View From The Eighth Pole: Will Breeders’ Cup Officials Act To Protect Their Brand?

On June 2, Churchill Downs Inc. suspended trainer Bob Baffert from running horses at any of its racetracks, including its flagship facility in Louisville, Ky., for two years, meaning the sport's most recognizable face and name will not be eligible to add to his record number of Kentucky Derby victories until 2024, at the earliest.

The New York Racing Association is similarly taking steps to ban Baffert, scheduling a Sept. 27 hearing where the Hall of Fame trainer and his attorneys will have an opportunity to respond to the statement of charges against him.

The actions by these two major racing associations – each exercising their private property rights – were triggered by the failed drug test of Medina Spirit, who was found to have impermissible levels of betamethasone in his system after crossing the line first in the 147th running of the Kentucky Derby on May 1. The win was Baffert's seventh in the Derby, giving him one more – at least for now – than Ben Jones, whose runners won the roses six times from 1938-'52.

But there is a very good chance Medina Spirit will be disqualified from his victory and placed last whenever the Kentucky Horse Racing Commission gets around to conducting a hearing on the matter. If Medina Spirit has the Derby title taken away, you can bet this case will work its way through civil courts over the next several years.

A Kentucky Derby drug disqualification would be an embarrassment to the sport and to the brand that Churchill Downs Inc. cherishes so much – and profits from greatly. Medina Spirit's failed test came less than eight months after Gamine tested positive for the same corticosteroid after finishing third as the odds-on favorite in the Kentucky Oaks – the second most important race held annually at Churchill Downs. She was disqualified and Baffert was fined $1,500 for the medication violation.

Baffert blamed withdrawal guidelines for Gamine's failed drug test. In the case of Medina Spirit, he said something called “cancel culture” led to the suspension by Churchill Downs officials. Baffert took his bizarre blame game on a media tour for several days where he denied ever using betamethasone on a horse (except, presumably, for Gamine) and complained that “we live in a different world now. This, this America is different.”

And then, one week later, it was … oops, never mind. Baffert's team did treat Medina Spirit with betamethasone, he admitted in a written statement, but it was in an ointment called Otomax designed for ear infections in dogs the trainer said was used to treat a skin rash Medina Spirit developed a month before the Kentucky Derby. This was “good” betamethasone, he and his attorneys argued, not the injectable form of the drug that was given to Gamine.

And then, wisely, Baffert left the talking up to his attorneys.

The damage was already done. The trainer had become a sad punchline on late night TV and even on the ESPY award show on ESPN. The sport and its marquee event suffered collateral damage.

Churchill Downs tried to restore some sense of integrity with its temporary suspension of Baffert on May 9 and the more definitive two-year suspension handed him on June 2 after the split sample also came back positive for betamethasone.

“Reckless practices and substance violations that jeopardize the safety of our equine and human athletes or compromise the integrity of our sport are not acceptable and as a company we must take measures to demonstrate that they will not be tolerated,” Churchill Downs Inc. CEO Bill Carstanjen said about Baffert's pattern of medication violations.

But like everything else in racing, nothing is uniform and the Churchill Downs ban did not extend outside of the boundaries of its properties. Baffert ran Medina Spirit back in the Preakness Stakes on May 15, and he was welcome to return to his home base in Southern California and race at Santa Anita and Del Mar as if nothing had happened.

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Baffert's attorneys won the first round in a court battle against the New York Racing Association, reinstating his right to race at NYRA tracks at least until he is given a hearing. That comes in less than two weeks. A hearing officer will listen to the testimony, weigh the evidence and make a decision on the matter. But that, too, will only affect Baffert's right to race in New York.

NYRA's statement of charges against Baffert cites three additional positive drug tests the trainer accumulated over a 365-day period: lidocaine positives for Charlatan in a division of the Arkansas Derby and Gamine (yes, her again) in an Oaklawn Park allowance race, both on May 2, 2020; and a dextrorphan positive in Merneith after a second-place finish in an allowance race at Del Mar July 25, 2020.

