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‘Profoundly Disappointing’: Dutrow Withdraws Kentucky License Application After Committee Deliberation

Rick Dutrow's long-running quest to return to horse racing hit another roadblock Tuesday afternoon after a Kentucky Horse Racing Commission committee unanimously asked him to withdraw an application for a trainer's license.

The KHRC's license review committee has the ability to grant a license unconditionally, grant a license with specific conditions, deny an application, or grant an applicant the opportunity to withdraw their application. Committee chair Kenneth Jackson explained that the last outcome is provided to the committee as an option because a denial from one commission can negatively impact someone's application in another jurisdiction.

Karen Murphy, attorney for Dutrow, agreed to withdraw the application on his behalf but expressed frustration that the committee provided no overview of its discussion, which was held in closed executive session.

“I don't know what you want,” said Murphy. “I don't know what you considered. I don't know what you sound so unpersuasive that you take this action, which I find to be profoundly disappointing. I'd like an answer.”

Jackson declined to provide any further comment on the matter to Murphy or other meeting participants.

In 2011, Dutrow was handed a 30-day suspension by the New York State Racing and Wagering Board for possession of hypodermic needles and a 60-day suspension for a butorphanol overage around the same time. The Board later revoked his license for 10 years and issued a $50,000 fine for the two offenses. The KHRC denied a renewal of his license the same year. Dutrow did not actually begin serving his ten-year sentence in New York until he had exhausted his appeals process in 2013 and as such, will be suspended there until January 2023.

Dutrow has tried repeatedly to have his sentence in New York shortened, but has been unsuccessful thus far.

“The racetrack means everything to me, my family. It's really been a hard time with this,” said an emotional Dutrow via video conference. “Since I've been away, I've had a chance to reflect on things and look at myself and I know that I'm part of the problem. There's no question about that. But I've done a lot of time for this. I just need an opportunity to train horses. That's all I want to do, it's all I've ever wanted to do. I'm sorry to take up your time and cause all this stuff, I just need to train horses. Please.”

Trainer Dale Romans, surgeon Dr. Larry Bramlage, and former steward Steven Lewandowski also testified on Dutrow's behalf.

“The more I would look into it, I thought, 'I cannot sit on the sidelines and let this happen to one of my colleagues,' because what would ever stop it from happening to me?” said Romans. “What this case, I think, boils down to is a vendetta in New York and with all the evidence that has come out, it's obvious.”

Bramlage, who treated a number of horses in Dutrow's care in his time on the track, said he believed the trainer's management of horses was excellent.

“The legal question is yours, but my experience with Rick is in how he treats his horses, and his approach to training is impeccable,” said Bramlage. “He never takes shortcuts…he always goes with the best alternative for the horse, he never sacrifices the horse's welfare to win a purse before something becomes clinical. He's always done it the right way.”

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Ellis Park 2020: No General Admission, But Reserved Seating Available To Fans

Tickets for reserved seating for the RUNHAPPY Summer Meet at Ellis Park to be held from July 2 to Aug. 30 are now on sale.

Seats, which will be required for admission, can be purchased through Ellisparkracing.com.

Following the directive from Kentucky Gov. Andy Beshear's office, racetracks may begin having spectators on June 29 with up to 50 percent capacity. Ellis Park's 98th summer session begins Thursday, with racing through Sunday July 5 before taking a week off to allow Keeneland to run for five days in Lexington. Ellis Park resumes its Friday through Sunday format on July 17 through the end of the meet.

For the first weekend, Ellis Park seating will be available in the Sky Theatre, which is entirely smoke-free, and the second floor of the Clubhouse, where smoking is permitted. The Turf Club, which is between the Clubhouse and the grandstand, is available for parties of up to 25 people. Ellis will work to open additional outdoor seating as safety planning and preparations are made.

Because of safety precautions necessitated by the COVID-19 global pandemic, there will be no general admission seating available for this meet. With the exception of racehorse owners, spectators are required to have a ticketed seat, with food and beverages delivered by servers to those areas. The Dade Park Grill on the Clubhouse first floor in the Historical Horse Racing area will be the only concession stand open.

“We are opening seating to the public in a safe and prudent manner that adheres to state protocol,” said Ellis Park general manager Jeff Inman. “With this methodology, we have control over where people are during the races and can make sure they are safely separated. Additionally, protocol dictates that we must have the name and contact information for every guest coming to Ellis this summer. That's why we can only have reserved seating this meet. If one of our guests should subsequently test positive for COVID-19, we will know who was at the races that day, where they were seated and how to get in touch with them.

“We know these circumstances aren't ideal, and that going to the races at Ellis Park and enjoying our expansive grassy area and grandstand is a tradition for the Tri-State area. COVID-19 has changed a lot of standards, but we're pleased that we can allow spectators at the races in a safe and responsible fashion this summer.”

For opening week, the Sky Theatre will have 47 tables available, mostly four-tops, for a total capacity of 196 people, with 62 tables in the Clubhouse (for two, four and six people) for an additional 234 individuals. Clubhouse options include the Terrace Lounge area offering a view of the racetrack, the adjacent Thoroughbred Room (also used for year-round simulcasting) and the Gardenia Room.

Admission to the track for live racing is by reservation only. Race-day reservations will be accepted as space allows, but Ellis asks that everyone try to make plans in advance. An entire table must be purchased, with no partial tables sold due to social-distancing requirements. For the first week, the minimum age for reserved seating and HHR is 18 years old. Ellis is reviewing plans to allow additional guests and younger race fans later in the summer.

