2021 kentucky derby | Horse Racing Free Tips

Baffert: CDI ‘Appears to Misunderstand’ Its Own Derby Qualifying Rules

Responding to a legal filing in which Churchill Downs, Inc. (CDI), alleged that a court-mandated lifting of Bob Baffert's ban from competing in the GI Kentucky Derby would harm the connections of other qualifying points earners who would “lose their fairly-earned berths in the Derby to make room for Baffert,” the Hall-of-Fame trainer's legal team fired back with a written response on Friday claiming that CDI “appears to misunderstand its own rules,” regarding the qualifying system.

“CDI argues that an injunction would force it to 'reallocate' points and 'deprive' owners of their existing 'berths,'” Baffert's Jan. 20 filing in United States District Court (Western District of Kentucky) stated. “CDI's rules vacate points earned by Baffert-trained horses; it does not redistribute them.”

CDI, in its Jan. 17 filing that urged a federal judge not to grant an injunction that would lift the ban in time for the May 6 Derby, had brought up the issue of Derby points as an example of purported harms to others.

The CDI filing had alleged that an injunction and possible points reallocation would “retroactively” deprive “innocent third parties, who have played by the rules.”

The Baffert filing took umbrage with that position, stating that, “an injunction here would simply require CDI to recognize existing merit and permit owners to earn qualifying points under Baffert (rather than with different trainers), it would not take away from others.”

At a later point, Baffert's filing stated, “CDI fails to address how existing rules applicable to all trainers are insufficient to protect its qualifying structure, given that a condition of receiving points is compliance with that race's medication rules.

“In addition, CDI's decision merely to vacate the points awarded to a horse who fails a drug test in a Derby-qualifying race rather than to refuse the horse's or trainer's entry belies its claim that banishment is the only means by which it can protect its business and reputation when a medication violation associated with the Kentucky Derby occurs,” Baffert's filing continued.

The disagreement over Derby qualifying points is only a small part of a wider-ranging, much more complex lawsuit.

Baffert is attempting to reverse the second year of a two-year ban CDI imposed in 2021 because of a string of drug positives in horses he trained, including two in CDI's most prominent races, the 2020 GI Kentucky Oaks and the 2021 Derby.

Baffert's trainees have crossed the finish wire first a record seven times in the Derby.

But it was that seventh Derby winner-Medina Spirit-who triggered Baffert's banishment by CDI when the colt tested positive for betamethasone, a Class C drug, in a 2021 post-Derby test.

CDI told Baffert in June 2021 that he would be ineligible to race at its six U.S. 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.

Baffert had initially sued CDI on Feb. 28, 2022, alleging 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 stave 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). As a result, he had to transfer his stable to other trainers and did not get to saddle any horses in the 2022 Derby while serving his suspension.

And even though that KHRC suspension has already been served, Baffert is appealing that ruling in an effort to expunge the violation from his record and to reverse Medina Spirit's disqualification.

Baffert renewed his court quest to run in the 2023 Derby on Dec. 15, 2022, asking for an injunction that would “work no hardship” on CDI.

The two sides have been trading court filings over the past week in preparation for a Feb. 2 preliminary injunction hearing.

The Jan. 17 filing by CDI had stated that, “Baffert refuses to accept responsibility for his wrongful actions [and now], as the two-year anniversary of his CDI suspension approaches, Baffert has renewed his motion in a brazen attempt to litigate his way into the 2023 Kentucky Derby. This belated, tactical, and meritless motion should meet the same fate as his prior unsuccessful efforts to challenge his suspension.”

Baffert's legal filing from Jan. 20 stated that CDI's written response “addresses claims and inferences that bear little to no resemblance to Baffert's arguments. In the select instances CDI attempts to address Baffert's assertions directly, it deflects attention to inapposite cases. Baffert's arguments are meritorious on their own terms, and CDI's attempts to lead this Court astray should fail.”

