Anthony Manganaro (letter to the editor, March 29, BloodHorse Daily) should get his facts straight. His attack on the National Horsemen's Benevolent and Protective Association and its affiliates is as inaccurate as it is unfair and shows a lack of understanding of the industry.
Let's get something straight about the National HBPA's cost of litigating the Horseracing Integrity and Safety Act: The Liberty Justice Center so believes that HISA is unconstitutional that the nonprofit is handling the case pro bono.
The HBPA is fighting the right fight and we have every expectation of winning. But even should we lose in the courts, the efforts of the National HBPA, many individual affiliates including Kentucky, four state racing commissions, the United States Trotting Association, several states' attorneys general, and others who have joined in the suits already have forced the HISA corporation to make substantial improvements. In getting a so-called legislative "fix," HISA and the Federal Trade Commission tacitly acknowledged the original enabling legislation was legally challenged.
This all could have been avoided had the largest Thoroughbred horsemen's association and the Association of Racing Commissioners International been invited to the table to create a true path forward to improving horse racing. Instead, the powerful and well-financed minority backing HISA opted for class warfare.
Unlike the HISA corporation, the National HBPA and its affiliates have boards elected by their members. The HBPA is proud that our members participate in all levels of racing, not just the 1% at the top end. Any action taken by the HBPA is at the directive of the duly elected HBPA board.
Every day we hear from horsemen, too afraid to speak out themselves, thanking us for putting the spotlight on flawed legislation that led to a flawed organization. We believe a sign of our widespread support is the 1,500 participants from every racing jurisdiction who signed an open letter by trainers Wesley Ward and Larry Rivelli advocating for meaningful change and that HISA was fatally flawed.
We believe HISA's Horsemen's Advisory Group, which includes National HBPA president Doug Daniels, DVM, was only formed in response to the HBPA pointing out the lack of knowledgeable people in creating rules and policy.
The National HBPA was calling for uniformity of regulations and drug and medication policy long before The Jockey Club began its push for federal legislation. We also were calling for uniform testing and more resources for racing surface safety years before Santa Anita Park's rash of breakdowns. We have always called for cheaters to be handed stiff penalties. However, this being America, we also believe everyone is entitled to due process.
No one benefits from change just for change's sake while ignoring science.
We don't apologize for insisting any federal legislation governing horse racing be lawful. We don't apologize for doing our due diligence so that rule offenders are properly punished and don't get off because they were sanctioned under an unconstitutional law.
We don't apologize for demanding HISA actually be transparent, instead of simply tossing around the word. For instance, the people paying the freight, which most likely will fall on horse owners, have every right to know the salaries of HISA staff and consultants. But HISA refuses to make them public, hiding behind being a private organization.
We don't apologize for pointing out when new rules rubber-stamped by the FTC are not in horses' best interest.
We don't apologize for questioning a largely duplicative bureaucracy whose burdensome price tag will threaten the financial viability of some small- and medium-sized tracks and force trainers and owners out of business.
We don't apologize for wanting to know who tabbed the nominating committee that in turn tabbed the HISA board, whose terms match that of Supreme Court Justices—meaning for life.
By speaking out, we have forced HISA to get better, though fatal flaws remain. We will continue to do so, and HISA will pay attention because they know the National HBPA, its affiliates, and a few dozen Senators and Congressmen are watching them like hawks.
Rick Hiles
Longtime president of the Kentucky HBPA, first vice president of National HBPA
