‘Really Strong’ Art Collector Tops Derby Workers Friday Morning At Churchill Downs

Bruce Lunsford's Art Collector, who looms as one of the favorites for next Saturday's 146th running of the $3 million Kentucky Derby Presented by Woodford Reserve (GI), worked five furlongs in 1:00.80 Friday morning over a fast track to headline a Churchill Downs worktab that featured five Kentucky Derby hopefuls and four Kentucky Oaks prospects.

Also working toward the Derby were Winning Impression (5 furlongs in :59.20), Major Fed (5 furlongs in :59), Necker Island (4 furlongs in :48.40) and Rushie (5 furlongs in 1:01.60).

Working toward the Oaks were Speech (4 furlongs in :47.60), Shedaresthedevil (5 furlongs in 1:01.40), Bonny South (4 furlongs in :48.20) and Tempers Rising (4 furlongs in :47).

There were also Derby hopefuls working at Saratoga and Palm Meadows Friday morning.

At Saratoga, Ny Traffic covered five furlongs in :59.45; Dr Post (4 furlongs in :49.60) and Money Moves (5 furlongs in 1:00.14). At Palm Meadows, Sole Volante worked five furlongs on firm turf in :57.80.

Also at Saratoga Global Thoroughbred and Top Racing's $1 million Travers Stakes (GI) runner-up Caracaro was removed from Kentucky Derby contention with a soft tissue injury, according to trainer Gustavo Delgado.

On the Oaks front, four other fillies worked from coast to coast.

Donna Veloce worked five furlongs in 1:00.80 at Del Mar; Dream Marie worked five furlongs in 1:00.80 at Gulfstream Park West; Hopeful Growth worked five furlongs in 1:01.80 at Monmouth; and, Project Whiskey worked a half-mile in :47.82 at Parx.

ART COLLECTOR – Bruce Lunsford's Art Collector put in his final work prior to next Saturday's Kentucky Derby with a five-furlong move in 1:00.80 with jockey Brian Hernandez Jr. in the saddle.

“He really loves this track here at Churchill,” trainer Tommy Drury said. “He galloped pretty strong yesterday on his first day back at Churchill and turned in a really strong work today. The difficult part is out of the way and now we just need to keep him happy and healthy until Saturday.”

Owned by Louisville native Lunsford, Art Collector brings many local ties together for the first Saturday in September.

“It's really an honor being local to Kentucky, training for a local owner and running in the biggest horse race in the world,” Drury said.

ATTACHMENT RATE – Jim Bakke and Gerald Isbister's $200,000 Ellis Park Derby runner-up Attachment Rate galloped 1 ½ miles under exercise rider Faustino Herrarte at 7:30 a.m. Friday.

Attachment Rate is scheduled to work on Sunday. Trainer Dale Romans is due back in Louisville Saturday from Saratoga.

AUTHENTIC – Spendthrift Farm LLC, MyRaceHorse Stable, Madaket Stables LLC and Starlight Racing's $1 million Haskell (GI) winner Authentic is scheduled to arrive Monday at Churchill Downs.

CARACARO – Global Thoroughbred and Top Racing's $1 million Travers Stakes (GI) runner-up Caracaro has been removed from Kentucky Derby contention with a soft tissue injury, according to trainer Gustavo Delgado.

DR POST – St. Elias Stable's Haskell third-place finisher Dr Post worked a half-mile in :49.60 Friday at Saratoga. His plans for the Derby remain in question.

ENFORCEABLE – John Oxley's Enforceable galloped a mile and a half under exercise rider Paolo Perez at 5:40 Friday morning at Churchill Downs.

The Mark Casse trainee is scheduled to work at 5:15 Saturday morning, weather permitting, with Derby rider Adam Beschizza scheduled to be aboard.

FINNICK THE FIERCE – Trainer and co-owner Rey Hernandez said Finnick the Fierce returned to the track Friday at The Thoroughbred Center in Lexington. He will ship to Churchill Downs on Monday.

FIRST LINE – Noda Brothers' Saratoga maiden special weight winner First Line no longer remains under consideration for the Derby according to vice president of racing Ben Huffman.

HONOR A. P. – C R K Stable's $100,000 Shared Belief runner-up Honor A. P. is scheduled to work Saturday at 12:45 p.m. PDT at Del Mar and slated to arrive at Churchill Downs Monday.

