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Baffert Files New York Lawsuit Claiming NYRA Has No Legal Authority For Suspension

Bob Baffert has filed a lawsuit against the New York Racing Association in United States District Court, Eastern District of New York, reports the Thoroughbred Daily News, seeking to overturn NYRA's May 17 decision to not accept his entries or allow him stall space.

Patrick McKenna, NYRA's Senior Director of Communications, issued the following statement Monday: “On May 17, the New York Racing Association, Inc. (NYRA) temporarily suspended Bob Baffert from entering horses in races and occupying stall space at Belmont Park, Saratoga Race Course and Aqueduct Racetrack. NYRA took this action to protect the integrity of the sport for our fans, the betting public and racing participants following Mr. Baffert's public acknowledgement that the Kentucky Derby winner Medina Spirit tested positive for betamethasone, a banned corticosteroid.

“In making the determination to temporarily suspend Mr. Baffert, NYRA took into account the fact that other horses trained by Mr. Baffert have failed drug tests in the recent past, resulting in the assessment of penalties against him by thoroughbred racing regulators in Kentucky, California, and Arkansas.

“NYRA will vigorously defend the action it has taken in this matter.”

The lawsuit, filed by attorney Craig Robinson, argues that NYRA does not have the legal authority to suspend Baffert. It alleges that while NYRA is a non-profit corporation, it “is specifically governed by the New York law that grants it the exclusive franchise to conduct live Thoroughbred racing and simulcasting at the state-owned racetracks on behalf of the state, from which the state derives substantial revenue.”

As such, the suit contends, the only entity with the authority to suspend Baffert is the New York State Gaming Commission. That, in turn, would mean that Baffert is protected from violations of his right to due process, which the suit alleges would include suspending the trainer prior to the completion of the Medina Spirit investigation by the Kentucky State Horse Racing Commission.

The suit reads: “Specifically, Baffert maintains a right to rely upon and use his New York State occupational trainer's license that was duly issued to him without limitation by the New York State Gaming Commission (the “Gaming Commission”); NYRA has, without legal authority, and without any notice or opportunity to be heard, attempted to indefinitely suspend Baffert's trainer's license issued by the Gaming Commission, thereby preventing Baffert from practicing in his chosen profession or using his state-issued license on state-owned property.”

Read more at the Thoroughbred Daily News.

The post Baffert Files New York Lawsuit Claiming NYRA Has No Legal Authority For Suspension appeared first on Horse Racing News | Paulick Report.

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Richard Vega Suspended by Parx Stewards

According to a ruling posted on the Pennsylvania Horse Racing Commission's website, trainer Ricardo (Richie) Vega had been “summarily suspended” by the stewards at Parx Racetrack.

The story was first reported by the website www.theracingbiz.com.

The decision comes after the racing commission staged a backstretch raid at Parx over the weekend of May 22-23. Investigators searched cars, barns and grooms' quarters. Tom Chuckas, who heads the Pennsylvania Racing Commission, reported to his fellow regulators during a Zoom call that “a significant amount of contraband” had been uncovered and that the contraband included, “items that have no business on the backside.”

On the day of Chuckas' announcement, all three horses trained by Vega were scratched by the stewards. He has not had a runner since.

The stewards issued their suspension on May 24, but it was appealed by Vega's lawyer. On May 27, the appeal was heard and denied.

In the notification of Vega's suspension, the commission cited Rule 401.61, which reads, “Possession of hypodermic needles, syringes and injectable substances. No person, except a Commission Veterinarian, racetrack veterinarian or veterinarian licensed by the Commission, may possess or use a hypodermic needle, hypodermic syringe capable of accepting a needle and injectable substances of any kind, type or description on the licensed racetrack grounds, in that person's custody, control or possession.”

According to the ruling, investigators found, “multiple loaded needles and syringes” in Vega's tack room. It also noted that the needles included injectable substances.

The ruling also notes that licensees are not permitted to “engage in inappropriate, illegal or unethical conduct which violates the Commission's rules and regulations of racing, is inconsistent with the best interests and integrity of racing or otherwise undermines the general public's faith, public perception and confidence in the racing industry.”

While suspended, Vega will be “denied the privileges of the grounds” of all racetracks in Pennsylvania,” a ban that will be honored by the other tracks in the state as well as all racetracks outside of Pennsylvania.

