Saratoga race meet

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When will NYRA step up on the pandemic?

Posted by noonante on August 10, 2021
Posted in: Horse Racing, Political/Social commentary, Saratoga thoughts. Tagged: , , . Leave a comment

When even elected Republican leaders are starting to get religion on dealing with the increasing spread of Covid-19, how long will NYRA continue to ignore it? As I wrote in this post, NYRA had initially planned to separate the vaccinated and the unvaccinated, but changed prior to the open of Saratoga in favor of a policy of trusting the irresponsible to become responsible so they could get down on the double. So the track was open to all, with no restrictions, as if the virus were no longer a threat.

But the Delta variant of the virus has become an increasing threat both because of its higher level of transmissibility and the more serious consequences if one contracts it. According to the Albany Times Union, Saratoga County now is rated “high” in its level of community transmission. This prompted the county’s Public Health Services to recommend “that all people — whether fully vaccinated, partially vaccinated, or unvaccinated — wear a mask when … outdoors in crowded settings, and when engaging in activities that involve close contact with others who are not fully vaccinated.”

That sounds like a description of the rail on Whitney Day where the crowds were 10, 15 or 20 people deep, almost none of whom were wearing masks. With some 70 per cent of vaccinated folks in Saratoga, that would indicate the odds were that one of every three in that crowd were not vaccinated.

While this may not put Saratoga on the same level as a super spreader event as the Sturgis motorcycle rally, it doesn’t require a hundred thousand people for you to get the virus, it only requires one. NYRA is apparently content with doing nothing to minimize the risk of spreading a deadly infection.

Baffert court decision is a mixed bag

Posted by noonante on July 19, 2021
Posted in: Horse Racing, Political/Social commentary. Tagged: , , , , . Leave a comment

Wednesday’s court decision enjoining the New York Racing Association from banning Bob Baffert from racing or stabling at its facilities, including Saratoga, came as a major disappointment to the many racing fans hoping the trainer would finally face some accountability. While it is a short-term victory for the Baffert camp, the longer range implications are more troublesome for them.

NYRA suspended Baffert following the announcement that alleged Kentucky Derby winner Medina Spirit had tested positive for betamethasone, a medication prohibited in post-race tests in Kentucky. It was the fifth drug positive for a Baffert-trained horse in just one year, including three in Grade I races and a disqualification of Gamine — for the same drug — in last year’s Kentucky Oaks. Churchill Downs has suspended Baffert for two years from running at its track, although the Kentucky Horse Racing Commission has not yet made a final determination on this year’s Derby.

I am among those hoping that NYRA’s suspension would finally bring a measure of accountability to a trainer whose smug disregard of racing’s rules stands in stark contrast to the many top trainers who are able to win without cheating. When I praised NYRA in this post, I was writing as a fan. Unfortunately, my background as a lawyer, including experience with due process cases, should have informed me that the NYRA decision was problematic.

The United States District Court judge considering the case wrote an informed and comprehensive decision, and did it against a timeline of the Saratoga meet about to begin. The hearing in the case was Monday, and within two days she had issued a 28-page well-reasoned opinion.

The purpose of an injunction is to retain the status quo in a dispute while the merits of the case are litigated, utilizing the procedures designed to reach a just and informed decision. It is not a final decision on the underlying merits of NYRA’s suspension, but practically it is final on the more limited question of whether NYRA must give Baffert a hearing on whether he should be suspended.

Baffert’s attorneys argued that NYRA is a “state actor” and, as such, could not deprive Baffert of his right to participate at NYRA facilities without affording him the “due process” right of a hearing as guaranteed by the United States’ Constitution. NYRA argued that it was a private, not public, entity and could act as Churchill Downs did in barring Baffert without a hearing. Baffert further argued that only the New York Gaming Commission had the authority to suspend Baffert, and that NYRA had no such ability.

While the Court concluded that NYRA was indeed a state actor and subject to the requirements of the Constitution’s due process provisions, it also decided NYRA had the authority on its own to take action against Baffert: “it is not likely that Baffert will be able to prevail on his claim that NYRA had no legal authority to take the action that it did.” This represents a major defeat for Baffert.

It is not surprising that Baffert’s attorneys sought to get the case into the Gaming Commission. This body is not what would be considered the one of the world’s greatest deliberative bodies. It has been mulling over possible changes to the usage of the whip since 2015 (sic) and in October, 2020, had a special meeting to resolve the matter — as so many other jurisdictions have done (albeit not uniformly). They are now approaching six years without doing anything since they first decided to do so. It can take years to resolve trainer disciplinary matters. If Baffert’s attorneys ever listened to one of the body’s eight-minute long meetings disposing of a half-dozen agenda items with no discussion they had to salivate over the possibility of getting his case there.

