Jockey Ceballos Seeks Yet Another HISA Six-Strike Penalty Reversal by FTC

Both the jockey and the owner/breeder of the second-place finisher in the Feb. 18 GIII Sunland Derby have filed a notice of appeal with the Federal Trade Commission (FTC) in an attempt to reverse a more-than-six-strikes whipping disqualification under Horseracing Integrity and Safety Authority (HISA) rules that cost them the placing in that stakes and $85,360 in purse winnings.

At issue is the contention by jockey Oscar Ceballos and Eleanor Martin, the owner/breeder of Alotaluck (Sir Prancealot {Ire}), that some of the 11 strikes of the whip that Ceballos administered to the 3-year-old gelding shouldn't have counted against his HISA-mandated six-strike limit because he was allegedly using his whip to control a dangerous situation.

Ceballos is banking on a precedent that he established last year: On Sept. 11, 2023, Ceballos earned the distinction of being the first jockey to get the FTC to reverse a HISA-imposed whipping penalty that also involved a total of 11 strikes administered in a stakes at a New Mexico track.

That previous case dated to a Sept. 24, 2022 incident in which Ceballos struck Sheriff Brown (Curlin) five times more than permitted when winning the Downs at Albuquerque H.

This new May 22, 2024 notice of appeal filed by Ceballos and Martin regarding the Sunland Derby makes contentions similar to those that Ceballos raised in his successful 2023 appeal to the FTC.

“HISA was presented with testimony from a licensed Thoroughbred trainer, attending veterinarian, and attending farrier advising Alotaluck suffered an abscessed foot injury, a primary cause for the horse to lose its path and drift out during the stretch,” the FTC appeal stated.

“For the safety of the horse and riders, Ceballos engaged the crop and tapped Alotaluck's shoulder to safely steer the horse,” the FTC appeal stated.

Ceballos was additionally fined $853.60 and penalized with a three-day suspension.

On Apr. 16, when the HISA Authority's board of directors heard the initial administrative appeal, it didn't buy the argument that Ceballos had whipped in the interest of safety.

“There is no dispute that Mr. Ceballos struck Alotaluck 11 times during the race,” stated the Apr. 26 decision of the appeal signed by HISA's board chairman, Charles Scheeler. “The evidence established that seven of the eleven strikes were to the shoulder of the horse…

“The videotape of the race clearly shows that the horse was lugging out and also moving toward the rail at different points,” the HISA decision continued. “The videotape also shows that Mr. Ceballos was trying to properly position the horse in order to win the race.

“The Board does not believe that Mr. Ceballos administered shoulder strikes to Alotaluck for safety purposes,” the HISA decision stated. “The videotape shows that the horse was not running amid close traffic, and Mr. Ceballos was not looking behind him or otherwise manifesting signs that he was concerned about safety.

“In addition, Mr. Ceballos testified that the horse was 'off' during the race, and the Board is concerned that Mr. Ceballos continued to strike the horse with the crop if he thought the horse was in trouble.”