Two weeks after a judge denied a motion for a temporary injunction from the Kentucky Horsemen's Benevolent and Protective Association (KHBPA) to halt Lasix-free 2-year-old racing in the state, the organization is asking him to reconsider. Earlier this month, Franklin County Circuit Judge Thomas Wingate denied the motion for temporary injunction and also granted a motion to dismiss the case against the Kentucky Horse Racing Commission, Churchill Downs, and Keeneland for a lack of standing.
Now, the KHBPA's attorneys say, that decision was unfair. Part of Judge Wingate's order focused on the organization's standing, which had been questioned by the defendants just before a hearing in late May. The KHBPA says the judge's order referred to affidavits from KHBPA members which were never intended to address the legal question of standing. The question of standing can include questions about the identity of a party, as well as whether a plaintiff can demonstrate they have suffered an injury as the result of actions by defendants.
Parties in the case are expected to appear before the court on July 29 to hear arguments surrounding the KHBPA's latest motion. Prior to the June dismissal of the case, The Jockey Club, the Kentucky Thoroughbred Association and the Breeders' Cup were all permitted to file amicus briefs in support of the defendants in the case.
At a meeting of the Kentucky Horse Racing Commission this week, equine medical director Dr. Bruce Howard reported that so far this meet, Churchill Downs has held eleven 2-year-old races without race-day Lasix. Those races have included a total of 107 starters. None of them experienced epistaxis (bleeding from the nostrils), according to the commission's records.
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