, despite new programs and expanded authority. In many ways the previous state-centered system was solid, although nobody argued that improvements were not needed to achieve common lab testing, uniform rules, and multi-jurisdictional investigations. It was rare for a commission to lose a drug case and the chain of custody systems all held up in court. HISA brought total uniformity to the rules, which is good. The expected consistency in testing is a work in progress as revealed by questions from the metformin cases. With all the Thoroughbred testing labs taking direction from one client, we should be there by now. But they’re working on it. HISA appears to be good at collecting data. How that connects to policies to safeguard our horses remains to be seen. They are working on that too. Initial missteps assuming people guilty until proven innocent hurt them immensely, as has a Gestapo approach to barn searches and provisional suspensions later dropped after someone has lost weeks and perhaps months of income. It’s un-American and not how to treat people. Nobody seems to have been fired for that doozy. HISA needs total transparency to gain public confidence. Public meetings and records access can allay fears of unequal treatment. Working with everyone, including one’s detractors, builds respect. The time for that is way overdue.

Dan Metzger, president, Thoroughbred Owners and Breeders Association: While the future of HISA is challenged in the federal court system, we must acknowledge that at present, it is the law of the land. With that in mind, TOBA, along with the Kentucky Thoroughbred Association, Thoroughbred Horsemen’s Association, and the Thoroughbred Owners of California, formed a coalition two years ago to address the rules and regulations proposed by HISA. The issues that HISA is addressing are very complex and difficult. The system of state-by-state regulation was obviously not working and a national approach was the best and only option remaining to address our sport’s failings. HISA was established to set a level playing field for all industry stakeholders, bring uniformity across all racing jurisdictions, and improve drug testing. There have been stumbles out of gate by HISA, and fortunately they are addressing some of these issues, but not all. HISA’s leading role in addressing racetrack safety is critical to protect our equine and human athletes and we commend them for this important work. Areas of improvement would include harmonization of drug testing standards at HISA-accredited labs, as this directly relates to integrity and fairness to all participants. 

Terry Meyocks (Anne Eberhardt/BloodHorse)

Terry Meyocks, president and CEO, Jockeys’ Guild: HISA brings national oversight to create uniform regulations and testing, which the industry was lacking. Our industry does not have a history of working well together for the betterment of the sport, thereby creating the need and opening the door for federal oversight. The method in which HISA was established and the rush to adopt and enforce the rules, coupled with lack of communication with the majority of interested parties, created many issues. In the beginning, HISA was overwhelmed and under-staffed. However, the Guild and HISA have now established a working relationship and are addressing many areas impacting the jockeys. The Guild has, and continues to be, adamantly opposed to the rule pertaining to the use of the riding crop and the fines and penalties that are assessed. The Guild believes there are more important, pressing matters than the riding crop. The Guild and HISA are working together to create mental health and wellness programs for jockeys, and hopefully eventually the rest of the industry. Uniform concussion protocols and a national medical database for jockeys have been established, as the Guild had been advocating to establish for over a decade. Through HISA, racetracks will be required to maintain certain standards pertaining to medical staff and emergency response protocols. HISA must continue to have direct dialogue and be receptive to the input provided by not only jockeys but with all respected industry parties in order to develop uniform rules that are fair, assure the wellbeing of our equine and human athletes, and protect the overall integrity of our industry.

Ron Moquett, trainer: Regardless of how it got here, it is here. HISA has attempted to provide some things all horsemen have wanted for years such as uniform rules and penalties. In the last year they have included horsemen in advisory positions, and I am hopeful that horsemen continue to have input on the issues that are so important to the industry and our livelihood. I believe the impact of the advisory group has been huge and will be seen more and more in the future. Remember, horse racing will not be saved by regulators alone. The industry has been carried throughout its existence by common sense horsemen who have a passion for the animal and sport.

Maggi Moss, owner: Any change in life and laws that affects us all is supposed to be turbulent. None of us like change, for it creates fear and unknowns. With that said, I think it is easy to forget how many different regulations we had and the disparity and dysfunction that created. We forget that drug infractions lingered on forever, some cases lasting five to six years with no resolution. We forget past discovery of dangerous designer drugs that harm horses, and even killed them. The past patchwork of regulations had inequalities of contaminants and nonsensical punishments and strict liability of “trainer responsibility.” We forget the outrage over blatant cheating with the (Jorge) Navarro and (Jason) Servis cases and how many owners and trainers lost enormous purses and wins to obvious cheaters. Perhaps, we also forget how many horses died horrific deaths. We also forget everybody was calling for change but inaction continued, for what seemed forever. HISA took over an enormous task that required uncomfortable change, all while having to fight a divided industry with lawsuits. HISA was brought forth due to inaction in the industry and a stagnant and unworkable attitude of a status quo that was not working. HISA has created a uniformity and known set of rules that applies to everyone, and continues to listen and change unworkable regulations. HISA had a set of congressional rules put in their lap, and is answering the industry’s needs to make change to make them workable. They are attempting to create a fair playing field which is imperative moving forward, along with a much needed protection of the horses and jockeys.

