Mid-Day Ethics Refreshment, 6/12/2018: “Ethics Isn’t A Horse Race, It’s A Marathon” Edition

Good afternoon…

1. Culture rot symptoms. Once upon a time it would have been unthinkable and shameful for the owner of a losing horse in a Triple Crown race to claim that dirty tactics have affected the outcome. That, however, was before the loser of the 2016 Presidential election did the equivalent sour grapes act, loudly and continuously. This is how important cultural ethics norms fall off in chunks.

Justify becoming the only undefeated Triple Crown champion after Seattle Slew as he won the Belmont Stakes was immediately smeared  by Mike Repole, co-owner of fourth-place Vino Rosso and last-place Noble Indy. He didn’t claim Russian collusion, just equine collusion.

“Justify is a super horse. He is a Triple Crown winner and he’s undefeated,” said Repole “But I can see the stewards looking into this over the next couple of days. I probably expect them to look into reckless riding by Florent and bring him in to question him about what he was thinking and what his tactics were.”  He accused jockey Florent Geroux of riding Restoring Hope, Justify’s stablemate, to clear the way for Justify to win the race.

“It definitely seemed to me [Restoring Hope] was more of an offensive lineman than a racehorse trying to win the Belmont,” Repole told reporters, “and Justify was a running back trying to run for a touchdown.” Nice. the complaint instantly became the main story of the race, before Justify’s jockey and owners were able to bask in the rare accomplishment for a day or two. Ironically, Repole’s own Vino Rosso was assisted by similar “lineman” tactics by another horse, Noble Indy, like Vino Rosso trained by Todd Pletcher. Concludes racing expert Pat Forde,  “It’s almost certainly why Noble Indy was entered. Basically, Pletcher’s two-horse racing tactic simply ran up against a better two-horse racing tactic.”

And the tactic is legal. Never mind. Graceful losing is on the way out, thanks to our politicians.

2. He gets it, and he doesn’t even read Ethics Alarms! The Ethiopian cabbie who drove me home from the morning mandatory legal ethics seminar that I teach every month for newly-minted D.C. lawyers spent that first half of the trip complaining about President Trump. Then he said, “Now, I didn’t vote for him, but I respect him. I respect him because he is the President of my country, and my fellow citizens elected him. I can complain about him to you, because you are an American too. If a foreigner gets in my cab, however, and starts insulting the President, I pull over and order him out.” Continue reading

Ethic Dunce: California Chrome Owner Steve Coburn*

horses-assAs you probably know by now, California Chrome attempted to become the 12th horse and first since Affirmed in 1978 to win the Triple Crown and join a fabled group that includes such esteemed equines as Gallant Fox, Whirlaway, Citation and Secretariat…and fell right on his long face, finishing fourth. The  winner of the Kentucky Derby and Preakness lost the Belmont Stakes to 9-1 long-shot Tonalist, who did not run the opening two races of the series. Ah, there’s the rub. Part of the challenge of the Triple Crown, a not insubstantial part,  is that it is an endurance test. CC lost to a fresher horse.

Well, you know, that’s why winning the Triple Crown is so special and the horses who achieved it are the sport of racing’s four-footed immortals. It’s hard. When your horse loses the final and most difficult (it’s longer) of the three races after winning the first two, as many horses have, the correct, classy and ethical response is well established. It doesn’t take any imagination. You say that you congratulate the winning stables, the owners, the horse and the jockey, that of course you are disappointed, that your horse ran the best race he could but on this day it was not good enough. Then you shut up, and let sportswriters make excuses for the loss, if there are excuses to be made. Continue reading

Triple Crown Ethics: New York Racing Gets An Integrity Check

affirmed.1The best example of the ethical problem with the Star Syndrome, the expedient and destructive compromise organizations make to allow a high-level performer break rules and indulge in conduct that would not be tolerated in other employees, that I have seen in a long time involves…a horse.

California Chrome has won the first two races in the Triple Crown, with only the Belmont Stakes remaining. Horse racing hasn’t had a Triple Crown winner in decades, and has suffered as a result; everyone is rooting for its latest star to finally achieve the heights last reached by Affirmed in 1978. But CC used a nasal strip in his last six races, all victories, and while the devices, which aid breathing, are allowed by the racing rules of all states but one, New York, home of the Belmont, is the one. The owners of the horse say they may not run him if he isn’t allowed to use the strip (they are almost certainly bluffing, but its a good bluff); a request for an exception is pending.

The ethics here is simple as pie. If its a valid rule, then no exception should be made just because the horse in question is on the verge of making history. If it was an arbitrary rule, it should have been eliminated before now.  If the stewards allow California Chrome to use the strip because, well, he’s a big shot and it will be a shot in the arm for racing, but then go back to prohibiting ordinary horses to use it, that will be an outright rejection of fairness and integrity (not that this will be news flash for racing critics.).

If the rule was a good one in the first place, then it should apply to California Chrome. Waiving it just for him is favoritism, and unethical.

That, however, is exactly what will happen. Watch.