As unsurprising as the effort by Baffert to get the case to the moribund Gaming Commission was, it is puzzling why NYRA’s attorney sought to deny Baffert any form of a due process hearing. In a case as fiercely contested case as this one is, the easy out for a court — and I am not suggesting that was this Court’s motivation — is to require a hearing and later decide whether a suspension is justified without a claim of deprivation of a constitutional right clouding the important matter.

So NYRA should give Baffert a notice with specific charges and then schedule a hearing. While they may have been averse to a hearing for reasons that escape me, putting Baffert under oath on this and prior transgressions has its own benefit. As just one example of a possibly fruitful avenue of inquiry — and one that is clearly relevant — is the level of scrutiny he applies to treatments by veterinarians.

Baffert has escaped meaningful consequences for far too long. The Washington Post detailed the efforts he has undertaken over the years to minimize his transgressions. That he has become the face of horse racing is a great disservice to the trainers and owners who have tried to do the right thing. It also jeopardizes the livelihoods of the many thousands of individuals who are dependent on the racing industry and have no connection to his behavior or that of other industry scofflaws.

Baffert, Covid and NYRA

Posted by noonante on July 8, 2021
Posted in: Horse Racing, Political/Social commentary, Politics. Tagged: , , , , , , , . Leave a comment

The New York Racing Association is to be commended for their actions in barring Bob Baffert from entering races or stabling at NYRA tracks including Saratoga Race Course. In its legal brief opposing Baffert’s motion for an injunction, NYRA encapsulated its position succinctly:

“Medina Spirit’s positive test marked the fifth time in the past year that a horse trained by Plaintiff tested positive for drugs, with the prior four drug-related violations culminating in fines imposed for regulators in three states. Rarely in the history of the sport has there been such a confluence of drug positives involving so prominent a trainer as Plaintiff.” (Emphasis in original.)

It may be long overdue, but race tracks are clearly wearying of Baffert’s standard shenanigans. When Churchill Downs barred him from racing there for two years, it cited his “increasingly extraordinary explanations” for his spate of positives. The NYRA brief noted his “history of drug-related violations” and his “contradictory statements” on the Medina Spirit positive.

It perhaps also reflects a realization that racing has nothing to gain from retaining Baffert. He has for many become the face of racing. That is partly a reflection of his success in the Kentucky Derby and his attraction to all forms of media. It is also, most regrettably, the reality that there is no other national face of racing. Quick — who becomes racing’s face if we should be so lucky as to never have to deal with Baffert again?

We also cannot lose sight of the fact that the drug for which Medina Spirit (and last year’s Kentucky Oaks filly Gamine) tested positive is betamethasone. The veterinarian cited in NYRA’s brief testified that the medication’s “ability to mask injuries can lead to ‘catastrophic injury,'” resulting in safety issues for both the horse and the jockey. It also compromises the public perception of the fairness of the race and the integrity of the sport.

As much regard as I have for NYRA’s leadership position in banning Baffert, albeit perhaps only temporarily, it does not carry over to their constant reluctance to be transparent on other issues. The Daily Racing Form‘s Matt Hegarty reported that NYRA had banned a veterinarian, whose clients include some of New York’s top trainers, from Belmont Park on Thursday recently, but reinstated him the next day. NYRA’s spokesperson “declined to offer details about the reason behind the decision.” Perhaps when you have your lawyers arguing in court about the importance of the public’s confidence in the integrity of your operations, you owe that public a fuller explanation. This is particularly so when the biggest non-Baffert racing story are the federal indictments of two formerly prominent trainers and several veterinarians being tried in the federal court a short hop from your New York base.

Then there is NYRA’s approach to dealing this year with the pandemic and Saratoga’s upcoming meeting. Last summer, of course, racing went on but spectators were not permitted. This year, it is back to full capacity with no real restrictions related to the deadly Covid-19 disease. I understand that Governor Andrew Cuomo will pull out the stops to distract from aspects of his mishandling of Covid, as well as multiple allegations of sexual harassment, but his latest victory tour (following his book debacle) smacks more of desperation than sound public health policy. I mean having fireworks displays to “celebrate” the ending of most restrictions when some of those fireworks are exploding over the sites where as recently as May corpses were still being stored in refrigerated trucks is more than tasteless.

The original plan was to have separate areas for the vaccinated and the unvaccinated, with proof of vaccination required if one wanted to go to the vaccinated areas. That seemed to make sense and serves both a protection for individuals with compromised health issues and an inducement to get vaccinated.

That’s now gone, and those who are not vaccinated will be “encouraged” to wear a mask. Uh-huh. I am guessing that unvaccinated people include a high percentage of those who have refused to wear a mask since this began early last year. According to the Governor’s figures last Friday, 64.6 per cent of New Yorkers (18 and over) have completed their vaccine regiment, and 70 per cent (18 and over) will have started.