KING GUILLERMO – Victoria's Ranch's King Guillermo galloped 1 ½ miles Friday at 7:30 a.m. with exercise rider Edgar Medina in the saddle. He is scheduled to breeze Saturday or Sunday at 7:30 a.m. pending inclement weather.

Owner Victor Martinez is due in Louisville Saturday.

MAJOR FED – Lloyd Madison Farm's $300,000 Indiana Derby (GIII) runner-up Major Fed cruised five furlongs in :59 at 5:15 a.m. with jockey James Graham in the saddle.

Trained by Greg Foley, Major Fed began his work at the half-mile pole and clipped through early fractions of :12.20, :23.80 and :47. He continued around the turn and completed a six-furlong gallop out in 1:12.

“I wanted to put a good work in him this morning and focus on making sure he finished through the wire,” Foley said. “He was moving pretty good around there. James tapped him on the shoulder once and he lowered his body to continue galloping out well. The big relief was how easy he seemed to do it because back at the barn he really wasn't tired.

“We're sort of taking in this entire Derby experience. Being from Kentucky and Churchill being our home track, this is the race every owner, trainer and jockey dreams of winning. This is why we put in the hard work. I always thought about making that walkover for the Derby and it's sure going to be special for me, our family, our owners and everyone in our barn.”

Major Fed will have a walk day Saturday and could return to the track for a light jog Sunday.

MAX PLAYER – George Hall and SportBLX Thoroughbred's $1 million Travers Stakes (GI) third-place finisher Max Player galloped 1 ½ miles at 6 a.m. with exercise rider Juan Vargas in the saddle.

Jockey Ricardo Santana Jr. will have the call in the Derby.

MONEY MOVES – Robert LaPenta and Bortolazzo Stable's two-time winner Money Moves still remains under Derby consideration according to assistant racing secretary and stakes coordinator Dan Bork.

Money Moves worked five furlongs in 1:00.20 Friday at Saratoga for trainer Todd Pletcher. He is nominated to the $500,000 Pat Day Mile presented by LG&E and KU (GII).

NECKER ISLAND – Raymond Daniels and Wayne Scherr's Necker Island worked a half-mile in company in :48.40 under jockey Miguel Mena during the 7:30 training window for Kentucky Derby and Oaks horses.

Working with Kurilov, Necker Island posted fractions of :12.60, :25 and :36.60 before galloping out strong to the half-mile pole.

“I thought it was a great work and it was the first time Miguel had been on him,” trainer Chris Hartman said. “He finished well and other than the little hiccup at the start with the '25' it was exactly what I wanted to see.”

It was the first work for Necker Island since finishing third behind Art Collector in the Ellis Park Derby.

Hartman said Necker Island would walk the shedrow the next two days and then return to the track Monday with a likely visit to the starting gate.

“I may stand him at the gate every day,” said Hartman, who claimed Necker Island for $100,000 in June. “We'll play it by ear and see how he participates. That's one of the things about training horses, learning to work with them.”

NY TRAFFIC – John Fanelli, Cash is King and Paul Braverman's Ny Traffic worked five furlongs in :59.45 at Saratoga under David Cohen for trainer Saffie Joseph Jr.

“He went in company and sat a few lengths off his target,” Joseph said via text. “He went on by readily and worked well.”

Ny Traffic is scheduled to ship to Churchill Downs on Monday.

RUSHIE – Jim and Donna Daniell's Rushie worked five furlongs in 1:01.60 under exercise rider Osman Cedeno for trainer Michael McCarthy.

Working on his own at 9 o'clock, Rushie produced fractions of :12.80 and :24.80 in the work that was the 26th fastest of 36 at the distance.

“He worked (five furlongs) in :59 last week at Del Mar and today looked like a good leg stretcher with a solid gallop out,” McCarthy said. “He got over the track well and was well within himself.”

Rushie, who would have to be supplemented to the Derby, also is under consideration for the $500,000 Pat Day Mile Presented by LG&E and KU on Derby Day.

“I'm not sure (about which race),” McCarthy said. “The money doesn't have to be in until Tuesday morning so we will watch things the next 24 to 48 hours and get the Daniells and go from there.

“This is the kind of year to take a shot. You have two very good horses in Tiz the Law and Art Collector and then there is Authentic and Honor A. P. and then everybody else is in the same boat. I think he will get a good setup in both races … there is a lot to think about.”

