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Author Topic: Why is nothing being done at Hawthorne  (Read 32520 times)
onthebit1
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« Reply #125 on: November 16, 2012, 01:54:12 PM »

I'm no lawyer, but it would seem to me that a whole lot of people (track mgt., vets, state vets, etc) are in violation of the Illinois Diseased Animals Act with how they are mis-handling this outbreak.
 
http://www.ilga.gov/legislation/ilcs/ilcs3.asp?ActID=1713&ChapAct=510?ILCS?50/&ChapterID=41&ChapterName=ANIMALS&ActName=Illinois+Diseased+Animals+Act%2E

Most interesting are sections 50/21, 50/22, and 50/24.

As a former trainer and current owner of a horse stabled at Hawthorne, I am stunned at the mishandling of this outbreak and at the lack of concern by horsemen for the welfare of their horses and for other owners/trainers horses. Clearly, the vast majority back there have NO clue how serious this disease is and more frightening, no clue how to properly contain it.

My heart breaks for Equiforce and others who have already lost horses to this tragedy. From the looks of things, the only way this will be contained is when lawyers and lawsuits begin converging on those responsible for not implementing AND enforcing proper quarantine protocols.

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honest & balanced terry
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« Reply #126 on: November 16, 2012, 01:55:33 PM »

Today's latest update, from Hawthorne via the ITHA website:

"      This morning we received results back on the pair of horses that were

under observation in Barn E on the Hawthorne backstretch.  The horse that

deceased on Wednesday, November 14 along with the horse that was moved

into isolation in Barn K2 both tested positive for EHV-1.  With the precautions

that are in place, we have asked that 6 horses be moved into the isolation area

within barn K2 for further monitoring.  The sole purpose of isolating these horses

is to be able to monitor these horses, along with allow the 1,800 plus remaining

horses that are healthy to continue racing.

 

            Horsemen need to understand, this is a virus that we do not have a

vaccination for and do not know a cause for how it began.

 

            We have numerous questions being asked in regards to EHV-1, the

timeframe and the process involved.  There have been numerous disinfecting

and hygienic precautions put into place to allow those healthy horses to control

this outbreak.  This continues daily.  The disinfecting of the paddock, starting gate,

pony equipment, etc. is done between every race.

 

            We do have six horses that are in isolation being monitored while we have

a vast majority of horses able to race.

 

            Unfortunately, with these additional positive horses, the first question is

when horses can ship out.  Currently we do not know.  This is under the

determination of the Illinois Department of Agriculture, not Hawthorne,

not Dr. Folker or any practicing veterinarian.

 

            We are very concerned about limiting this exposure and spread.

All of the research that has been done by every expert has procedures and

precautions, but there is no concrete solution.

 

            Most important to everyone involved is the health of the horses on

the backstretch.  Everyone is in agreement on this.  Next is being able to

determine the steps necessary to control the outbreak of this virus.

 

            In all of the research done regarding EHV-1, this is not a virus that

is passed via training or racing.  There would be more of a concern if horses

were locked into barns and unable to leave their stalls. Horses are exposed

to EHV-1 in so many different ways.  If horses were unable to leave their stall,

they would still possibly be exposed to EHV-1 as well as any other possible

injuries they could sustain while not being able to leave a stall.

 

            We know there are concerns from everyone and we are trying to best

handle this in the best interest of the horses on the Hawthorne backstretch.

  This is a difficult situation for all parties. We are worried about the livelihood

of our horses and horsemen.  This is an industry that employs 30,000 people

in the state of Illinois.  We are taking all of this into regard.

 

            Most important, we ask for the continued cooperation of all on

the Hawthorne backstretch.  We ask that the trainers, vets, grooms,

hotwalkers and anyone who may be in contact with a horse maintain

proper hygiene.  We will continue the disinfecting procedures in regards

the daily racing operations."  
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honest & balanced terry
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« Reply #127 on: November 16, 2012, 02:03:12 PM »

I'm no lawyer, but it would seem to me that a whole lot of people (track mgt., vets, state vets, etc) are in violation of the Illinois Diseased Animals Act with how they are mis-handling this outbreak.
 
http://www.ilga.gov/legislation/ilcs/ilcs3.asp?ActID=1713&ChapAct=510?ILCS?50/&ChapterID=41&ChapterName=ANIMALS&ActName=Illinois+Diseased+Animals+Act%2E

Most interesting are sections 50/21, 50/22, and 50/24.

Those three sections would seem to apply more to the individuals owning and handling horses.
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Equiforce
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« Reply #128 on: November 16, 2012, 02:04:30 PM »

Such pretty words
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onthebit1
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« Reply #129 on: November 16, 2012, 02:05:40 PM »

and the denial continues...QUOTE " In all the research done regarding EHV-1 this is not a virus that is passed via training or racing." END QUOTE.