What that means is that if you go the races at Saratoga this summer, one of every three persons you encounter will not be vaccinated. Now I understand there are a number of people who have not been vaccinated because of access issues (such as unable to get to a site) or have workplace issues (such as an inability to get time off). It seems obvious, however, that if you are at a racetrack in Saratoga Springs and are not vaccinated, those access issues do not apply to you. So we are left with those who have health conditions preventing them from getting a vaccine, and those without any sense of personal or civic responsibility. And one of three people you encounter is in that group. And I suspect that few health-compromised individuals will risk the high rate of exposure from encountering the irresponsible.

But why should anyone unwittingly expose themselves to persons so irresponsible as to not get a vaccine that protects both them and their community from infection? It is surprising that a state that rightfully can be proud of its response to reducing the risk over the past 16 months is now willing to throw that away on the mistaken view that everything is fine and back to “normal.”

NY response to Spa deaths is PR nonsense

Posted by noonante on August 23, 2017
Posted in: Horse Racing, Political/Social commentary, Saratoga thoughts. Tagged: , , , . Leave a comment

Saratoga Race Course has witnessed a disturbing number of equine fatalities this meet.  Since racing began on July 21, eight horses have had catastrophic breakdowns while racing, and seven six more died while training in the morning.  It has been the cause of considerable consternation on the back stretches, and among fans and the media.

On Monday, the New York State Gaming Commission and the New York Racing Association issued a press release announcing they were “implementing additional actions immediately” at the track to address the health and safety concerns.  The release was five pages long (single-spaced), apparently in an attempt to convince the public that serious attempts were being made to address a crisis in public confidence.

It announced one new action being taken by the bodies responsible for the conduct of racing:  an additional veterinarian was going to be assigned to the track during training hours, “doubling” the number of vets who witness the morning training conducted on two tracks.

I must admit that I do not know if having a vet present during training is a good idea, but I assume it must be.  If that is the case, why has it taken the Gaming Commission and NYRA so long to take this step?  If you have been to the main track and the Oklahoma training track in the morning, you know that one person could not cover both facilities.

The only other new action being taken is the decision by the National Steeplechase Association —  not the Commission or NYRA  —  to ban apprentice riders from steeplechase events at both Saratoga and Belmont.  That decision was announced in a one-sentence policy announcement by that organization with no explanation or rationale.  That it applies only in New York indicates that this it is a panicked reaction to create the inaccurate impression that something is being done.

All the other “additional measures” are steps that have already been taken, which is not to diminish their significance.  The press release was reminiscent of one of my efforts in college to throw together a bunch of unrelated topics for a term paper under the sophomoric view that the professor would not recognize bullshit when he saw it.

The cause of fatalities is a complicated one, and there are many possible explanations ranging from track conditions to undetected physical issues to irresponsible use of drugs.  New York has implemented a number of steps in recent years to enhance the safety and welfare of horses.  Dr. Scott Palmer, New York’s Equine Medical Director, chaired a Task Force in 2012 that produced a landmark report identifying a number of steps that should be taken to improve the health and safety of both equine and human athletes.

Dr. Palmer also chaired a group that reported on 2014 Saratoga fatalities, recommending additional steps to enhance safety.  My memory is that the Gaming Commission reported that he was writing another report of 2016 fatalities, but the Gaming Commission has refused to answer my questions about whether there is such a report.  The Monday press release states that another investigation is being conducted on this year’s breakdowns, but the Commission refused to answer my questions about whether that would generate a report.

There is little secret in why the Gaming Commission and NYRA issued this press release now.  The Travers is the signature event of New York’s summer racing.  Media outlets that care little about digging into a complicated story will relish reporting on the number of fatalities, because that is simple.

But putting out a release trumpeting “immediate” and “additional” steps that are neither, undermines the credibility of New York racing, particularly when the claims can be so easily debunked.  As Rick Violette, Jr., President of the New York Thoroughbred Horsemen’s Association, said:  “The litany of programs and initiatives and safety measures are only impressive when they work.”

 

Only 317 days until Opening Day

Posted by noonante on September 6, 2016
Posted in: Horse Racing, Political/Social commentary, Politics, Saratoga thoughts. Tagged: , , , , . 1 Comment

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The morning after Labor Day is a bittersweet one.  Entire barns are already empty and the energy level is down significantly.  But the Spa backstretch remains a magical one.  Beautiful scenery, the early Adirondack autumn air and, of course, horses make for an unbeatable combination.

Some final thoughts:

The total handle was encouraging.  Last year was a record and this year was close to the same level.  That despite last year having ideal weather, fewer races coming off the grass and, needless to say, the excitement created by American Pharaoh’s presence.  One major jolt was the late Pick 5 on the last four days.  I had never paid attention to the handle on the early Pick 5, which is also significant, but was staggered by the size of the late one.  The Saturday card generated $980,000.  The Pick 6 pool for the day was $200,000 (also an amazing number).  The Pick 5 also allows a 50 cent bet which has to be a major factor in driving the handle.  Here’s hoping NYRA continues with this experiment at Belmont.