Of course, Baffert had excuses for those three failed drug tests. Gamine and Charlatan tested positive, the trainer said, because his assistant trainer was wearing a pain patch on his lower back that contained lidocaine and it must have somehow contaminated the horses. Merneith tested positive, he said, because a groom who had been taking cough syrup urinated in the filly's stall.

Members of the Arkansas Racing Commission bought the pain patch pitch, overruling a stewards ruling to disqualify both Charlatan and Gamine from their Oaklawn victories. And the CHRB stewards put on their kid gloves before fining him $2,500 for Merneith's failed drug test.

After four failed drug tests in just over four months, Baffert pledged to “get better,” and said he was hiring Dr. Michael Hore of the Hagyard Equine Medical Institute in Kentucky to “add an additional layer of protection to ensure the well-being of horses in my care and rule compliance. … I am increasing the training and awareness of all my employees when it comes to proper protocols. … I am personally increasing my oversight and commitment to running a tight ship and being careful that protective measures are in place.

“I want to raise the bar and set the standard for equine safety and rule compliance going forward,” Baffert said.

That was last Nov. 4, Breeders' Cup week at Keeneland.

It all sounded fine, except Hore was never hired to monitor the Baffert operation. And apparently, neither his vet, his staff or Baffert himself read the Otomax packaging or label to see that one of the ointment's three ingredients was betamethasone.

Last week, Churchill Downs dropped another hammer on Baffert, saying that horses in the care of a trainer suspended by Churchill Downs (meaning Baffert) could not earn official qualifying points on the Road to the 2022 Kentucky Derby. That move is designed to put pressure on owners who currently have their horses with Baffert to move them to another trainer before the points races begin in earnest.

The fact that Baffert is ineligible to run horses in the 2022 or 2023 Kentucky Oaks or Derby does not seem to have phased some of his owners, including SF Bloodstock and Starlight Racing, which spent nearly $3 million on five yearlings before the first two sessions of the Keeneland September Yearling Sale had ended, reportedly with the intention of sending them to Baffert to train.

One group that has not been heard from is the Breeders' Cup, whose two-day world championships take place this year at Del Mar on Nov. 5-6. As of now, Baffert will be eligible to race, and it seems unlikely that will change, given the fact that his five failed drug tests do not constitute a violation of the Breeders' Cup Convicted Trainers Rule. That rule disqualifies a trainer from participating if he or she has been sanctioned in the previous 12 months for a Class 1 violation carrying Category A or B penalties or a Class 2 violation carrying a Category A penalty. Those classifications (with Class 1 considered the most serious) are determined by the Association of Racing Commissioners International. None of Baffert's violations are Class 1 or Class 2, including the pending case involving Medina Spirit.

The Breeders' Cup board presumably could opt to take action against Baffert by further refining the Convicted Trainers Rule. The board consists of 13 men and one woman – all but two of whom have a direct or indirect financial relationship with the trainer, starting with chairman Fred W. Hertrich III, who has had ownership interests in several Baffert runners, including the disqualified and then reinstated Arkansas Derby winner Charlatan. Eleven others either own horses in Baffert's stable or stand stallions that he once trained and several hope to catch his eye with their yearlings sold at public auction.

As fiduciaries working on behalf of the breeders and owners who help fund the program through foal, racehorse and stallion nominations and entry fees, the board must do what is right for the Breeders' Cup and the brand it has developed over the last 37 years as a championship event that attracts the best Thoroughbreds in the world. They have the same responsibility to protect that brand as the officials at publicly traded Churchill Downs Inc. who decided enough is enough.

That's my view from the eighth pole.

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Farish, Gustavson, Solis Elected To Breeders’ Cup Board Of Directors

The Breeders' Cup announced Wednesday the election results to its Board of Directors by the Breeders' Cup Members.