SHIRL'S SPEIGHT – Charles Fipke's $100,000 Marine Stakes winner Shirl's Speight is scheduled to work at Woodbine Sunday and ship to Churchill Downs Monday, according to trainer Roger Attfield

SOLE VOLANTE – Reeves Thoroughbred Racing and Andie Biancone's Soul Volante worked a half-mile on firm turf in :57.80 Friday morning at Palm Meadows.

“He breezed really well and cooled out perfect,” trainer Patrick Biancone said via text. “He will ship to Churchill Downs tomorrow.”

STORM THE COURT – David A Bernsen LLC, Exline-Border Racing LLC, Dan Hudock and Susanna Wilson's 2-year-old champion Storm the Court is slated to arrive at Churchill Downs Sunday on a flight from San Diego to Louisville. He is scheduled to work Saturday at Del Mar.

Julien Leparoux has the call in the Derby.

THOUSAND WORDS – Albaugh Family Stables and Spendthrift Farm's Shared Belief Stakes hero Thousand Words is scheduled to arrive Monday with stablemate Authentic to trainer Bob Baffert's Barn 33 at Churchill Downs.

Florent Geroux has the call in the Derby.

TIZ THE LAW – Sackatoga Stable's Kentucky Derby favorite Tiz the Law is scheduled to breeze Saturday or Sunday at Saratoga before his Monday arrival at Churchill Downs.

WINNING IMPRESSION – West Point Thoroughbreds' and Pearl Racing's graded stakes placed Winning Impression worked five furlongs in :59.20 Friday morning at 6 o'clock under exercise rider Emerson Chavez.

“I thought he really cruised around there well,” trainer Dallas Stewart said. “We're ready to go. You got to be in it to win it.”

Winning Impression rocketed through early fractions of :11.80, :23.40, :34.60 and 47 and completed a six-furlong gallop out in 1:12.60. Joe Rocco Jr. has the call in the Derby.

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Federal Court Affirms Dismissal of Derby Lawsuit; Wests Won’t Pursue Further Action

A three-judge panel of a federal appeals court Friday upheld a district court’s decision from last November to dismiss a lawsuit by Gary and Mary West, the owners of Maximum Security (New Year’s Day), which sought to overturn the colt’s controversial disqualification from first place in the 2019 GI Kentucky Derby.

“What should have been the fastest two minutes in sports turned into over a year of litigation,” wrote Judge John K. Bush in the opinion accompanying the judgment of the United States Court of Appeals for the Sixth Circuit. “Neither Kentucky law nor the Fourteenth Amendment allows for judicial second-guessing of the stewards’ call.

“The district court dismissed the suit for failure to state a claim,” the opinion stated. “It determined that the stewards’ decision was not reviewable under Kentucky law, that the Wests had no property interest in the prize winnings, and that the challenged regulation is not unconstitutionally vague…. We agree and affirm the judgment of the district court.”

Gary West told TDN via email he won’t be pursuing further legal action.

“This is the only comment I will ever have,” West wrote. “I obviously disagree with the courts’ findings, but it is time to move on and the decision will not be appealed.”

The Kentucky Horse Racing Commission (KHRC), whose board members and executive director were the defendants in the lawsuit along with the three Churchill Downs stewards, issued a statement that said the organization was “pleased with the decision.”

KHRC executive director Marc Guilfoil said in the statement that the stewards’ decision to disqualify Maximum Security was “an easy call to make, but a tough day to make it on.”

In the 2019 Derby, Maximum Security led almost every step and crossed the wire first.

But there was bumping and shifting in close quarters as he led the pack off the final turn. Two jockeys filed post-race objections, but there was no posted stewards’ inquiry.

The three stewards who officiated the Derby–chief state steward Barbara Borden, state steward Brooks “Butch” Becraft, and Churchill Downs steward Tyler Picklesimer–launched a post-Derby adjudication process that played out on national TV.

After 22 agonizing minutes, Maximum Security was judged to have fouled Long Range Toddy (Take Charge Indy), and thus placed behind that rival in 17th place. Country House (Lookin At Lucky), who crossed the wire second, was elevated to first place via the DQ process.

Ten days later, the Wests sued based on allegations that “the final [revised Derby] order is not supported by substantial evidence on the whole record” and that the disqualification violated the plaintiffs’ Fourteenth Amendment rights.

