The decision followed an Equibase review of the Pennsylvania State Horse Racing Commission's ruling that declared the two winners, discussions with officials at Parx Racing and the commission, a comprehensive evaluation of Equibase's technical infrastructure, and consultation with legal counsel.
Equibase decided to publish the official result chart of the May 7, 2016, Parx Oaks and include a review of the rulings in a footnote to the chart. The chart is now accessible on the Equibase website, equibase.com.
Equibase said the commission's decision to declare two winners is problematic.
"Equibase takes the integrity of racing data seriously. By declaring two winners in a race, the commission has introduced a level of inconsistency to the generally accepted rules of racing that has the potential to corrupt this integrity," Jason Wilson, president and COO of Equibase, said in a statement. "While we have significant concerns about the commission's action in this matter, Equibase has reported the results of the 2016 Parx Oaks in line with (the commission's) decision."
The Pennsylvania State Horse Racing Commission's ruling from May 19, 2017, stated: "Miss Inclusive shall be deemed to have finished first along with the horse Eighth Wonder (the runner-up), for the purpose of both maintaining each horse's racing record and determining each horse's eligibility to enter in future races, the forfeiture of the purse will remain in effect and the redistribution of the purse will stand..."
Main Line Racing Stable and Joshtylane Farm's Miss Inclusive—trained by John Servis—finished first by a half-length but was later disqualified for testing positive for clenbuterol. Gryphon Investments' Eighth Wonder was elevated to first and the $60,000 winner's share of the purse was redistributed. Servis was handed a 15-day suspension.
In a decision dated May 19, 2017, the PSHRC Bureau of Thoroughbred Horse Racing articulated mitigating circumstances of the clenbuterol positive tests. After meeting with Servis' attorney who argued the positive was at a concentration below penalty-trigger levels listed by the Racing Medication and Testing Consortium the regulator declared two winners.
The regulator's decision said, "Miss Inclusive shall be deemed to have finished first along with the horse Eighth Wonder, for the purpose of both maintaining each horse's racing record and determining each horse's eligibility to enter in future races; the forfeiture of the purse will remain in effect and the redistribution of the purse will stand and the 15-day suspension shall be modified to a $5,000 fine."