Letter To The Editor: NYRA Stands Firm As Its ‘Right Of Exclusion’ Is Tested

I have been heralding a racetrack's right of exclusion throughout my career. This court tested policy enables track management the right to deny an individual the privilege to race if the individual's participation is deemed to be a detriment to the best business interest of the facility.

The implementation of this policy is critical to horse racing's ability to regain the public trust that has been waning for decades. Our regulators charged with maintaining the integrity of racing have failed and, in many instances, outright refused to implement rules, seriously damaging the public perception of our sport.

Kudos to the New York Racing Association (NYRA) as they have implemented their right of exclusion barring Bob Baffert from participating at any of their facilities.  This could be the watershed moment that can turn the tide in racing's demise.

In 2018 Justify the Triple Crown winner tested positive in the Santa Anita Derby for scopolamine, a banned human medication.  Long after the unprecedented surreptitious investigation the drug violation was declared an environmental poisoning, a determination applied to medication irregularities for this trainer in the past.

The scandal did not come to light for over a year until a New York Times investigation unearthed the failure of the California Horse Racing Board (CHRB) to follow equine drug positive investigative protocols.  In recent weeks, the Washington Post via documents acquired through a freedom of information request have detailed the scope of corrupt CHRB actions enabling an ineligible horse to enter and win the Kentucky Derby.

Medina Spirit's betamethasone positive in this year's Kentucky Derby is the second incident involving illicit medication issues in the Kentucky Derby since 2018, both under the care and supervision of the same trainer.

These incidents exponentially support the need for racetrack's right of exclusion policy and more importantly the Horseracing Integrity & Safety Authority.

The Medina Spirit incident appears to be the straw that broke the horse's back.  Taking into consideration recent medication irregularities, NYRA and Churchill Downs exerted their right of exclusion barring Bob Baffert from racing at their facilities.

Mr. Baffert has decided on legal action to test the court approved right of exclusion policy citing the 14th Amendment due process rights, also noting the irreparable damage to his reputation.

Courageously, NYRA is steadfast in their commitment to exclude Mr. Baffert, notifying the court of a motion to dismiss his lawsuit and also noting that the irreparable damage to his reputation was self-inflicted.

We need the horse racing gods to set the court on the right path supporting the right of exclusion.

–Arthur Gray is a longtime horseman, steward and integrity consultant from West Seneca, N.Y.

If you would like to submit a letter to the editor, please write to info at paulickreport.com and include contact information where you may be reached if editorial staff have any questions.

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Five Owners On The Verge Of Leaving Bob Baffert Over NYRA Ban, Legal Filing Reveals

According to the Thoroughbred Daily News, Judge Carol Bagley Amon ordered attorneys for Hall of Fame trainer Bob Baffert to divulge specific names relating to his claim in a July 7 affidavit stating: “I have recently had conversations with other owners who have stated that they may move their horses to other trainers if the New York suspension continues.”

A one-page letter filed on Friday revealed five names: “Gavin Murphy of SF Bloodstock; Jack Wolf of Starlight Racing; Peter Fluor of Speedway Stable; Sol Kumin of Madaket Stables; and George Bolton.”

Judge Amon issued the order to reveal names of owners considering leaving Baffert's stable in response to the New York Racing Association's motion to strike the trainer's affidavit from the record.

Baffert filed suit against NYRA on June 14, nearly a month after the racing association notified the Hall of Fame trainer that he was temporarily banned from racing or stabling at NYRA tracks while the Kentucky Horse Racing Commission conducts its investigation into the post-race drug positive for Baffert-trained Medina Spirit, who crossed the finish line first in the May 1 Kentucky Derby. Baffert is seeking a temporary and permanent injunction against the ban.

As defendant in the case, NYRA filed a memorandum of law on June 30 in opposition to Baffert's motion for preliminary injunction. The Jockey Club filed a brief on that same date as amicus curiae, or friend of the court, claiming that its role as keeper of the Stud Book gives it a “unique interest in ensuring that when Thoroughbreds enter the breeding shed (where they determine the future of the breed through progeny), they do so with records uninfluenced by the effects of medication.”

On July 7, attorneys for Baffert filed their own memorandum of law, which consisted of 434 pages and included an affidavit from the trainer. In the memo, Baffert's attorneys allege that NYRA has “vindictively” targeted the trainer utilizing “hypocrisy” and “backdoor” tactics. The filing also zeroes in on two legal arguments: that the ban violates the trainer's right to due process, and that NYRA has no authority to issue a ban.

