By T. D. Thornton
New Jersey could be on the cusp of enacting the country's most stringent anti-whipping rule in Thoroughbred racing. But the state's racing commission is providing scant details on the proposal itself, the opportunities for public comment on it, or exactly where the measure is in the rulemaking process.
On Wednesday, the same day that the New Jersey Racing Commission (NJRC) held a public meeting at Monmouth Park with a Thoroughbred whip-related rulemaking change on the agenda, the NJRC and the New Jersey Attorney General issued a joint press release that announced, in part, the following no-whip rule proposal:
“The proposed rule on use of a riding crop in Thoroughbred racing would ban any use of the crop by jockeys and exercise riders to make a horse run faster.
“When used in an emergency by jockeys or exercise riders trying to control a horse and prevent injury, only the 'soft tube portion' of the riding crop could be applied, and only to the horse's shoulders or hind quarters. The rule would prohibit use of any part of the riding crop on a horse's head or flanks.
“The proposed Thoroughbred rule also specifies legal limits for the length, diameter and weight of the riding crop, as well as other characteristics (i.e., the grip would have to be smooth, with no protrusions or raised surfaces, and the shaft would have to be covered by shock-absorbing material, etc.)…
“Also, the rule would prohibit use of the whip more than three times in succession without giving the horse a chance to respond [and] would require post-race visual inspections of horses to ensure no evidence of injury from excessive whipping.”
On Thursday, TDN left a phone message for Judith Nason, the NJRC's executive director, to find out the background about the no-whipping rule, how it came about, how commissioners voted on the proposal, and what the timetable would be for public comment and a final vote.
A NJRC staffer returned the call but said Nason would not be available to provide any information about the proposal or what happened at the NJRC meeting.
When the staffer was asked if any other commissioner or NJRC employee could provide details, or if Nason would reconsider being interviewed given the industry-wide magnitude of the topic of whipping, the staffer put the call on hold to check with Nason. The staffer came back on the line moments later to reiterate that Nason would not speak on the matter, nor would anyone else at the NJRC be made available for an interview.
The staffer said that at Nason's request, all media inquiries about commission matters needed to be directed to the state attorney general's press office, even if the questions specifically pertained to horse racing and the NJRC's own rulemaking process.
TDN then called the AG's office and left a detailed message for Lee Moore, the public information officer, but did not receive a return call prior to deadline for this story.
Jeff Johnston, the regional manager for the Jockeys' Guild, whose territory includes Monmouth, told TDN via phone that the Guild was unaware any new anti-whipping rule was under consideration in New Jersey.
According to the NJRC's website, nine commissioners are supposed to be seated on the board, but only four right now are appointed, leaving five vacancies.
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