The Thoroughbred Manifesto: a Proposal

I.

 

I’ve mentioned a few times that the reason we have individual state racing commissions, rather than a centralized governing body, is that racing, because of the gambling element, comes within the scope of a state’s police power to regulate public health, welfare, safety, and morals. When a state racing commission is challenged in court, the language you see justifying the commission’s power reads along the lines of the opinion in Hubel v. West Virginia Racing Commission (4^th Cir. 1975): the state has a “weighty interest in protecting the purity of the sport, both from the standpoint of protecting its own substantial revenues derived from taxes on legalized pari-mutuel betting and protecting patrons of the sport from being defrauded.”

 

But even the 4^th Circuit cited another of the state’s interests, albeit in passing – “the humanitarian interest in protecting the health of the horse.” The 4^th Circuit found the interest in protecting the betting public “broader” and “more weighty,” but other courts have addressed the “humanitarian” interest as well, particularly in Kentucky.

 

There are three equi-centric (new word) issues that underlie a state’s interest in protecting the Thoroughbred. First is the health of the horse, which can be adversely affected by drugs or invasive procedures. Second is the protection of the horse industry, which in Kentucky, for instance, provides 52,000 full-time jobs and has an economic impact of about $2.3 billion (AHC economic study). Third, and most overlooked, is the advocacy of the Thoroughbred breed itself.

 

One of my favorite judicial opinions (bear with me, it really is good) was written by Justice E.C. O’Rear nearly a century ago. Writing eloquently for Kentucky’s highest court in State Racing Commission v. Latonia Agricultural Association (Ky. 1909), O’Rear addressed Thoroughbreds as a breed:

 

“Thoroughbred horses, so called, have been bred and used mainly for the development of speed upon race courses. So far they would appear to be only a means of amusement. But they are more. They are known to be a foundation, or that their blood and qualities enter largely in every other excellent breed of horses in this country except the heavy draft animals. The sons and daughters of Messenger, son of Mambrino (th), are the great trotters and pacers, while Denmark, Bloods Black Hawk, the Clays, Peters Halcorn, Copperbottom, and other notable strains of Thoroughbreds, infused through domestic bloodlines, have produced that strictly American horse, the saddler, who carries his rider with ease and without discomfort to horse or horseman. And so Mambrino was the progenitor of a tribe of coach horses of excellence and value. Indeed, it would seem not to require a knowledge of the history of the breeds of horses to appreciate the fact that, where grace, beauty, strength, amiability, and sagacity are to be found in a breed of horses, those qualities imparted to any other breed of horses lacking in any of them will necessarily improve the latter stock.” (emphasis added)

 

O’Rear’s opinion is important for at least two reasons. First, he focused on the Thoroughbred beyond just the scope of racing. Second, he basically summarized the development of the sport horse over the twentieth century. My horse, for example, is ostensibly only ¼ Thoroughbred while ¾ warmblood. But his warmblood lines are infused with Thoroughbred blood. Through his sire, a Selle Francais, you find Furioso (GB), Foudroyant II (Fr), and Galopin (GB). Through his dam’s sire, a Swiss Warmblood, he has Furioso (again), Swynford (GB), and countless other well-known Thoroughbred sires.

 

In addition to being the foundation of warmblood breeds, Thoroughbreds are also fabulous sport horses in their own right. For instance, some of the greatest showjumpers of the twentieth century were mediocre racehorses that turned out to be phenomenal jumpers. From Idle Dice, to Jet Run, to Sinjon to Snowbound, to the aptly named Touch of Class, the ranks of the Show Jumping Hall of Fame are filled with Thoroughbreds that were failures on the track, but transitioned to brilliant careers in the ring.

 

But the usefulness of the Thoroughbred as a foundation for sport horses had an unfortunate and ironic effect. In the mid-twentieth century, there was a significant market for off-the-track or un-raced Thoroughbreds in the sport horse world. The stylish, athletic Thoroughbred was the standard in the hunter ring. But starting in the late 80’s, the European warmbloods, many infused with Thoroughbred lineage, came into vogue in the sport horse industry. Today, Thoroughbreds in the sport horse world are increasingly rare, outside of eventing and a few honest efforts to showcase the Thoroughbred in the hunter/jumper world. The influx of warmbloods has seriously undercut the market for off-the-track thoroughbreds.

 

II.

