April, 2022 | Horse Racing Free Tips

Baffert, Zedan’s Motion for Emergency Stay Denied

Bob Baffert and Zedan Racing Stables' motion to stay Bob Baffert's suspension has been denied in Kentucky's Court of Appeals. The decision was filed Friday afternoon and signed by Allison Jones, Acting Chief Judge.

In accordance with the California Horse Racing Board regulations, signage was being removed from his barn at Santa Anita on Friday afternoon, and his suspension is scheduled to start Monday, Apr. 4.

“Tthe motion for emergency relief under CR 65 07(6) is DENIED,” writes Jones in her opinion. “The Court emphasizes that it makes no determination of the merits of Baffert's contentions of error The underlying motions for interlocutory relief along with any additional, dispositive motions shall be assigned to a three-Judge panel of this Court following expiration of the response time prov1ded in the Civil Rules.”

“In his Amended Complaint,” the document says, “Baffert asserted two causes of action against the Racing Commission; (1) an appeal of the Racing Commission's ruling denying him a stay pursuant to KRS 230 320(2)(f), and (2) a claim for injunctive relief pursuant to CR 65 04. Having carefully reviewed the record in conjunction with the applicable statutes and regulations, the Court concludes that the statutory right to appeal to circuit court pursuant to KRS 230 320(2)(f) provides an adequate remedy at law, such that equitable forms of relief, including the requested 1 7 emergency stay, are presently unavailable. There can be no irreparable injury where, as here, the General Assembly has provided adequate administrative remedies.”

This story will be updated.

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Florida’s Best Face Off in FL Derby

HALLANDALE BEACH, FL–The three winners of Florida's four previous GI Kentucky Derby prep races meet Saturday as they make their final starts ahead of the First Saturday in May in Gulfstream's GI Curlin Florida Derby.

Classic Causeway (Giant's Causeway) ruled the Tampa Bay Downs preps, scoring decisive victories in both the GIII Sam F. Davis S. Feb. 12 and the GII Tampa Bay Derby Mar. 12. He hit the board in all three of his juvenile races, starting with a dominant debut at Saratoga Sept. 4. Finishing third after setting the pace in the GI Claiborne Breeders' Futurity S. at Keeneland Oct. 9, he was a good second in the GII Kentucky Jockey Club S. at Churchill Downs Nov. 27.

Irad Ortiz, who rode Classic Causeway to victory in both Tampa races, will remain aboard for Saturday's test. Conditioner Brian Lynch said he will leave the race in that leading rider's hands.

“Irad and Classic Causeway have some kind of chemistry there,” Lynch said. “They've got it going on. I'm not going to get involved too much. He's ridden him well the last two times. He is a good gate horse, so I am sure he is going to break running and I will let Irad take it from there.”

Classic Causeway's good gate speed usually leaves him on or near the front end. With a few other speedy runners signed on, it could set things up for Simplification (Not This Time), whose last two stellar efforts came from back off the pace. A front-running winner of the local Mucho Macho Man S. on New Year's Day, the bay was tossing his head when the gates sprang in the Feb. 5 GIII Holy Bull S. and got away last of them all. He rallied in the lane, but refused to switch leads, just holding off favorite Mo Donegal (Uncle Mo) to be second to White Abarrio (Race Day). Away better next out under new pilot in Jose Ortiz, Simplification settled in mid-pack and made a wide late run to take the GII Fasig-Tipton Fountain of Youth S. by 3 1/2 lengths, earning a 96 Beyer Speed Figure.

“I'm very happy with the way he is coming into the race,” Ortiz said. “He has two great works [5f in :59 4/5 Mar. 26 and 5f in 1:01 4/5 Mar. 19]. There seems like there will be some pace in the race. The main thing for us will be to have a good start and get good position.”

White Abarrio was a well-beaten third behind Classic Causeway in the Kentucky Jockey Club after winning his first two starts at Gulfstream last year. He opened his 2022 account with a dominant score in the Holy Bull, stalking and pouncing his way to a 4 1/2-length success. Connections decided to bypass the Fountain of Youth to give the colt more time after a minor illness and he spiked another fever last week, but connections report he is back to normal. (Read more in Friday's C2 Racing Stable feature).

Six-time Florida Derby winner Todd Pletcher steps an impressive maiden winner up to the big leagues here in Charge It (Tapit). Missing by just a neck in his Jan. 8 unveiling here, the gray zipped home to an 8 1/2-length graduation next out going a mile at this oval Feb. 12, good for a 93 Beyer Speed Figure.

