Zedan owns the GI Arkansas Derby winner Muth (Good Magic), who would be among the Derby favorites if allowed to race.

After Medina Spirit (Protonico) tested positive for betamethasone in the 2021 Derby Baffert was banned by the track for two years. Late last year they extended the ban through all of 2024. In past years, Baffert has sent his horses to other trainers, which allowed them to run at Churchill. This year, in a show of solidarity from his owners, including Zedan, Baffert has not lost a single horse to another trainer.

Baffert and Zedan have fought the suspensions through many layers of the court system and they have yet to win a round. Their cases have revolved around the betamethasone positive and have argued that because it was found in an ointment and not in an injection no penalty was warranted. According to the Times report, Zedan is trying a new tactic. He is contending that he bought horses at sales in 2022 based on the fact they could run in the 2024 Derby and he had no reason to believe at the time that the Baffert ban would be extended. Zedan spent about $10.7 million to purchase six horses including Muth and the highly-regarded Maymun (Frosted) with the primary goal of winning the 2024 Derby.

Zedan's attorney will argue that the extension of the ban is not grounded in any contractual or common laws, that it defied the authority of the Horseracing Integrity and Safety Authority and threatens the value of this year's Kentucky Derby.

Zedan lawyer John Quinn casts Churchilll Downs Inc. CEO Bill Carstanjen as the person most responsible for keeping Baffert out of the Derby. The suit accused Carstanjen of ” pursuing a crazed vendetta at the expense of letting fair, healthy competition run its course.” It continues: “among the losers are CDI itself and its own shareholders, who should be welcoming, not banning, the best and fastest horses that have qualified for this year's race.”

In a statement, Zedan echoed his lawyer's comments.

“I am a longtime admirer of the Kentucky Derby and specifically headquartered my stable…in Kentucky because it is world renowned for horse breeding,” Zedan said in the statement. “Bringing this lawsuit is the last thing I ever wanted or expected.

But given Bill Carstanjen's vindictive personal vendetta against our stable's trainer Bob Baffert–who happens to be one of the most legendary trainers in the history of our sport–the horse racing industry I revere is being compromised.”

“While I am not a plaintiff in the lawsuit recently brought by Zedan Racing Stables against Churchill Downs, I would like nothing more than for the horses I train to have an opportunity to run at Churchill Downs,” Baffert told The Times in a text.

It may be a long shot, but Zedan is clearly trying to open up a legal avenue that will allow his horses to race in the Derby. With the Derby just 42 days away, the Zedan team is playing it close when it comes to being granted a temporary injunction.

A hearing on the matter is scheduled for Monday morning with Judge Jennifer Bryant Wilcox.

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The $2 million increase to the race highlights a record-setting, 50-race stakes schedule cumulatively worth $25.6 million for Churchill Downs' 2024 Spring Meet, which will be run over 43 dates from April 27-June 30/

The Derby purse structure was the subject of a Chris McGrath TDN interview with John Sikura, where he questioned the $3 million purse. The cause was later taken up by Mike Repole.

Prize money for the stakes schedule increased 25% or $5.1 million from last year's $20.5 million lineup which is due to historical horse racing. Prior to the debut of historical horse racing at CDI's Derby City Gaming in September 2018, that year's Spring Meet featured 32 stakes races worth $8.8 million. There are now 18 additional Spring Meet stakes, and prize money for horsemen in those events has grown 190% or by $16.8 million.

“These record purse increases are a symbol of the health of horse racing in Kentucky,” said Bill Carstanjen, CEO of Churchill Downs Incorporated. “Churchill Downs Incorporated's over $1 billion investment into live and historical horse racing in Kentucky over the last five years has meaningfully strengthened the entire Kentucky Derby Week and year-round racing program. It's important to acknowledge the state legislature for its commitment to working closely with private enterprise in a truly collaborative partnership to support the continued growth of Kentucky's signature industry.”

