In the end, it came down to a personal decision for jockeys when faced with a quandary over riding at Monmouth Park with a controversial state law outlawing the use of crops unless needed for safety.
It was no different for Dylan Davis. The 26-year-old New York-based jockey, who has been sidelined with a broken collarbone since March 20, will launch his comeback May 29 by riding seven horses on the card at Monmouth. For him, given how the jockey colony in New York is currently filled with current and future Hall of Famers, the opportunity to return in New Jersey and take mounts for some of the top trainers in the business outweighed his concerns over the restrictions on using his crop.
"I know it's touchy. It's going to be different riding under those rules, but I'm getting an opportunity to ride for outfits that I do not routinely ride for. I don't like the rules, but I'm dealing with that for an opportunity to ride for top trainers," Davis said. "Coming off the injury, I see it as a way to get back into racing and ride for the right guys. This is my time to show top trainers I can ride for them and get the job done."
Davis' agent, Mike Migliore, lined up seven mounts for the son of former jockey Robbie Davis on Saturday's card and six more for May 30. Five of them are for four-time Eclipse Award-winning trainer Chad Brown, who has a string stabled at Monmouth this summer. On Saturday, Davis also has two mounts for Wayne Potts and one each for Derek Ryan and Jorge Duarte Jr.
"Dylan lost some business in New York because of the injury and the time of year and we'll get it back, but we wanted to get him started now. We had an opportunity to ride for top people like Chad Brown and we took it. How do you turn down three horses for Chad Brown?" Migliore said. "The big names are going to look for us there. They are not going to look for us at Saratoga. Do you think Chad will look for us at Saratoga? This is a good opportunity for Dylan."
Hall of Fame trainers Todd Pletcher and Steve Asmussen will also have divisions at Monmouth, which begins its 76th season May 28.
The new crop rule, which was instituted by the New Jersey Racing Commission—not Monmouth Park—penalizes a jockey with a five-day suspension and $500 fine if stewards deem the rider used the crop for something other than safety. The sanctions double each time a rider violates them.
Most jockeys voiced their dissatisfaction with the rule, many of them saying it adds to the dangers they face, and a large group of Monmouth's top riders pondered not riding at the meet. But through Sunday, the only ones from last summer's top 12 winningest jockeys who will not be riding this weekend are Paco Lopez, Joe Bravo, Antonio Gallardo, and Jorge Vargas Jr.
Lopez is currently grounded with a suspension but has informed trainers, including Pat McBurney, that he will start riding at the meet next weekend.
Bravo, who has been the most outspoken about not riding at the meet, is listed to ride at Penn National Friday and Delaware Park Saturday.
Monmouth Park officials took a hard stance against the riders May 25 when Friday entries were drawn by announcing it would bar riders for the rest of the meet if they do not honor their calls for the Friday card. They also tossed out the threat of a lawsuit if jockeys conspire to harm racing at the Oceanport, N.J., track.
Gallardo has indicated he will ride at a different track this summer and, according to Monmouth director of racing and racing secretary John Heims, should he change his mind, he would have to face a hearing in order to ride at the meet since he allegedly refused a mount on Friday's card.
Vargas was injured in the same March spill at Aqueduct Racetrack as Davis and has yet to resume riding.
To date, as unhappy as jockeys may be with the nation's strictest rule against encouraging horses, since there has not been a strike or large scale organized work stoppage, Monmouth Park has been able to fill its cards.
"I don't believe in the whip rule there. I'm not for it and neither is Dylan, but I'm not going to stop a young man from earning a living if he wants to ride," Migliore said. "As far as I'm concerned Dylan is not a scab. No one who is riding there is a scab because there's no picket line. If there was a picket line, Dylan would not be riding, and I'd be out there on the picket line with him. No one can stop anyone from riding and this is an opportunity for us. If Dylan thought this was a safety issue, he would not be riding, and I would not push him to ride."
Davis has 818 career wins and earnings of $41.9 million.