 

There is a spectre haunting racing – the spectre of change. These days, it seems like every racing industry group is forming a committee, from the Jockey Club Thoroughbred Safety Committee, to the subcommittee of the Kentucky Horse Racing Commission and now the HBPA has gotten in on the action. Congress is discussing changes, and the industry insiders left out of the Congressional hearings are discussing what they would have said had they been included. All these committees, meetings, proposals, opinions – they prove that the industry seems to be open to change (or at least the illusion of change). But they don’t seem to be moving the industry toward uniform changes. Sometimes it really does feel like we’re in Wonderland.

 

One focus of the many opinions circulating right now is the fate of the Thoroughbred after the track. There are already nonprofit organizations and volunteers scrambling to provide for the horses that wash out of racing, and industry opinions are similarly focused on the matter as a “rescue” issue. Herb Moelis, president of Thoroughbred Charities of America, proposes that the Jockey Club add $50 to their registration fee, to create a “social security” system for Thoroughbreds (although I like Winston’s term for it, “superfund,” better, as well as his illustration). Notice that this money would, again, go to rescue organizations. And that is great; they need the money, and they play a vital role in looking out for the interests of Thoroughbreds.

 

But is no one else concerned that we are creating a social security system for horses that are often young, fit, and sound? While, certainly, many of the Thoroughbreds that end up “unwanted” are aged and in need of retirement, befitting a ‘social security’ net, I am greatly troubled that most of the planning for the future of racehorses involves either anticipating that they will be rescued or setting aside money to pay for them to sit in a field after they stop racing at, say, 3 or 4. Rescues and other organizations like C.A.N.T.E.R. often try to find homes for off-the-track Thoroughbreds where they can lead useful lives, but these organizations are providing a safety net that shouldn’t need to be there.

 

III.

 

I’ve now enumerated two problems: (1) that too many industry players focus on the Thoroughbred solely in the context of racing or breeding for racing, with a very limited useful life and potential, especially if they aren’t stallion or broodmare prospects (oh, blessed are the geldings), and (2) that the market dropped out of what used to be a useful second career for racehorses in the sport horse world.

 

Here’s an idea for the industry that doesn’t implicate state racing commissions, federal intervention, or other tricky regulatory matters. It will require some money, some phone calls, a few committees, and cooperation. It will result in an improvement of problems (1) and (2), as well as great PR and peace of mind.

 

There needs to be an alliance between the sport horse world and the racing industry, with an aim to facilitating the flow of horses from jobs in racing to jobs after racing (many sport horses are useful into their twenties). If we could (re)create a market for Thoroughbreds after their racing career (or even before they race, if they don’t show much promise), maybe kind souls wouldn’t have to rescue former race horses out of kill pens.

 

My idealistic/naïve plan for (re)creating a market for Thoroughbreds in the sport horse industry will, of course, require incentives on both sides of the deal. So I propose that some of the big breeders or other industry players step up to sponsor Thoroughbred and Off-the-Track Thoroughbred classes and divisions at USEF shows, i.e. the “the Three Chimneys Thoroughbred Hunter Classic,” or the “Keeneland Thoroughbred Gambler’s Choice.” Points won by a horse in these classes and divisions would count toward both USEF year-end points and a Thoroughbred year-end championship, for both horse and breeder awards. Ultimately, there would be a year-end show for Thoroughbreds as well. This plan would also capitalize on the momentum of the new Hunter Derby classes, which might prove to be a niche for the brave, agile Thoroughbred. Industry players could likewise sponsor Pony Club events (pony club kids have always provided great homes for off-the-track horses), dressage shows, and 3-day events, all highlighting the Thoroughbred.

 

If there was an incentive for Thoroughbred owners to sell into the hunter/jumper industry, owners might be less likely to drop horses through the claiming ranks to get rid of them, or sell them to buyers lurking in the shedrows. If the Thoroughbred industry could widen its scope beyond the three years a horse might race, that might be an added incentive to breed endurance and hardiness into the Thoroughbred. To whatever extent breeding for speed has resulted in a more fragile horse, it has also hurt the market for the off-the-track Thoroughbred; the general perception, correct or not, is that Thoroughbreds tend to be too fragile for a long career. And let me put this out there – a complete steroid ban would go a long way to making sport horse owners more willing to invest in an off-the-track Thoroughbred. Arguments about the effects of anabolic steroids aside, anyone who has dealt with a Thoroughbred fresh off the track knows that it takes at least six months for the steroids to get out of their system, and the horses aren’t always easy to deal with in the meantime.

 

IV.

 

Increasingly, industry insiders seem to be recognizing that there are problems with the Thoroughbred industry. In fact, there are so many problems circulating in editorials, blogs, newspaper articles, and committee meetings, that it’s starting to feel like one big therapy session.

 

In that vein, consider my plan “occupational therapy.”