The board of the Horseracing Integrity and Safety Authority on Thursday rejected a request from jockey Paco Lopez for a stay of a six-month suspension while he appeals the penalty, according to Lopez’s attorney.
The rejection, which was confirmed by a HISA official on Thursday night, will almost certainly mean that Lopez will be unable to ride this weekend at Santa Anita Park, where he was named on four mounts on the Saturday card, including First Mission, the morning-line favorite for the Grade 1 Goodwood Stakes. The suspension went into effect Tuesday.
Drew Mollica, the attorney for Lopez, said that he was informed of the denial on Thursday afternoon.
“We will be evaluating all of our legal options,” Mollica said, including filing a lawsuit seeking injunctive relief and sanctions in a civil court.
On Tuesday, HISA announced the six-month suspension, stating that it was triggered by a clause in an agreement Lopez reached in January that allowed him to return to riding. HISA had earlier issued an indefinite suspension to Lopez in December of last year after he struck a horse across the neck with his whip while riding to the winner’s circle at Parx Racing.
The reinstatement agreement, which is available on HISA’s website and was signed by both Lopez and Mollica, states that Lopez will receive an “immediate and automatic” six-month suspension if the jockey “commits another violation of HISA rules that involve conduct similar to the conduct at issue within the notice.” The order deals specifically with the December post-race whipping incident at Parx.
HISA officials have contended that the language in the agreement was triggered after stewards at the New York Racing Association ruled last week that Lopez raised his wrist above his helmet before striking Book’em Danno in the Aug. 23 Forego Stakes at Saratoga, violating HISA’s whip-use rules.
Mollica said that the language in the reinstatement agreement does not apply to the incident in the Forego.
“This is apples and oranges,” Mollica said. “That’s all I will say about that. He didn’t breach the agreement. HISA did.”
Lopez is leading North America in wins this year, but his riding behavior caught the attention of animal-rights activists last year due to the incident at Parx. PETA had sent a letter to HISA last week contending that the latest whip violation in the Forego should lead to harsh penalties against the rider, who had been cited for 10 whip violations in the 12 months prior to the Parx incident.
The involvement of PETA has ruffled feathers within the horse racing community, including at The Jockeys’ Guild, which has long been at odds with HISA for the implementation of rules limiting use of the whip and the penalties HISA has assessed for violations.
The “Jockeys’ Guild and jockeys throughout the country are standing with Paco with regards to the absurdity and unjustifiable suspension of six months for his riding crop violations,” said a statement released by the guild on Thursday that erroneously contended that the reinstatement agreement was confidential. “On behalf of our members, we will continue to fight the unfair and unreasonable rules and to do what is in the best interest of racing, while protecting the human and equine athletes.”
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