Baffert vs. NYRA Fight Grinds On

Bob Baffert filed a legal response Friday to the New York Racing Association (NYRA)'s recent attempt to dismiss his amended civil complaint, in which the Hall-of-Fame trainer is fighting an allegedly “sham” hearing process initiated by NYRA to determine if he will be excluded from New York's premier tracks.

The Dec. 10 filing in United States District Court (Eastern District of New York) rebutted and reargued a number of legal points that have already been volleyed back and forth by both sides since Baffert filed the initial version of his lawsuit June 14.

But one updated section lets the judge know about the Dec. 3 urine test results that the trainer's legal team claims “have confirmed scientifically” that the betamethasone in Medina Spirit's system after the colt won the GI Kentucky Derby came from a topical ointment and not an intra-articular injection.

Yet this new information about Medina Spirit's urine was imparted in the filing without any mention of the tragic turn of events that took place about 72 hours after those test results were made public, when the Derby winner collapsed and died after laboring through a workout at Santa Anita Park.

It's understandable that Medina Spirit's Dec. 6 death is not a legal point that Baffert's counsel considers relevant to the case, which deals primarily with allegations and incidents that occurred months ago.

But to a layman reading the court filing with the knowledge that Medina Sprit's untimely and sudden passing rocked the sports world and dominated the international racing news this week, it does come across as a jarring omission of context in the overall saga.

“Unfortunately, NYRA refused to wait for the results of the aforementioned testing or to otherwise allow the comprehensive administrative process which must take place in Kentucky to play out,” Baffert's filing stated.

“Instead, on May 17, 2021, prior to the initiation of any administrative processes in Kentucky, NYRA took the unprecedented step of announcing that it was immediately and indefinitely suspending Baffert from entering horses in racetracks that it operates, including Belmont Park, Saratoga Race Course, and Aqueduct Racetrack,” the filing continued.

NYRA had banished the seven-time GI Kentucky Derby-winning trainer 16 days after Medina Spirit tested positive for a betamethasone. But NYRA's stated desire to rule off Baffert goes beyond Medina Spirit's still-in-limbo Derby penalization status, which has not yet even resulted in a Kentucky Horse Racing Commission hearing.

In the 12 months prior to Medina Spirit's positive, four other Baffert trainees also tested positive for medication overages, two of them in Grade I stakes, and this has been a key plank in NYRA's argument.

On July 14, the court granted Baffert a preliminary injunction that currently allows him to race at New York's premier tracks until his lawsuit gets adjudicated in full.

But the judge also wrote in that ruling that “Baffert should have been given notice of all of the reasons that NYRA intended to suspend him.”

So in the wake of that decision, NYRA drafted a new set of procedures for holding hearings and issuing determinations designed to suspend licensees who engage in injurious conduct. On Sept. 10, NYRA then summoned Baffert to appear at an exclusion hearing.

Baffert first filed a motion asking the judge to hold NYRA in civil contempt for trying to schedule such a hearing and to stay the hearing itself. When those requests were denied, he amended his original complaint to try and keep that hearing process from moving forward (it's currently scheduled to begin Jan. 24).

When NYRA previously addressed the issue of the hearing in court documents, it termed Baffert's characterization of the process as “misguided,” noting that “Plaintiff s argument that he had no notice of the conduct prohibited by NYRA likewise fails given that common law has long recognized the standards and interests NYRA intends to uphold.”

NYRA had also previously pointed out to the judge that it was “providing Plaintiff exactly what he argued he was entitled to in support of his motion for a preliminary injunction–notice and an opportunity to be heard.”

On Friday, Baffert's filing contended that, “Shockingly, NYRA's Motion to Dismiss even asks this Court to dismiss the [civil action for deprivation of rights claim] on which Baffert has already prevailed. Baffert's Amended Complaint states valid claims for each of the five causes of action…NYRA's Motion to Dismiss should be denied in its entirety.”

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This Side Up: Faults On All Sides Require Fairness All Round

Ever get the feeling that somebody up there doesn't like us very much? Of all of the horses, in all of the world… But really it doesn't make any difference, however you interpret the tragedy of Medina Spirit (Protonico). The net result, for our community, is the same–whether you think the whole melodrama unfolded, entirely and lucklessly, at random; or was somehow determined by our own culpable behaviors. Whoever is writing these scripts, we have been cast in the same role. We are being tested. And if we don't get our lines right, we shouldn't be surprised if they turn out the lights and board up the theater.

