A judge in Kentucky has denied a motion for summary judgement by the Kentucky Horsemen's Benevolent and Protective Association (KHBPA) and granted a motion for summary judgement by the Kentucky Horse Racing Commission (KHRC), Keeneland, and Churchill Downs in a civil case focusing on furosemide administration. Franklin Circuit Court Judge Thomas Wingate entered his order Nov. 18 after both sides had requested he find in their favor.
After rule language reflecting the 24-hour Lasix administration in 2-year-olds went into effect in August, Wingate ruled, the question became moot.
“The Court must again begin this Order by stating that it is not concerned with any scientific or humanitarian argument in favor of or against the use of Lasix in horses,” Wingate's order read. “This zealously debated topic is not the issue before the Court. Instead, the Court is merely addressing a legal challenge brought by the KHBPA regarding what it alleges is an improper delegation of statutory authority to associations, such as Keeneland and Churchill, by the KHRC.”
The KHBPA had also challenged plans to push back pre-race furosemide administration in stakes races in 2021. Wingate indicated any claims about the legality of that action were not yet “ripe” since stakes races for older horses have not yet been carded under these circumstances.
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