Horse Racing Law Suit

evans06 · Postby **evans06** » Sun Sep 11, 2011 3:40 pm

I am glad this story is getting some publicity. This guy scratched me twice.

Click link below to see video.

[url] http://www.katc.com/news/horse-racing-law-suit

More than a dozen trainers and horse owners at Evangeline Downs are suing the Louisiana Racing Commision. Don Stemmans has owned thousands of racing horses since the 1960s.

He said, "I've never seen a racing commission, ever like this, do anything like this."

Stemmans is one of many horse owners who have lost faith in the judgment of state veterinarians appointed by the Louisiana Racing Commission.

Nicholas Bellard is representing more than a dozen horse owners and trainers in the lawsuit.

"Over the last year and half or so they've been arbitrarily placing inordinately large number of horses on what is called the vet list, what's called the injured reserve-- they can't run," Bellard said.

Every time a horse is placed on the vets lists, anyone from owners to trainers, jockeys and even groomers lose out on money.

The dozens of horse owners and trainers say they are tired of spending money training their horses, only to have a state vet say their horse is unfit to compete. Stemmans owned 36 horses three months ago.

He said, "I sold them all. I have maybe five or six horses left. I can't afford to have to wait, to have to get a horse ready to run, it costs money."

Another horse owner, Lee Young, said "it costs me two races, both at 100,000."

Young says the recent events at the track are forcing him to call it quits.

He explained, "I got one of the best vets in the country that works on the horse and checks the horse before we even go and then we got a yo-yo here. I'm telling you this guy does not know which end of the horse he's looking at."

Bellard says up to 240 horses at Evangeline Downs have been ineligible to race at a single time.

He said, "personally I don't think it ever involved fixing racing, it involved get rid of a certain element of horse racing that they didn't didn't think was appropriate to horse racing in Louisiana."

The Racing Commission failed to return any of KATC's phone calls.

ratherrapid · Postby **ratherrapid** » Mon Sep 12, 2011 3:44 pm

basic accusation seems to be they're trying to get rid of a certain "element" by scratching their horses. wait to hear State Vet's side before any conclusions? I've had a horse unnecessarily scratched, by Bryce Peckam no less. He let Life at Ten run and scratched my horse for a small harmless wire cut perforation under a pastern. Cost a lot of $$$. Yet, unless something untoward's going on that can be proven, might have to side with the State vets on this one. there's probably lots and lots at Ev. Downs unfit to run. they're calling 'em on it, and they're upset. :roll:

photofinish · Postby **photofinish** » Mon Sep 12, 2011 5:02 pm

Never run in La., but wasn't it Evangeline a few yrs ago that was breaking them down left and right? I think the breakdown rate there was garnering alot of attention, some national (in the trades, anyhow)? Maybe the Powers That Be decided to get tough with the vet checks to try to stem the breakdowns? Just a thought. :evil:

's advocate.....

zinn21 · Postby **zinn21** » Wed Sep 14, 2011 7:25 am

Pretty poorly written article. The whole vet scratch/vet list is a gray area IMO. I've seen horses scratched by vets that are completely sound. Perhaps a scratch should be subject to more than one opinion.

casallc · Postby **casallc** » Thu Sep 15, 2011 11:20 am

Sounds like the kettle calling the pot black to me. I wouldn't trust Don Stemmans any further than I could throw him. I bought a "breeding" stallion from him over 30 years ago that turned out to be virtually sterile. It's a long story but I learned a costly lesson in Cajun horse trading - fortunately I had a contract that allowed me 30 days to evaluate the horse’s semen at home. I had several well known repro vets that confirmed the infertile horse.

zinn21 · Postby **zinn21** » Sat Sep 17, 2011 2:48 pm

Looks like the dislike for State vet's eye for a sound horse in now spreading like a virus to Ky. See link and here's a quote from the article:

Trainer Joe Woodard, second in the nation in victories this year, was ordered to remove his horses from Turfway Park after he scratched six horses entered Sept. 16 with just 15 minutes to post time for the first race.
Woodard, who trains for Billy, Donna, and Justin Hays, is involved in a dispute with Dr. Bryce Peckham, chief state veterinarian for the Kentucky Horse Racing Commission, over a horse Peckham scratched at Turfway Sept. 9.