It's a test that demands courage. That's not the same as fearlessness. Without fear, in fact, there can be no courage. And we should certainly be scared. With so many enemies out there, ever louder and better resourced, this increasingly feels like an existential crisis. That makes hysteria hard to resist, whether it takes the form of confrontation or surrender. But the kind of bravery we require now is all about staying calm, thinking clearly and, ultimately, doing the right thing.

There are no easy answers. Instinctively, however, I feel that our twin imperatives are not to yield to mob rule, on the one hand; while also, for once, not just circling our wagons.

The challenges we face reflect two endemic vices of social media: conspiracy and conflation. Conspiracy theory is rabidly resistant to rational engagement: every sheep is perceived as a slavering wolf under a bloodily stolen fleece. The habit of conflating unrelated issues is not so wild-eyed, just lazy and credulous. Both, however, nourish shrillness and anger–the principal cultural and political currency of the internet age.

Conspiracy depicts our entire industry as engaged in satanic exploitation. But conflation, whether through a lack of patience or intelligence, can't be bothered with nuance; can't be bothered with the idea that all our various travails should be judged on their individual merits. Any walk of life, says conflation with a shrug, that can present us with so many ghastly stories, one after another, is just too disgusting to be allowed to continue. Unfortunately, the Medina Spirit disaster has rendered that view more vocal than ever, and right in the middle of Main Street.

So how does conscience respond? On one level, it would seem pretty straightforward. Just as no reasonable person, away from the venomous extremes, wants society to be governed by ignorance, prejudice and rancor, so we should be able to reject those poisons directed at a community we know, in the vast majority of cases, to be utterly devoted to the horse. It must be terribly hard for those who have groomed Medina Spirit so lovingly, to have their grief over that empty bridle compounded by the vituperation of some whose professed empathy for animals will never remotely measure up to the arduous and reverent services they render daily to Thoroughbreds.

The trouble is that perceptions, shared sufficiently widely, ultimately obtain the political force of reality. If the social media wildfire ends up with millions giving our industry moral equivalence with cockfighting or bear-baiting, then there would seem limited point in persuading a rational minority that they should not bundle together, say, the allegations against Navarro and Servis with the reality that a foal can shatter a limb while cavorting innocently in a paddock. Even if we can collectively achieve the kind of self-improvement so plainly necessary, we may never retrieve the “social licence” if enough people have already taken a position that would, logically, end up with a handful of horses preserved in safari parks.

Our opinion that horses will never make good housepets feels like an informed one. But let's say that we accept, and strive to meet, far more exacting terms for the conscionable use of horses for any kind of sport. In the meantime, do we have to go out and meet halfway people we consider to be wholly wrongheaded? Do we, as a matter of sheer pragmatism, abandon other precious precepts, simply to be allowed to continue doing business?

That may sound a woolly question. But isn't that pretty much where we find ourselves with Bob Baffert? Because if we expect a fair hearing, as an industry, then surely we have to remain scrupulous in applying the same standards ourselves. However vexing Baffert's serial provocations, we can't just say: “Look, we don't care whether you have just been fantastically unlucky, or culpably inattentive, or something far worse. You have now become so tiresome that you simply have to go away.”

If jurisdiction can be established and due process is observed then, sure, Baffert should expect to pay a proportionate price for individual and indeed cumulative infractions. But you can't respond to the harrowing denouement of the Medina Spirit saga by exchanging the principles of equity for lynch-mob standards of evidence.

In such a gale of hatred, it takes a degree of courage to keep weighing probabilities fairly, keep heeding the science. But exactly the same nerve and dispassion will also be required to tackle any whose idea of fairness is for people just to back off their buddy Bob, simply because he may have favored them with his stardust, his charm, above all his professional success.

As we know, some very powerful patrons already appear to have taken the view that Baffert is responsible for enough damage to the sport for them to feel obliged to take their business elsewhere. However innocent the circumstances in which Medina Spirit has been added to the list not only of Baffert violations, but now also to that of Baffert fatalities, maybe the kind of ratios that wouldn't in themselves support a regulatory prohibition are sufficient for the market to apply a less exacting standard of evidence.

