Louisiana Commission Backs Broberg in CDI Dispute

Questioning the due process afforded owner/trainer Karl Broberg when Churchill Downs Inc. barred him this fall from competition at all of its tracks, the Louisiana State Racing Commission unanimously passed a motion during its Oct. 26 meeting authorizing his participation at CDI-owned Fair Grounds Race Course & Slots as long as he has a valid Louisiana license and is not suspended.

CDI's ban as a property owner came last month when it revoked his stabling and entry privileges at all its tracks after his $10,000 claiming horse Rockandahardplace  returned sore after a sixth-place finish Sept. 18 at Churchill Downs.

A submitted claim by another owner for the 5-year-old gelding was voided after the race when the horse was declared lame by a Kentucky Horse Racing Commission veterinarian at the track's test barn. The following week, CDI reported in a statement that "the horse was returned to his stall by a paid hot-walker, but a subsequent investigation revealed that there was no responsible representative of the trainer on-site to make veterinary decisions or to take appropriate steps to protect the welfare of the injured horse."

Broberg, who runs a large, multi-state operation, disputed CDI's basis for neglect, telling Paulick Report last month that a veterinarian treated the horse for his injury following the race. Rockandahardplace was left in the Churchill receiving barn because he was too sore to travel immediately, he noted.

Zoe Metz, daughter of Jeff Metz, who initially trained Rockandahardplace on the West Coast, tweeted Sept. 26 of the gelding's retirement, noting he will stay at a rehabilitation facility in Tennessee "until he's able to make it back to California back to our home." She thanked "everyone for all their help in making this happen, including Karl Broberg."

Speaking during their October meeting, commissioners pressed CDI's counsel, Haley Nix, as to whether Broberg had been suspended by Kentucky stewards or by the Kentucky Horse Racing Commission. He has not been. Decisions by regulators carry reciprocity, unlike decisions by private property owners.

Nix said CDI was within its rights to deny him access to Fair Grounds, citing Louisiana regulations regarding individuals that "would disrupt or interfere or hinder the orderly conduct of the business of horse racing" whether that conduct occurred at a "racetrack in Louisiana or elsewhere."

Commissioners felt the matter should have come before Kentucky officials or state stewards in Louisiana, who could examine the findings and make a recommendation to the commission for a determination.

Commissioners declined to hear comments on videoconference from Dr. Will Farmer, equine medical director for CDI. They said they would accept a written statement as part of an affidavit for the record.

In other Tuesday action by the LSRC, commissioners approved an extension of daytime racing at Delta Downs of up to 30 days while the track improves its new racetrack lighting system, which jockeys feel is unsatisfactory. The full 30 days may not be needed based on estimates from track and construction officials.

The Vinton, La., racetrack canceled two days of racing amid expressed lighting concerns after a spill there Oct. 15.

Plans call for adding temporary lights to fill in blind spots and shadows before a permanent fix takes place, requiring an estimated six weeks. Commissioners urged a unified effort from track staff, horsemen, and jockeys to address the lighting, recommending a review by riders on horseback.

The LSRC also approved an equity purchase agreement for Rubico Acquisition Corporation to acquire Louisiana Downs and deferred until later in the year a vote on a CDI request to reduce the number of race days from 80 to 76 at Fair Grounds. Its meet begins in late November.

Jason Boulet, senior director of racing at Fair Grounds, said the New Orleans track has 104 fewer stalls on its backstretch after two barns were damaged beyond repair during Hurricane Ida in late August. The storm and its aftermath also destroyed the track's tote board, requiring the track to utilize a temporary one for its upcoming meet. Some of the other areas of the track are currently under repair, such as the silks and jockeys' room.

He said track officials had a disappointing year recruiting horses, noting fewer trainers and decreased stall applications partially caused by increased competition from Oaklawn Park in Arkansas and strict COVID-19 health mandates in New Orleans. Purses are also higher up at winter tracks in other parts of the country, including at the CDI-owned Turfway Park in Northern Kentucky.

Fair Grounds and LSRC officials anticipate soon adding historical horse racing gaming at tracks and off-track betting parlors in Louisiana. The devices have been a boon for purses in Kentucky, though Kentucky does not have the widespread casino gambling Louisiana does.