Vega emigrated from Cuba in 1980 and began his career on the racetrack as a groom in Florida. He was the leading trainer at Philadelphia Park in 1998 and was later voted into the Parx Racing Hall of Fame. Training since 1992, Vega has won 1,115 races and his stable has earned $19.5 million.

Vega has the option of appealing the ruling to the Pennsylvania Racing Commission.

The post Richard Vega Suspended by Parx Stewards appeared first on TDN | Thoroughbred Daily News | Horse Racing News, Results and Video | Thoroughbred Breeding and Auctions.

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Sadler’s Flagstaff Tests Positive for Biphosphonate

The John Sadler-trained Flagstaff (Speightstown) tested positive for Clodronic Acid, a bisphosphonate otherwise known as Osphos, after finishing second at Santa Anita Sept. 27 last year, according to a California Horse Racing Board (CHRB) complaint.

As per the complaint, dated Mar. 24, an Osphos positive is a Class 1, Category A penalty. A split sample confirmed the original finding, the complaint states.

Sadler is currently on a year's probation in accordance with a settlement agreement and mutual release with the CHRB, as part of which Sadler was fined $15,000 and handed a 60-day suspension–45 days of which were stayed–for three medication violations dating from 2019.

The suspension ran June 29 through June 13 last year. The year-long probation period ends June 28, 2021.

As stated in the agreement, “If John Sadler violates the terms of his probation, the 45 days of stayed suspension shall be imposed following a noticed hearing.”

Sadler referred the TDN to his attorney, Darrell Vienna, who pointed out that Osphos is listed a Class 1 drug because it's unclassified in California at the moment, but is currently going through the administrative process of being classified a Class 3 medication.

Vienna said that it was his understanding Flagstaff was administered Osphos in late 2019, but that due to an extremely slow rate of elimination in a horse's system–sometimes years–Osphos showed up in last year's test.

“I don't think anything in the report shows any evidence of misfeasance or malfeasance by Sadler,” said Vienna. “This isn't him denying the administration. It's a case of the administration being completely legal at the time. The finding is a result of the pharmacology of the substance, not of any wrongdoing.”

Since the settlement agreement was inked last year, Sadler has been fined $1000 and $1500 accordingly for two positive findings related to timed workouts.

The post Sadler’s Flagstaff Tests Positive for Biphosphonate appeared first on TDN | Thoroughbred Daily News | Horse Racing News, Results and Video | Thoroughbred Breeding and Auctions.

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Linda Rice Plans Appeal Of Three-Year License Revocation

Trainer Linda Rice told the Daily Racing Form Thursday that plans to appeal the three-year license revocation and $50,000 fine handed down by the New York State Gaming Commission on Monday for “actions inconsistent with and detrimental to the best interest of racing generally and corrupt and improper acts and practices in relation to racing.”

Rice's license will not officially be suspended until findings and an order have been served, typically within 10 business days of the determination. Meanwhile, Rice ran two horses at Finger Lakes on Wednesday, had three horses entered Thursday at Belmont Park, and has horses entered in three races Friday, five races on Saturday, and three races Sunday at Belmont.

Attorney Andrew Turro will represent Rice in her appeal process.

The NYSGC first launched an investigation into Rice's operation in early 2018, on the claim that she traded money for information from the racing office. That information, such as which horses were likely to enter races before the race had closed, could have given her a competitive advantage.

The investigation uncovered evidence that between 2011 and 2015, Rice received faxes and emails from former entry clerks Jose Morales and Matt Salvato, giving her the names and past performance records of horses prior to draw time. Senior racing office management has said the names of trainers and horses in a given race are not to be released until after a race is drawn (with stakes races being the exception).

An eight-day hearing was conducted at the end of 2020, and the hearing officer submitted a final report to the NYSGC on April 13, 2021. The report concluded that Rice's misconduct – which involved receiving and requesting confidential entry information in overnight races – was intentional, serious and extensive. It also concludes that her actions constituted improper and corrupt conduct in relation to racing in violation of NYCRR 4042.1 and were inconsistent with and detrimental to the best interests of horse racing.

Rice has saddled the winners of 2,107 races from 11,384 starters over a career dating back to 1987, according to Equibase. Her top trainees include millionaires La Verdad and Palace, as well as Grade 1 winners Voodoo Song, City Zip, and Tenski.

The post Linda Rice Plans Appeal Of Three-Year License Revocation appeared first on Horse Racing News | Paulick Report.

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