The defendants’ motion to dismiss the suit was granted by a U.S. District Court judge Nov. 15, 2019. The Wests appealed, and the case was argued June 16, 2020.

The Wests put forth four arguments on appeal. First, they argued that the stewards’ decision to disqualify Maximum Security was a ‘final order of an agency’ that is subject to judicial review under Kentucky law.

Second, they argued that the stewards’ decision was not supported by substantial evidence, was arbitrary and capricious, or was otherwise deficient as a matter of law.

Third, they argued that the stewards violated the Wests’ right to procedural due process.

And finally, the Wests argued that the regulation that gives stewards the authority to disqualify a horse is void for vagueness.

“Perhaps only a racehorse itself could tell us whether it was fouled during a race,” the opinion stated. “But horses can’t speak, so the Commonwealth of Kentucky, similar to many other racing jurisdictions, has designated racing experts–the stewards, not the appointed members of the Commission or judges–to determine when a foul occurs in a horse race. It is not our place to second-guess that decision. We therefore hold that a stewards’ decision to disqualify a horse under [state regulations] is not a ‘final order’ of an agency’ under [state law] and therefore, is not subject to judicial review.”

The court next addressed the Wests’ argument that the stewards deprived them of constitutionally protected liberty and property interests. To plead a due process claim, the opinion stated, the Wests must allege “a life, liberty, or property interest requiring protection under the Due Process Clause” and a “deprivation of that interest” without adequate process.

“The Wests contend that they have a protected property interest in the winner’s share of the Derby purse, and a liberty interest in an agency following its own regulations,” the opinion stated. “Right out of the gate, the Wests fall behind. Kentucky law provides that ‘the conduct of horse racing, or the participation in any way in horse racing…is a privilege and not a personal right; and that this privilege may be granted or denied by the racing commission or its duly approved representatives acting in its behalf.'”

The opinion also noted that “a party cannot possess a property interest in the receipt of a benefit when the state’s decision to award or withhold the benefit is wholly discretionary.”

Bush wrote that the regulations “are clear that the stewards have unbridled discretion” in determining whether a racing foul occurred, and whether to disqualify a horse because of it.

“The Wests argued that [a Kentucky racing regulation] which governs the procedure after a race has been declared ‘official,’ grants them the right to the benefits of the Kentucky Derby,” the opinion stated. “Not so. That provision has no bearing here because Maximum Security was disqualified before the race results were official. Even if that regulation were to apply here, it does not grant any person the right to the benefits of winning a horse race. Rather, it dictates the procedures that the stewards must follow while they review objections and determine the propriety of any sanctions against a horse and jockey.”

The opinion continued: “Heading down the final stretch, the Wests argue that because Maximum Security was the first horse in the 145-year history of the Kentucky Derby to ever be disqualified for a foul committed during the race, the custom and practice was to declare the horse that crossed the finish line first the winner.

“[But] even though Maximum Security’s disqualification was unprecedented, the fact remains that the stewards have always had the discretion to call fouls in horse races; this just happens to be the first time that they exercised this discretion in the Kentucky Derby.

“As a condition of maintaining a Thoroughbred racing license in Kentucky, the Wests agreed to…’abide by all rulings and decisions of the stewards and the commission.’ The only mutually explicit understanding between the Wests and the Commission was that the Wests agreed to abide by the regulations, and those regulations do not give the Wests a property interest in the purse or the trophy.”

The Wests, the opinion stated, “cannot identify a property interest in the Derby winnings because Maximum Security did not win the race and they were never entitled to the winnings. The Wests have not pointed to a ‘state statute, formal contract, or contract implied from the circumstances that supports [their] claim to a protected property interest.'”

The opinion stated that the Wests’ argument that their liberty interest was violated largely mirrored their property argument. “Because the Wests do not have a liberty or property interest, their void-for-vagueness challenge fails as a matter of law.”

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‘This Is The Time’: Sole Volante Sharp In Five-Furlong Turf Breeze Ahead Of Kentucky Derby

Reeves Thoroughbred Racing and Andie Biancone's Sole Volante turned in a sharp five-furlong workout on turf Friday morning at Palm Meadows Training Facility in preparation for a scheduled start in the Sept. 5 Kentucky Derby (G1).

