Arbitrator 'Concerned About Fairness' in Meraz Case

A Horseracing Integrity and Welfare Unit arbitrator suspended trainer Antonio Meraz and fined him $5,000 after one of his winning horses at Hollywood Gaming at Mahoning Valley Race Course, Isaul Gonzalez's First Kitten, tested above the limit for cobalt. In assessing these penalties, the arbitrator cited reservations about the equity of the sanctions under the Horseracing Integrity and Safety Authority rules. Cobalt salts are a banned substance, prohibited in horse racing under HISA rules. Cobalt, however, is an essential trace mineral that horses require in minimal amounts. Meraz "credibly testified that he did not inject First Kitten or any of his horses with cobalt," the arbitrator, Matthew Mitten, wrote in his order. Meraz contended that the source of First Kitten's adverse finding was a combination of feed and supplements containing cobalt. Mitten added that "he is concerned about the fairness and proportionality of his 2-year sanction based on the record evidence," but added that his role is to interpret HISA rules "as written, not to substitute different rules proposed by a Party or alternative rules he believes are more fair to a Covered Person." In addition to the suspension and fine, First Kitten was disqualified from her victory in the $5,000 claiming race Feb. 12 at Mahoning Valley. HISA recently posted amended proposed rules for public comment that would allow arbitrators to consider "case circumstances" in assessing penalties, such as the seriousness of violations. Modified rules would not go into effect until after the public comment period and HISA's review, followed by the Federal Trade Commission's review.