Attendance figures are meaningless.  NYRA reported a figure of 1.1 million, an increase of 5.4 per cent over last year.  Since they count season pass holders as being here even if they are on a Cape Cod beach, and double count ticket holders with a pass who do show up, why bother even reporting a number?  It used to be the only questionable attendance figures were on giveaway days.

There were many complaints about field size and racing quality.  I am working on an analysis of field size, but there seemed to be a bunch of five- and six-horse (or fewer) fields.  Also, a seeming surplus of low-level claiming and 5 1/2 furlong turf sprints.  Yesterday’s opener, for example, was a $12.5 claimer that scratched down to four horses.  I think, however, that the NYRA Racing Office is not carding such races to irritate horse players but, like most of us, would prefer full fields of stake and allowance horses.  But where are they going to get them?  After all,the purse structure and state breeding program may well be the most generous in the nation.

Gabby Gaudet is a breath of fresh air for a stale product.  I stopped the automatic use of the mute button when NYRA added Gaudet to their team of broadcast analysts.  I’m not the only one who started to enjoy the on-air handicapping when she was paired with long-time analyst Andy Serling and was obviously not overwhelmed by his self-perceived genius.  There is also the hope that Serling will realize that his not-too-subtle and constant sniping at Gaudet is doing nothing to enhance his appeal.

There are good food options at the track.  The Shake Shack is hardly a surprise and a frequent choice.  On the last day I discovered the wood-fired pizza, which will also be a frequent choice if they return.  There are the Saratoga Chips.  Druthers has a small stand near the escalator and provides top-quality beer brewed about a mile from the track.

And the Spa is the Spa.  There is nothing better than a morning on the backside followed by a summer afternoon on the front side.  I think NYRA’s management is commendably trying to come up with new things, but sometimes it is just better to step back and realize what a priceless experience is already there.

Some thoughts on the Spa meet

Posted by noonante on September 2, 2016
Posted in: Horse Racing, Political/Social commentary, Politics, Saratoga thoughts, Uncategorized. Tagged: , , , , . 1 Comment

The meet is inexorably winding down, but the last week restores a measure of peacefulness as outfits start to move out and traffic behavior returns to a more sane level (i.e., fewer NYC or Boston drivers).  Some observations:

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The “Big Day” concept took a hit on Travers day.  The notion of packing a bunch of Grade I stakes on a single day was designed to ensure a high handle even if a marquee star  –  a potential Triple Crown winner or actual winner  –  isn’t going to appear.  Last year, of course, American Pharoah won the Belmont and ran in the Travers.  With no superstar in this year’s Travers, attendance did not hit NYRA’s self-imposed cap of 50,000 and handle was down 9 per cent from 2015.

What NYRA loses when it loads Grade I’s onto a single card is the ability to promote other stars of the sport and grow fan interest.  When it’s the Travers, a Flintshire or a Lady Eli isn’t going to fit NYRA’s promotional agenda.  But you have a turf star and an undefeated filly who survived a life-threatening illness to come back after a break of over a year.  Each could have been the object of a marketing campaign that might have produced buzz on a day other than the Travers.

Speaking of buzz, the Travers had none.  Now when you have a Triple Crown winner drawing 15,000-plus for a gallop the day before the Travers, one cannot expect a repeat the following year.  This year, however, there was no danger of a sell-out.  Even hotels were available Travers week.  NYRA’s imposition of a cap may have deterred many who would have come had they not worried about being shut out.  (For last year’s Belmont Stakes, NYRA announced it would not sell tickets at the gate even if their self-imposed cap of 90,000 had not been reached.)

The Travers is an event that will draw a substantial crowd whether there are six other graded stakes on the card or none.  The handle from a stakes-heavy card, however, is going to be substantial when off-track bettors are added in.  NYRA is missing an opportunity to draw interest when the Grade I events are put on a single day instead of being spread across the calendar.  There was a time not too long ago when every day at Saratoga was a big day.

NYRA has done a great job improving living quarters for back stretch workers.  I guess I am paying more attention to the Oklahoma training track now that I have a couple of horses over there.  I knew about the new dormitories that were built recently, but missed the refurbishing of existing dorms.  I haven’t been inside them, but the exterior structures and the addition of air conditioning are a commendable improvement by NYRA to improve the conditions of those who are with the horses 24/7.

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NYRA needs to work on its treatment of trainers.

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This sign is along the rail at the Oklahoma Training Track in an area used by trainers and owners to observe their horses working out.  In late morning it becomes a parking lot for fans.  When I was there Wednesday at 9:30  –  as fans were arriving and training hours were coming to an end  –  there were all of eight cars that presumably belonged to owners or trainers.  The sign is obnoxious and rude.

Most trainers  –  not the Bafferts, Pletchers and Browns  –  have small operations and are struggling to get by.  They are often at their barns from sunrise to sunset.  If they could park closer to their barns, they rather obviously would, so the sign is not necessary.