Graham Motion, trainer: This is something that I have felt the industry has been lacking for a long time, some kind of national standard/oversight, and there have certainly been growing pains. Some policies seem to have been put together hastily, perhaps under time constraints. I am disappointed that some trainers have been put through complicated situations that could have been avoided. As a trainer who serves on the committee I can say that when we bring up our concerns/ suggestions, most of the time we are listened to. Over time the problems may dissipate but they will never go away. This is complicated and we are dealing with animals in a far from perfect environment. I believe there are steps that can and should be taken in order to protect horsemen and women more. At the same time I am grateful for what is being done toward the safety and wellbeing of the horses and jockeys which was well overdue. To the knockers and naysayers, for the 30-plus years that I have been training, very little has been done to improve the integrity of our sport and that is how we got here. If you still don’t believe we need it, just watch what has been going on in West Virginia.

Mike Mulvihill, president, insights and analytics, FOX Sports: The very existence of HISA sends a positive signal to fans and regulators that the biggest stakeholders in the sport are taking equine safety with unprecedented seriousness. It’s unfair and unrealistic to expect perfect solutions in the first year. That HISA exists at all is a win for everyone who cares about the safety of the horse.

Joe Orseno, trainer, president of the Florida Thoroughbred Horsemen’s Association: While I am aware that HISA was created to help improve racing, there are still many problems. HISA created a set of rules, and then formed a committee to try and fix their rules. Unfortunately, the feedback from the committee is that HISA disregards any input from the committee. The formation of HISA has put a huge financial burden on the horsemen who are forced to cover their operating fees. These fees, in turn, trickle down to the owners and trainers. We are all well aware, that in any sport, there are always people who will try and get an edge over the competition. This is also true in horse racing, but the creation of HISA is not going to stop that. People who were cheating before HISA will find a way to cheat now. The addition of HISA has not seen a decrease in the number of racetrack injuries. When HISA first began, the horseman were told that it was to implement uniform drug rules. That is a reasonable goal and good place to start.

John Ortiz (Coady Photography)

John Ortiz, trainer: It’s a sensitive subject to any trainer. I want to promote safety and fairness in the sport. The idea is a good one. But there could have been a bit more preparation. It feels like rules have changed frequently and as a horseman who wants to do what’s best for the athlete, taking away some things because certain people abuse them is not the answer. At the end of the day we are still trying to manage the horse’s health and fitness. It’s good for the industry if we can all work together so we not worrying about our livelihoods being at risk all the time.

Dr. Mick Peterson, director, University of Kentucky Racetrack Safety Program: The dream of uniformity in regulations is being achieved. Moving forward, the regulation of horse racing will need to improve and the data will need to be assessed in a manner that can lead to improved safety and welfare for both human and equine athletes.   

Mike Repole, owner, commissioner of the National Thoroughbred Alliance: HISA is going to be very good for the industry. How we got to HISA is an embarrassment to the sport. We basically couldn’t self-police or come to an alignment on a national level. I’m against having so much government control, but this was forced upon us and in the long-term working with Lisa Lazarus and her people is going to be good. But Lisa and HISA need to surround themselves with more people who are in the industry – top trainers, owners, breeders, and track executives – because everyone has different issues. I do think they are willing to listen. I’ve always said when you open a restaurant you open for family and friends, and then have a soft opening, and then you open to the public. HISA just opened to the public overnight and they’ve made some mistakes and they lost some credibility and they hurt some people and some reputations. I’m disappointed in that. I warned them about coming out like that, but there’s no future in horse racing without HISA. The industry needs to work with them to make the sport better.

Tom Rooney, president and CEO, National Thoroughbred Racing Association: HISA has resulted in greater fairness and national uniformity across the sport of Thoroughbred racing. Prior to HISA’s implementation, the rules across the country were different in many jurisdictions and therefore often conflicting with each other. While some have argued for a return to disparate state standards, horse racing clearly effectuates interstate commerce and therefore, like every other professional sport, should have nationwide standard rules that level the playing field for the entire sport. While some of the implementation rollout was a little bumpy at times, I know that HISA is diligently working with its constituency to make the sport better overall.

