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CDI Releases Statement Regarding Baffert Lawsuit

Following a summary judgment issued by a federal judge Wednesday that dismissed Hall of Fame trainer Bob Baffert's lone remaining claim in his lawsuit against Churchill Downs, Inc. (CDI), Churchill Downs issued a statement on Thursday. The statement appears in its entirety below.

“Churchill Downs is pleased that the Court granted our Motion for Summary Judgement in the Civil Action brought against our company, CEO and Board Chairman by Bob Baffert, resolving in our favor the last remaining claim, just as the Court had ruled in our favor on all of his previous claims. While he may choose to file baseless appeals, this completes the seemingly endless, arduous and unnecessary litigation proceedings instigated by Mr. Baffert.

“Our actions to suspend Mr. Baffert following Medina's Spirit [Protonico]'s confirmed positive for a prohibited race-day substance, coupled with his extensive history of drug violations, was done in the best interest of protecting the integrity of horseracing. Now more than ever, participants and operators in this industry must individually and collectively assume responsibility to take every reasonable measure to protect our equine and human athletes and reject any practice that jeopardizes that mission.

“We are encouraged that the Horseracing Integrity and Safety Authority (HISA) Anti-Doping and Medication Control (ADMC) Program has gone into effect this month which will allow uniform rules to govern the industry and expedite both the testing and adjudication process which has historically created confounding delays and threatened the confidence and trust of our fans.

“As we stated when we suspended Mr. Baffert in June 2021, we reserve the right to extend his suspension and will communicate our decision at the conclusion of the initial two-year suspension period. This U.S. District Court ruling in our favor is a victory in our ongoing actions and steadfast commitment to protecting the safety of our equine and human athletes.”

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Statement on HISA from NTRA President and CEO Tom Rooney

“As a former instructor of constitutional and criminal law at the United States Military Academy, I implored upon the cadets that we are a nation of laws, not of emotional disinformation. Article III of the Constitution gives the courts the task of interpreting the laws to determine constitutionality and that process is exactly what is happening right now with HISA.

“HISA is the law of the land and has been challenged in the courts. In this country constitutionality is not determined by those who may disagree with the language of the law but rather by the courts. HISA was written and passed by Members of Congress and signed originally by President Trump, then amended and signed by President Biden to make our industry better. Petitioning Members of Congress to deem the law unconstitutional is inconsistent with our system of government going back to Marbury v. Madison, unless these efforts are made to repeal the law and replace it with new legislation. Unfortunately, that is not what opponents of the law appear to be seeking. It is therefore my opinion that these opponents are misguided and are serving as a distraction from actually making the Thoroughbred industry safer and better for everyone.

“The fact of the matter is the Thoroughbred racing industry has needed change for quite some time. We all know that. The path we were going down was unfair and unsafe, and after some challenging years we could not as an industry keep doing business as usual. Since the passage and implementation of HISA, we as an industry have made strides that can help preserve horse racing so that future generations can also enjoy it. HISA has been very collaborative, has sought to work with everyone, and has always led with a call for unity. With minimum standards of fairness as set by HISA across the country, Thoroughbred racing will be more competitive and more fun. While we await final verdicts from the courts we must continue to work together as an industry to improve our sport, so the dream of future generations enjoying horse racing can become a reality.

Tom Rooney, President and CEO of the NTRA, five-term member of Congress from the state of Florida, Army JAG Corps Captain

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Bob Baffert Releases Statement

Hall of Fame trainer Bob Baffert, who has been embroiled in controversy this week after the news broke May 9 that his GI Kentucky Derby win with Medina Spirit (Protonico) may be in jeopardy after the horse reportedly tested positive for betamethasone, released a statement via attorney Craig Robertson prior to the GI Preakness S. Baffert did not attend the Preakness and Medina Spirit finished third in the second leg of the Triple Crown behind Rombauer (Twirling Candy).

The statement appears below in its entirety:

“As Medina Spirit prepares to run in the Preakness Stakes today, I want to keep the focus on this amazing equine athlete and not me, which is the primary reason I will not personally be in attendance. I do not want to serve as a distraction to what has always been of paramount importance–the joy of this great sport and the horses that make it possible.

“As I have stated from the beginning, there was never any attempt to game or cheat the system and Medina Spirit earned his Kentucky Derby win. While the presence of 21 picograms of an allowable therapeutic medication has yet to be confirmed by the split sample analysis, it would have nothing to do with Medina Spirit's hard-earned and deserved win. That win was the result of the horse's tremendous heart and nothing else.

