I think it's on the riders to decide where the line is between the type of race riding that has existed for decades and when it's dangerous behavior that puts someone at risk. It's not just about herding. Riders also try to make it tight along the rail, try to box horses in tight, drift on the turns, purposely come in/out at the start etc... I'm not sure what recourse the riders have, but there must be someone that can do something if there are multiple complaints about the same rider. If they aren't complaining, it's tougher to do something because that means they all want to race ride at times and will only complain about very specific rides. Right or wrong, as far as I could tell, Velasquez was OK with Ortiz's ride because he was well clear. Who is going to do something when the other rider doesn't even complain (as least publicly).
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