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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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Baffert Stay Denied by Franklin County Judge

The Franklin (Ky) Circuit court has denied Bob Baffert and Amr Zedan a stay of the suspension handed down by the Kentucky Horse Racing Commission after Medina Spirit (Protonico) tested positive for betamethasone in the Kentucky Derby, ruling that the plaintiffs are not entitled to a temporary injunction.

The ruling was filed Monday afternoon by Judge Thomas Wingate, who wrote that Baffert met none of the requirements necessary for relief, and that it wasn't the job of the court to make the decision.

On February 21, 2022, nine months after the Derby, the KHRC stewards disqualified Medina Spirit and suspended Baffert for 90 days. Baffert and Medina Spirit's owner, Amr Zedan, appealed the ruling and petitioned KHRC Executive Director Marc Guilfoil for a stay. On Feb. 25, Guilfoil denied that request. On Feb. 28, Baffert and Zedan moved the KHRC for a stay. On March 17, in Franklin County Court, the plaintiffs and the KHRC presented their arguments.

“Under KRS 230.320(2)(f), the role of this Court's review is not to make an independent decision,” the document states. “By statute, Guilfoil was charged with determining whether good cause existed to issue the requested stays. Guilfoil provided the reasoning behind his decision to the Court on March 17, 2022, and the Court holds that Guilfoil did not act arbitrarily or abuse his discretion in denying Plaintiffs' requests for stays. Guilfoil cited the role of the KHRC, as crafted by the General Assembly, and Baffert's four (4) medication positives in the past 365 days”

The judge ruled that Baffert had not demonstrated irreparable injury which would be caused by the suspension, which he said was unlike the cases of other athletes presented by the plaintiffs. “Athletes have a finite period of eligibility or peak performance,” the ruling states, making the distinction between his horses, who could still compete, and himself, who could return to his coaching role after the suspension. “However, Baffert is not an athlete. He is a trainer, much more akin to a coach. Unlike certain athletes whose careers are subject to a small window of eligibility or period of peak performance, Baffert's career has spanned decades and will continue following this brief suspension.”

The judge said that the suspension would begin on April 4. “The Court understands the gravity of this ruling on Plaintiffs,” the document reads. “Accordingly, the Court will alleviate this impact by staying the implementation and enforcement of Stewards Rulings 21-0009 and 21-0010 until April 4, 2022. In the interim, Plaintiffs may seek emergency relief with the Kentucky Court of Appeals and take any necessary action to comply with the ramifications of the penalties imposed. However, absent relief from a reviewing court, the penalties imposed by Stewards Rulings 21-0009 and 21-0010 shall take effect on April 4, 2022.”

This story will be updated.

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Baffert: Without Stay, KHRC Suspension Will ‘Effectively Put Me Out of Business’

The connections of recently disqualified GI Kentucky Derby winner Medina Spirit (Protonico) took to a Kentucky court Monday in an attempt to keep their equine drug positive penalizations from being enforced while their case gets appealed at the commission level.

Trainer Bob Baffert is facing a 90-day suspension and $7,500 fine for now-deceased Medina Spirit's betamethasone overage in the 2021 Derby. Owner Amr Zedan has been ordered by the KHRC to forfeit his colt's purse winnings. But the DQ of Medina Spirit from America's most important horse race will affect both men beyond those penalties, their Feb. 28 court filings argued.

“If I am suspended, I will be prevented from entering horses to race anywhere in the United States,” Baffert stated in an affidavit that accompanied an amended civil complaint and a request for a temporary injunction against the KHRC's rulings. “This is because any suspension imposed by Kentucky will be recognized through the reciprocal arrangements between the racing jurisdictions of each state. Certain races only come around once a year and are limited to horses of a particular age. Every day that I am prevented from entering horses in races is one day of lost opportunity that I can never regain, and for which I will be harmed.”