“This is a big step up off of two starts,” Pletcher said. “He's been very impressive, not only in his training, but in his maiden win and I thought even in his debut, even though he didn't win. It was a strong race. We think he has the talent for it. Hopefully he has enough experience and seasoning because we are giving up a lot of that to some nice horses. We are optimistic at the same time.”

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Classic Causeway Could Be Missing Piece for Trainer and Sire

HALLANDALE BEACH, FL–Brian Lynch has already proven he is a talented trainer, conditioning the likes of Grade I winners Oscar Performance, Heart to Heart, Grand Arch and Coffee Clique. While he has won several graded events on dirt, all of his top-level scorers were on turf and the main thing missing from his resume is a Triple Crown contender.

Lynch finally has that this year in Saturday's GI Curlin Florida Derby contender Classic Causeway (Giant's Causeway), who already has enough points to be his trainer's first GI Kentucky Derby starter.

“It's very exciting,” Lynch said. “I come from a small, country town in Australia, so to think I could ever have a horse who could be competitive in the Kentucky Derby is a dream. It's a great personal accomplishment for me.”

He continued, “I've been lucky to come up with some good turf horses. I've never really had the opportunity to have one this good on the dirt. He is going to show us on Saturday just how good he is.”

Classic Causeway is two-for-two this season, winning the GIII Sam F. Davis S. Feb. 12 and the GII Tampa Bay Derby exactly one month later.

“He bounced out of those races like they were races that were getting him ready for this one,” Lynch said. “We hope he is ready to fire a big one. He seems like he's in good order. He is carrying great weight. His last race was enough to give me the confidence to say, 'Let's run him here and then give him five weeks to the Derby.'”

Several past winner of the Tampa Bay Derby have trained right up to the First Saturday in May.

When asked if that option was ever under consideration, Lynch said, “I think he is the sort of horse that would benefit from another race in him. The [Kentucky] Derby is such a grueling race. You have to be able to handle traffic. You have to be able to handle bumps and grinds. The more racing experience we can get into him, the more it will help on a big day like that.”

The competition Classic Causeway will face at Gulfstream Saturday is tougher than what he has faced in his last two efforts.

“He has to be tested at some stage,” Lynch said. “We are going to find out what we've got. I think this is a good place to give him a test. I am hoping the weather stays good.”

Thunderstorms are expected to hit Hallandale Beach Friday evening and Saturday afternoon, so there is a chance Classic Causeway could be running on a wet track for the first time Saturday. While Lynch hopes for nice weather, he said he is not concerned about track condition.

“He's just a runner,” the Australia native said. “He is going to run whether it's wet, turf, dirt or down a gravel road.”

Classic Causeway is one of just three foals from the final crop of the late, great Giant's Causeway, whose legacy as a racehorse and sire speaks for itself. However, the one thing missing from that Coolmore's stallion impressive resume is a Triple Crown race winner.

“He is the son of a great horse,” Lynch said. “Giant's Causeway was the Iron Horse. We hope a little of that is in Classic Causeway.”

Lynch also has two other stakes runners Saturday with Phantom Currency (Goldencents) in the GIII Appleton S. and Red Danger (Orb) in the Cutler Bay S.

Phantom Currency was last seen 13 months ago when winning Gulfstream's GII Mac Diarmida S. in February of 2021.

“He is a lovely old horse,” Lynch said. “Coming off of a year layoff is never easy. The mile is probably a bit short for him, but he is training lights out and goes into the race in good order. This race will set him up for the [GII] Elkhorn going 1 1/2 miles at Keeneland later in the month.”

Winner of the Pulpit S. last term, Red Danger was fifth after a wide trip in this venue's GIII Kitten's Joy S. Feb. 5 and rallied to be fourth after another wide journey in the local Palm Beach S. last out Mar. 5.

“He has had two troubled trips his last two starts down there,” Lynch said. “He never had a chance to get into the race. He is drawn out wide again, but I feel like he is doing well enough that if he just needs a little bit of racing luck. He is going into the race in as good of shape as we could have him.”

Rain or shine, the Lynch barn is primed to have a big day at Gulfstream Saturday.