William S. Farish, Jr. (Lane's End Farm), Eric Gustavson (Spendthrift Farm), and Alex Solis II (Solis/Litt Bloodstock) were each elected to serve a four-year term. Mr. Farish and Mr. Solis were re-elected as Directors.

Gustavson, who joined Spendthrift in 2006, has overseen the farm's extensive growth rising from one homebred stallion to currently having the largest roster in North America. Gustavson also has led the team that brought such industry innovations as the “Share the Upside Program” and making racehorse ownership available to the masses through its investment in the micro-share start up “MyRacehorse.”

Gustavson succeeds Anthony Manganaro, who served on the Board for four years.

“Eric has a proven record as a leader and innovator in many facets of our industry,” said Fred Hertrich III, Breeders' Cup Chairman. “We look forward to Eric's conscientious and thought-provoking approach in supporting our initiatives, and enhancing our mission and vision of the Breeders' Cup as one of the most distinctive and respected brands in Thoroughbred racing.

“We also extend our sincere thanks for the contributions that Anthony Manganaro has given to our Board over the past several years. Anthony has been an important source of guidance and inspiration to the Breeders' Cup and to our sport.”

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No Fans At This Year’s Breeders’ Cup; Purse Increases Postponed Until 2021; Keeneland To Host Again In 2022

The Breeders' Cup, one of Thoroughbred horse racing's most prestigious international events, announced on Saturday Keeneland Race Course in Lexington, Ky. will be the host site for the 2022 Breeders' Cup World Championships. Keeneland, which is also scheduled to host this year's World Championships on November 6–7, will hold the 39th championship event on November 4–5, 2022, which will mark the venue's third time as host since it first welcomed the Breeders' Cup in 2015.

The announcement of Keeneland as host of the 2022 event was made in conjunction with the decision to conduct the 2020 Breeders' Cup World Championships without fans on-site due to the ongoing COVID-19 pandemic. This decision was made following close, continuous communications with Kentucky Gov. Andy Beshear, Keeneland, local and state government and public health officials and independent medical experts to fully assess the conditions under which major sporting events may expect to operate safely in the coming months.

Under the new operational parameters, on-site attendance will be limited to essential personnel and participants only. Those accessing the grounds will be subject to strict guidelines and protocols put in place as part of Breeders' Cup's comprehensive COVID-19 health and safety plan, details of which will be announced closer to the event.

In keeping with the Breeders' Cup's commitment to showcase the highest quality of competition the sport has to offer, the 2020 Breeders' Cup will be run for $31 million in purses and awards, the same amount as 2019. While many racing events have reduced purses due to COVID-19 implications, the Breeders' Cup is committed to maintaining its lucrative purse levels during these challenging times to support the industry and its horsemen. With purses of $6 million and $4 million, the weekend's Longines Classic and Longines Turf remain two of the richest horse races in the world. The $4 million purse increase announced earlier this year has been postponed to 2021.

“While we are disappointed that we will not be joined by our fans on-site this year, our utmost priority is and always will be to conduct the Breeders' Cup World Championships in the safest way possible,” said Fred Hertrich, Breeders' Cup Board Chairman. “We would like to thank Governor Beshear, state and local health officials and public health authorities for their leadership, guidance and insight as we have worked to identify our options and finalize our plans. Lexington's local community of racing fans, businesses and members of the Thoroughbred industry are the backbone of our sport, and we believe they deserve a second opportunity, in short order, to experience the event at its full potential. As such, we are proud to award Keeneland the 2022 World Championships and look forward to bringing the Breeders' Cup back to Lexington in just two years' time.”

“The decision to hold this year's Breeders' Cup World Championships without fans in attendance was not made lightly,” said Drew Fleming, President and CEO of Breeders' Cup. “However, after many months of careful deliberation, planning and consultation, it has become abundantly clear that this is the right decision in order to proceed with our event while still protecting the collective health of our community. Despite many major racing events reducing purses significantly, we are proud to be able to maintain 2019 purse levels to support our nominators and horsemen during this challenging year.”