That same filing also details the exodus of horses owned by WinStar Farm from Baffert's stable as an example of the type of harm that the ban will cause to the trainer's livelihood.

Read more at the Thoroughbred Daily News.

Additional stories about Baffert's Kentucky Derby positive and ensuing legal battles, listed in order from most recent to the original story:

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Baffert Reveals Names of Owners Allegedly on Verge of Leaving Him

In response to an order from a federal judge for trainer Bob Baffert to reveal specifically which of his existing clients have told him they may pull horses from his care if his banishment by the New York Racing Association (NYRA) is allowed to continue, Baffert's legal team on Friday provided the court with a list of five Thoroughbred owners who are allegedly considering splitting with the Hall of Fame conditioner.

According to a one-page letter filed electronically by attorney W. Craig Robertson just minutes before the judge's mandated noon (Eastern) deadline July 9, those on-the-verge owners are “Gavin Murphy of SF Bloodstock; Jack Wolf of Starlight Racing; Peter Fluor of Speedway Stable; Sol Kumin of Madaket Stables; and George Bolton.”

That disclosure comes on the heels of Baffert's publicly documented breakup with WinStar Farm, which has already pulled such elite-level Thoroughbreds as 'TDN Rising Star' Life Is Good (Into Mischief) and Country Grammer (Tonalist) from his California-based stable.

In a July 7 affidavit, Baffert stated that WinStar's reassigning of those horses was a “harm” that has “already occurred as a result of NYRA's ban,” and that “WinStar's move has and will continue to have the added effect of possibly encouraging other notable owners to do the same.”

Baffert's inability to pursue his chosen livelihood at New York's major Thoroughbred tracks is likely to be a key deciding factor in his lawsuit against NYRA in United States District Court (Eastern District of New York).

In a civil complaint filed by Baffert June 14, the seven-time

GI Kentucky Derby-winning trainer is alleging that NYRA's banishment of him since May 17 violates his Fourteenth Amendment constitutional right to due process, and Baffert wants the court to overturn that ban.

NYRA's exclusion of Baffert from Saratoga Race Course, Belmont Park and Aqueduct Racetrack was mandated the association in the wake of five positive drug tests in horses Baffert has trained over the last 12 months.

Three of those violations occurred in Grade I stakes. The most recent drug positive, for betamethasone in Medina Spirit (Protonico) after that Baffert trainee won the May 1 Kentucky Derby, has yet to be adjudicated by the Kentucky Horse Racing Commission. Churchill Downs Inc., however, has already barred Baffert from participating at any of the gaming corporation's five Thoroughbred tracks for a period of two years.

Judge Carol Bagley Amon's mandate for Baffert to assign specific names to his written claim that “I have recently had conversations with other owners who have stated that they may move their horses to other trainers if the New York suspension continues,” arose out of a back-and-forth verbal dispute between parties in a July 8 court conference call.

On Thursday, counsel for NYRA had argued that the plaintiff's 434-page “memorandum in further support of a preliminary injunction,” which was filed with the court only five days prior to a July 12 hearing for the case, violated established legal procedure because it included new information that the NYRA did not have time to investigate.

NYRA had already filed its own memo in opposition to overturning its ban on June 30, and on Thursday wanted the plaintiff's entire July 7 reply filing (or at least Baffert's affidavit included within) to be stricken or disregarded.

The judge denied NYRA's oral motion to strike Baffert's reply affidavit, but Amon did order Baffert to divulge the identities of the clients who were allegedly ready to break with him because their horses were being denied access to New York's premier tracks.

Amon had also recommended on Thursday that Baffert be in her New York courtroom for Monday's 11 a.m. hearing in case he is needed to testify under oath.

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This Side Up: Grass Looking Greener on the Other Side

I don't know which is the greater compliment, the one extended across the continent or the one across the ocean. Putting them together, however, the hosts of the GI Belmont Derby Invitational can feel confident they must be doing something right.

This race has now obtained such stature that the most exciting turf sophomore in the land has had to join the recent defections from the Bob Baffert barn in order to take part–even though Du Jour (Temple City) represents a partnership comprising Debbie Lanni and Baffert's own wife, Jill. With Baffert suspended by NYRA, the significance of this colt's transfer to Bill Mott won't be lost on anyone locally. Very few, however, will be aware of quite how seriously the maturing East Coast turf program is being taken by the most powerful stable in Europe.