There is another issue, however, that rankles trainers even more.  NYRA seemingly cannot produce timely condition books.  For those not familiar with the term, a condition book is a schedule of the races NYRA intends to run over a period of several weeks.  It is a most essential tool in planning the training of a horse since it enables the trainer to pick out a race and train his charge accordingly.  NYRA, however, is notoriously late in releasing them.  The Belmont meet is a week away.  The condition book was just released on Tuesday.

It’s time for Chris Kay to stop talking about his museum.  At this year’s Jockey Club Round Table  –  a prominent national forum  –  NYRA’s CEO was a featured speaker.  In describing NYRA’s capital improvements, the first two he identified were his own creations,  the so-called Walk of Fame incorporating the Red Jacket winners and the Durkin Replay “Center.”  The Durkin Replay “Center” is a monitor affixed to a pillar in a bar.  The Red Jacket ceremony is a superfluous event recognizing people who are in the Hall of Fame located across the street.  This year’s Red Jacket ceremony was an interminable production between races that delayed the start of the next race.  No one goes to the Walk of Fame.

While this presentation was embarrassing in its own right, it was particularly so when compared to the talk of Winfried Engelbrecht-Bresges, CEO of the Hong Kong Jockey Club, describing the remarkable changes brought by that organization’s management.  While Kay boasted of bringing the Goo Goo Dolls to perform after the races on Belmont Stakes Day, Hong Kong markets a Wednesday night card to attract a younger audience and draws 18,000 to one of its tracks.  It has also dramatically increased handle  –  or, as they refer to it, “turnover.”

Will NYRA start counting cats in the attendance figures?

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Final thoughts from the Spa

Posted by noonante on September 15, 2015
Posted in: Horse Racing, Political/Social commentary, Politics, Saratoga thoughts. Tagged: , , , , , , . Leave a comment

The Saratoga experience is a unique one.  It’s only been a week since the meet ended, but it seems like a distant memory.  Yet, the first time I walk through the gates next year, it will be as though I never left.  Here are some final observations:

  • By most measures, a hugely successful meet.  The wagering handle was up significantly from last year, the weather was glorious, and there were many excellent races.  There were full fields and challenging cards.  The number of Pick 6 carryovers is a testament to the competitive nature of most days.  One troubling indicator, however, was the attendance over the last half of the meet.  While NYRA touted total attendance of more than a million, they could only arrive at that number by counting the thousands of season pass holders that did not show up on a given day.  They falsely inflated last year’s attendance in the same way, adding the number of unused season passes to each day’s turnstile count.  In 2014, there were a total of about 6,400 season passes sold;  this year there were about 8,400.  So when the NYRA announced attendance  –  again, not the actual attendance  –  was lower on most days than last year’s figure for the last 20 days, that should cause alarms to go off.  It may be for the rest of us, but probably not for those in the executive suite who believe their own nonsense.
  • Highlight of the meet:  For me, it wasn’t any race, but an experience.  I left my house an hour before American Pharoah’s scheduled gallop over the track, figuring I could park in my usual spot near the Nelson Avenue backstretch gate.  After going two blocks and seeing the streets packed with parked cars and throngs heading in the track’s direction, I gave that plan up, parking farther away than if I left the car in the driveway.  The reported attendance in the grandstand was about 15,000.  On the backstretch there were thousands more.  There were lines ten deep at the backstretch snack bar  –  longer lines than I saw at clubhouse betting windows on Travers day.  All this to watch a horse jog, then gallop, two times around the track.  While we sometimes forget what got us hooked on this game, it is obviously the horse.
  • Say what?  Perhaps the most interesting thing I heard on the backstretch several times was the idea that Anthony Bonomo would  –  or should  –  resume chairing the NYRA Reorganization Board.

Bonomo was the last Chair “recommended” by Governor Cuomo following the departure of David Skorton to head the Smithsonian.  Shortly after his election by the Board, Bonomo was apparently implicated in the federal indictment of former Senate leader Dean Skelos and his son Adam, and then decided to suspend his participation in Board activities.  I say “apparently” because Bonomo is neither charged with a crime, nor is he even mentioned by name in the indictment.

Even though he is not named, numerous reports have identified Bonomo, who is the head of a medical            malpractice insurer, as the entity identified in the indictment as having given Adam Skelos a no-show job in order to secure favorable legislative treatment benefitting the insurance company.  To my knowledge, Bonomo has never denied being the individual identified in the indictment, and he did leave his position in charge of a major governmental body that oversees racing at New York’s three big tracks.

Setting aside whether he would be a good pick as Chair, there are two significant problems with his returning if, indeed, he is the figure identified in the indictment.

The first is that even though he is neither charged in the indictment nor named in it, his alleged involvement is troubling.  One of the offenses with which the senior Skelos is charged is “soliciting a bribe” from the malpractice insurer.  The indictment alleges that a bribe was made by the insurer  – giving the son a no-show job in the hope of favorable legislative action.  The necessary corollary of that allegation, of course, is that the malpractice insurer bribed a prominent political figure.