“Notwithstanding the foregoing, I acknowledge that I am not perfect and I could have better handled the initial announcement of this news. Medina Spirit's Kentucky Derby win was so personally meaningful to me, and I had such a wonderful experience on May 1 at Churchill Downs, that when I got the news of the test results, it truly was the biggest gut punch I had ever received and I was devastated. That, coupled with the fact that I always try to be accommodating and transparent with the media, led to an emotional press conference on May 9 in which I said some things that have been perceived as hurtful to some in the industry. For that I am truly sorry. I have devoted my life's work to this great sport and I owe it, and those who make it possible, nothing but an eternal debt of gratitude.

“For those who want an explanation for what transpired with Medina Spirit, I have tried to be open and transparent from the beginning. Our investigation is continuing and I don't have definitive answers at this point. What I do know is that neither my barn, nor my veterinarians, directly treated Medina Spirit with the anti-inflammatory medication betamethasone. Even though it is allowable, it is just not something we have ever used with this horse. The only possible explanation that we have uncovered to date–and I emphasize the word possible–is that betamethasone is an ingredient in a topical ointment that was being applied to Medina Spirit to treat a dermatitis skin condition he developed after the Santa Anita Derby.

“I have been deeply saddened to see this case portrayed as a “doping” scandal or betamethasone labeled as a “banned” substance. Neither is remotely true. Betamethasone is an allowable and commonly used medication in horse racing. Further, 21 picograms would have zero pharmacology in a horse. All I ask is that everyone not rush to judgment and allow all of the facts, evidence and science to come to light.

“Lastly, while this has been extremely hard and emotionally draining on me and my family, today is not about Bob Baffert. Instead it is about Medina Spirit and all of the other equine athletes in our tremendous sport. I hope that everyone will direct their attention to them and give them the love and respect they so richly deserve.”

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Trainer Orseno Responds to Bleeding Incident

When MGSW Imprimis (Broken Vow) finished second by a nose to Bound for Nowhere (The Factor) in Saturday's GII Shakertown S. at Keeneland, he returned bleeding from both nostrils. The horse had broken through the gate prior to the start and banged his head, but was examined on the scene by the state veterinarians and pronounced fit to run. Trainer Joe Orseno, who said he “thought [his] horse bled horribly,” issued a statement Thursday morning through the National Horsemen's Benevolent and Protective Association (HBPA) in response to the incident. It read, in part:

“Published reports and social media have had some incorrect information about what did and didn't happen to my horse Imprimis…Saturday while racing without the anti-bleeder medication Lasix. I want to set the record straight.

“Thank God the considerable blood coming from Imprimis' left nostril after the race was not pulmonary hemorrhaging. It also was not from what has been erroneously reported as being a cut on his nose sustained when he broke through the gate prior to the start. Imprimis does have a sizable bump on his nose–about six inches from his nostril–from where his head apparently hit the gate, but he did not sustain any cuts. The endoscopic examination that I had my private veterinarian conduct did reveal trace levels of Exercise Induced Pulmonary Hemorrhaging [EIPH]. I'm just so thankful that it wasn't more severe.”

Orseno reported Imprimis is doing well this week, but does have a large bump still visible on his nose. He stands by what he said about the new Lasix rules.

“I also don't retract what I told journalists after the race. I'll say it again right now: It's not good for the industry what they're doing forcing horses, particularly older horses, to run without Lasix in stakes races. And apparently that's not just one trainer's opinion. I didn't know so many people had my phone number, all the horsemen who called or emailed me and said, 'Thank you for speaking up'–trainers I don't even know. Someone in California called me out of the clear blue and said, 'Thank you, someone had the guts to say something.' I don't look at it that way. At the time, it wasn't about guts, it was about being very upset over my horse. I've been doing this 44 years and it's not just my livelihood, it's my life.

“I made my statement that someone has to explain to me why we're making horses bleed, older horses that have run on Lasix their whole life, and now all of a sudden you're going to penalize the best horses in the country. It's not good for the game, when we can stop it with an easy fix.

“My veterinarian's endoscopic exam of Imprimis showed that most of the blood was from banging his head. He did have traces, a trickle down his throat, showing that he did bleed a little in the trachea. We were very lucky.

“There are many horses that bleed significantly but not always externally. It is wrong and naive to think no damage is being done to horses just because they didn't bleed through the nostrils. It is also deceptive for those who are trying to label an EIPH episode only by visible blood from the nostrils. How are you going to tell an owner this horse is going to only run four times this year instead of eight or nine because I need more time in between to heal them up because he bleeds and we can't use Lasix? They are going to start to get disgusted, and horses will be hurt if they return at all. Owners are not going to be as excited about buying horses and racing if they can't run them more than four times a year.

“I am on the board of the Florida HBPA. We are scoping stakes horses–which must run without Lasix at Gulfstream Park–and we're paying for it so we hopefully can all learn something and together make informed and intelligent policy decisions from transparent data going forward. I'd say overall that the overwhelming majority of these horses are bleeding to some degree. The numbers aren't good. Do we really want to do this to our horses? I sure don't.”

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