† Criminal InJustice is a weekly series devoted to taking action against inequities in the U.S. criminal justice system. Nancy A. Heitzeg, Professor of Sociology and Race/Ethnicity, is the Editor of CI. Kay Whitlock, co-author of Queer (In)Justice, is contributing editor of CI. Criminal Injustice is published every Wednesday at 6 pm.
Animal Rights, Human Wrongs and the Limits of the Law
by nancy a heitzeg
For Inesperado ~
On March 19, 2014, Joe Drape and the New York Times published the following article, “PETA Accuses Two Trainers of Cruelty to Horses.” The trainers in question were Steve Asmussen, who is second in career victories and racing’s fifth all time $$ winner,, and his right hand man Scott Blasi. The complaints come as the result of an undercover investigation (with 7 hours of video) at Asmussen’s barns at Churchill Downs, home of the Kentucky Derby, and Saratoga Race Course in New York. PETA filed a 285 page complaint with both state agencies and federal authorities charging that Asmussen “forced injured and/or suffering horses to race and train.” Among the infractions documented in the video (PETA quoted and paraphrased below):
- “Although it’s approved only as a prescription medication for horses with hypothyroidism, the drug thyroxine was being administered to many, if not all, horses in Asmussen’s New York stable, without any apparent testing or evidence of any thyroid condition. (This is the same drug linked to the death of 7 Bob Baffert – trained horses in a sixteen month period ). This drug was recklessly administered seemingly just to speed up metabolism—not for any therapeutic purpose.
- Lasix—a controversial drug banned in Europe on race days—was injected into “basically all” of Asmussen’s horses who were being raced or timed in New York. A powerful drug meant to prevent pulmonary bleeding in the lungs during extreme exercise, Lasix is a diuretic that can serve as a masking agent for other drugs and also dehydrates horses to make them lose weight and run faster. One of New York State’s top horse-racing veterinarians admitted on camera to PETA’s investigator that Lasix is a performance-enhancing medication.
- Horses’ legs showed multiple scars from being burned with liquid nitrogen―a process called freeze-firing―and burned with other irritating “blistering” chemicals, purportedly to stimulate blood flow to their sore legs.
- Horses were also given muscle relaxants, sedatives, and other potent pharmaceuticals to be used for treating ailments such as ulcers, lameness, and inflammation, at times even when the animals had no apparent symptoms.
- Some horses were reportedly electro-shocked with concealed buzzers. One of Asmussen’s trainers, Scott Blasi, jokingly called his top jockey, Ricardo Santana, a “machine rider”―a nickname for riders who shock horses. And Hall of Fame trainer D. Wayne Lukas laughed as he described how, at New Mexico’s Ruidoso Downs racetrack, it was like “a full-blown orchestra. Zzz. Zzz. Zzz. Zzz. Everybody had one.”
- Of particular note was the abuse suffered by Nehro, a horse that came in second in the 2011 Kentucky Derby. What race enthusiasts and reporters never knew was that just a few years later, Nehro was racing and training on chronically painful hooves with holes in them. One of the hooves was, at one point, held together with superglue…yet Nehro was kept on the track and forced to participate in workouts. Just two years after that Derby finish, Nehro developed colic and went mad from pain. He was euthanized at Churchill Downs on the day of the 2013 Kentucky Derby.”
- PETA also accused Asmussen of employing undocumented workers, requiring them to use false names on Internal Revenue Service forms and conspiring with Blasi to produce false identification documents, according to complaints filed with state and federal agencies.
In the immediate aftermath, Scott Blasi has been fired by Asmussen Stables, and Asmussen himself was removed as one of the finalists for the Racing Hall of Fame. Zayat Stables (owners of Nehro) has terminated Steve Asmussen and moved all 12 of its horses that were previously in the trainer’s care. 3-year-old Finesse – ridden by Ricardo Santana and trained by Steve Asmussan – collapsed and died of an apparent “cardiac issue” on March 21 after finishing second in a race at Oaklawn. And, the New York State Gaming Commission, the Kentucky Horse Racing Commission and the New Mexico Racing Commissions have launched investigations. Demands increased again for federal oversight of horse-racing and the passage of the Horseracing Integrity and Safety Act of 2013 (Senate Bill 973 and House Bill 2012). To be sure, more to follow.
For even causal observers of horse-racing, these revelations, however disturbing, were no surprise. Horse-racing is the USA is not the “sport of kings” but rather a marginalized meat-grinder industry which chews up both young and old horses at an alarming rate. It is a loosely regulated association of state “gaming” commissions with little Federal oversight, (and in fact, Federal exemptions to profit from off-track and internet betting). an industry where serial dopers are Eclipse Award winners and mufti-millionaire breeders may neglect and starve their horses. U.S. horse racing is awash in drugs – both legal and otherwise. Lasix, steroids, Clenbuterol, cortisone, lidocaine, mevipacaine, EPO, cobra venom, “milk-shaking”/TCO2, amphetamines and vodka injections are just a partial listing of licit and banned substances used regularly in racing.
Mostly, it is an industry that kills off its’ athletes. Some of the dead are famous like the ill-fated Barbaro, Eight Belles who died in the dirt with two broken ankles after finishing second in the 2008 Kentucky Derby, and Go For Wand, whose breakdown in the 1990 Breeder’s Cup Distaff was one racing’s most gruesome nationally televised moments. Most of the dead are lesser known – some former stakes horses, like Inesperado. that have fallen down through the claiming ranks, others are mere 2 year olds, and many are old geldings raced endlessly long past their prime. The majority of horses die in low level claiming races or during training with little fanfare and perhaps less remorse. They have inelegant names and ignominious ends like Private Details whose breakdown caused a 5 horse pile-up at Aqueduct or Mr. Smee, a five year old gelding who broke a hind leg, went through the rail and drown in the in-field lake at Lone Star Park.
For obvious reasons, there is little transparency here. The industry only recently began to collect and does still not regularly publish national fatality data, but an average of 24 horses suffer fatal breakdowns at tracks across the country every week, – more than 3 Dead per Day — and 10,000 broken-down thoroughbreds are sent to slaughter every year. (Please see the excellent New York Times investigation, Breakdown: Death and Disarray at America’s Race Tracks).
For jaded observers, questions remain as to whether or not this will finally finally finally — how many do you need? – be the wake-up call that leads to federal oversight and long needed horse-racing reforms. But no one is holding their breath. The truth of the matter is this – perhaps the harshest legal consequences to result from the ensuing investigations will be for the Federal violations around use of undocumented workers and falsification of tax records. Even if the accusations of animal cruelty meet the legal bar (and they should), this case will most likely reveal again, that when it comes to animals, there are many limits to the law.