March, 2022 | Horse Racing Free Tips

Baffert Files Suit Against Churchill Downs, Carstanjen, Rankin In Attempt To Overturn Derby Ban

As expected, trainer Bob Baffert has filed a civil lawsuit against Churchill Downs, Inc., in an attempt to halt the company's ban on his trainees from stalls or entries, including its ban of his horses from the 2022 and 2023 Kentucky Derby and Kentucky Oaks races.

The suit was filed in the U.S. District Court for Kentucky's Western District on Feb. 28 and also names CDI's CEO, Bill Carstanjen and CDI board chairman R. Alex Rankin. The 56-page complaint requests a trial by jury.

Baffert is represented in the case by attorneys Clark Brewster and Michael Meuser. W. Craig Robertson, who has been part of Baffert's legal team in his fight against the Kentucky Horse Racing Commission, the New York Racing Association, and a class action suit from horseplayers, has a previous working relationship with CDI and could not represent him in this action.

In the complaint, Baffert claims his Fourteenth Amendment rights to due process have been violated by the company, which suspended his right to race at CDI properties following Baffert's announcement Medina Spirit tested had positive for betamethasone after the 2021 Kentucky Derby. Last week, the horse was disqualified from his win in that race by Kentucky stewards.

The complaint reiterates Baffert's well-publicized argument that the drug positive should not count because the trainer says the betamethasone came from a topical and not an injectable form of the drug.

It also points out that Tyler Pickelsimer was one of the three stewards responsible for overseeing racing in Kentucky during the Kentucky Derby and that Pickelsimer is a CDI employee. The other two were employed by the commission.

(It is typical in many states for stewards' stands to contain a mix of officials hired by the state and by the racetracks to represent as many different interests as possible when enforcing regulation. The 2:1 ratio for commission/association-employed stewards is written into Kentucky regulations and has been in place for years.)

Baffert seeks a declaration that CDI would be prohibited from denying his horses entry or stall space at any of CDI's properties, from denying him access to the grounds, and from barring him from the Kentucky Derby, Kentucky Oaks, and their prep races. He's also seeking preliminary and permanent injunction, meaning he hopes a judge will put a temporary halt to the track's ban on Baffert while the broader legal questions are worked out in court.

“CDI does not have the legal authority to place conditions upon a license held by Baffert or any trainer who is employed under Bob Baffert Racing Stable; that authority rests solely with the racing commission as the entity that issued his occupational license — a license that affords Baffert a constitutionally-protected property interest under state law,” the complaint read.

Baffert said he and his attorneys asked Carstanjen for an opportunity to dispute the track's allegations, but was denied. He also takes issue with what he says was a leak by CDI of a draft of the complaint in January, along with a statement by the track that it believed the impending legal fight from Baffert was without merit.

In addition to preliminary and permanent injunctions, Baffert seeks damages “exceeding $75,000” and attorneys' fees.

“This case and the events of the last eight months are about more than just me and my ability to do the work I love,” Baffert said in a statement distributed to media March 1. “If powerful forces can block me from competing, they can do this to anyone. This is a fight for the integrity of our great sport, and we have the facts, the law, and the truth on our side.”

“The lawsuit filed by Bob Baffert is disappointing but certainly not surprising,” read a statement from CDI, which was published by Sports Illustrated. “His claims are meritless and consistent with his pattern of failed drug tests, denials, excuses and attempts to blame others and identify loopholes in order to avoid taking responsibility for his actions. These actions have harmed the reputations of the Kentucky Derby, Churchill Downs and the entire Thoroughbred racing industry. Churchill Downs will fight this baseless lawsuit and defend our company's rights.

“What's at stake here is the integrity of our races, the safety of horses and the trust of the millions of fans and bettors who join us every year on the first Saturday in May.”

The post Baffert Files Suit Against Churchill Downs, Carstanjen, Rankin In Attempt To Overturn Derby Ban appeared first on Horse Racing News | Paulick Report.

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New York Eliminates Coupling Restrictions On Married Jockeys

The New York State Gaming Commission voted Monday to eliminate a rule that required the coupling of entries ridden by married jockeys, reports the Daily Racing Form.

The marriage coupling rule came under fire when jockeys Trevor McCarthy and Katie Davis, married in late 2020, began riding in New York last year. Mindy Coleman, general counsel for the Jockeys' Guild, spoke at a hearing last month to testify that the rule prevented both McCarthy and Davis “from fully and fairly engaging in their careers.”

Last year, despite supporting the elimination of the married jockey coupling rule, New York Gov. Kathy Hochul vetoed a bill to eliminate it due to concerns that allowing legislature to rewrite racing regulations could create a dangerous precedent.

The NYSGC also voted to allow stewards to require jockeys to serve suspensions during the meet at which the violation occurred, in order “to discourage gamesmanship in the agency hearing process that has the effect of delaying a suspension until after the Saratoga meet.”