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NHBPA, Industry Statements on HISA Decision

After Thursday's dismissal by a federal judge of the National Horsemen's Benevolent and Protective Association (NHBPA)'s lawsuit questioning the constitutionality of the Horseracing Integrity and Safety Act (HISA), the NHBPA issued the following response:

“Aspects of this law will have a devastating effect on our industry and put many hardworking horsemen and horsewomen out of business,” said National HBPA CEO Eric Hamelback. “We've been saying for several years that this legislation was illegal. We are considering our options to appeal the decision and remain committed to doing due diligence to ensure a legal solution that protects the health and welfare of our equine and human athletes is adopted.”

The statement continued, “In his decision, Judge Hendrix acknowledged his court cannot “expand or constrict” the precedents, which makes the ruling ripe for appeal. Judge Hendrix wrote, 'The Horsemen are correct that HISA creates a novel structure that nationalizes regulation of the horseracing industry…Although the Horsemen make compelling arguments that HISA goes too far, only appellate courts may expand or constrict precedent. This Court cannot.'”

National HBPA and affiliates in Arizona, Arkansas, Indiana, Illinois, Louisiana, Nebraska, Oklahoma, Oregon, Pennsylvania, Washington, West Virginia and Tampa Bay are represented by the Liberty Justice Center, a national nonprofit law firm.

“We are encouraged that Judge Hendrix recognized the strength of our arguments and plan to push them vigorously on appeal,” said Daniel Suhr, managing attorney at the Liberty Justice Center. “Congress cannot cede its legal authority to regulate an entire industry to a private organization. This case remains important to protect the integrity of not only the horseracing industry but also our Constitution.”

The statement concluded, “HISA still faces a separate federal lawsuit challenging its constitutionality. That suit filed in Lexington, KY., was brought by the United States Trotting Association; the states of Oklahoma, West Virginia and Louisiana with support from six additional states; and other entities that include two racing commissions and the Oklahoma Quarter Horse Association. In the best interest of horse racing, horsemen and horsewomen, we must continue to exercise our due diligence and see this through. The National HBPA appreciates the process. We believe Judge Hendrix has done deliberative, supportive work and has provided a path to move forward with our challenge.

A number of state and industry officials also issued statements on the decision:

James L. Gagliano, President and COO of The Jockey Club:
The Jockey Club congratulates the Horseracing Integrity and Safety Authority and its counsel on the Federal Texas District Court's finding that the Horseracing Integrity and Safety Act of 2020 is indeed constitutional.

For those long supporting the passage and implementation of the Act, this is a result we have long anticipated. To HISA Chairman Charlie Scheeler, CEO Lisa Lazarus, and the entire HISA team and its counsel, we express our gratitude for your continued dedication to the cause of equine safety and integrity in our sport. We look forward to HISA beginning the first prong of its programs to enhance our sport on July 1.

Marty Irby, Executive Director of Animal Wellness Action:
We applaud the court for validating what we knew all along, the Horseracing Integrity and Safety Act is in sync with the U.S. Constitution and intent of the Commerce Clause–some of the most brilliant legal minds in Congress, the animal protection space, and Thoroughbred horse racing prepared and vetted a bullet-proof measure that's now the law of the land.

It's time for the Horseracing Integrity and Safety Authority to swiftly implement the new law as intended and secure a contract with the U.S. Anti-Doping Agency to oversee all testing and enforcement so the eradication of doping can begin. We congratulate the Authority on this tremendous victory leading up to the running of the 148th Kentucky Derby.

U.S. Senate Repulican Leader, Ky Senator Mitch McConnell:
Kentucky's signature horseracing industry is a key part of our heritage and supports 24,000 workers across the Commonwealth. Working closely with sport leaders, horse advocates, and fans, Congressman Barr and I led the Horseracing Integrity and Safety Act of 2020 to passage to promote safety and fairness across Thoroughbred racing, ensuring the sport's future viability. This legislation's advocates knew from the beginning that it was fully constitutional, and I am pleased the court agreed with our arguments, which I supported through an amicus brief. I congratulate the Horse Integrity and Safety Authority for their recent positive momentum, moving us all closer to a safer, better-regulated American Thoroughbred racing industry.

Ky Congressman Andy Barr:
The Horseracing Integrity and Safety Act was carefully and thoroughly drafted with an eye toward ensuring the Authority it created was constitutional in its structure and powers. Throughout the process Senator McConnell and I consulted with lawyers and relevant precedent to ensure the statute would survive any constitutional challenge. The fact that the Northern District of Texas has upheld HISA reinforces that due diligence. I look forward to seeing the Authority begin its programming this summer and the further advancement of the sport.

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