Interesting statement. I suppose then that one can safely assume that snot flying out of the nostrils of that horse in front of you (next to you, whatever) which then lands on your horses face could NEVER be cause for concern. Wow...just wow.  
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onthebit1
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« Reply #130 on: November 16, 2012, 02:11:25 PM »

Those three sections would seem to apply more to the individuals owning and handling horses.

I believe that we are all (horse owners, livestock owners, handlers, etc) bound by this statute. More importantly, those who are in particular, licensed by the state (vets, state vets, animal health officials, etc) are also bound and compelled to act in accordance with ALL animal health statutes..state and federal. 
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honest & balanced terry
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« Reply #131 on: November 16, 2012, 02:15:16 PM »

Lots of pretty big name trainers including some known to care about their horses just as much as the next guy, as well as just as smart as the next guy, or more, still out there running today. I'm guessing there's some difference of opinion on the backside regarding what actions are being taken, or should be taken.
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Equiforce
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« Reply #132 on: November 16, 2012, 02:24:54 PM »

We are actually running a horse today.  I am not happy about it.  The horse is not stabled near the horses that tested pos.  HOWEVER, he is certainly in the same barn.  The horse was already in, and a decision was made ( not by me, for sure) to leave him in.  With that being said, I would be FURIOUS if I was standing in the gates next to a horse that just walked from a barn that has had no less than 5 positives, including one fatality with 2 trainers infected.  The trainers need to literally say that they don't want to race with another horse, under those conditions.
I've been assured that this horse is only running because he hasn't tested pos. and that he was already in and no others will be entered.  That's one too many for my taste though.
So, I agree with you 100% on that point Terry
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honest & balanced terry
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« Reply #133 on: November 16, 2012, 02:26:09 PM »

I believe that we are all (horse owners, livestock owners, handlers, etc) bound by this statute. More importantly, those who are in particular, licensed by the state (vets, state vets, animal health officials, etc) are also bound and compelled to act in accordance with ALL animal health statutes..state and federal. 

Yes, everyone is bound by it, but the sections you quoted apply to people who knowingly conceal illnesses, or transport sick animals outside a quarantine zone, or whatever. I don't see either the track or the State doing that. The sections that guide the actions of State entities are up front in the first few sections.

The law DOES have a coverall section that would seem to allow for fines against individuals breaking the rules, whether track employee or horseman employee, and maybe the State Dept of Ag people running this show should start employing it:

"(510 ILCS 50/23) (from Ch. 8, par. 190)
    Sec. 23.
    Any person violating any provision of this Act or any rule issued by the Department under the provisions of this Act, other than the provisions and rules for the violation of which other penalties are prescribed in this Act, is guilty of a business offense and shall be fined not less than $50 nor more than $1,000.
(Source: P.A. 77-2679.)"
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« Reply #134 on: November 16, 2012, 02:30:46 PM »

Terry,
Sec 3, CH 8, para 170
Also states that if such a disease is found to be of a dangerously contagious or dangerously infectious nature to humans or other animals, the Dept of Agri shall order such disease or contamination, AND THE PREMSES IN OR WHICH THEY ARE, OR HAVE RECENTLY OCCUPIED, TO BE QUARANTINED.   

Which is why I don't understand why the individual barns are NOT being quarantined.
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honest & balanced terry
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« Reply #135 on: November 16, 2012, 02:35:44 PM »

Terry,
Sec 3, CH 8, para 170
Also states that if such a disease is found to be of a dangerously contagious or dangerously infectious nature to humans or other animals, the Dept of Agri shall order such disease or contamination, AND THE PREMSES IN OR WHICH THEY ARE, OR HAVE RECENTLY OCCUPIED, TO BE QUARANTINED.  

Which is why I don't understand why the individual barns are NOT being quarantined.

That's a good question you'd have to ask of the State vet. It makes sense to me. It's what they originally did with Barn A, is it not?
« Last Edit: November 16, 2012, 02:37:32 PM by honest & balanced terry » Report to moderator   Logged

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Red Ketcher
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« Reply #136 on: November 16, 2012, 02:42:27 PM »

Just guessing but maybe:
 
  Liability under 50/24 may well turn on construction of the term "having charge".

  Argument would be that Track Management does ultimately have charge of all the animals.  Probably true.

  Then the issue would be did Mgmt. act "reasonably".  Big difference of opinion exists.

  But Track's best defense will be we relied on the "State Vet" and that equals No Liability-No Damages.

  If above analysis even half way  correct , lawsuit to get damages might be big longshot. ( means lawyers will want serious cash up front, no contingency fee agreements likely) )

 Again , just guessing.
  
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Equiforce
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« Reply #137 on: November 16, 2012, 02:49:38 PM »

Wouldn't they be considered negligent if they failed to contain the quarantined horses in an appropriate manner ?  Notification in entryways, some sort of security, thereby "securing" the area. 
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onthebit1
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« Reply #138 on: November 16, 2012, 02:50:22 PM »

Terry,
Sec 3, CH 8, para 170
Also states that if such a disease is found to be of a dangerously contagious or dangerously infectious nature to humans or other animals, the Dept of Agri shall order such disease or contamination, AND THE PREMSES IN OR WHICH THEY ARE, OR HAVE RECENTLY OCCUPIED, TO BE QUARANTINED.   