It is barely a month since 'TDN Rising Stars' Bolshoi Ballet (Ire) (Galileo {Ire}) and Santa Barbara (Ire) (Camelot {GB}) arrived at Epsom as reputedly the premier 3-year-olds of their sex at Ballydoyle. In the event, both proved disappointing and others in the yard have meanwhile advanced through the ranks. Nonetheless both retain a credibility that will focus much European attention on their performances on Saturday–just as NYRA hoped, when inaugurating the Belmont Derby and Oaks in 2014, and the Turf Triple a couple of years ago.

The kudos vested in any colt that starts at such short odds for the Derby can certainly survive a single performance (not least over such an idiosyncratic track) that transparently fell short of his rehearsals. Indeed, it is often better to run unequivocally below form than to settle for the kind of supporting role that might expose a horse's limitations. But the stakes for Bolshoi Ballet are clearly high.

Santa Barbara, for her part, began her campaign under an awful burden of expectation for a filly that had contested a single maiden. In the meantime her remarkable dam had produced a second consecutive Breeders' Cup winner, and Santa Barbara was clearly reckoned to be cut from similar cloth to Order Of Australia (Ire) (Australia {GB}) and Iridessa (Ire) (Ruler Of The World {Ire}). Making her favorite for Classics on only her second and third starts proved too extravagant, though she was beaten only a neck by a much more seasoned rival in another Group 1 since Epsom. Shipping here, with just 10 days between races, suggests that Santa Barbara is now really being put through the boot camp after her leisured adolescence.

To hope for two such important reputations to be renewed here is a tribute to the way these races have bedded down since their launch, shortly after the arrival of Martin Panza at NYRA.

Heritage is the lifeblood of our sport, and around the world we've all seen it discarded by marketing folk without cultural antennae, clumsily conflating tradition with stagnation. And not every innovation in New York's historic race program is going to work this well. Plenty of people, for instance, grieve the absorption of the GI Hill 'n' Dale Metropolitan H. into a mega-card capped by the GI Belmont S.; while donating the GI Jockey Club Gold Cup to Saratoga feels like Robin Hood robbing the poor and giving to the rich. But this regeneration of the turf program was an exceptionally far-sighted response to a growing need.

Everyone in our business talks a good game about turf racing. Racetracks are doing their bit, not just at the apex but through the pyramid. But the American bloodstock industry is not responding where it counts, at ringside. The commercial market's terror of turf stallions is a massive problem. Even proven ones are undervalued and newer ones, however eligible, tend to be dismissed with contempt. As a result, we have a roaring trade in European imports–and nowadays not just proven runners but also yearlings–to farm inflating U.S. purses.

I'm always complaining about the obtuseness of European breeders about dirt blood, but it's a two-way street and cynical, fast-buck trading across the freshman sire window is no way to build a sustainable breed. Let's not forget that turf tends to be a less punishing surface; nor that the welfare of each individual racehorse is increasingly entwined with the viability of our whole sport.

That was the key message drawn this week by colleague Dan Ross in an outstanding two-part interview with the reliably uninhibited Dr. Rick Arthur, who has just retired as California's equine medical director (Click here for Part 1, here for Part 2). It seems to me that too many horsemen employ vets as a pharmaceutical bag-of-tricks, in effect as a means of pushing the margins of regulation. Vets should enter the barn for one reason, and one reason only: to protect the horses housed there.

Baffert, inevitably, featured in several questions and Dr. Arthur indicated a fairly candid distaste for his aggressive works, not least when emulated by others with lesser stock. The world certainly looks a different place since Baffert saddled not only Medina Spirit in the Derby but also Du Jour on the undercard.

Several powerful owners have meanwhile removed horses from his care, but we should not put words in their mouths and Baffert's prohibition from NYRA tracks is doubtless a pragmatic consideration for some, regardless of any other disquiet they may have. To see Du Jour join the exodus to fulfil his potential reminds us that this whole drama is not just playing out in headlines and courtrooms. Human lives are being lived by human beings, out of that limelight but never out of that shadow. At some point, over a coffee or a glass of wine, a husband and a wife and a friend have addressed a dilemma on the margins of the professional and the personal. Du Jour's granddam, remember, is a half-sister to Ghostzapper and City Zip: there's a place at stud in play here.

But then it only looks essential for Du Jour to run at Belmont because NYRA recognized that their turf program needed an overhaul. Doing that has, in turn, incentivized the breeding industry to behave in a fashion that will better serve the welfare of the Thoroughbred. That's the ultimate imperative, after all. And, guess what, it's the same one that requires those who push the boundaries to be policed and punished.

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