Thirty-eight of the 2024 Spring Meet stakes races received significant purse hikes, including $250,000 boosts to each of the following: the $1.5 million GI Kentucky Oaks; $1 million GI La Troienne S.; $1 million GI Churchill Downs S.; $1 million GI Derby City Distaff; and $750,000 GII Churchill Distaff Turf Mile. Each of the track's seven Grade I events, including the Old Forester Bourbon Turf Classic S. and Stephen Foster S., feature a minimum $1 million purse.

With a record $5 million in prize money now guaranteed for the Kentucky Derby, the winner will receive the event's highly sought-after gold trophy, a $3.1 million payday and possibly millions more as a stallion after retirement from racing. Also, $1 million will be awarded to the runner-up, $500,000 to third, $250,000 to fourth and $150,000 to fifth.

Previously, the Kentucky Derby purse had been worth $3 million since 2019, and was $2 million from 2005-18 and $1 million from 1996-2004.

“It is truly gratifying to view the steady growth of the Churchill Downs racing product and the entire Kentucky horse racing and breeding industry, which bettors around the world have embraced,” said Churchill Downs Racetrack President Mike Anderson. “Through the purses generated by the racing association and the Kentucky Thoroughbred Development Fund, Kentucky horsemen and horsewomen are reaping the benefits of Churchill Downs Incorporated's historic investment as we celebrate this year's milestone 150th Kentucky Derby.”

Pretty Mischievous | Horsephotos

At $1.5 million, the 1 1/8-mile Kentucky Oaks–the Derby's sister race staged one day prior on Friday, May 3–remains the nation's most lucrative race for 3-year-old fillies. It had been worth $1.25 million since 2019, and was $1 million from 2011-18 and $500,000 from 1996-2010.

All told, there will be a record 22 stakes races cumulatively worth $17.5 million staged over Kentucky Derby Week (April 27-May 7), including nine stakes totaling $10.8 million on Derby Day and seven totaling $5.3 million on Oaks Day.

Four races on Kentucky Derby Week will offer horses an entry and travel incentive to run in some of Europe's most prestigious races. The winner of the Old Forester Turf Classic will receive a berth to either the one-mile G1 Queen Anne S. or the 1 1/4-mile G1 Prince of Wales's S. at Royal Ascot in mid-June. Earlier on the Kentucky Derby Day program, the winner of the GII Twin Spires Turf Sprint will receive an entry to the G1 King's Charles III S. (formerly known as the King's Stand), also staged at Royal Ascot.

Three-year-old turf specialists in the GII American Turf and GII Edgewood S. can receive their entry to either the G1 Betfred Derby or G1 Betfred Oaks at Epsom Downs. The winner of the American Turf on Kentucky Derby Day will receive an entry and travel stipend to compete in the Betfred Derby while the winner of the Edgewood on Kentucky Oaks Day will receive the same benefits for the Betfred Oaks.

The first condition book of scheduled races is being finalized by Vice President of Racing Ben Huffman and is expected to be published in late January. More than $57 million in total prize money is expected to be offered during this year's Spring Meet (pending Kentucky Thoroughbred Development Fund final approval). Purses for maiden races will be $120,000 while allowance races will range from $127,000 to $141,000.

Spring Meet stall applications are due Friday, Mar. 1. Following its annual closure for wintertime renovations, the Churchill Downs stable area will reopen Tuesday, Mar. 19. The first day of training on the main dirt track will be Friday, Mar. 22.

For the second consecutive year, Churchill Downs Incorporated's nearby Trackside Louisville, which accommodates more than 500 horses, has remained open year-round for wintertime stabling and training for racing at Turfway Park in northern Kentucky.

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Operations at the Louisville oval were suspended in early June following a rash of breakdowns during the first month of the meeting that began only a few days prior to the running of the GI Kentucky Derby. The balance of the Churchill spring meet was run at Ellis Park from June 10 through July 3.