Access to Historical Horse Racing on the Clubhouse first floor is available on a first-come, first-served basis with gaming terminals adhering to the state's social-distancing standards. Guests with reserved seating, along with Historical Horse Racing players, must enter through the main gate and have a non-invasive thermal screening before being admitted.

Horse owners licensed by the Kentucky Horse Racing Commission can watch their horses run from the racetrack apron, where media members will also be allowed. Owners and the media should enter through the paddock pavilion entrance, where they will undergo thermal screening and have their name and contact information recorded. Media members must make arrangements with Ellis Park staff prior to arrival, as there is limited space available each racing day.

Ellis Park hopes to add two additional outdoor seating areas in phases as the summer progresses. First, 40 grandstand box seats opening later in July. The boxes, which will accommodate four people each, will be sold as reserved seating and also have food and beverage delivered by servers. A third phase could see six-seat picnic tables on the racetrack apron sometime in early August.

Should all of the phases become available, the maximum capacity will be 1,010 for live racing. Concession areas at the track will not be open during the meet.

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Kentucky HBPA Requests Judge Alter Ruling In 2-Year-Old Lasix Case

Two weeks after a judge denied a motion for a temporary injunction from the Kentucky Horsemen's Benevolent and Protective Association (KHBPA) to halt Lasix-free 2-year-old racing in the state, the organization is asking him to reconsider. Earlier this month, Franklin County Circuit Judge Thomas Wingate denied the motion for temporary injunction and also granted a motion to dismiss the case against the Kentucky Horse Racing Commission, Churchill Downs, and Keeneland for a lack of standing.

Now, the KHBPA's attorneys say, that decision was unfair. Part of Judge Wingate's order focused on the organization's standing, which had been questioned by the defendants just before a hearing in late May. The KHBPA says the judge's order referred to affidavits from KHBPA members which were never intended to address the legal question of standing. The question of standing can include questions about the identity of a party, as well as whether a plaintiff can demonstrate they have suffered an injury as the result of actions by defendants.

In this case, Judge Wingate's order echoed a motion by the defendants, who say the “alleged injury” to KHBPA was speculative and not concrete. He also questioned why the KHBPA did not bring forth the name of an individual owner or trainer claiming to have been injured by the Lasix ban. The KHBPA said that it can do so, and simply wasn't given the opportunity before.

Parties in the case are expected to appear before the court on July 29 to hear arguments surrounding the KHBPA's latest motion. Prior to the June dismissal of the case, The Jockey Club, the Kentucky Thoroughbred Association and the Breeders' Cup were all permitted to file amicus briefs in support of the defendants in the case.

At a meeting of the Kentucky Horse Racing Commission this week, equine medical director Dr. Bruce Howard reported that so far this meet, Churchill Downs has held eleven 2-year-old races without race-day Lasix. Those races have included a total of 107 starters. None of them experienced epistaxis (bleeding from the nostrils), according to the commission's records.

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Appeals Court Hears Oral Arguments In Maximum Security Disqualification Case

The United States Appeals Court for the Sixth District heard oral arguments Tuesday from attorneys in the civil lawsuit over the disqualification of Maximum Security from the 2019 Kentucky Derby. Attorneys for owners Gary and Mary West and the Kentucky Horse Racing Commission and its stewards presented their cases during a telephonic hearing.

The Wests were appealing a ruling from United States District Judge Karen Caldwell in November dismissing their case on the basis that stewards' disqualifications are not subject to judicial review.

Attorneys for both sides touched on two different Kentucky laws in their arguments, and disagreed about whether the stewards' decisions met the state definition of a “final order.” Final orders handed down by state agencies may be reversed in whole or in part in court under certain conditions.

Jennifer Wolsing, representing the commission, referred to Kentucky regulations that specifically forbid appeals of stewards' decisions. Without those regulations, she pointed out, every losing owner could tie up race results in court for months.

“Importantly, the Wests previously agreed to Kentucky's rules,” said Wolsing. “As a condition of licensing and for the privilege of participating in horse racing, the Wests agreed to abide by the commission's regulations, including the provision that the stewards' determinations are final. This rule is here for a reason. The rule otherwise would turn the most exciting two minutes in sports into two years of protracted litigation.”

Final orders, Wolsing argued, are the outcome of an administrative hearing, which per Kentucky law are formal proceedings conducted by a state agency head where it's expected impacted parties will be represented by counsel. Stewards' deliberations, as in the Maximum Security case, do not fit the bill because the stewards are not agency heads and their deliberations are not formal and open to the public. They also do not hear arguments from all affected parties (like owners) through attorneys.

Ronald Riccio, attorney for the Wests, believes that state statute which guides the process of administrative hearings and defines “final orders” should supersede the commission's regulations stating stewards' decisions are not subject to appeal. Riccio argued, among other points, that the stewards' decision was a “final order” and the decision-making process they went through was an administrative hearing during which they collected and reviewed evidence – albeit, he questioned how they did so. Because it was a hearing conducted by state agency employees, Riccio claims the decision should be subject to reversal by a judge.

“The fact that the stewards did what they did in only 22 minutes, and did it as we allege, in derogation of the substantive decision-making criteria that was supposed to be applied, and rendered an opinion which was terribly inconsistent in terms of their oral opinion saying one thing and their written opinion saying another thing — that doesn't mean that the proceeding was not an administrative proceeding subject to the 'final order' of KRS13.150,” said Riccio.

Both attorneys agreed there was relatively little existing case law in Kentucky that addressed this question, outside of one case from 2013 in which an owner/trainer appealed a stewards' disqualification based on careless riding. In that case, a Kentucky appeals court ruled that stewards' decisions were not subject to judicial review.

Judges did not provide a projected timeframe for issuing their ruling.

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