Tom Ryan (Anne Eberhardt/BloodHorse)

Tom Ryan, managing partner, SF Bloodstock and Racing: Implementing uniform standards across a diverse industry has proven very challenging. I feel HISA has done a reasonable job overall, especially being flexible and listening to horsemen when regulations need to be adjusted to a more sustainable structure yet holding participants to the highest standards. There is a need for more transparency in the decision-making processes and communication to ensure stakeholders clearly understand the rules and regulations. Contamination and thresholds are topics that need immediate attention. Testing laboratories and requirements need to be held to the highest standard. Horses don’t live in a sterile environment, and as we know, there are an untold number of hands placed on each animal on any given race day. Contamination is happening nationwide; these cases need to be adjudicated by people with the best working knowledge of our industry. If we continue to test at the current levels, this issue will persist. Overall, I feel HISA is on the right track and has the scope to be transformative. It’s been a steep learning curve for regulators and participants. HISA needs to continue to reset in areas where the current regulations are not practical or sustainable. I would like to see HISA start to focus on racetrack surfaces as I feel this is also a very critical topic, building data and identifying where possible improvements can be made.

John Sikura, owner and president, Hill ‘n’ Dale Farms: The introduction of HISA as a regulatory body and oversight of equine safety has been problematic but not unexpected. Anytime you have such a massive overhaul of common practices, it takes much trial and error to get it right. I see the organization as a positive notwithstanding necessary changes being implemented, such as reining in overzealous enforcement and voluminous paperwork requirements of owners and trainers. We need the sport to be conducted as safely as possible and this agency has been granted the right of oversight so we have to help make it better.

Nick Tammaro, announcer at Sam Houston Race Park, handicapper: As a horseplayer, HISA has had no impact other than additional scratches. The task the organization has is daunting, but I do think a lot of what was laid out by leadership in Tucson (at the symposium) sounds promising. Everything they do is going to be met with a healthy dose of skepticism for the time being. However, I do think most people, regardless of their place in the game, ultimately want to see the organization successfully implement policies and procedures that limit the participation of at-risk horses, identify and wipe out crooked trainers, and provide some uniformity that we’ve severely lacked. Some of that uniformity has to come in the form of stewarding. Long before arguably the most embarrassing decision New York racing has ever seen in the (Dec. 16 Great White Way division of the New York Stallion Series Stakes at Aqueduct), there have been deep problems with inconsistency that hurts all stakeholders involved from horsemen to horseplayers. 

Najja Thompson, executive director, New York Thoroughbred Breeders: The implementation of HISA and HIWU has benefited our sport in working to provide a uniform set of rules and testing procedures in nearly every racing jurisdiction. Following the longstanding concerns from racing, bettors, and outside observers on the perceived actions of bad actors, especially following the private investigation that led to federal indictments and convictions, I believe HISA and HIWU not only work to further help keep our sport clean and safe, but as well on our overall social license to operate. Of course, the execution of HISA has not been without growing pains. However. I believe they have been transparent in their process and procedures while also being collaborative. Reaching out to include the feedback of horsemen and industry experts in advisory groups was not only smart but also shows their openness to ensure the federally mandated legislation is carried out fairly. Looking ahead, I think HISA will continue to improve and operate more efficiently. Hopefully that efficiency will also help to lower the assessment fee costs currently paid by horse owners and racetrack operators.

Elliott Walden, president, CEO, and racing manager, WinStar Farm: HISA had an up-and-down year. I think of the Teddy Roosevelt’s words, “It is not the critic who counts; not the man who points out how the strong man stumbles, or where the doer of deeds could have done them better. The credit belongs to the man who is actually in the arena, whose face is marred by dust and sweat and blood; who strives valiantly; who errs, who comes short again and again, because there is no effort without error and shortcoming.” Lisa Lazarus and her team are in the arena and moving us forward. What I really like about HISA is they are listening. They have adjusted their stance on numerous topics over the last year, and we have a voice. They will listen and adjust if they feel they need to. I am supportive of HISA. I would like to see a little more communication than just through an email or website with the industry. Sometimes, it feels like judgments are made and communication could be improved.

Note: TOBA and The Jockey Club (through a subsidiary) are co-owners of BloodHorse.