MD Agreement Paves Way for Lasix-Free Juvenile Racing

The Maryland Racing Commission not only approved at its July 16 meeting an agreement between the Maryland Jockey Club and the Maryland Thoroughbred Horsemen's Association that would see 2-year-old races conducted without Lasix beginning this year, it included in that vote approval of an emergency regulation that will allow the plan to become reality.

MRC chairman Michael Algeo informed the nine-member commission that the Stronach Group's MJC and the horsemen's group had reached an agreement to conduct 2-year-old races without race-day Lasix, a diuretic that has been allowed on race day to prevent or reduce the severity of exercise-induced pulmonary hemorrhage. 

MRC executive director Mike Hopkins said the commission received the agreement between the MJC and horsemen June 14. He then informed the commission members that based on counsel's advice, for such races to become reality the commission would have to approve an emergency regulation that would change Maryland rules to allow such races, as state rules had allowed Lasix.

The dramatic vote came down to Algeo approving the agreement and emergency regulation, giving the initiative the required five votes to pass. The other four commission members to approve the measure were Ernie Grecco, Emmet Davitt, Tammy Lafferty, and David Hayden. Voting against the measure were Clarissa Coughlin and Konrad Wayson. Commissioners Tom Bowman and Tom Winebrener abstained.

When Coughlin cast her vote in the meeting conducted online because of the COVID-19 pandemic, a loud expletive from a male voice was heard from someone at the meeting. While it was unclear to BloodHorse who said the expletive, only commissioners and Hopkins (it wasn't him) were supposed to have their audio turned on. The about 60 people who attended the meeting appeared to follow those rules.

As part of the agreement, the MJC and horsemen will conduct a study—including the scoping of horses to determine if EIPH has occurred and on what level—of the impact of the new rule. Bowman wanted that study to be more clearly defined going in, including plans on how it will be paid for, and without that clarity he decided to abstain. Winebrener said he was abstaining for the same reasons.

Still, the agreement passed. It calls for Lasix-free races for 2-year-olds beginning this year through 2023 and in graded stakes beginning next year and continuing through 2023, including the Preakness Stakes (G1). As part of the agreement, there will be no expansion of race-day Lasix restrictions to any other race types during these years.

"We're all very glad to have this come to a conclusion on this impasse and get our 2-year-olds back out here to the races," said Maryland Thoroughbred Horsemen's Association president Tim Keefe. "I think at the end of the day—I think both sides—all of us collectively would agree that we wish we have found a different path to get to where we are, but the reality is we did finally come to an agreement and negotiated through it. And we'll just have to see how this transition plan works and how it affects the 2-year-olds and how it affects everybody here in Maryland."

There have been no 2-year-old races in Maryland through July 14. Last year through that date, there had been 20. Hopkins couldn't say the exact timing of when the new emergency resolution will go into effect, as it has to now be approved by a state department, but he said those officials will see the wishes of the MRC and that it's an emergency regulation. Those non-Lasix juvenile races could start as early as next week, Keefe believes.

Going forward, Algeo called for more cooperation between the tracks, horsemen, and state breeders—who were not included in the final negotiations.

"Our job is to do what's right. It's our job to preserve this great industry. We all may have differing thoughts, emotions, passions, and questions about what's best for the industry; we're also at a very difficult time," Algeo said. "So it becomes even more important that each stakeholder, each group, although we all may have different opinions and interest, it is incredibly important that we continue to work together to further this great Maryland horse industry."

At Thursday's meeting, TSG CEO of racing operations Craig Fravel acknowledged that things came together late and said he'll work toward a more cooperative effort on future initiatives.

According to Keefe, also a trainer in Maryland, other than New York, no other state in the Mid-Atlantic region has been running juvenile races this spring without Lasix. Some horsemen he represents desire consistency to mitigate any confusion from running from state to state.

