TERRIBLE RULING

[v j stauffer]

https://www.thoroughbreddailynews.co...jockey-ruling/

The Golden Rule. Those with the GOLD make the rules. Jockey agents are vilified, denigrated and sanctioned every day for not honoring commitments. But when an owner doesn't think they should be held to a similar standard they take it to court. Where having the biggest stack wins the pot. Rosario and Anderson gave their word they'd ride the filly. Thereby forgoing other options and opportunities in the same race. On a whim their chances of generating income on racings biggest stage are nullified. If this is the way it's adjudicated why not have all the jockeys come to the paddock before a race and the connections bid on and negotiate for their services right then. The rule was written to protect both parties from capricious last second whims. A man's word is his bond. Unless that bond is the treasury type and you have more of them. Shameful decision.

[cj]

Seems very unfair to riders.

[Andy Asaro]

https://www.thoroughbreddailynews.co...WIhdeo.twitter

Excerpt:

“That’s why Mr. Fipke wanted to go forward,” said Vienna. “He wasn’t just fighting for himself, but he was trying to give the owners some understanding of what their obligations, and the limits of those obligations, were.”

As a result of the appeals court ruling, the CHRB is ordered to return those costs to Fipke, a noted diamond explorer.

[foregoforever]

The TDN article is very poor. The actual decision is much more readable. The key part starts on page 8.

https://www.courts.ca.gov/opinions/d...ts/B299810.PDF

[tbwinner]

Originally Posted by foregoforever

The TDN article is very poor. The actual decision is much more readable. The key part starts on page 8.

https://www.courts.ca.gov/opinions/d...ts/B299810.PDF

Agree. Very clear here.

Nice to see the courts getting after the CHRB and stewards a bit.

[Ray Donovon]

So Mr. Fipke is just supposed to hand over $110 K because he decided to ride Johnny V instead of Rosario? Why should Rosario be entitled to that payday ? Jocks lose mounts all the time. They also tell trainers they want to ride, but something better comes along and they are on him.

[dilanesp]

Having looked at Section 19500 it is super clear- if the rider gets taken off prior to the scratch deadline, he can get his "mount fee" (a nominal amount) but not his "riding fee" (the percentage). After scratch time, he gets both.

I am pretty amazed that the CHRB didn't know their own statute. Indeed, EVEN THE OWNERS' LAWYERS DIDN'T KNOW IT in the trial court, and Judge Chalfant, the trial judge, who is a good judge I have appeared before, didn't know it either.

The statute is clear as day. The appellate decision is correct.

[v j stauffer]

Originally Posted by Ray Donovon

So Mr. Fipke is just supposed to hand over $110 K because he decided to ride Johnny V instead of Rosario? Why should Rosario be entitled to that payday ? Jocks lose mounts all the time. They also tell trainers they want to ride, but something better comes along and they are on him.

Fipke gave Rosario a commitment to ride in a $2 Million race. He changed his mind 2 days before. Thereby making it impossible for him to have a chance to ride another horse. The Breeders' Cup is racings most lucrative day. The rule was and is very clear in the CHRB Rule Book. The Stewards decided based on that rule. An agreement should be binding. When it's betrayed the other way the Stewards have the ability to fine the agent or force the jockey to sit out the race if he doesn't honor his first call. Just because this guy had the money to see it all the way through doesn't make it fair or correct.

[v j stauffer]

Originally Posted by Ray Donovon

So Mr. Fipke is just supposed to hand over $110 K because he decided to ride Johnny V instead of Rosario? Why should Rosario be entitled to that payday ? Jocks lose mounts all the time. They also tell trainers they want to ride, but something better comes along and they are on him.

In this day and age of races being drawn 5 or even more days in advance "scratch time" has become vague and a misnomer. Most jurisdictions now employ a scratch off the program protocol. What becomes a bit more important is "press" time. This is when all information is hopefully correct. Technically a horse, especially in a Stakes race, can scratch without excuse from 5 minutes after the race is draw until 1 hour before post time. Rosario was named on the overnight to ride that horse. Handicappers around the world capped the race thinking he was the pilot. That was changed for no good reason. Yes not that big of a deal as both are elite riders but still misinformation. What if it was 50 years ago when Shoemaker or Pincay were the pinnacle of racing? What if you didn't want to compete vs the Shoe. Just name him on your horse. Wait until all the others are spoken for and pull the plug. Now the greatest rider in the world has to sit out giving you a tactical advantage when you put your guy up. There's a saying amongst jocks and agents. If you like me on entry day you have to like me on race day. What happened to Rosario was unfair by the rule book spirit or otherwise. The Court should leave the administering of racing rules to those who are best qualified to interpret them. Period. TERRIBLE DECISION

[Spalding No!]

Originally Posted by v j stauffer

Fipke gave Rosario a commitment to ride in a $2 Million race. He changed his mind 2 days before.