The Patrick Biancone-trained son of Karakontie, who was ridden by jockey Luca Panici, was timed in 57.80 seconds, the fastest of four recorded at the distance on turf at Gulfstream Park's satellite training facility in Palm Beach County.

“He worked really well. We did a shorter work today to get a little speed into him,” said the trainer's daughter and assistant Andie Biancone. “He worked very well and came back great.”

Sole Volante is scheduled to ship to Churchill Downs Saturday at 6 p.m.

Sole Volante captured the Pulpit Stakes, in which he defeated Tampa Bay Derby (G2) winner King Guillermo on turf, and finished third in the Mucho Macho Man during Gulfstream's Championship Meet. He went on to win the Sam F. Davis (G3) at Tampa Bay Downs and finish second behind King Guillermo in the Tampa Bay Derby. He won a stakes-quality handicap at Gulfstream June 10 before sustaining his first out-of-the-money finish in the Belmont Stakes (G1).

Panici, who has worked closely with the Biancones in the development of Sole Volante, will ride in his first Kentucky Derby Saturday.

“I'm excited to be there. I'm thankful to the connections for giving me this opportunity with a good horse. I'm very, very happy to be a part of this team,” Panici said. “I'm very, very proud and proud of the people who work with me.”

The son of a jockey, Panici grew up playing soccer with Frankie Dettori across the street from the racetrack in Milan, Italy, Dettori, four years his senior, inspired Panici with his immediate success as a jockey at the age of 16, as well as the subsequent fame and fortune he earned in England and across the world. Panici went on to enjoy success while riding more than 500 winners in Italy, but racing in the U.S. first caught his attention in 1996, when he spent a winter in South Florida galloping for Hall of Fame trainer Bill Mott for free in exchange for one mount (fifth-place finisher Yokama in a Feb. 19, 1996 allowance at Gulfstream).

Panici, who returned to South Florida the following winter to gallop from trainer Gary Sciacca, moved permanently to the U.S. in 2009. He has won nearly 700 races in the U.S., none more important than Sole Volante's Sam F. Davis score that put him on the Triple Crown trail.

“When you work with a baby, you think always maybe they can take you to the Derby,” said the 46-year-old Panici, who will travel to Louisville following Sunday's Gulfstream program. “Finally, this is the time.”

Biancone also sent multiple graded-stakes winner Diamond Oops to the Palm Meadows turf course Friday morning to prepare for a start in the $250,000 Twin Spires Turf Sprint (G2) at Churchill Sept. 4. The 5-year-old son of Lookin At Lucky, who is Grade 1 stakes-placed on turf and dirt, was timed in 45.90 seconds, the fastest four-furlong turf work of 19 recorded.

Diamond Oops captured the seven-furlong Mr. Prospector (G3) before stretching out to finish a strong fourth in the $3 million Pegasus World Cup Invitational (G1) during Gulfstream's Championship Meet. He finished second in his first start back in a June 13 overnight handicap in his return off a layoff. Diamond Oops finished second back-to-back in last year's seven-furlong Alfred G. Vanderbilt (G1) at Saratoga and Shadwell Turf Mile (G1) at Keeneland before getting eliminated at the start of the Breeders' Cup Dirt Mile (G1) at Santa Anita.

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The Friday Show Presented By Woodbine: Derby Challenges

Nothing about 2020 is normal, thanks to the havoc wreaked upon the world by the coronavirus pandemic. Horse racing has not been immune.

We've had an Arkansas Derby on the first Saturday in May, a Belmont Stakes to kick off the Triple Crown, empty grandstands most everywhere and now we prepare for a spectator-free Kentucky Derby on the first Saturday in September.

But before the best of the 2017 Thoroughbred foal crop runs for the roses, horse racing may have to get past yet another challenge: civil unrest in the wake of a police shooting of a 26-year-old African-American woman, Breonna Taylor, in her home in Louisville, Ky., host city for America's most famous horserace.

In this week's edition of the Friday Show, publisher Ray Paulick and editor-in-chief Natalie Voss point out that the Kentucky Derby has been used before as a focal point of civil rights demonstrations. In 1967, Dr. Martin Luther King and others fought for fair housing laws in the city, held demonstrations at Churchill Downs early on Derby week but ultimately opted not to disrupt the big race.

Paulick and Voss also discuss the newly assembled Churchill Downs 20-horse starting gate that may pose a challenge for the gate crew that typically stands inside each horse's stall.

Watch the Friday Show below.

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