The Franklin (Ky) Circuit court has denied Bob Baffert and Amr Zedan a stay of the suspension handed down by the Kentucky Horse Racing Commission after Medina Spirit (Protonico) tested positive for betamethasone in the Kentucky Derby, ruling that the plaintiffs are not entitled to a temporary injunction.
The ruling was filed Monday afternoon by Judge Thomas Wingate, who wrote that Baffert met none of the requirements necessary for relief, and that it wasn't the job of the court to make the decision.
On February 21, 2022, nine months after the Derby, the KHRC stewards disqualified Medina Spirit and suspended Baffert for 90 days. Baffert and Medina Spirit's owner, Amr Zedan, appealed the ruling and petitioned KHRC Executive Director Marc Guilfoil for a stay. On Feb. 25, Guilfoil denied that request. On Feb. 28, Baffert and Zedan moved the KHRC for a stay. On March 17, in Franklin County Court, the plaintiffs and the KHRC presented their arguments.
“Under KRS 230.320(2)(f), the role of this Court's review is not to make an independent decision,” the document states. “By statute, Guilfoil was charged with determining whether good cause existed to issue the requested stays. Guilfoil provided the reasoning behind his decision to the Court on March 17, 2022, and the Court holds that Guilfoil did not act arbitrarily or abuse his discretion in denying Plaintiffs' requests for stays. Guilfoil cited the role of the KHRC, as crafted by the General Assembly, and Baffert's four (4) medication positives in the past 365 days”
The judge ruled that Baffert had not demonstrated irreparable injury which would be caused by the suspension, which he said was unlike the cases of other athletes presented by the plaintiffs. “Athletes have a finite period of eligibility or peak performance,” the ruling states, making the distinction between his horses, who could still compete, and himself, who could return to his coaching role after the suspension. “However, Baffert is not an athlete. He is a trainer, much more akin to a coach. Unlike certain athletes whose careers are subject to a small window of eligibility or period of peak performance, Baffert's career has spanned decades and will continue following this brief suspension.”
The judge said that the suspension would begin on April 4. “The Court understands the gravity of this ruling on Plaintiffs,” the document reads. “Accordingly, the Court will alleviate this impact by staying the implementation and enforcement of Stewards Rulings 21-0009 and 21-0010 until April 4, 2022. In the interim, Plaintiffs may seek emergency relief with the Kentucky Court of Appeals and take any necessary action to comply with the ramifications of the penalties imposed. However, absent relief from a reviewing court, the penalties imposed by Stewards Rulings 21-0009 and 21-0010 shall take effect on April 4, 2022.”
This story will be updated.
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