Fipke changed his mind 4 days before. Entry day was October 30, the race was November 3.

Thereby making it impossible for him to have a chance to ride another horse.

CHRB Rule 1791 states: Every jockey agent shall maintain a record of all engagements made for the jockeys he represents, and such record shall specify first, second or third calls in each race.

Wasn't it possible for Rosario to have a back-up mount ahead of time?

The rule was and is very clear in the CHRB Rule Book. The Stewards decided based on that rule.

The stewards didn't cite a specific rule in their original decision.

Originally Posted by v j stauffer

Rosario was named on the overnight to ride that horse. Handicappers around the world capped the race thinking he was the pilot.

Rosario was not named on the horse on the overnight. The overnight came out after the draw.

Not sure if anyone actually handicaps off the October 25 BC pre-entries, but those didn't list any jockeys, either.

The Court should leave the administering of racing rules to those who are best qualified to interpret them.

Coincidentally, there was another jockey dispute at the 2017 BC in the Turf Sprint when the connections of Mongolian Saturday opted to replace Javier Castellano (who rode the horse in his last 2--and best--starts) with Florent Geroux at the last minute (i.e., also on entry day). The stewards did not apply a double jockey fee in that case.

[JustRalph]

https://en.wikipedia.org/wiki/Charles_E._Fipke

Interesting bio

[v j stauffer]

Originally Posted by Spalding No!

Fipke changed his mind 4 days before. Entry day was October 30, the race was November 3.


CHRB Rule 1791 states: Every jockey agent shall maintain a record of all engagements made for the jockeys he represents, and such record shall specify first, second or third calls in each race.

Wasn't it possible for Rosario to have a back-up mount ahead of time?


The stewards didn't cite a specific rule in their original decision.


Rosario was not named on the horse on the overnight. The overnight came out after the draw.

Not sure if anyone actually handicaps off the October 25 BC pre-entries, but those didn't list any jockeys, either.


Coincidentally, there was another jockey dispute at the 2017 BC in the Turf Sprint when the connections of Mongolian Saturday opted to replace Javier Castellano (who rode the horse in his last 2--and best--starts) with Florent Geroux at the last minute (i.e., also on entry day). The stewards did not apply a double jockey fee in that case.

All overnights come out after the draw. Are you 100% sure he wasn't named at time of entry and therefore listed as the jockey on the overnight? If that's the case it's still not cool but not as bad. BC calls can be given and accepted weeks even months in advance.

[dilanesp]

Originally Posted by v j stauffer

Fipke gave Rosario a commitment to ride in a $2 Million race. He changed his mind 2 days before. Thereby making it impossible for him to have a chance to ride another horse. The Breeders' Cup is racings most lucrative day. The rule was and is very clear in the CHRB Rule Book. The Stewards decided based on that rule. An agreement should be binding. When it's betrayed the other way the Stewards have the ability to fine the agent or force the jockey to sit out the race if he doesn't honor his first call. Just because this guy had the money to see it all the way through doesn't make it fair or correct.

The CHRB Rule Book can't override a state statute. 19500 may be an awful statute. But the Court isn't allowed to ignore it.

[dilanesp]

Originally Posted by v j stauffer

All overnights come out after the draw. Are you 100% sure he wasn't named at time of entry and therefore listed as the jockey on the overnight? If that's the case it's still not cool but not as bad. BC calls can be given and accepted weeks even months in advance.

According to the Court of Appeal, the change came before the draw. This ruling preserves the CHRB's power to impose a double fee if a change occurs after the draw.

[mountainman]

Originally Posted by v j stauffer

In this day and age of races being drawn 5 or even more days in advance "scratch time" has become vague and a misnomer. Most jurisdictions now employ a scratch off the program protocol. What becomes a bit more important is "press" time. This is when all information is hopefully correct. Technically a horse, especially in a Stakes race, can scratch without excuse from 5 minutes after the race is draw until 1 hour before post time. Rosario was named on the overnight to ride that horse. Handicappers around the world capped the race thinking he was the pilot. That was changed for no good reason. Yes not that big of a deal as both are elite riders but still misinformation. What if it was 50 years ago when Shoemaker or Pincay were the pinnacle of racing? What if you didn't want to compete vs the Shoe. Just name him on your horse. Wait until all the others are spoken for and pull the plug. Now the greatest rider in the world has to sit out giving you a tactical advantage when you put your guy up. There's a saying amongst jocks and agents. If you like me on entry day you have to like me on race day. What happened to Rosario was unfair by the rule book spirit or otherwise. The Court should leave the administering of racing rules to those who are best qualified to interpret them. Period. TERRIBLE DECISION

Brilliant post. And on a closely related matter, THAT'S my biggest problem with entries earmarked in advance for scratching and made for the sole purpose of making a race "go." Aside from the fact that, in my opinion, it's a form of race fixing, it misdirects handicappers and constitutes a monumental waste of their time. Which SHOULD be a crime.