Would that be a form of mob rule? Or wouldn't it actually represent an informed judgement? Not necessarily of an individual horseman, but of the extremely perilous situation in which all horsemen find themselves. For the courage we need most urgently, now, is in acknowledging that some of the generalized charges against our entire community are actually pretty fair. Because anyone still in denial about our sport's ongoing failures must accept a share of responsibility for those. And, to that extent, it's by no means unfair even for those who “know nothing” about what we do to conflate all the various headlines that have done us so much damage over the past two or three years. Why shouldn't outsiders make such angry inferences, when they see such willing complicity among those of us who “really understand” the business?

Far more egregious offenses than have ever been suspected of Baffert remain incorrigibly indulged. We see programs in plain sight that cannot be coherently explained, other than by flagrant cheating; and we don't necessarily mean only “juicy” improvement in certain blue-collar claims on certain blue-collar circuits.

Meanwhile we see non-racing states cynically harnessed to stand up for horsemen's constitutional right to bear syringes. And of course we see hundreds of mares bred to stallions with the flimsiest credentials, while others that might recycle soundness and constitution are neglected as somehow “uncommercial.”

Doubtless some of those who profit from dubious training programs will only discover a dormant capacity for moral indignation if the stallions graduating from any given barn start to be received with due scepticism by breeders. All that glisters, remember, may not be genetic gold. But that would be doing the right thing for the wrong reason. Cowardly, in other words. And now, as we said, is the time to show some moral courage. Time to be fair to everyone–including our critics.

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Messier Takes Next Step at Los Al

'TDN Rising Star' Messier (Empire Maker) will look to take his talent around two turns as a prohibitive favorite in Saturday's GII Los Alamitos Futurity. A $470,000 FTKSEL buy by the powerful ownership conglomerate nicknamed The Avengers, the bay settled for second at 1-2 in his local unveiling July 27. He resurfaced at Santa Anita Oct. 22 after a minor foot issue, and blew away his competition by 6 1/2 lengths. The son of MSW router Checkered Past (Smart Strike) made similarly short work of Del Mar's GIII Bob Hope S. over seven panels Nov. 14, and trainer Bob Baffert now puts the blinkers back on that he took off for that start. The Avengers will also be represented by Barossa (Into Mischief), who graduated third out over a mile at Santa Anita Oct. 15 before wheeling back quickly to finish ninth behind stablemate Corniche (Quality Road) in the GI Breeders' Cup Juvenile Nov. 5. Baffert has won each of the seven runnings of this race since it was moved to Los Al and owns 13 victories in it overall.

Trainer Doug O'Neill has two chances at his first Futurity win. Durante (Distorted Humor) ran Barossa to a half-length two back, before earning his diploma Nov. 14. Slow Down Andy (Nyquist) was a sharp debut winner sprinting against fellow Cal-breds Oct. 9, and was a close second as the chalk in the Golden State Juvenile S. on Breeders' Cup weekend Nov. 5.

Longshot Olympic Legend (Street Boss) rounds out the field of five coming off a distant third in the restricted Capote S. here Sept. 18.

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Jan. 11 Insights

Sponsored by Alex Nichols Agency
PRICEY NYQUIST DEBUTS AT LOS AL
5th-LRC, $52K, Msw, 2yo, f, 6f, 4:58 p.m.
Mick Ruis went to $510,000 at KEESEP to acquire WAITING ON WENDY (Nyquist) and she debuts here for his daughter Shelbe Ruis. The bay is a half to GSW & GISP Divine Miss Grey (Divine Park) and GSP Divine Dawn (Divine Park). Their dam is a hald to MGSW & MGISP Noble Court (Doneraile Court). This is also the family of GISW Complexity (Maclean's Music) and GSW & GISP Valadorna (Curlin). Michael Tabor's Comedic (Practical Joke), an $800,000 FTFMAR buy, makes his third start here off a pair of runner-up efforts sprinting on turf, most recently at Del Mar Nov. 12. TJCIS PP

BAFFERT & AVENGERS GET INTO MORE MISCHIEF
8th-LRC, $52K, Msw, 2yo, 6f, 6:28 p.m.
The powerhouse partnership known as the Avengers team up with Bob Baffert on another son of Into Mischief in first time starter DOPPELGANGER, who likes quite a bit like these connections' Horse of the Year Authentic (Into Mischief). A $570,000 FTKSEL purchase, the bay is out of SW & MGSP Twice the Lady (Quiet American). TJCIS PPs

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