Officials at Churchill Downs have announced several key enhancements to include:

• Infrastructure Upgrades: Analysis by multiple leading industry experts found no issues with the racing surfaces, however, to further maximize surface oversight and consistency, the Racetrack has invested in additional new surface maintenance equipment and committed to doubling the frequency of surface testing;

• Increased Veterinary Oversight: Additional resources will be added to CDI's highly qualified veterinary team to provide additional monitoring and specialized care for horses and assist in pre-race inspections and entry screening;

• Collaboration with Industry Experts: Work will continue with HISA and other industry experts to predict at-risk horses using up-to-date data and advanced analytic techniques;

• Establish Safety Management Committee: A new safety committee will be established consisting of horsemen designees, racetrack employees and veterinarians to candidly discuss concerns and observations to constantly provide real time feedback on areas of improvement.

“We are excited to resume live racing again at Churchill Downs,” said Bill Carstanjen, CEO of CDI. “Our commitment to safety remains paramount as we enter this September meet and our participants, fans and the public can be assured that we will continue to investigate, evaluate and improve upon every policy and protocol.”

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Carstanjen added that CDI will soon be announcing new safety protocols to be implemented for the scheduled September return of racing to Churchill Downs, but he did not disclose details about what to expect.

During the first week of June, CDI abandoned the final month if its spring racing season at Churchill and moved the remainder of the meet 170 miles west to Ellis Park, another Kentucky track in its corporate portfolio.

Stabling, training, and timed morning workouts continued at Churchill while only the races were moved to Ellis. At the start of July, Ellis segued into the start of its traditional summer meet.

As per his custom on the quarterly earnings conference calls, Carstanjen began by reading prepared remarks that he described as “high-level thoughts” about the gaming corporation's overall business. He spoke for 22 minutes without addressing the horse fatalities or the move to Ellis in detail. It was only when he was asked directly about the issue by an investment banking analyst during a Q & A session that is not open to journalists that he disclosed what has been going on.

Carstanjen said “the takeaway is the track is very safe. And what we needed to do was spend some of this time in the interim while we ran the rest of the race meet at Ellis, to just go soup to nuts through every single thing that we do at the racetrack. There was nothing that jumped out as the apparent cause of the injuries, of the breakdowns.

“And as we went through and rebuilt our processes from the ground up to check everything that we do to make extra sure, we didn't find anything material. So the way to think about news like that is, hey, you have to do the best that you can; you have to take the steps that you can to make it as safe as possible, and you constantly have to challenge yourself and review everything you do.

Carstanjen continued, “But this was a series of unfortunate circumstances that happened during the early portion of our meet. And to the extent that there can be good that comes out of it, everything we'll do going forward in September we'll do a little bit better and be a little bit more thorough, and we'll learn what we can.

“But there aren't any material changes that have been made to the structure of the track or the surface of the track, [and after expert outside evaluation] we didn't find anything fundamentally wrong or different about our track from previous years.

“So that, in a sense, can sometimes be unsatisfying. But that's business and that's sport. We just have to commit to continually doing everything we can, constant incremental improvement, to be as safe as we can, and we've done that,” Carstanjen said.

Outside of the CDI corporate structure, the 12 fatalities have also been investigated by the Kentucky Horse Racing Commission and the Horseracing Integrity and Safety Authority.

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“Against All Odds” depicts the thrilling photo finish victory of John Henry with jockey William Shoemaker in the irons as they ran down The Bart in the shadow of the wire in the inaugural running of the Arlington Million in 1981, the first Thoroughbred race to boast a purse of $1 million. The statue was originally unveiled in 1989 at Arlington International Racecourse.

“It is a great honor to make this gift to the National Museum of Racing and Hall of Fame in memory of the late Richard Duchossois, where it will be prominently displayed and enjoyed by racing fans for many years to come,” said Bill Carstanjen, CEO of CDI. “Much like Mr. Duchossois, 'Against All Odds' represents perseverance. May it serve as an inspiration to horses and humans alike that with courage and determination, what seems impossible can be achieved.”

“We are most grateful to Bill Carstanjen and everyone at Churchill Downs Incorporated for the generous donation of the 'Against All Odds' statue to the National Museum of Racing and Hall of Fame,” said John Hendrickson, Chairman of National Museum of Racing and Hall of Fame. “This incredible work of art represents so many iconic elements of racing history–the inaugural Arlington Million, Hall of Famers John Henry and Bill Shoemaker, and the legacy of Richard Duchossois, a true Pillar of the Turf. We are honored to accept this wonderful addition to our collection and showcase it prominently on the Museum grounds, where it will have a forever home.”

