With July 1 Whip Rules Looming, California Plans Future Restrictions

In advance of new, restrictive whip rules that will go into effect in California July 1, jockeys statewide are having their inventories of riding crops inspected to see if they meet size and cushioning standards. They are also receiving courtesy calls from safety stewards to make them aware if their actions in current races would be considered violations under the new regulations.

In addition, a subcommittee of the California Horse Racing Board (CHRB) is considering whether to recommend more specific guidelines to require softer-constructed whips. And the Jockeys' Guild has been asked to work out a deal with the Thoroughbred Owners of California (TOC) to get racing secretaries statewide to write a certain number of “whip optional” or “no whip” races so the CHRB won't have to impose them upon tracks.

“There is a sentiment among commissioners that the recent change to the whip rule was a great first step,” said CHRB executive director Rick Baedeker. “But that [the Jockey and Driver Welfare Committee] should consider further changes, not only to the use of the whip, but to the construction of the whip. Have we gone far enough? Are there other changes that we should consider?”

Baedeker's comments, and all of the discussion that follows, came at a May 27 meeting of the Jockey and Driver Welfare Committee, a subcommittee of the CHRB. The TDN requested a transcript of this meeting, and was provided a copy by the CHRB earlier this week.

The highlights of Rule 1688, which goes into effect in 19 days, state that “any jockey who uses a riding crop during a race is prohibited from using a riding crop on a horse:”

1) On the head, flanks, or on any part of its body other than the shoulders or hind quarters; 2) During the post parade except when necessary to control the horse; 3) Excessively or brutally causing welts or breaks in the skin; 4) When the horse is clearly out of the race or has obtained its maximum placing; 5) Persistently even though the horse is showing no response; 6) More than three times in succession without giving the horse a chance to respond.

With its impending set of whip-reduction rules and the possibility for others in the pipeline, California is at the forefront within the United States of changing how the riding crop is used in Thoroughbred, Quarter Horse and harness races.

But, as Baedeker pointed out, “one thing [that] hasn't changed and it won't change…is the public perception that, as a matter of fact, this is cruel.”

Baedeker gave the example of this year's stretch run of the GI Kentucky Derby, in which Victor Espinoza, by many estimates, hit the victorious American Pharoah (Pioneerof the Nile) at least 32 times with the whip.

“Unfortunately, our grandest stage was an example of that, the Kentucky Derby. Even those of us that are veterans and have watched thousands of races, we still cringe. And I think if you don't there's something wrong with you,” Baedeker said. “So you can imagine what watching that race must be like for a new fan. We talk ad nauseam about ways to bring in new people to the sport. Well, that's a way to discourage new people from coming into the sport.”

Darrell Haire, a retired jockey who is the western regional manager of the Jockeys' Guild, concurred.

“I don't know what happened with some of these riders or whatever just getting whip-happy,” Haire said. “Victor has already been an aggressive rider. But when you see what he did—and I'm not saying what he did was wrong because he kept the horse running—but he could have switched sticks or could have got to pushing on him and it wouldn't have looked bad… It's all about persuasion, not abuse.”

Alex Solis, who is believed to be the only active jockey in the nation currently serving on a state racing commission board, is also chairman of the CHRB's Jockey and Driver Welfare Committee. In this dual role, he has a unique perspective on the use and abuse of the whip.

“Thirty-four years of riding horses, I've been guilty myself of overusing the whip when I didn't have the experience that I have now,” Solis said. “You see so many kids and people coming to the races. And to me that's—that's—that's—it's ugly.

“I always learned from the best: [Bill] Shoemaker, Laffit [Pincay Jr.], etcetera,” Solis continued. “And those guys always said, use your mind and race your horse the best that you can, [and] you don't need a whip…You ride [horses] right, they're going to go as fast as they can. When you're coming down the last sixteenth and you're hitting them again, they're not going to give you another gear, because they already did that first time that you asked.”

CHRB equine medical director Rick Arthur, DVM, offered a veterinary perspective on whip abuse.

“The fact of the matter is it is a noxious stimuli. It is meant to hurt. And any idea that it is not painful is nonsense,” Arthur said. “I will tell you that if anybody in this room could stay on their feet if Alex Solis hits them as hard as he can with the nicest whip that you can get anywhere in the world, I would be surprised.”

