Drug Conviction Keeps Day From Riding in Virginia

Because of a marijuana conviction more than 20 years ago, Pat Day will not be riding in two rich races Saturday at Colonial Downs in New Kent, Va.

Day, a model citizen and family man who became a born-again Christian after what he describes as a religious revelation in 1984, thought his wastrel past was well behind him, but this week he learned that the Virginia Racing Commission has a rule that prohibits licensing horsemen who have had a drug-related conviction on their record.

When Day realized that his 1975 arrest and conviction in a misdemeanor marijuana case would preclude him from being licensed in Virginia, he withdrew his application. Being turned down for a license in Virginia might have jeopardized Day’s standing in other states, which generally have reciprocity agreements.

Day has never had a problem riding anywhere else. He has won more than 7,200 races, including a record nine wins in the Breeders’ Cup, and in 1991 he was elected into the Racing Hall of Fame.

“What’s on the books is the law, and we have no discretion in this area,” said Don Price, executive director of the Virginia Racing Commission. “I feel bad about it. It’s very unfortunate. Pat Day, of all people. He’s a guy I’ve worked with often in the [Race Track Chaplaincy of America].”

Day’s stakes horses won’t be running at Colonial Downs, either. Trainer David Carroll, who had hired Day to ride Keene Danger in the $250,000 Virginia Derby and Cuando in the $100,000 All Along Stakes, has pulled both of them out of the races. Keene Danger was the morning-line favorite in his race.

“Pat’s turned his life around,” Carroll said. “If God can forgive him, I can’t understand how the State of Virginia can’t. I think it’s terrible.”

More than any track in the U.S., struggling Colonial Downs needs top horses and premier jockeys like Day. Virginia hadn’t had racing in 150 years when Colonial Downs opened in 1997, and after a rocky start, Colonial Downs is doing worse this year. Located between Richmond and Williamsburg, the track is averaging 2,100 fans a day and betting is down almost 30% from last year. Only 730 fans showed up for Monday’s card.

“Pat paid his debt to society long ago,” said Lenny Hale, director of racing at Colonial. “There have been about 20 other applicants that have been denied licenses in similar circumstances. They even turned down a dishwasher at an [off-track betting] facility. It’s time they changed this rule, but I don’t know if they will. We’re dealing with a governor who didn’t want racing in the first place.”

Day, who’ll turn 45 this month, couldn’t be reached for comment. He’s a God-loving, Bible-quoting man who wears his faith on his sleeve and has even been criticized for too much Godliness. He was a late arrival on the Hall of Fame ballot, a couple of years after he was eligible, and in explaining the oversight, one of the nominating committee members said: “Maybe some of the guys didn’t like all that God stuff that Pat shells out.”

Day, who lives in Crestwood, Ky., will be at Santa Anita on Sunday, to ride River Bay in the $300,000 Oak Tree Turf Championship. He was elected vice president of the Race Track Chaplaincy of America in 1995. The same year, he received the New York Racing Assn.’s Mike Venezia Memorial Award for “exemplifying extraordinary sportsmanship and citizenship,” and in 1985, at Santa Anita, he received the George Woolf Memorial Award, given annually to jockeys “whose careers have reflected credit on themselves and their sport.”

Price hopes that the Day situation will bring attention to Virginia’s rule and result in a change.

“The legislature wanted a game that’s squeaky clean, and this is a result of a misunderstanding about racetracks and gambling,” Price said. “A lot of people actually believe that racing is like it was portrayed in some of those old Bing Crosby movies.”

WAITING GAME

Cavonnier, sidelined since his tendon injury in the 1996 Belmont Stakes, was to have run today at Santa Anita, but the grass race didn’t draw enough horses.

MARK YOUR CALENDAR

Free House, a sluggish fourth in the Woodward, and Silver Charm, who dead-heated for first with Wild Rush in the Kentucky Cup Classic, are scheduled to meet in the $500,000 Breeders’ Cup Handicap at Santa Anita on Oct. 17.

OLD KENTUCKY HOME

Real Quiet’s vacation has been extended. The Kentucky Derby- Preakness winner has been taken out of training and will sent to a Kentucky farm. He’s expected to return to action next spring. Real Quiet was sidelined with rear-leg problems at Del Mar.