Which is why I don't understand why the individual barns are NOT being quarantined.

[/quote

Exactly!!

Equiforce...do you know whether or not any actual Department of Agriculture Board of Animal Health officials were present at the meeting this morning? Was Dr. Ernst from IDOA present? I tried contacting him and animal welfare chief Regina Burris yesterday and was informed that both Dr.Ernst and Ms. Burris were out of the office yesterday and today. Wondering if any real input is coming directly from Springfield...  
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Red Ketcher
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« Reply #139 on: November 16, 2012, 03:14:37 PM »

 
 Guessing again:

  Think Track is off the hook as long as they are relying on " State Vet".   So Track would be clear even if "State Vet's " plan is flat out wrong. 

  And the State has multiple immunities, defenses , and their own "Court of Claims"  which makes nailing the State a mega longshot.

  So even if 1000% right , guess is probably still lose.  Raw deal.

 Again just guessing.
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Equiforce
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« Reply #140 on: November 16, 2012, 03:16:35 PM »

I agree.  Thank you for your input.  It is very much appreciated.
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honest & balanced terry
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« Reply #141 on: November 16, 2012, 03:32:17 PM »

Equiforce has the ITHA taken any action in this affair, like maybe offering up backside help training programs like you have given your own barn help, or used association funds to buy sanitizing/sterilizing supplies for those poorer barns, or anything along those lines?
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« Reply #142 on: November 16, 2012, 03:41:28 PM »

Equiforce, im truly sorry for you and your owners loss  Sad!  I have to ask why is reavis' horses allowed to train with the general horse population and after the most recent incident why arent all his horses that have already been entered being scratched?HuhHuh? someone brought up the divito horse who tomorrow is now running under another trainers name, why is that one being allowed to run, did it ship in from off the grounds or something? divito hasnt run a horse the entire meet for obv reasons. also i noticed today becker scratched both horses he had entered, hopefully that has nothing to do with all thats going on and is just a coincidence.


brivolta, i hope everything is ok with your filly, she ran another nice race yesterday, congrats!
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« Reply #143 on: November 16, 2012, 03:42:51 PM »

Equiforce has the ITHA taken any action in this affair, like maybe offering up backside help training programs like you have given your own barn help, or used association funds to buy sanitizing/sterilizing supplies for those poorer barns, or anything along those lines?

I was just typing the same question. Has the ITHA leadership been with you on this? Were they at the meeting this morning?  I think they get 2% of the purse account, this should be where we get a return on that investment.
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« Reply #144 on: November 16, 2012, 03:45:53 PM »

i see some have mentioned cancellation of racing, id say the chances of that are slim to none atleast as of now considering hawthorne basically has the best field sizes this weekend barring scratches it has had pretty much the entire meet thus far. also next friday is usually a huge day for them( day after t'gving) atleast attendance wise, they dont wanna lose all that money
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« Reply #145 on: November 16, 2012, 03:54:00 PM »

Equiforce, im truly sorry for you and your owners loss  Sad!  I have to ask why is reavis' horses allowed to train with the general horse population and after the most recent incident why arent all his horses that have already been entered being scratched?HuhHuh? someone brought up the divito horse who tomorrow is now running under another trainers name, why is that one being allowed to run, did it ship in from off the grounds or something? divito hasnt run a horse the entire meet for obv reasons. also i noticed today becker scratched both horses he had entered, hopefully that has nothing to do with all thats going on and is just a coincidence.


brivolta, i hope everything is ok with your filly, she ran another nice race yesterday, congrats!

Thank you very much. I don't know for sure why Becker's two have scratched, but I assume it is because of today's developments since he is in the same barn.

Ya she ran great. She always tries as hard as she can. Hopefully she will come out of this outbreak without catching anything and will be okay.
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« Reply #146 on: November 16, 2012, 04:22:42 PM »

Terry, we scratched.  Couldn't do it.  Just wanted to let everyone know.
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« Reply #147 on: November 16, 2012, 04:24:07 PM »

No, the ITHA doesn't seem to be involved.
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honest & balanced terry
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« Reply #148 on: November 16, 2012, 05:19:42 PM »

No, the ITHA doesn't seem to be involved.

So pretty much the whole epidemic seems to be viewed as Hawthorne's problem and Hawthorne's responsibility to solve?
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« Reply #149 on: November 16, 2012, 05:28:34 PM »

it falls on everyone working there but its their property so they are the ones ultimately responsible and potentially liable wouldnt you say?


So pretty much the whole epidemic seems to be viewed as Hawthorne's problem and Hawthorne's responsibility to solve?
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