Hollendorfer, Del Mar Seek 'Pragmatic' Solution

The attorney for Jerry Hollendorfer says the 73-year-old trainer has not received an official ruling from track management that the Hall of Famer cannot train or race horse at Del Mar and that both sides are working toward a "pragmatic" solution to his status for the upcoming July 17-Sept. 2 meet.

Yet attorney Drew Couto added that he and Hollendorfer perceive that "Del Mar feels it is a huge public relations risk for them and they are currently, I think, uncomfortable or unwilling with that risk."

"You can't get clarity to me on the situation because it's not clear to me," Couto added. "It's not clear to anyone. The entire situation is unclear. To say there's an official anything is unclear. 

"Every dispute has two sides to it and we can only go by what our perceptions are and that's what we tried to share with people, our perceptions. Del Mar can speak for itself and I will not pretend to speak for Del Mar. Our perception is that Del Mar feels it is a huge public relations risk for them (to allow Hollendorfer to race) and they are currently, I think, uncomfortable or unwilling with that risk. The fairest way to say this is that all sides have been focused on finding a pragmatic solution that helps everyone and that helps Del Mar deal with the PR concern and so that Jerry does not lose his business entirely and 25 more people are not out of work."

When reached by phone, Hollendorfer said, "I prefer not to comment."

Couto's July 9 comments came after Jay Privman of the Daily Racing Form reported early in the day that Hollendorfer "was informed by Del Mar officials during a meeting late Monday that the track was not willing to let him run horses at its meet that begins next week."

Later, a tweet by Thoroughbred Daily News' Bill Finley quoted Del Mar Thoroughbred Club CEO Joe Harper as saying, "Never say never. ... We've had a couple of meetings and the ball is in Jerry's court. We are still looking to come up with an agreement that both Jerry Hollendorfer and Del Mar can agree to."

When asked about the reports, Couto said, "The DRF story is accurate in that I was asked what is our sense of the situation and we shared our sense of the situation. In an absolutely definitive way have they said he can't race there? I will not cast that. I'm just saying everyone is continuing to work to find a pragmatic solution. There has been an expression that confidence should not be high that he will be able to go there (to Del Mar)."

Couto would not comment on what a "pragmatic" solution would entail.

"I would not be comfortable negotiating through the media and expressing what the context of a pragmatic solution would be," said Couto, who formerly served as president of the Thoroughbred Owners and Breeders Association and Thoroughbred Owners of California. "It's all fluid. Everyone is trying to find a creative solution, don't doubt anyone's commitment to that. But at the same time, you have to be realistic about it. If the parties can't reach that, from Jerry's perspective, we have to look at all of his rights and options and everything has to remain on the table."

Harper and Del Mar president Josh Rubinstein did not respond to a phone message for comment. A track spokesperson said the racetrack may issue a statement July 10.

Hollendorfer's ability to race at tracks across the nation was first thrown into question when The Stronach Group announced June 22 that he was being ruled off the grounds of its racetracks, in particular Santa Anita Park and Golden Gate Fields in California, after a fourth horse from his barn suffered a fatal injury at Santa Anita and become one of 30 horses who perished since racing began at the Arcadia, Calif., track Dec. 26. 

TSG's decision came one day before the end of the Santa Anita meet, leaving racetracks like Del Mar and New York Racing Association to decide whether Hollendorfer would be able to race at their tracks. NYRA originally voiced support for Hollendorfer, then on June 29 Daily Racing Form reported NYRA would not allow horses trained by Hollendorfer to be entered at its racetracks.

Hollendorfer had six horses in New York with Larry Best's OXO Equine and Best turned them over to Don Chatlos, a Breeders' Cup winner during his training career, who has been Hollendorfer's assistant in New York.

"I don't know what goes into the decision-making at Del Mar, but the people that run the racing at Del Mar, and this would have been my 33rd summer at Del Mar, they are very good and logical people," said Chatlos, who worked as an assistant for Hollendorfer for the last 4 1/2 years. "What went into the decision-making, I don't know. But this is a very tough thing for everyone. It's basically turned in a public relations nightmare."

Los Alamitos Race Course, which is open through July 14, has not blocked Hollendorfer from racing or training on its grounds.

Couto said the entire situation, beginning with the fatalities, has been mismanaged and has placed the future of the industry in jeopardy.

"To me this has been handled so poorly, mismanaged at so many levels and has placed at risk the career of not only one Hall of Famer but the entire industry," he said. "No one other than Jerry is being held accountable, and he's not being held accountable for valid reasons. This industry is in peril because of mismanagement at a much higher level. To place all of that on the shoulders of one individual is so unjust and improper, it should offend everyone's sense of fair play and justice."

In response to the decisions by TSG and NYRA, the National Horsemen's Benevolent Protective Association and Thoroughbred Horsemen's Association issued a joint statement July 4 saying they plan to work with racetrack operators so that horsemen are afforded due process. In the statement, the groups claimed TSG "clearly sidestepped" Hollendorfer's rights to a fair process by barring him from the grounds without a hearing. 

Couto voiced outrage over the lack of due process in TSG's decision to rule Hollendorfer off its grounds. 

"Everyone is entitled to a fair procedure and due process," Couto said. "We all know intrinsically that it is wrong to accuse someone and then not say why you are accusing him, or not meet with the individual, or not explain to them the basis of the accusation. But to then to issue a public statement you never discussed with the person and never told them they did something wrong, that should offend every one of us. No one wants that to happen to them and when we see it happening to others, we should say it is wrong.

"Most people so far, whether or not they like Jerry, believe he has been wronged. If he's done something wrong, let it be known and let him pay the consequences. If he hasn't done something, this is tragic, and to our understanding he has done nothing wrong."