Finally, the commission adopted new wagering rules that will allow Pick 4 and Pick 5 pools to be designated for carryovers in the event that no ticket has all of the winners in the wagering sequence.

Baffert Sues CDI, Carstanjen & Rankin Over Suspension

Trainer Bob Baffert has filed a lawsuit in U.S. District Court for the Western District of Kentucky against Churchill Downs Inc. (CDI), CDI CEO Bill Carstanjen and CDI Board Chair Alex Rankin. Baffert is seeking a preliminary or permanent injunction that will enjoin Churchill from barring him. At present, Baffert cannot compete in the 2022 or 2023 runnings of the GI Kentucky Derby or any other races at Churchill or Churchill-owned tracks.

He is also fighting a separate action from the Kentucky Horse Racing Commission, which suspended him for 90 days after Medina Spirit (Protonico) tested positive for betamethasone in last year's Derby.

“The notion that Churchill Downs, which is not even tasked with regulating horse racing in Kentucky, could unilaterally ban a trainer by an edict coupled in a press release without having the facts or any semblance of due process should arouse outrage in any fair-minded person,” said Baffert's attorney Clark Brewster.

Shortly after the lawsuit was filed, Churchill issued a scathing statement, declaring that its fight against Baffert was about protecting the integrity of racing.

“The lawsuit filed by Bob Baffert is disappointing, but certainly not surprising,” the statement read. “His claims are meritless and consistent with his pattern of failed drug tests, denials, excuses and attempts to blame others and identify loopholes in order to avoid taking responsibility for his actions. These actions have harmed the reputations of the Kentucky Derby, Churchill Downs and the entire Thoroughbred racing industry. Churchill Downs will fight this baseless lawsuit and defend our company's rights. What's at stake here is the integrity of our races, the safety of horses and the trust of the millions of fans and bettors who join us every year on the first Saturday in May.”

The Baffert side did not mince words, either. The lawsuit charges that “CDI has, with malicious intent, caused significant damage to Baffert's ability to conduct his customary business on a national scale. From context, it is apparent that CDI's targeted sanctions have the singular aim of destroying Baffert's career.”

The crux of Baffert's case against Churchill is twofold, that the ban deprives him of his right to due process and that only the state racing commission is permitted to issue a ban against trainers.

“Despite the prevalence of actual reckless and dangerous conduct by others trainers and owners (which have sometimes culminated in Racing Commission suspensions), CDI has arbitrarily and capriciously singled out Baffert for this baseless sanction in violation of Baffert's procedural and substantive due process rights under the Fourteenth Amendment to the United States Constitution,” the suit reads.

A federal court ruled that the New York Racing Association violated Baffert's due process rights when issuing a suspension of its own against the trainer. That forced NYRA to hold a hearing into the Baffert matter, the results of which have yet to be determined. However, NYRA is a quasi-state organization and the courts generally treat such an entity differently than they do a privately held company like Churchill. In most cases, private tracks can ban individuals and do so without due process.

On the issue of whether or not Churchill can ban an individual, Baffert's legal team is arguing that such a suspension can only be handed down by a racing commission.

“Baffert expressly agreed to cooperate with the Racing Commission's regulatory process when he entered horses at Churchill Downs and to submit to any penalties imposed after a final order issued by that body. Baffert's culpability, if

any, will be determined in that forum,” the suit reads.

The lawsuit also seeks to force Churchill to award points for the Kentucky Oaks and Derby in the event a Baffert-horse places in a prep race. Churchill has declared that all Baffert-trainees are not eligible to earn any points in the preps, still another factor that might keep Baffert's horses out of those races.

But even if Baffert can win this round in court that does not mean he will be eligible to compete in the Derby. In order to do so, he will also have to find a way through the courts to get a stay of the Kentucky Horse Racing Commission's ban, which is set to begin Mar. 8.

The post Baffert Sues CDI, Carstanjen & Rankin Over Suspension appeared first on TDN | Thoroughbred Daily News | Horse Racing News, Results and Video | Thoroughbred Breeding and Auctions.

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Flotus Heads Crisford-Trained Guineas Trio

The entries for the QIPCO 2000 Guineas and QIPCO 1000 Guineas closed on Tuesday, with 56 colts engaged in the first major European Classic of the season at this stage. Of the 51 fillies entered for the 1000 Guineas a day later on May 1, three are based at Simon and Ed Crisford's Gainsborough Stables in Newmarket, including Flotus (Ire) (Starspangledbanner {Aus}), whose breeders Newtown Stud and Tim Pabst received the ITBA Award for the leading 2-year-old filly on Sunday night.

