New York Times: Baffert Attorneys Drafting Lawsuit Against Churchill Over Derby Entry

According to a Jan. 10 report from the New York Times, embattled trainer Bob Baffert has legal counsel drafting a civil complaint seeking a preliminary injunction that would allow horses in his barn to run for roses in May.

As it stands, Churchill Downs announced last spring that Baffert-trained horses would not be permitted to earn qualifying points for the Kentucky Derby, and that they would not be permitted to run in the race in 2022 or 2023. The announcement followed a press conference held by Baffert in which he revealed that Medina Spirit, who had crossed the wire first, had tested positive for the corticosteroid betamethasone. Baffert subsequently appeared on a number of mainstream news outlets first claiming he did not know how the substance could have gotten into the colt's body, and later saying that it came from the administration of a topical cream. The Kentucky Horse Racing Commission stewards have yet to issue a ruling in the case, although Baffert's team completed additional testing of remaining biological samples from the horse some weeks ago.

Baffert is reportedly seeking millions in damages in addition to the preliminary injunction in the civil case, which has not yet been filed.

Bill Carstanjen, CEO of Churchill, called the prospect of a civil case “completely meritless,” pointing out that Baffert signed an agreement ahead of entering last year's race that he would follow the private company's rules regarding medication and participant conduct.

Churchill's publicity department later underlined the track's stance on the situation with the following tweet:

 

Read more at the New York Times

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Illinois Racing Board Nixes Arlington’s OTB Licenses But Approves TwinSpires ADW

You win some, you lose some.

That's how it went for Churchill Downs Inc. (CDI) and its dormant track, Arlington Park, during Thursday's regularly scheduled meeting of the Illinois Racing Board when the 10 commissioners deadlocked on a motion to permit Arlington to continue to operate off-track betting faclities, effectively killing the measure. CDI won a second vote by a 9-1 margin permitting TwinSpires, the company's advance deposit wagering platform, to maintain its license and operate in the state in 2022.

The meeting was contentious at times, with Arlington's Tony Petrillo and Hawthorne's Tim Carey shouting over each other during discussions about ADW revenue.

Commissioner Alan Henry, a fierce critic of CDI over its decision to not race at Arlington in 2022 and sell the track property to the NFL's Chicago Bears to build a football stadium, referred to the closing as a “flagrant obscenity,” saying that, “It's now time for this board and this state to move on from Churchill Downs.”

This came after Chris Block, newly elected president of the Illinois Thoroughbred Horsemen's Association, said the move to close Arlington has put the state's Thoroughbred industry “on the brink of collapse.”

But the board apparently has a number of CDI loyalists who felt it was in the best interest of racing to permit Arlington Park to maintain its OTB network despite not operating a live race meetingin 2022  – in what the Illinois Thoroughbred Horsemen's Association said was contrary to law.

Petrillo told the IRB that CDI remained committed to live racing in Illinois, saying the company was continuing to search for a property to build a new track to replace Arlington. When pressed by the board, he couldn't offer any specifics. Two senior CDI officials, Bill Mudd and Brad Blackwell, joined the call, but they offered no specifics, either, saying they hoped to find a place to build a track and then get a casino license.

To several commissioners, that made no sense, inasmuch as CDI turned down an opportunity to add casino gambling to Arlington after enabling legislation was passed in 2019. Horsemen and CDI worked hand in hand for many years to get the legislation approved.

When it came time to vote on Arlington's OTBs, five commissioners were in favor and five against; thus, the motion did not pass. The yes votes came from Leslie Breuer, Marcus Davis, Lydia Gray, Charles MacKelvie and Leslye Sandberg. Voting against the Arlington OTB licenses were board chairman Daniel Beiser, Beth Doria, Alan Henry, Benjamin Reyes and John Stephan.

Hawthorne is expected to pick up the slack from the Arlington OTBs that will not reopen, although under current law it is one OTB short of the maximum it can operate. Hawthorne is expected to seek legislative help that will permit them to expand their network.

For an advance deposit wagering company to be licensed in Illinois, it must have a contract with a state racetrack and the consent of the representative horsemen's group.

TwinSpires had previously reached an agreement with Fanduel Sportsbook and Horse Racing, the downstate track formerly known as Fairmount Park. The Illinois Horsemen's Benevolent and Protective Association that represents horsemen at Fanduel/Fairmount withheld consent until just before Thursday's meeting. The board could have approved the license without consent, if the commissioners felt the horsemen were being unreasonable, but the agreement made that a moot point after the Illinois HBPA gave their consent.

However, there was one last chance for the IRB to block TwinSpires' operations in Illinois by denying the company an ADW license. After much debate, that license was approved by a 9-1 vote. Henry was the lone dissenter.

As commissioner Henry explained, the approval will hurt horsemen at Hawthorne because the bulk of purse revenue will remain at Fanduel/Fairmount although 75% of the ADW customers live in the Chicago area.

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Report: CDI Exploring Sale Of TwinSpires

Churchill Downs Inc. is exploring the sale of its advanced deposit wagering platform Twinspires, according to a report in Bloomberg.

Worth approximately $1.5 billion, Twinspires is the official wagering partner of the Kentucky Derby.

Anonymous sources told Bloomberg CDI has reached out to an adviser to solicit potential interest, but stressed that no final decision about its sale has been made.

CDI's share price rose to a high of $236.26 Thursday after the report was released.

Read more at Bloomberg.

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Three CDI-Brokered Simo Signals Return to Nevada

An impasse whose origin dates back more than two years that has prevented Nevada race books from taking betting on three simulcasting signals controlled by Churchill Downs, Inc. (CDI), was reportedly resolved on Wednesday, although it remains unclear which side budged or what changed in the negotiations.

Mike Brunker of the Las Vegas Review-Journal broke the story Dec. 1.

Three signed contracts for the Fair Grounds, Turfway Park and Oaklawn Park that were suddenly offered by CDI were inked into agreement on Wednesday by the Nevada Pari-Mutuel Association, which represents the state's race books. The documents then got forwarded to the state Gaming Control Board for approval, an expected formality.

“The dispute, which arose when Churchill Downs sought to charge more for its simulcast signal, has prevented fans in Nevada from wagering on races from the home of the [GI] Kentucky Derby since Oct. 27, 2019,” Brunker reported.

Brunker also wrote that the other tracks' signals had been withheld as part of an escalation of that initial dispute over the Churchill signal. CDI owns both the Fair Grounds and Turfway, while Oaklawn contracts with CDI for its signal distribution.

“The contracts received Wednesday do not resolve the underlying dispute over the Churchill Downs signal,” Brunker wrote. “But Patty Jones, executive director of the pari-mutuel association, described the development as 'positive movement' toward a long-term simulcasting agreement with the company.”

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