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The first day of racing at Ellis will be held on June 10. The Churchill-at-Ellis meet will end on July 3.

Racing at Churchill will be held as scheduled this Saturday and Sunday.

“The team at Churchill Downs takes great pride in our commitment to safety and strives to set the highest standard in racing, consistently going above and beyond the regulations and policies that are required,” said Bill Carstanjen, CEO of CDI in a statement. “What has happened at our track is deeply upsetting and absolutely unacceptable. Despite our best efforts to identify a cause for the recent horse injuries, and though no issues have been linked to our racing surfaces or environment at Churchill Downs, we need to take more time to conduct a top-to-bottom review of all of the details and circumstances so that we can further strengthen our surface, safety and integrity protocols.”

Carstanjen's statement continued: “In addition to our commitment to providing the safest racing environment for our participants, we have an immense responsibility as the economic engine of the Thoroughbred industry in Kentucky which provides jobs and income for thousands of families every day. By relocating the remainder of the meet to Ellis Park, we are able to maintain this industry ecosystem with only minor disruption. We are grateful to the Kentucky horsemen for their support, resiliency and continued partnership as we collectively work to find answers during this time.”

Shortly after the Churchill statement was released, the Horseracing Integrity and Safety Authority (HISA) put out a release of its own, saying that it had recommended that the meet be suspended. HISA does not have the authority to close a meet down but can prevent a track from sending out its simulcasting signal if it feels that track is not making their best effort to deal with breakdowns and other safety issues.

“HISA's highest priority is the safety and wellbeing of equine and human athletes competing under our jurisdiction,” said HISA CEO Lisa Lazarus. “Given that we have been so far unable to draw conclusions about the cause of the recent equine fatalities at Churchill Downs, and therefore have been unable to recommend or require interventions that we felt would adequately ensure the safety of the horses running there, we made the decision to recommend to CDI that they temporarily suspend racing at Churchill Downs while additional reviews continue. We know that CDI and the KHRC [Kentucky Horse Racing Commision] share our goal of ensuring safety above all else, and we appreciate their thoughtfulness and cooperation through these challenging moments. We will continue to seek answers and work with everyone involved to ensure that horses are running safely at Churchill Downs again in the near future.”

The shift to Ellis was made despite widespread agreement among trainers, jockeys and by experts brought in to examine the racing surface that there were no issues with either the main track or the turf course. Of the 12 horses who have died, seven died in races run over the main track. There was also a fatality in a turf race and another during training hours. Wild On Ice (Tapizar), a contender for the GI Kentucky Derby, was the first fatality when he broke down during morning training on Apr. 27. Three other horses died due to causes other than musculoskeletal injuries.

Considering the widespread opinion that there is nothing wrong with the track, Rick Hiles, President of the Kentucky HBPA, came out with his own statement Friday in which he questioned the decision.

“Horsemen question the purpose of this unprecedented step, especially without conclusive evidence that there is a problem with the racetrack at Churchill Downs. We all want to find solutions that will improve safety for horses. However, we need to discuss allowing trainers and veterinarians to use therapeutic medications that greatly lessen the risk of breakdowns. Drastic steps, such as relocating an active race meet, should only be considered when it is certain to make a difference.”

The HISA statement also referenced the findings that there is nothing amiss with the racetrack.

“Track surface expert Dennis Moore completed his HISA-commissioned review of the Churchill Downs Racetrack and reported his findings to HISA earlier today,” the statement read. “After conducting his own inspection of the surface and reviewing data collected by Racing Surfaces Testing Laboratory (RSTL) and Churchill Downs, he reported there were no primary areas for concern and has verified that the various track metrics analyzed are consistent with previous years.”

The decision to move to Ellis was approved Friday by the Kentucky Horse Racing Commission (KHRC).

