Jockeys' Guild Appeals New Jersey Riding Crop Rule

The Jockeys' Guild filed a notice of appeal Nov. 5 in the Appellate Division of Superior Court in New Jersey to contest a strict riding crop restriction that was passed by the New Jersey Racing Commission in September, officials with the Jockeys' Guild said.

The rule, scheduled to take effect next year when Monmouth Park opens, will prohibit jockeys and exercise riders in the state from using the riding crop "except when necessary to control the horse for the safety of the horse or rider." The New Jersey rule would become the strictest in North America after some regulatory bodies earlier limited the number of strikes a jockey can give a horse and the manner in which a strike is delivered.

Proponents of riding crop restrictions believe it improves safety and horse welfare while reducing claims of animal abuse. Those that oppose riding crop restrictions counter that they put jockeys at risk from being unable to fully control their mounts, such as when anticipating when one might be readying to duck in or out. 

The NJRC regulation also mandated riding crops have a soft tube, like those on the 360 Gentle Touch riding crop designed by retired jockey Ramon Dominguez. Today's crops differ from those from prior eras, having poppers that produce a loud sound but are less likely to leave welts.

Many regulators "have never been around a horse or ridden a horse, especially in a race going 40 miles an hour," said Terry Meyocks, president and CEO of the Jockeys' Guild. "Jocks risk their lives—not only their lives but the horses' lives. They need to have input."

Leland Moore, a spokesperson for the NJRC, declined immediate comment.

According to Mindy Coleman, in-house counsel for the Jockey's Guild, the commission has 15 days to respond to their appeal and 30 days to complete records before a briefing is scheduled by the court.

"The two legal issues that were presented were whether or not the revised riding crop rule that has been presented or has been adopted is arbitrary, capricious, and unreasonable," Coleman said. "And the other is whether or not the new rule that has been adopted is actually void because the New Jersey Racing Commission is barred from enacting a rule (without) quorum of its mandated nine commissioners. At the time when it was adopted, there were only four commissioners, and there were five vacant seats."

Current riding crop rules vary from state to state and by country, and reaching a uniform rule has proven problematic. Regulators in Canada and California have some of the strictest current rules, while other jurdictions have been slower to implement changes while awaiting direction from industry groups, such as The Thoroughbred Safety Coalition.

That group, whose founding members include Breeders' Cup, Churchill Downs Inc., Del Mar, Keeneland, the New York Racing Association, and The Stronach Group, supports restrictions but has not announced a specific standard for suggested riding crop usage. 

The New Jersey regulation leaves stewards to determine whether a jockey used the crop for a safety reason or not. If the regulation is implemented, stewards will be able to fine or suspend a rider if they determine it was simply used to achieve a better finish. A jockey's share of the purse could also be forfeited for prohibited use.