Kitty Block is President and CEO of the Humane Society of the United States.
By Sara Amundson and Kitty Block
The saga of 2018 Triple Crown champion Justify, recently chronicled in a New York Times article, provides one of the most compelling arguments yet for reform in the horseracing industry and in particular for ending the massive leeway the industry now enjoys in policing itself in regard to the doping of animals.
According to the Times, when Justify charged across the finish line in June 2018 to win the Belmont Stakes, becoming only the second horse to win the Triple Crown since 1978, he had already tested positive for a banned drug, scopolamine. The drug can act as a bronchodilator, clearing the horse’s airway and augmenting his heart rate, thereby enhancing his performance.
Photo by Stan Rohrer/Alamy Stock Photo
What unfolded next is a study in how those in the highest power echelons of the horse racing industry bent and twisted the rules to ensure that the star equine athlete stayed in the running.
Instead of the failed drug test causing a speedy disqualification, the California Horse Racing Board took more than a month to confirm the test results. “Then, instead of filing a public complaint as it usually does, the board made a series of decisions behind closed doors as it moved to drop the case and lighten the penalty for any horse found to have the banned substance that Justify tested positive for in its system,” reporter Joe Drape writes.
The board also decided not to continue with its case against Justify’s trainer, Hall of Famer Bob Baffert. Baffert continues to deny intentionally doping Justify, even though a second test he ordered from another lab also came back positive.
There were high stakes involved. Justify went on to become only the 13th winner ever of the Triple Crown. After the Kentucky Derby, his owners had sold his breeding rights for $60 million (documents reviewed by the Times did not show any evidence of pressure or tampering by Justify’s owners).
Justify’s story illustrates just why we need reform in the horseracing industry, where those who promote the sport are also policing it, and where both legal and illegal drugs continue to be used widely.
The industry is now beset by a drug crisis that has led to the premature deaths of thousands of horses over the years. The problem began when Congress, in 1980, decided to leave it up to states to come up with their own rules on what drugs to allow in horse racing. This has led to a confusing patchwork of state laws with no uniform national standard regarding which drugs are permitted or penalties for doping.
The widespread use of both legal and illegal drugs can lead to a multitude of problems, both for the equine athletes and for their riders. Some drugs allow a horse to push through pain, intensifying an injury, or make it possible to force worn-out horses to compete, which can result in career-ending injuries and even death.
That’s why the Humane Society of the United States, the Humane Society Legislative Fund and the Humane Society Veterinary Medical Association (along with dozens of groups in the racing industry and animal protection arena) support passage of the Horseracing Integrity Act H.R.1754/S.1820 in Congress. The bill, sponsored in the House by Reps. Paul Tonko , D-N.Y., and Andy Barr, R-Ky., and in the Senate by Sens. Kirsten Gillibrand, D-N.Y., and Martha McSally, R-Ariz., would not only ban race day medication and substantially increase out-of-competition testing, it would also remove state racing commissions from oversight of all medication regulations and enforcement. The bill would also grant independent control over rule-making, testing and enforcement oversight regarding drugs and medication to a new authority created by the U.S. Anti-Doping Agency. Finally, it would create a uniform national standard for drug testing overseen by USADA, an independent entity that oversees testing of U.S. athletes at the Olympics and many other sporting events.
We are also calling for an independent investigation into the circumstances surrounding Justify’s drug test and an overhaul of drug testing policy to protect racehorses from those who place winning over racehorse welfare.
Horseracing is at a true crossroads, and it’s time things changed for the better, especially for the equine athletes. Please contact your federal legislators today and urge them to cosponsor the Horseracing Integrity Act and do all they can to help secure its passage. Let’s make this the year this important bill races across the finish line.