“Today, Churchill Downs requested a voluntary move of their operations to Ellis Park for the remainder of their spring meet,” KHRC spokesperson Kristin Voskuhl said. “Out of an abundance of caution for the safety of all racing participants, the KHRC approved the move. The KHRC is working closely with Churchill Downs and the Horseracing Integrity & Safety Authority on continuing  investigations into the recent equine fatalities.”

The condition book for the Churchill meet and the stakes schedule will remain unchanged upon the shift to Ellis.

Last September, Churchill announced that it had bought Ellis from Enchantment Holdings for $79 million in cash. Following the Churchill-at-Ellis meet, racing will continue at Ellis. The 2023 Ellis meet runs from July 7 through Sunday, Aug. 27.

The move to Ellis will be an inconvenience for horsemen. Ellis is roughly 103 miles from Louisville. Despite that, Churchill-based trainer Dale Romans said he understood why Churchill made the move.

“I think it is overkill, but better to have overkill than to not pay attention to the breakdowns,” he said. “Yes, it surprised me when I first heard about it. But we are talking about a major corporate company and they don't want to keep going with things being the way they are only to figure out later that it was the racetrack. You can't execute Churchill for trying to do the right thing.”

When faced with similar problems in 2019, Santa Anita shut down its meet for about three weeks before resuming racing.

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This year's Derby featured a field of 18 and was attended by an announced crowd of 150,335. It was the first renewal of the race to feature Churchill's new 'First Turn Experience,” a grandstand of its own on the clubhouse turn.

“We were thrilled to debut our new First Turn Experience, a one-of-a-kind premium accommodation with exclusive views of the horses and the racetrack from the rail of the first turn, as we commemorated the 50th anniversary of Secretariat's victory in the Run for the Roses,” said Bill Carstanjen, CEO of CDI. “We expect the Kentucky Derby Week Adjusted EBITDA to reflect a new record with $14 to $16 million of growth over the prior record set last year. We will now accelerate our focus on our year-long celebration in preparation for the 150th Kentucky Derby in May 2024.”

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“We are thrilled to welcome back Woodford Reserve as the presenting sponsor of the Kentucky Derby for the next five years,” said Bill Carstanjen, CEO of CDI. “We are pleased to build upon this partnership between two global entities that represent the unique culture and unbridled spirit of Kentucky. Brown-Forman's brand offerings are the ideal complement to the heritage of this time-honored tradition.”

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“This is an exciting announcement for the horse racing industry, the cities of Henderson and Owensboro, and the entire Commonwealth of Kentucky,” said Kentucky Governor Andy Beshear. “Churchill Downs has proven it has the experience, resources, and desire to reinvigorate Ellis Park into a premier racing destination and provide unmatched gaming entertainment.”

Ellis Park, located north of the Ohio River and just south of Evansville, Indiana, also features a gaming facility venue with approximately 300 historical racing machines.

“We are very enthused to welcome Ellis Park to the Churchill Downs racing family,” said Bill Carstanjen, Chief Executive Officer of CDI. “Our team is committed to building a summer meet at the 'Pea Patch' that keeps more Kentucky-bred horses and Kentucky-based trainers' in their home state while attracting top horse racing talent from across the country to the Bluegrass State each July and August.”

The closing of the transaction is contingent upon approval by the Kentucky Horse Racing Commission. If change of control is approved, the parties expect to close the transaction shortly thereafter.

CDI has commenced planning to make both critical investments in the Ellis Park racing infrastructure and to construct Owensboro Racing & Gaming, a track extension and entertainment venue at Owensboro's Towne Square Mall that will feature 600 HRMs, a simulcast wagering center, and multiple food and beverage offerings. Over the next year, CDI expects its total investment in Henderson and Daviess Counties to be approximately $75 million in addition to the purchase price.

“The opportunity to bring Churchill Downs to Owensboro is particularly significant to us,” said Jason Sauer, Senior Vice President of Corporate Development for CDI, “We are eager to start the work to elevate Ellis Park's reputation as a summer destination for Thoroughbred racing while delivering a premier gaming and entertainment experience to Daviess County. We look forward to sharing more exciting details about our plans in the coming days.”

