Trainer Bob Baffert filed a new motion in federal court Thursday that attempts to reverse the second year of a two-year banishment imposed upon him in 2021 by Churchill Downs, Inc. (CDI), the gaming company that controls the GI Kentucky Derby.
Although the Hall of Fame trainer's ruling-off by CDI extends to the corporation's entire portfolio of racetracks, gaining access to the Derby itself is unquestionably Baffert's goal.
Baffert's trainees have crossed the finish wire first a record seven times in America's most historic and important horse race.
But it was that seventh Derby winner–Medina Spirit in 2021–who triggered Baffert's banishment when the colt tested positive for betamethasone, a Class C drug, in a post-Derby test.
Citing that positive finding and a spate of other drug overages in Grade I races around the same time, CDI told Baffert in June 2021 that he would be ineligible to race at its tracks until after the 2023 Derby, and that any horse that raced under his training license would not be eligible to accrue qualifying points to get into the 2022 or 2023 Derbies.
Earlier in 2022, Baffert fought in federal court to reverse that CDI ban, and this fresh Dec. 15 motion is actually a part of that same lawsuit.
Baffert had initially sued CDI on Feb. 28, 2022, in an attempt to get an injunction enjoining CDI from suspending him from its tracks and races. His complaint in United States District Court (Western District of Kentucky) alleged civil rights violations related to what Baffert said was a deprivation of his right to due process of law guaranteed under the Fourteenth Amendment.
Separately, Baffert fought unsuccessfully in the courts to try and ward off a 90-day suspension for Medina Spirit's drug overage that had been imposed upon him in February 2022 by the Kentucky Horse Racing Commission (KHRC).
Those legal efforts failed, and Baffert eventually had to start serving his KHRC suspension about a month before the 2022 Derby. He transferred his entire California-based stable to the care of other trainers, and his legal team at that time withdrew the motion for an injunction.
Two horses Baffert trained through March 2022-the $1.7-million FTFMAR buy Taiba (Gun Runner) and 'TDN Rising Star' Messier (Empire Maker)-ran in the Derby under trainer Tim Yakteen's license, finishing 12th and 15th, respectively.
Even though Baffert has already served that KHRC suspension, he and Medina Spirit's owner, Amr Zedan, have appealed to the KHRC and are awaiting a verdict they hope will clear Baffert's name and restore Medina Spirit as the Derby winner.
“This is a renewed motion for a preliminary injunction against CDI [and its executives] Bill Carstanjen, and R. Alex Rankin,” Baffert's lawyers wrote in the Dec. 15 filing.
“[The KHRC penalty] mooted the previous motion, and Baffert requested time to conduct further investigation into the circumstances surrounding CDI's conduct. Following this Court's grant of Baffert's request to withdraw his preliminary injunction without prejudice to refiling, Defendants filed a motion to dismiss. Baffert filed a Response, and briefing concluded on June 6, 2022. That motion remains pending,” the Thursday filing stated.
“In the interim, Baffert has been able to prove in two forums that CDI's claims about him and his record are false. The New York Racing Association, Inc. (NYRA) conducted an extensive six-day hearing on allegations virtually identical to CDI's-i.e., claiming Baffert is a dangerous cheater who 'dopes' horses to gain a competitive edge. The hearing officer initially found in NYRA's favor. But on appeal, in an order issued June 23, 2022, NYRA's own hand-picked Panel rejected every one of the premises underlying NYRA's (and CDI's) claims against Baffert.”
And the hearing officer's recommendation in the KHRC appeal, according to Baffert's filing, “is not expected until the spring of 2023, after which the [KHRC] will have ninety days to issue a final order. Judicial review will likely follow. Because CDI's suspension will stand regardless of the outcome, waiting for the Commission's resolution is unnecessary…”
Baffert's filing continued: “Granting an injunction would work no hardship on Defendants. Numerous rules and regulations already safeguard CDI's interests in health, integrity, safety, and fairness. Baffert has already served his time for the mere allegation of a violation which has yet to be fully adjudicated, and there is no doubt among industry observers and even casual spectators that Baffert suffered consequences for the mere perception of wrongdoing.
“Meanwhile, all Baffert-trained horses are subject to Commission testing for the presence of medications and to any applicable penalties for the detection thereof. Baffert has not had a post-race positive for any horse in any jurisdiction since the 2021 Kentucky Derby ….
“The hardships Baffert will suffer absent an injunction far outweigh Defendants' abstract concerns. Eligibility for races on CDI tracks, including legendary stakes races like the Kentucky Derby and Kentucky Oaks, are restricted by age. Defendants' suspension means those horses will lose their chance to compete in those races forever. If owners wish to enter their horses in those races, they must forego Baffert's services, causing substantial damage to Baffert's business. CDI's hypothetical, reckless, and empirically disproven allegations of harm pale in comparison to the continuing damage Defendants continue to inflict upon Baffert, his business, and his reputation.”
Baffert, as the party seeking a preliminary injunction, must demonstrate that the legal factors that necessitate granting a preliminary injunction weigh in his favor.
According to the filing, those factors are “1) whether the moving party would suffer irreparable harm without the order, 2) whether the moving party demonstrates a strong likelihood of success on the merits, 3) whether the order would cause substantial harm to others, and 4) whether the public interest would be served by the order.”
Baffert's filing continued: “The first and most obvious harm is the loss of purses. By definition, the amount of winnings Baffert will lose due to CDI's suspensions is impossible to calculate.
“A second injury is the loss of unique opportunities ….Citing CDI's suspension, some owners have moved their horses (worth millions of dollars) to other trainers. His remaining [clients] have informed Baffert that they will not send him any new Derby horses until the CDI suspensions are resolved, or will soon move horses if CDI's suspensions are not enjoined.”
A novel argument that wasn't in the initial version of the complaint has to with CDI's subsequent purchase of Ellis Park.
“Due to CDI's acquisition of Ellis Park, it holds a virtual monopoly over racing in Kentucky, which limits its common law right to exclude licensees in Kentucky,” the filing stated.
In Kentucky, CDI owns Churchill Downs Racetrack, Turfway Park and Ellis Park. It does not own Keeneland Race Course or Kentucky Downs.
“Trainers are instrumental in bringing a horse to market, and only a handful of trainers are capable of producing a Derby horse,” Baffert's legal team wrote. “By banning all horses trained by Baffert, Defendants and their co-conspirators disadvantaged competing owners by denying them 'relationships the competitors need in the competitive struggle,' which is a per se unreasonable restraint on trade.
CDI representatives could not be reached for comment in time for deadline for this story. CDI spokespeople routinely respond to media inquiries about legal affairs by stating that the corporation does not comment on active litigation.
In its most recent court filing from June 6 that tried to get the case tossed out, CDI wrote that “Baffert's lawsuit is a desperate and baseless attack on CDI's right to protect the integrity, reputation, and safety of the races it hosts, The Court should dismiss his complaint.”
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