The insurer not being charged with a crime seems to be consistent with the approach taken by United States Attorney Preet Bharara in both this case and the indictments against Skelos’ counterpart in the Assembly, now-former Speaker Sheldon Silver.  He is apparently not charging significant  –  and possibly culpable  –  figures in the hope of landing the big fish.  In the Skelos case, the Complaint providing the probable cause to arrest Dean and Adam Skelos alleges there are two “Cooperating Witnesses” who have entered non-prosecution agreements with the government in exchange for their continuing cooperation.  Obviously, one would need a non-prosecution agreement if there is potential criminal liability.  These witnesses are related to other allegations against the Skelos’ and not to those pertaining to the malpractice insurer.  The second indictment fleshed out the allegations relating to the malpractice insurer.  The level of detail strongly suggests that there are cooperating witnesses from the insurer, even though they are not identified as such.

I once again emphasize that Anthony Bonomo has neither been charged with a crime nor even identified in the Skelos indictment.  But if the resolution of that case concludes that he was indeed providing benefits in exchange for anticipated favors, it seems unlikely the Governor would allow him to resume as Chair.  It is perhaps the height of irony that Bonomo began serving on the NYRA Reorganization Board  –  created by the Governor purportedly to restore public trust  –  at the same time the indictment alleges that Adam Skelos began his no-show job with the malpractice insurer.

The other troubling aspect of Bonomo’s appointment are the reports that he was a substantial contributor to one Andrew Cuomo.  I realize there is nothing wrong with this in the sense of “legally wrong,” but is this the perception that an Administration that has touted its reform of racing  –  leaving aside whether there is any merit to that claim  –  wishes to pursue?

Spa attendance in precipitous fall

Posted by noonante on September 4, 2015
Posted in: Horse Racing, Political/Social commentary, Politics. Tagged: , , . Leave a comment

The numbers of people passing through the turnstiles at Saratoga Race Course is declining dramatically from last year’s actual attendance figures.  In just the last four days, attendance is down 39 per cent from the comparable days last year.

Because seemingly nothing with the New York Racing Association is as they say it is, it takes some explanation for how they count attendance.  Last year, after the meet started and actual attendance was showing some disturbing figures, NYRA decided to add to the real figures the number of season passes that were not used that day.  Approximately 6,400 season passes were sold last year.  Comparing the actual turnstile count with the attendance reported by NYRA reveals that only one of every six pass holders attended the races on an average day.  Over the last 34 days of the meet for which NYRA had this imaginative accounting, the attendance reported by NYRA exceeded the actual attendance by 179,345.

This year, NYRA sold even more season passes;  the last number I saw was about 8,400.  They also changed the way advanced reserve seating is handled.  In years gone by, a reserved seat ticket was not used as admission to the track.  One had to pay separately.  This year, the ticket gets you in without a separate charge, although that admission charge is figured into the price of the ticket.  I suspect that now the number of advanced reserved seating tickets that are not used on a given day is now also added to the actual attendance.  NYRA did not respond to my inquiry on whether this was indeed their practice.

So, in an effort to figure out how many people are actually going to the track on a given day, one must discount the attendance reported by NYRA by both the number of unused season passes and the number of unused reserved seat tickets.  Assuming the same level of usage by 2015 pass holders as by 2014 pass holders  –  five of every six do not attend on average  –  the reported attendance should be reduced by 7,000 each day.  If we then assume that 1,000 reserved seat tickets are not used each day, we would then reduce the NYRA reported attendance by a total of 8,000 to get to an approximation of the turnstile count.

That’s where it becomes disturbing if one is concerned about the appeal of racing in general, and the country’s marquee meet in particular.  Since day 17 of the meet, estimated actual attendance is below the comparable day for last year on almost every single day.  Recently, it has been in a free-fall.  I omitted comparisons on Travers day, give-away days and one day this year for which I do not have a number.

For the remaining 15 days, the 2015 attendance was greater than 2014 on only two occasions.  Starting around day 20, the drop-off was generally in the range of 3,000.  But on days 26 and 28, however, the decline was about 8,000 each day.

In the four days since the Travers, the decline has been stark.  In 2014, a total of 56,583 passed through the turnstiles.  My estimate for this year, however, is that only 34,701 did  –  a decline of 39 per cent.

Numbers such as these should cause a sentient Board of Directors to start asking questions.  This is a year when the weather has not been a factor.  Is it the constant price increases and monetizing of anything that walks?  (How ironic is it, by the way, that New York’s Gaming Commission fined American Pharoah’s jockey $15,000 for wearing the name of an advertiser  –  and his own name  –  on the clothing he wore in the Travers?)  Is it the persistent disregard of the long-time fan in order to benefit those with money to burn?  Is it the constant disregard of the Saratoga community  –  whether it be the canceling of the Open House or the moving of give-away days to a Monday and a Wednesday?