"We're different in Maryland," Keefe said. "We work collectively with our different racing partners in the other jurisdictions in which we're surrounded in the Mid-Atlantic: New Jersey, Pennsylvania, Delaware, Virginia, West Virginia. We work with them because we are so close to one another. It behooves all of us to try to get onto the same page and again work collectively when we have changes like this."

The MJC plan to ban Lasix use in 2-year-old races this year and then in graded stakes beginning in 2021 is one of the initiatives announced in November by the Thoroughbred Safety Coalition. While The Stronach Group and NYRA are members of the coalition, owners of the other Mid-Atlantic tracks are not.

Likely helping facilitate the deal was a big financial commitment from MJC. It will run a minimum of three race days per week at MJC tracks at or above current purse levels. This spring, since Laurel Park resumed racing amid COVID-19, the track has run just two days a week.

"With the corona situation, it's affected us in Maryland here though the casino revenues and with the casinos being closed down," Keefe said. "The purse account revenues were obviously dwindling. We'd come up with a two-day-a-week race program, which is very difficult for any of us to make a living doing that. So the idea was to guarantee the extra day.

"The purse accounts right now can't handle the strain of three-days-a-week racing, and if the purse account does go into the red, (then) The Stronach Group will cover their shortfalls. And once we get back up and the casinos realize the revenues as before, those monies will be paid back. So they're basically just ensuring that we can get that third day."

TSG also agreed to make a $1 million contribution to Beyond the Wire, an aftercare program running on diminished funds, paid in four installments of $250,000 each year from 2020-2023. After 2023, the track owner committed to matching contributions made by horsemen, which in 2019 were $156,000. Horsemen commit money on a per-start basis, and the fund has been impacted by this year's reduced racing schedule.

The return of 2-year-old racing will mean owners and breeders will now have an opportunity to earn bonuses offered to Maryland-bred juveniles who win races in the state. Those same bonuses are not earned out of state.

"I give Tim Keefe a tremendous amount of credit to getting to this point," said trainer Graham Motion, a member of the MTHA board. "Whether we like it or not, Lasix-free racing is around the corner, and personally, I think it's for the better."

Not all horsemen supported the initiative, including some board members. The board did not unanimously vote in favor of backing it.

"We're essentially giving up all our rights to them is all we're doing," said Maryland-based trainer Tim Salzman, who believes this is just the beginning of wider restrictions coming from TSG on Lasix. "I'll run mine in Delaware and Charles Town, and it stinks because I got all Maryland-breds. The owners that want to run without Lasix, I'll give them that option. If they want to stay in Maryland and run there, I'll run them there, but it's going to be difficult."

He took issue with TSG chairperson and president Belinda Stronach pushing for medication changes after he said horsemen supported TSG's request for updates and improvements to Pimlico Race Course and Laurel Park. He feels some horses are bleeders that, without Lasix to manage their issue, could force owners to retire them because of the costs associated with sidelining problem bleeders.

"Come on over and watch a few of these horses. Be on the backside with us. See what we see as horsemen," he said. "They think we're giving Lasix to hop our horses up, but it's more for the health of the horse. A 100-degree day and you're racing horses, (bleeding) is bound to happen."

Still others see the Lasix phaseout as necessary in today's environment. Anti-racing protesters, particularly those in California, have repeatedly challenged the industry for its use of medication. Their vocal opposition and much-publicized equine fatalities have threatened the sport.

The Thoroughbred Safety Coalition, which includes TSG, Churchill Downs Inc., the New York Racing Association, the Breeders' Cup, Keeneland, and Del Mar, also back a Lasix phaseout.

"I'm not anti-Lasix," Motion said. "I benefit from having European horses coming to me with the benefit from Lasix. I think there are a lot of attributes to running horses on Lasix, and I'm sure even when we don't race on Lasix, we will continue to use it in the mornings to help horses that bleed. But at the end of the day, in our industry, to have the integrity that we need, we need to be able to say that our horses are not running on medication. That's something I feel very strongly about. It's very hard to support racing, or the integrity of racing, when horses are getting injections on the day they race. I think that's the bottom line."