Craig Roberston, attorney for trainer Bob Baffert, told the Daily Racing Form on Monday that he is prepared to file a temporary restraining order if Pimlico Race Course attempts to deny Medina Spirit entry into Saturday's Preakness Stakes.
The Preakness Stakes draw was originally scheduled for Monday, but Pimlico management pushed entries back to Tuesday at 4 p.m. Eastern following Baffert's Sunday morning announcement that the Kentucky Derby winner had tested positive for 21 picograms of betamethasone.
Robertson said he planned to reach out to Pimlico on Monday regarding the legal issues involved with denying Medina Spirit entry to the Preakness. Only the first post-race sample has been tested at this point; this is not enough to disqualify Medina Spirit. That would be possible after the results are confirmed by a second test of the split sample, which has yet to be completed.
Until that point, banning Medina Spirit from the Preakness would be a violation of Baffert's due process rights, Robertson argued.
Churchill Downs made the announcement Sunday afternoon that it would ban Baffert-trained runners from entering, but Robertson said that legal battle has been put on the back-burner until the Preakness situation is resolved.
“We don't even have an official positive yet,” Robertson told DRF. “Any decision to ban him, by anyone, be it Churchill or Pimlico or anyone else, is unlawful.”
Read more at the Daily Racing Form.
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