“While the World Championships will look different this year, Keeneland and Breeders' Cup remain committed to making the event the best it can be,” said Bill Thomason, Keeneland President and CEO. “We are grateful to continue providing a platform for our athletes and horses to showcase their talent, and we are excited for the event to return in 2022, when fans can experience the full spectacle of Breeders' Cup in the Bluegrass as we originally intended.”

To enhance the viewing experience for the influx of horse racing fans who will be watching the races from home, Breeders' Cup is working with its official broadcast partner, NBC Sports, to develop and introduce innovative and enhanced production elements. The organization is also implementing advanced technologies across its own digital platforms and channels to further engage with fans at home.

All 2020 ticket holders will receive a full refund and will also be granted first access to purchase the same or similar tickets for the 2022 Breeders' Cup World Championships at Keeneland.

Before the Breeders' Cup World Championships takes place at Keeneland in 2022, Del Mar Racetrack, in Del Mar, Calif., will be the site of the 2021 Breeders' Cup World Championships.

The 37th running of the Breeders' Cup World Championships is scheduled to take place on Friday, November 6, and Saturday, November 7, 2020. The event will be broadcast live on NBC, NBCSN, NBCSports.com and the NBC Sports app. To learn more about the event, please visit BreedersCup.com/2020.

Breeders' Cup is also committed to alleviating the impacts of the health crisis on the horse racing community and other industry stakeholders in need. To learn more about Breeders' Cup's ongoing support of the community and to contribute to the organization's COVID-19 relief efforts, please visit BreedersCup.com/Donate.

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The Jockey Club Elects Bell, Hertrich, McIngvale, Scollay, Sikura As New Members

The Jockey Club today announced the election of five new members: Gatewood Bell, Fred W. Hertrich III, James McIngvale, Dr. Mary Scollay, and John Sikura.

Gatewood Bell is president of Cromwell Bloodstock Agency. As a bloodstock agent, he has selected horses such as Mastery and Undrafted. In addition to his work in bloodstock, Bell is a member of the Kentucky Horse Racing Commission and a United States representative for Goffs sales agency. He previously worked for Kiaran McLaughlin and Nicoma Bloodstock and served as a jockey's agent for Fernando Jara.

Fred W. Hertrich III is chairman of the Breeders' Cup and proprietor of Watercress Farm. Horses co-bred by Hertrich include Boys at Toscanova, Catholic Boy, Diversify, Rushing Fall, Shamardal, and Street Boss. Hertrich is also the president of the Hertrich Family of Automobile Dealerships.

James “Jim” McIngvale is a longtime Thoroughbred owner who is best known as the owner of Eclipse Award Champion Sprinter Runhappy. He has also campaigned grade 2 winners During and Wimbledon. McIngvale owns and operates Gallery Furniture in Houston, Texas, and is known for his philanthropy efforts for a variety of causes in the Houston area and around the world.

Dr. Mary Scollay is the executive director and chief operating officer of the Racing Medication and Testing Consortium. Previously, she was the equine medical director of the Kentucky Horse Racing Commission and the senior association veterinarian for Calder Race Course and Gulfstream Park. She has served as a member of the New York Task Force on Racehorse Health and Safety, a veterinary consultant for The Jockey Club Equine Injury Database, and a board member of the Racing Surfaces Testing Laboratory.

John G Sikura is the president and owner of Hill 'n' Dale / Xalapa, a 1,400-acre estate founded by Edward Simms in 1903. A perennial leading consignor and breeder, Hill 'n' Dale bred/co-bred Belmont winner Touch Gold and Preakness winner Cloud Computing and owned Broodmare of the Year Better Than Honour, dam of Belmont winner Rags to Riches. Hill 'n' Dale stands a notable roster of stallions, including champion and leading sire Curlin. A native of Toronto, Canada, Sikura has resided in Kentucky since his early 20s.

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