Read more: http://www.bloodhorse.com/horse-racing/ ... z1YFTyZIuk

ratherrapid · Postby **ratherrapid** » Sat Sep 17, 2011 3:44 pm

peckam scratched a totally healthy horse of mine(who had won the week before) who had a week old small cut on his fetlock. peckam insisted on pressing on the cut and the horse would flinch. "this horse is sore". he then brought in another vet who also pressed on the cut. "we're scratching this horse". 4 days later I was allowed to breeze the horse and the took him off the vet list. my attitude was we're I the state vet, i'd have to be overly cautious also. I disagreed with Peckam and his reasons, but, he's still the state vet. I think these trainers who want to allege a conspiracy, the burden of proof is on them.

zinn21 · Postby **zinn21** » Sat Sep 17, 2011 8:34 pm

Yeah I guess if you pressed on a scab a horse would probably flinch. I wonder if they are pressing on quarter cracks? Probably not for fear they would get kicked...

evans06 · Postby **evans06** » Fri Oct 07, 2011 7:30 pm

Louisiana State Senate Now Involved

http://lahbpa.org/

Shammy Davis · Postby **Shammy Davis** » Sat Oct 08, 2011 8:26 am

I'm confused. In the letter, fist sentence 5th paragraph from link in the previous post says that VET is contracted by the LA Racing Commission. It appears from the LA senator's letter that the VET in question is not an employee of the state in the strict sense although he holds the title of state VET. I'm thinking the VET receives a 1099 not a W-2. My read is that the VET is a private contractor. I've got a fairly benigh understanding of the law, but one element of the law I do know is that "government (s)" cannot be sued unless the juristictional local, state, or federal court's allow it.

Shouldn't the trainer be sueing the LA Racing Commission?

evans06 · Postby **evans06** » Sat Oct 08, 2011 8:56 am

From my understanding, several owners and trainers have filed a lawsuit against the Louisiana Racing Commission. The Racing Commission falls under the authority of the State Commerce Division of state government. This is all being brought about because of the actions of one vet at Evangeline Downs during the latest thoroughbred racing meet. The meeting was well attended, and as you read in the letter it was attended by more than just trainers and owners (many others are affected). This situation is well known throughout the barns, backsides and racing offices of all four tracks in Louisiana.

Shammy Davis · Postby **Shammy Davis** » Sun Oct 09, 2011 7:44 am

I complained some years back because a horse, that I had a peripheral connection, was scratched by a WV state vet at the gate. I owned the gelding's mare. I was not the breeder of the gelding but I had driven four hours to watch the race.

I personally complained to the WVRC and I got a written reply. When everything shook out, it appears that the jockey had told the Vet at the gate the horse was off. So the Vet, after a limited exam and not really finding anything, scratched it on the word of the jockey.

That particular evening the gelding came back to the barn and was immediately checked over and found to be completely sound. Of note, this was first time this jockey had ever been on the horse.

I posted to this website about the incident at that time and you would have thought I had insulted the Pope. Lost of members in WV posted how great this state was etc. Later during that meet there was a flurry of breakdowns. Feast or famine, I guess.

All I was trying to do was to point out that thousands and tens of thousands of $$ are invested in all levels horses and if they don't run it's not just a loss of time. It is a financial loss to the investors.

With the economy on the slide, I'm sure there will be trainers and owners who are going complaining if state vets start scratching horses where physical exams (before and after) don't substantiate their actions.

I'm still wondering about LA State Vet position being contractual. I wonder how many other states have Vets who are contractors?

madelyn · Postby **madelyn** » Mon Oct 10, 2011 9:35 am

I often wonder if the "state vets" settle for that sort of job when they can't work anywhere else? I've seen the "state vet" pass a mare (6-5 favorite) who was toe-pointing lame on her left fore (probably had been quicked when she got her racing shoes on) and yet scratch a horse who just paddled a bit (fourth favored). And then one ponders further that perhaps they are under pressure to not scratch a favorite because the refund of the wagers would be traumatic to the track?

ageecee · Postby **ageecee** » Wed Oct 12, 2011 6:16 am

Heres my 2 cents:

1-Yes the vet is scratching way too many horses and he probbaly needs to go.

2-Some of the trainers of horses that have been scratched dont do any vet work and yes there horses are sore. The horse needs to be scratched.

I would love to see the list of trainers that are suing.