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That news was revealed Thursday morning by Bill Carstanjen, the chief executive officer of Churchill Downs, Inc. (CDI), who briefly mentioned the dates increase during a public quarterly earnings conference call with investment bankers.

The reason has everything to do with CDI's gaming revenue and apparently very little do with the overall scope of the region's racing.

Almost as an aside during a larger discussion about CDI's in-progress acquisition of Colonial and its network of gaming businesses, Carstanjen said that CDI is “working on plans to enhance the racing” as the result of a corporate strategy to maximize the number of historical horse racing machines (HRMs) that it can operate at various locations in the state.

“Based on Virginia law, we will be required to run one race date for every 100 HRMs that are operational in the state, up to the 5,000 HRMs we are currently authorized,” Carstanjen said.

“Colonial Downs will hold 27 race dates this year in conjunction with the approximately 2,700 HRM machines now deployed. Over the next two to four years we expect to grow to up to 50 race dates as we reach 5,000 HRMs,” Carstanjen said.

An expansion of the racing schedule by that magnitude would almost certainly create horse availability strains in a region of the country that is geographically thick with competing tracks, but has a strong recent history of cooperation so as not to cannibalize the overall mid-Atlantic Thoroughbred product.

Frank Petramalo Jr., the executive director of the Virginia Horsemen's Benevolent and Protective Association, told TDN in a phone interview that he hadn't heard Carstanjen's comments, but he knew that the Virginia law allows for that level of race dates expansion.

Even though owners and trainers generally welcome the prospect of increased race dates, Petramalo urged restraint for the sake of the overall circuit.

“What I've said to both Bill Carstanjen and to [CDI president] Bill Mudd, our goal has always been to have a rational program within mid-Atlantic racing,” Petramalo said. “We were thinking that something smaller than [50 dates at Colonial] would fit in the mid-Atlantic. I certainly could change my mind, but I told both Bills that it's important to continue a cooperative relationship between Virginia and Maryland and Delaware [and] certainly Pennsylvania.”

Petramalo continued: “We have a lot of racing [in the region] and a diminishing number of horses. We think the way to success is to try to rationalize racing programs. Now I know that's an anathema to just about every state, but you can't keep running over other race meets. It just doesn't make any sense.”

After being closed for six years, Colonial reopened under new management in 2019, ushering in the HRM-fueled purse era in Virginia and carving out a reputation as an independent “comeback” track.

Petramalo said that earlier in Colonial's history, it had a contract with Maryland tracks that called for Maryland racing to shut down in June and July while Colonial ran unopposed. In turn, Colonial did not seek to expand its schedule beyond that agreed-upon time frame.

“Even after Colonial bought out that contract, we still had a cooperative relationship. We weren't running against each other,” Petramalo explained.

“Sure, we'd like to race 50 days,” Petramalo continued. “But it has to make economic sense to do that. Right now we don't really compete with Maryland because we race Monday, Tuesday, Wednesday, and they race weekends. We still have a lot of people going back and forth, and we both prosper that way.”

CDI owns four other Thoroughbred tracks nationwide–Churchill Downs, Turfway Park, Fair Grounds and Presque Isle Downs–and is in the process of receiving regulatory approvals so it can close the $2.4-billion Colonial sale. But beyond its presence at Presque Isle, the gaming corporation is a new player to the traditionally cooperative mid-Atlantic racing region.

Recent history begs the question of whether CDI can play nicely with its neighbors and horsemen.

Under CDI's stewardship this century, the gaming corporation has purchased and then closed down three major racetracks: Hollywood Park, Calder Race Course and Arlington International Racecourse. Its shutdown of Arlington last year capped a decade-long series of acrimonious relations with horsemen, and CDI is still being litigated in federal court over a $775,000 purse account dispute.

“We continue to analyze where to deploy additional HRMs in Virginia,” Carstanjen said during the July 28 call. “We are prioritizing locations based on population, disposable income, and likelihood of being able to pass a local referendum allowing for HRMs in the specified locations. We will provide updates on future earnings calls.”

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