After making almost all in September's G1 Juddmonte Cheveley Park S. before being clobbered close home by Tenebrism (Caravaggio), Flotus made one last public appearance in 2021 when being offered for sale at Tattersalls in December. One million guineas changed hands for the Listed winner and Group 1 runner-up but thankfully she returned to Gainsborough Stables and this year will carry some well known silks when she races in the colours of her new owner Katsumi Yoshida of Northern Farm.

“We were very delighted to welcome her back,” said Simon Crisford. “Ultimately she will be exported to Japan, that goes without saying, but she is only a 3-year-old so there's more water to flow under the bridge before she goes there and I very much hope she can build on what she achieved last season. I don't see any reason why she couldn't do that.”

The question that is impossible to answer at this early stage of the year is whether or not Flotus will see out the mile of the Guineas. Her dam Floriade (Ire) (Invincible Spirit {Ire}) won over that distance in the French provinces before being bought by Cathy Grassick for €15,000. On the face of it her pedigree leans towards speed, and Flotus has certainly shown that she is not short of a gear change or two, but her half-brother, albeit by a greater stamina influence in Nathaniel (Ire), has won four races at two miles or just beyond.

“She has had a good winter–all of them have wintered well actually–and physically she has done very nicely,” said Crisford. “There are races at Newmarket, Newbury, Chelmsford, Ascot. It's a good programme actually, to enable us to decide what her optimum trip is going to be this year. There are options over six furlongs or seven furlongs to start, and she is entered in the French, English and Irish Guineas.”

He continued, “Obviously we don't know if she is a filly who is going to get the mile. What we do know is that six furlongs suits her well. When she is back racing in the spring then that will tell us everything we need to know. She's got loads of toe, we saw that, especially at Newmarket, she was lightning quick throughout in that race and only just got collared at the end, and she showed a nice turn of foot going into the dip that day off a strong pace.

“I will be in consultation with her owner closer to the time to discuss plans and whether we go for a trial or stick to the six-furlong races. Those decisions will be made at the beginning of April.”

Along with Flotus, the stable is also represented among the Guineas entries by Sheikh Rashid Dalmook Al Maktoum's Daneh (GB), a daughter of Dubawi (Ire) and the dual Group 1 winner Rizeena (Ire) (Iffraaj {GB}), who won on debut last June and was then placed behind Oscula (Ire) and Mise En Scene (GB) respectively in Group 3 contests at Deauville and Goodwood.

“Daneh is beautifully bred and is a very nice filly with a turn of foot,” noted her trainer. “She ran incredibly well at Goodwood and had a bit of a setback after that which prevented us from running her again but I am very much looking forward to seeing her when she gets back on the work tab.”

With Flotus and Daneh representing Japanese and Dubaian owners, the international element of the string is enhanced further by the third 1000 Guineas entrant, Fast Attack (Ire) (Kodiac {GB}), who is owned by Bahrain's Shaikh Nasser Al Khalifa and Fawzi Nass. The Ballylinch Stud-bred filly, a grand-daughter of the G2 Queen Mary S. winner Gilded (Ire) (Redback {GB}), completed her four-start juvenile campaign with two wins to her name, including the G3 Oh So Sharp S. over seven furlongs of the Rowley Mile.

Crisford added, “They were kept in light training throughout the winter and this winter has been much easier than last winter in terms of weather. We have managed to get them on grass a lot more this winter and I would say they are all reasonably forward in condition and where we want them to be for this time of the year. They're all getting ramped up now, ready to start working. I always think that as soon as the last horse crosses the line at Cheltenham then the phone starts ringing and suddenly there's this automatic transition to the Flat season. It's a very exciting time of the year.”

While there is currently the odd glimmer of spring evident in Newmarket, a portion of the Crisford team is currently enjoying the much warmer climate of the Middle East and is housed at Millennium Stables at Meydan. The dual aspect of the operation through the winter in Dubai and England works well, particularly since Simon Crisford started training in partnership with his son Ed in May 2020.

Even before the season gets properly underway in Britain, this coming weekend will be action-packed as the Crisford stable is represented on Saturday at Meydan by Finest Sound (Ire) (Exceed And Excel {Aus}) in the G1 Jebel Hatta, Without A Fight (Ire) (Teofilo {Ire}) in the G2 Dubai City of Gold, and Algiers (Ire) (Shamardal) in the G3 Burj Nahaar, while Noel O'Callaghan's homebred Anthem National (Ire) is entered for the Listed Spring Cup at Lingfield.

“It's great to have Ed as a co-trainer,” said Crisford senior. “He's really enjoying it and working very hard. He's out in Dubai at the moment supervising our Super Saturday runners. If one of us is there, the other one will be here [in Newmarket], and vice versa. We have a small stable out there in the winter; we enjoy doing that and it's good for our clients. But we also enjoy being in Newmarket at Gainsborough Stables and we've been supported very well by our owners.”

He added, “In this game you have to have a very positive outlook and always look forward.”

The imminent onset of spring will certainly provide plenty of opportunities for both father and son to do just that.

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