Luis Jauregui, a CHRB safety steward, reported that he has been making the rounds in jockeys' rooms to inspect whips to make they are compliant with California's pro-cushion construction rules. But he said his job is made difficult by the sheer number of crops an individual jockey might possess, which he said ranges from three to 20. In addition, jockeys who ride around the world are always bringing in new versions of whips, and even the best-constructed models that are acceptable at the time of inspection will deteriorate with use.

“Personally, I think the best whip that they're using, [the] soft popper, is the one made from England,” Jauregui said. “It has a lot more cushion. The thickness on the popper is a lot different than some of the aftermarket [models]. And the materials that [various whip makers] are using, some of them are using Corfam leather, which is a lot more dense and harder than the soft vinyl that is required.”

Jauregui said one thing that might help is if safety stewards initial whips that are compliant, like a boxing commission official might do with boxing gloves. Baedeker suggested photographing non-compliant crops to show riders what is and isn't allowed, and even strengthening the rule language to help with compliance.

“Should we make it easier for a safety steward to say, 'This whip does not comply?'” Baedeker asked. “In other words, is the rule a little too gray?”

With the goal of preparing riders for the impending “three strikes” rule of whip use during races, Jauregui said that as of June 1, California stewards were to begin giving courtesy calls to jockeys to let them know if their overuse of the whip would constitute a violation under the new guidelines. But that grace period will end promptly on June 30.

“July 1 is the day we start…” Jauregui began, and CHRB commissioner Madeline Auerbach jumped in to finish his sentence for him, “…the hammer.”

Haire said he did not foresee resistance from the California riding colony. For the younger jockeys in particular, he said, it's just a matter of learning proper horsemanship.

“I think sitting with the riders in the room all together and talking about this, just like when we started at Del Mar last summer with the “three strike” [rule], just talking to them and explaining to them and educating them,” will go a long way toward fostering compliance, Haire said. “What it's all come down to right now is just common sense.”

Looking ahead, Baedeker underscored that the CHRB “wants to pursue additional changes.” One idea might be some races in which jockeys do not carry whips, perhaps starting just with 2-year-old races.
Solis recalled a time in California when jockeys riding 2-year-olds in straightaway two-furlong races did not carry whips.

“[Young horses] are being pushed from their sale, two-and-a-half, four [furlongs]. Now you're pushing more [during races],” Solis said. “And then we don't understand why we don't have any horses that make it to three and four years old.”
But there was also debate about how effective going whip-free in longer races might be because of safety concerns about 2-year-olds needing to be corrected around turns.

“They're a live animal,” Haire said. “You get some of these 2-year-olds that you have to manhandle them and get their attention quick, you better have a whip. But it's all about what it's supposed to be used for.”

Baedeker concurred: “I think the presumption is, and this has been brought up at previous meetings, I think everybody takes the point that the rider is always going to need to be in possession of the whip for safety reasons.”

But Baedeker also pointed out that if you allow jockeys to carry a whip for safety, but not for urging a horse for speed, such a policy could be problematic in determining whether the whip was used was for control or stimulation in a race.

“In that situation, you'd really have to disqualify the horse, which would require probably a change in the regulation. So [it's] a fairly complicated thing,” Baedeker said.

“I'd love to see the owners put in the TOC agreement that the racing secretary shall write 'X' number of races for use without” the whip, Auerbach said. “So that the [CHRB] wouldn't have to be quite as involved in this.”

Auerbach asked Haire to bring up this issue with the TOC. “Now is a good time,” she stressed.
“Now is a really good time,” Baedeker added for emphasis.

Haire asked for a clarification: “We're not–we don't want to give the perception that we want to get away–do away with the whip, period, is that right?”

Baedeker replied, “Oh, I don't think anybody is talking about doing away with the whip altogether. I think there's been a sentiment that if we ended up there one day, that would be just fine. But we're realistic.”

Auerbach clarified further: “My suggestion to you, in case I wasn't clear…that's not what we're saying. What I suggested that you do when you go and talk to TOC is say, 'Hey, you know, along with everything we're doing, [there's] this perception about use of the whip, especially for young horses. And the reason that some of them don't race beyond a couple of years is…the bad habits that they've learned because they're getting beat on, and that's not the way to bring them along.

“So could we start talking with the owners, the people who own the horses, and then go to the trainers, the people who train the horses?” Auerbach concluded. “You can't just have the jockeys here talking to us. Because by the time they get on the horses, it's almost too late to do anything else.”