HISA Issues Notice to Turf Paradise Over Noncompliance

The Horseracing Integrity and Safety Authority notified Turf Paradise last week of alleged violations of its Racetrack Safety Program rules and lack of payment in HISA assessment fees. The Phoenix racetrack was given a week to respond to the notice—though an extension has been granted, Turf Paradise general manager Vince Francia said.

The Authority wrote that it had "reason to believe" that Turf Paradise was in noncompliance at times related to its facilities, racetrack surface monitoring, and its equine ambulance. Additionally, HISA claimed the track was not enforcing HISA's voided claim rule and rules related to horseshoes as well as riding crop violations and restrictions.

The notice distributed to Turf Paradise initially was reported by Paulick Report.

Francia said the racetrack's rail—one target of criticism by HISA officials—was a past complaint, and since it was addressed around the start of its current meet, "The jockeys have been fine with it." 

Other violations noted by HISA, such as not enforcing a voided claim rule, relate to Turf Paradise following Arizona racing regulations, which Francia said are determined by its state legislature. He said many in Arizona support a voided claim rule, and such legislation could be advanced in the state this year.

He declined to comment on whether the track would pay two unpaid installments of more than $154,000 apiece from 2022 to HISA, saying that would require a discussion between him and track owner Jerry Simms.

"I think so many of the ideas put forth by HISA are really worthwhile because they're directed at the safety of the horses. I think that's good and a long time coming," Francia. "But the way that this has rolled out, putting states (against the) federal government, and that in turn puts GMs at racetracks (in a predicament). Which master do I obey? Sometimes, I feel being put in that position is not only unfair, it's unwarranted.

"There's things that HISA... needs to work out with state regulators, who feel they have their regulations and rules and statutes followed. And that's what I have to follow... The (state) Division of Racing feels they are the authority for what we do at the racecourse, and they are the rules I have to follow."

HISA's rules do not allow it to take action against a state regulator, but it can fine and issue other sanctions against a racetrack for noncompliance. HISA officials believe its authority preempts state law in areas in which its rules have been authorized.

Turf Paradise and Arizona regulators have been slower to adopt equine safety practices than other jurisdictions. In a meeting this past spring, Arizona Racing Commission state veterinarian Dr. Susan Gale noted the equine fatality rate at Arizona tracks for the 12-month period ending March 31 was 3.34 per 1,000 starts, more than double the national average of 1.39. Fatality rates have been high over much of the past decade in Arizona.

Also in the first quarter of 2022, there was a much-publicized incident at Turf Paradise when a heavily favored Juan Pablo Silva trainee named Juror  was pulled up strides into a race by jockey Fausto Da Silva, leaving bettors frustrated. His start from the gate meant he became an official starter, and therefore a claim and transfer of ownership took place. Juror has not raced since that March 10 race.

This incident occurred before HISA regulations were implemented across the country in early July.

A voided claim rule is meant to protect bettors, owners, and equines by having a horse deemed unsound by a regulator veterinarian returned to its original owner.