NYRA CEO Chris Kay has actually said that the measure of Saratoga’s success is not in attendance figures, but in hotel occupancy taxes.  It is difficult to see how that level of obliviousness is going to provide an answer to the serious questions facing NYRA.  We can be sure, however, that the end-of-meet press releases from NYRA will be filled with their usual level of self-congratulatory nonsense.

The 2014 attendance figures are from NYRA.  The 2015 reported attendance figures on which I based my calculations are from The Saratogian’s Pink Sheet.

Stewards’ decisions in New York are an embarrassment for racing

Posted by noonante on July 28, 2015
Posted in: Horse Racing, Saratoga thoughts. Tagged: , , . 2 Comments

In two of the three graded stakes run at Saratoga this weekend, the winner was decided by the Stewards’ disqualifying the horse who crossed the finish line first.  By their nature, DQ’s are going to be controversial since the losing bettor is often disgruntled.  The New York agency that regulates gambling announced in May that it would publish the reasoning of the Stewards to promote transparency and integrity in racing.  Unfortunately, the published decisions are anything but transparent.

In Saturday’s Grade II Sanford, Magna Light was leading down the stretch before sharply veering out from the rail, crossing in front of his rivals.  He then moved back in towards the rail, again crossing in front of those chasing him.  There did not appear to be any contact, although it looked like Percolator may have checked when the leader made his second move..  Magna Light finished 3/4 of a length in front of Uncle Vinny, who was 1/2 length ahead of Percolator.  The “inquiry” sign flashed, and Percolator’s jockey lodged an objection.

It was not clear to me which of Magna Light’s deviations from running straight was the problem, although the jockey’s objection would indicate he thought it was the second move.  In my opinion, however, I did not think the winner should be DQ’d.  (I did not have a wager on the race.)  The Stewards disagreed, placing Magna Light third and moving Uncle Vinny to first and Percolator to second.

Here is the actual text of the Stewards” ruling from NYRA’s web site:

Race 9: Steward’s Inquiry and Jockey’s Objection:  Kendrick Carmouche, the rider of # 10 Percolator, lodged an objection against the winner, # 4 Magna Light, for alleged interference in stretch. # 4 Magna Light racing on the lead shifts out several paths after passing the 1/8 pole. # 10 steadies briefly though # 4 is clear when crossing.  # 4 then drifts back down toward the # 10 in the final strides causing # 4 to steady.
# 4 finishes third, beaten a half-length for second.
After reviewing the race videos and speaking with the riders involved, # 4 is disqualified from first and placed third, behind # 10.
The Stewards obviously did not bother to proof read their decision since they twice referred to the #10 horse (Percolator) as #4.  More significantly, of course, is that there is no explanation for their decision.  Was it the first move by Magna Light that was the problem, or was it the second?  Did it affect the outcome of the race, or was he being penalized for interference even though it did not affect the final result?  (The Gaming Commission, NYRA and The Jockey Club each appoint a steward.)
When New York’s Gaming Commission ballyhooed its decision to publish the Stewards’ decisions back in May, it said the decisions of stewards would “include detailed explanations of any rulings, inquiries, claims of foul and more.”  The Commission further stated that the votes would be published  – whether “unanimous or majority-ruled.”  Clearly, neither was done here.  There is also nothing in the decision that is not already known to anyone who saw the race  –  except, of course, for the conclusion.
The Saturday ruling, however, is the norm for every decision emanating from the stewards since the May announcement of the Gaming Commission.  Sunday’s decision elevating Curalina over I’m a Chatterbox is similarly devoid of even a hint of an explanation or the voting breakdown of the stewards.  At least in that case, one can assume the winner’s bumping Curalina near the finish was the reason for the DQ.
The idea behind making the reasoning transparent, of course, is that fans and bettors should not have to assume.  The Commission’s May press release highlighted the importance of promoting integrity in racing, but when you do not know the actual reasoning underlying a decision, it weakens confidence in the sport.
Todd Pletcher coincidentally was the beneficiary of both DQ’s, having trained the official winners.  The conspiracy theorists are already claiming that was the real basis for both decisions.  An owner of Magna Light reportedly asserted that the Mexican heritage of trainer Rudy Rodriguez was the basis for that decision.  They have appealed the DQ to the Gaming Commission.
While I think the speculations on the “real” reason for the DQ’s are ridiculous, the Stewards did themselves no favors by putting out a meaningless explanation that made little sense.  Unfortunately, it is also another example of New York’s racing officials putting out press releases that have little connection to reality  –  yet another blow to the goal of fostering integrity.

This NYRA can’t be trusted on track changes

Posted by noonante on June 29, 2015
Posted in: Horse Racing, Political/Social commentary, Politics, Saratoga thoughts. Tagged: , , , . 5 Comments

Monday is the deadline for commenting on the significant structural changes being proposed for Saratoga Race Course.  It has become clear that the current NYRA leadership, through a lethal combination of arrogance and obtuseness, cannot be trusted with the future of one of the nation’s most hallowed sporting venues.