Baffert's KHRC suspension is set to run Mar. 8 through June 5. He has appealed the Feb. 21 ruling. But on Feb. 25 the KHRC denied him a stay against enforcing the penalties. Such stays are a common–but not mandatory–practice at most state racing commissions unless the infraction is considered overly egregious or if the penalized person is deemed to be dangerous.

“Moreover, any suspension will likely have the effect of harming my business for a significant period of time much longer than the suspension itself,” Baffert stated. “The suspension will precipitate horses currently in my care–worth tens of millions of dollars–being moved to other trainers because their owners cannot allow those horses to be excluded from participation in the lucrative races. This will effectively put me out of business in all states.”

Monday's filings by Baffert and Zedan in part amended their initial June 7, 2021, complaint in Franklin County Circuit Court that initially sought an injunction to keep the KHRC from allegedly violating their due process rights. The new version Feb. 28 asked for four forms of legal relief:

“1) For an Order of this Court granting Plaintiffs' appeal pursuant to KRS 230.320(2)(f) and staying Stewards Rulings 21-0009 and 21-0010 pending their appeal; 2) For an Order of this Court granting Plaintiffs an injunction pursuant to Civil Rule 65.04 staying Stewards Rulings 21-0009 and 21-0010 pending their appeal; 3) For their costs herein expended, including reasonable attorney fees; and 4) Any and all other relief to which they may appear entitled.”

The amended complaint outlined for the judge how the process of appeals and stays is supposed to work, according to the plaintiffs' perspective.

“Typically, given the preliminary nature of a Stewards Ruling, the KHRC stays any implementation of penalties imposed therein until all appeals are exhausted and there is a final and binding decision. This is in large part because the KHRC recognizes that irreparable harm will be suffered by licensees if they are forced to presently suffer the consequences of a ruling that is subject to being reversed later. For example, a trainer who is forced to serve days of a suspension now cannot ever get those days back if the ruling imposing the suspension is subsequently vacated.”

At a later point in the document, it explained, “Absent a stay of the Stewards Rulings, Zedan will be forced to return purse monies and Baffert will be prevented from pursuing his chosen profession and enjoying the fruits of his labor through the exercise of his state issued occupational license, in addition to having his reputation tarnished.”

The complaint also raises a new issue: That the KHRC is allegedly exceeding the suspension time frame that it is allowed to impose on Baffert for this sort of infraction..

“Further, even if a suspension was appropriate (which it is not), the KHRC rules only provide for a 30-60 day suspension and not 90 days,” the filing stated, citing 810 KAR 8:030, Section 4(3)(a). “Thus, even in the light most favorable to the KHRC, the suspension is unlawfully long.”

As the plaintiffs put it, such a purportedly unlawful suspension would unleash a cascade of irreparable harm upon the Hall of Fame conditioner.

“The owners of the horses Baffert trains, many of whom are at the pinnacle of the global Thoroughbred racing industry, are currently making decisions to protect their ability to race at numerous upcoming races, including the Triple Crown. A 90-day suspension would prevent Baffert from participating in the Triple Crown. Any suspension of Baffert which impacts his ability to enter horses in races across the country, including the Triple Crown, negatively impacts those decisions…”

As Baffert put it in his affidavit, “In California, where I am based, any suspension over 60 days will require me to vacate my barns and remove all signage. As a result, I will be effectively put out of business.

“Graded stakes are the most elite races and a Grade I stakes race is the highest level of racing in the industry. Graded stakes generally offer the largest purses, and are intended to showcase the best horses in the industry. All three Triple Crown races are Grade I stakes races. A 90-day suspension will prevent me from participating in any of those races in 2022.”

(Note: The GI Belmont S., the third leg of the Triple Crown, is scheduled this year for June 11, which actually falls outside of Baffert's KHRC penalization period.)

TDN could not obtain a comment from the KHRC prior to deadline for this story. The KHRC in the past has reiterated that it does not comment on pending litigation.

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