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Baffert Vs. NYRA: The Jockey Club Asks To Weigh In On ‘Deleterious Effects Of Improper Drug Use’

Attorney Susan Phillips Read has filed a request on behalf of The Jockey Club to provide an amicus brief in the civil lawsuit filed by trainer Bob Baffert against the New York Racing Association, reports bloodhorse.com. The brief would provide Judge Carol Bagley Amon in U.S. District Court for the Eastern District of New York “a unique perspective on issues involved in this litigation” and “supply information that should be helpful to the court and its decision-making.”

(An amicus brief is provided by a person or entity who is not a party to a case who assists a court by offering information, expertise, or insight that has a bearing on the issues in the case.)

Following the announcement that Kentucky Derby winner Medina Spirit tested positive for betamethasone, and considering a spate of recent positive tests from Baffert's barn, the New York Racing Association announced last month a ban of trainer Bob Baffert from racing or stabling at any of its tracks. Baffert and his lawyer responded by filing a civil suit claiming NYRA does not have the legal authority for a suspension.

Read told bloodhorse.com that The Jockey Club's brief will stand in opposition to Baffert's efforts to be granted a temporary injunction to lift the NYRA ban.

“TJC has long believed that horses must only race when they are free from the effects of medication, and vociferously advocated for the passage of The Horseracing Safety and Integrity Act,” Read wrote in the official request to provide an amicus brief. “TJC thus has a special interest in sharing with the Court its perspective regarding the deleterious effects of improper drug use on the health of horses, the Thoroughbred racing industry, and public trust in the honesty of competition.

“Further, TJC, through its wholly-owned subsidiaries and Thoroughbred Safety Committee, has access to information not necessarily available to the parties,” Read added.

Jockey Club Wants to Give ‘Unique Perspective’ in Baffert vs. NYRA Suit

The Jockey Club (TJC) now wants to get involved in trainer Bob Baffert's federal lawsuit against the New York Racing Association (NYRA), which seeks to overturn his banishment from stabling and racing horses at Belmont Park, Saratoga Race Course, and Aqueduct Racetrack.

In a June 22 letter to United States District Court (Eastern District of New York), Susan Phillips Read, an attorney for TJC, asked permission to file an “amicus” brief that she believes will “provide the Court with a unique perspective and information to assist in deciding the pending motion for preliminary injunction.”

Baffert was told by NYRA that he was not welcome to stable or race at the association's three tracks on May 17 in the wake of his disclosure that Medina Spirit (Protonico) had tested positive for betamethasone after winning the GI Kentucky Derby. That revelation by Baffert was later confirmed by split-sample testing at two different labs approved by the Kentucky Horse Racing Commission, but no ruling has yet been issued over those findings.

On June 14, Baffert filed a civil complaint against NYRA, alleging that the association-level ban violates his Fourteenth Amendment constitutional right to due process. He wants a preliminary and permanent injunction ordered against NYRA to prevent his further banishment from those tracks, claiming that if that does not happen, he will suffer immediate and irreparable harm.

The betamethasone finding in the Derby was the fifth positive test in a Baffert trainee for a regulated but prohibited-on-race-day drug within the past year (two others were for lidocaine, one was for dextrorphan, and another also for betamethasone). It was the third during that time frame to occur in a Grade I stakes.

While all of this has been going on, Baffert has also been embroiled in a long and complicated court and racing commission battle in California over whether to disqualify 2018 Triple Crown winner Justify from that year's GI Santa Anita Derby because of a scopolamine finding.

“TJC has long believed that horses must only race when they are free from the effects of medication, and vociferously advocated for the passage of The Horseracing Safety and Integrity Act,” Read wrote. “TJC thus has a special interest in sharing with the Court its perspective regarding the deleterious effects of improper drug use on the health of horses, the Thoroughbred racing industry, and public trust in the honesty of competition.

“Further, TJC, through its wholly-owned subsidiaries and Thoroughbred Safety Committee, has access to information not necessarily available to the parties,” Read wrote.

Read wrote that she has asked the attorneys for both parties for consent to file TJC's amicus brief. NYRA's counsel has given permission; Baffert's has not.

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Purse Increases Announced for Saratoga; First Condition Book Available

The New York Racing Association will offer increased purses for its 2021 Saratoga meet, it announced Tuesday. The first online condition book for the meet is now available at www.nyra.com/saratoga/horsemen. Physical copies will be available in the Belmont Park racing office starting Friday.

All open stakes with a previously listed purse of $100,000 have been increased to $120,000. Open maiden special weights have been given a $10,000 bump to $100,000, while New York-bred MSWs have gone from $80,000 to $85,000. All other conditions have also been given purse increases.

“We look forward to welcoming horsemen from across the country back to Saratoga,” said Keith Doleshel, NYRA Racing Secretary for the Saratoga summer meet. “The purse increases across the board should help make the 2021 season a summer full of the competitive racing that Saratoga is known for.”

NYRA will once again offer maiden races restricted to horses who sold or RNA'd at their last auction for $45,000 or less–purses in the first condition book for those races are $80,000, up $5,000 from last year.

The Saratoga meet opens on Thursday, July 15 and will continue through Monday, Sept. 6. Dark days will be Monday and Tuesday–other than the traditional closing day on Labor Day.

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NYRA Increases Purses Across The Board At Saratoga; Maiden Allowance Fields To Run For $100,000

The New York Racing Association, Inc. (NYRA) today announced significant increases to its purse schedule for the 2021 summer meet at historic Saratoga Race Course, which opens on Thursday, July 15 and continues through Monday, September 6.

The condition book for the Saratoga summer meet is now available online at https://www.nyra.com/saratoga/horsemen. Physical copies of the condition book will be available in the Belmont Park racing office beginning Friday, June 25.

All open stakes at Saratoga that previously carried a purse of $100,000 will see an increase of $20,000 to $120,000. Open maiden special weight races at Saratoga will enjoy a $10,000 boost, increasing from $90,000 to $100,000. New York-bred maiden special weights will increase by $5,000 to $85,000.

Allowance optional claiming races at Saratoga featuring non-winners of three/$100,000 claiming will see its purse raised to $110,000, while non-winners of two/$80,000 claiming will have a purse of $105,000. Non-winners of one will offer a $103,000 purse.

State-bred non-winners of 2/$45,000 claiming will compete for an increased purse of $95,000, while the purse for state-bred non-winners of one was bumped to $90,000.

In addition to these purse increases, the NYRA Maiden Allowance Auction Series will return this summer for the third year following its launch in 2019. All races in this series are restricted to horses that sold or RNA'd for $45,000 or less at their most recent auction, providing an additional incentive and opportunity for owners to compete at Saratoga.

The Maiden Allowance Auction Series races will be offered in the first condition book of the Saratoga meet for purses of $80,000, a $5,000 increase over 2020. The Maiden Allowance Auction Series condition will also include up to $13,920 in New York Breeding Fund open company owners awards for New York-breds finishing first through third in the Maiden Allowance Auction Series.

Pari-mutuel wagering funds the majority of the NYRA purse account, which is awarded to horsemen and, in turn, benefits hundreds of small businesses operating at NYRA tracks and others dependent on the thoroughbred racing industry. Thoroughbred racing in New York State is responsible for 19,000 jobs and more than $3 billion in annual statewide economic impact.

Highlighted by the Grade 1, $1.25 million Runhappy Travers on August 28 and the Grade 1, $1 million Whitney on August 7, the 2021 summer meet at Saratoga Race Course will feature 76 stakes worth $21.5 million in total purses.

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