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The deadline is occasioned by an environmental review process under a New York law known as SEQRA.  The NYRA web site has the complete description of the project that would make the following dramatic changes:

  • A permanent structure built on the other side of the horse path that runs next to the end of the current club house.  It would replace the tent and the temporary modular boxes that have been used in recent years.
  • A new picnic table area along Union Avenue, replacing the parking area now used by owners and trainers.
  • A “Top of the Stretch Club” to be built at the end of the grandstand, intended “to attract a younger crowd to the Race Course.”
  • Moving the jockey quarters from the administration building to the Paddock.

While there are a host of other changes  –  many of them necessary or desirable  –  these are the ones that would be most noticeable to the fan.

What is striking about the document called the Draft Generic Environmental Impact Statement  –  the SEQRA DGEIS, for those addicted to acronyms  –  is that it institutionalizes the separation of the well-off from the “commoner.”  Thus, the clubhouse extension would be a “high-end hospitality venue” with “higher-end amenities.”  Changes to the existing clubhouse would provide a “higher-end entertainment experience.”  Changes to the other end of the grandstand are designed to attract a “younger crowd to the Race Course by providing a more casual atmosphere.”  And, of course, the picnic table area is being moved farther away from the paddock, grandstand, horses, and those looking for that “high-end” experience.

This separation of the well-off from the unwashed masses is consistent with the philosophy of this NYRA Board, spearheaded by its leader CEO Chris Kay.  Last year’s modest admission and parking increases were controversial with the Board, although Kay ended up prevailing.  That paved the way this year for charging for the picnic tables near the paddock, as well as creating new areas in the Carousel for which NYRA is also charging a fee.

Kay and his “Chief Experience Officer” present these changes as a benefit to fans.  By paying to reserve a picnic table, you don’t have to wait for the gates to open and then race to secure a spot  –  a tradition that I never heard anyone complain about.  NYRA cancelled the Open House held on the Sunday before the meet begins.  It was a free event that drew thousands, including many families with young kids.  The Chief Experience Officer reportedly said that the local non-profits that benefited from this event complained that it was too much work for little gain.  I asked NYRA what non-profits had said they would not participate this year.  NYRA did not respond.

When Chris Kay announced his “Red Jacket” program that would honor Saratoga greats with a permanent plaque and, presumably, a red jacket, I thought it was hokey, but harmless.  It became not harmless, however, when Kay decided to cut down a half-dozen trees in the backyard to make way for the new structure now being built near the Carousel to house the “museum” for the red jacket recipients.

Since the DGEIS is intended as the blue print for changes to the Race Course, I went through it to see how Kay’s self-tribute was described.  It was not mentioned.  Even though the DGEIS identified certain “background projects” that did not have to be included  –  such as routine maintenance or repairs to existing projects  –  it did so anyway.  But Kay’s vanity project  –  kind of an over-sized Saratoga doll house  –  is neither listed as a new structure nor a routine event not subject to SEQRA.  I asked NYRA to explain this curious omission.  NYRA did not respond.

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What we have is a NYRA leadership that knows little about racing or the Saratoga experience that looks for every opportunity to gouge fans.  It has no accountability because of a Board of Directors that is impotent, and a communications strategy that simply ignores legitimate inquiries.  Chris Kay has referred to the red jacket program as a “new tradition.”  Because he thought of it, I guess that makes it more important than the traditions most people associate with Saratoga  –  the trees in the backyard, going to the paddock, interacting with the jockeys on their way to the paddock, the mingling of the rich and the “ordinary” fan, the morning rush to get a picnic table.

The NYRA “Reorganization” Board was intended as a temporary transition according to the law that created it and its author, Andrew Cuomo.  The law required them to propose changes that would restore New York’s premier racing to private control by April 18 of this year, with the new entity to assume control on October 18, 2015.  It was the sole responsibility of the new Board under the law.  They did nothing, and the law had to be extended for another year.  This is not a group that should be in charge of permanent changes to Saratoga.  One of the few actual things they have done in their almost three years of existence was approving a plaque honoring themselves.  They did it in their first months as a Board although I doubt anyone of them could actually identify a contribution they, as a Board, made to New York racing.

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At the last meeting of the Board, member Michael Dubb urged Kay to expedite the improvements to the dormitories used by stable help.  The dorms have been described as deplorable, and were one of the reasons used by Governor Cuomo to seize control of NYRA three years ago.

But Dubb would have been as productive baying at the moon.  The construction workers building Kay’s museum could, of course, have been working on the dorms.  But this leadership crew doesn’t care about backstretch workers or the fans.  They only care about self-aggrandizement and squeezing as much money as possible from New York’s racing fans.

Comments on the proposed changes in the DGEIS can be sent to carolyn.dunderdale@ogs.ny.gov