Sports Wagering Licenses Approved in Kentucky

The Kentucky Horse Racing Commission (KHRC) voted to approve temporary licenses for sports wagering operators and service providers, Kentucky Gov. Andy Beshear announced Tuesday.

A temporary license grants up to one year of operation in the state while under continued review. With the approval of these licenses, Kentucky bettors now know the retail facilities where they can place a sports wager and which mobile applications will be licensed in the state.

“The countdown continues as we move closer to sports wagering with retail locations opening in just 16 days,” said Gov. Andy Beshear. “Thank you to the KHRC commissioners for their dedication to getting this done right and getting it done in time for the opening of the NFL season.”

“We are excited to open sports wagering on our target date as we continue working through this careful process dedicated to wagering integrity and protecting bettors in the state of Kentucky,” said KHRC Chairman Jonathan Rabinowitz.

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In Historic Showdown, Stars Collide in Travers

SARATOGA SPRINGS, N.Y. – With the three winners of the Triple Crown races gathered for just the fourth time in the GI Travers S. Saturday, will history repeat itself? Will a horse that did not run in the GI Kentucky Derby, GI Preakness S. or the GI Belmont S. deliver an upset in the 154th Travers?

That is how it played out in 1918 with Sun Briar, again in 1982 with Runaway Groom and six years ago when West Coast won the 2017 running of Saratoga's oldest stakes race.

If the historical form stretching over 100 years holds, Scotland (Good Magic) will prevail. The LNJ Foxwoods homebred is the only one of the seven horses entered Tuesday that did not start in any of the Triple Crown races.

Kentucky Derby winner Mage (Good Magic) is in the Travers field, as is Preakness winner National Treasure (Quality Road) and Belmont hero Arcangelo (Arrogate). So, too, is Forte (Violence), the 2-year-old champion, who was the favorite in the Derby, but was a vet scratch the morning of the race. He finished second in the Belmont and prepped for the 1 1/4 miles Travers with a nose victory in the GII Jim Dandy S. on July 29.

Also taking aim at the $1.25-million Travers purse are Disarm (Gun Runner) and Tapit Trice (Tapit).

From the rail out, the complete field for the Travers S. with morning-line odds:

1-Forte (Violence) (7-5)

2-Arcengelo (Arrogate) (5-2)

3-Tapit Trice (Tapit) (12-1)

4-Mage (Good Magic) (4-1)

5-National Treasure (Quality Road) (8-1)

6-Disarm (Gun Runner) 6-1

7-Scotland (Good Magic) 12-1

All starters will carry 126 pounds.

Jockey Javier Castellano rode Mage in the Derby and Arcangelo in the Belmont. Luis Saez will take over on Mage and Jose Ortiz will be up on Tapit Trice.

Jena Antonucci became the first woman to train the winner of a Triple Crown race when Arcangelo beat Forte by 1 1/2 lengths in the Belmont. If Arcangelo extends his winning streak to four in his first race since the June 10 Belmont, Antonucci would join trailblazer Mary Hirsch, who saddled 1938 winner Thanksgiving, in the Travers record book. Arcangelo will be Antonucci's first Travers runner.

“Having the opportunity to be able to participate in these races is obviously a blessing in itself,” she said. “It's a really cool field. As a race fan myself, to see what is coming together is pretty neat. Obviously, Forte being in the mix, as well, I don't think he can be ignored in the mentions. It makes for a great day of racing, and a great talking topic for fans and others alike. Those are things that our sport continues to need to see happen.”

In May 2022 at Belmont, Forte lived up to the buzz with a 7 3/4-length maiden victory at 1-5. He was fourth as the favorite in the GIII Sanford S., but romped in the slop to win the GI Hopeful S. Earlier this year, Forte was disqualified from the Hopeful win for a post-race drug positive, a decision that is being appealed.

Forte wrapped up the divisional title with wins in the GI Breeders' Futurity and the GI Breeders' Cup Juvenile. He opened his 3-year-old season with a victory in the GII Fountain of Youth S. and then rallied in the stretch of the GI Florida Derby to beat Mage. On the morning of the Derby, he was scratched when a veterinarian had concerns about a bruised right front foot. Arcangelo topped him in the Belmont, his first start in 2 1/2 months.

Trainer Todd Pletcher elected to keep Forte at Saratoga and prep in the Jim Dandy. That narrow victory over Saudi Crown (Always Dreaming) was in question immediately after the race as stewards decided whether Forte should be DQ'd for bumping Angel of Empire (Classic Empire) while looking for running room entering the stretch. The order of finish was not changed.

With its stature, the Travers is a prize every year, but it is especially important this year for Forte and his connections.

“It's a game of ups and downs,” said Mike Repole, who co-owns the colt with St. Elias Stable. “You had the Derby scratch and second in the Belmont. He won the Florida Derby. He won the Jim Dandy. He'll be the favorite in the Travers. And he's the 2-year-old champ. It would be real, real special, especially for him because now he's in the race. The Derby winner is in it. The Preakness winner is going to be in it. So is the Belmont winner. And the 2-year-old champion. Four champs. Real exciting.”

Pletcher said a Travers score would be satisfying in what has been a trying season.

“You're never going to make up for not getting to run in the Kentucky Derby,” he said, “but it would be, I suppose, some sort of consolation prize if we were able to win the Travers against the three classic winners.”

In 1918, the French-bred Sun Briar became the first horse to defeat the Triple Crown winners in the Travers. Sun Briar, a huge success as a 2-year-old, was withdrawn from the Derby entries when his trainer Henry McDaniel thought he was training sluggishly. In his place, owner Willis Sharpe Kilmer ran the gelding, Exterminator, who had been purchased as Sun Briar's work mate. Exterminator won by a length at 29-1.

Four days after the Derby, War Cloud, who was fourth as the favorite, won a division of the Preakness. Johren had skipped the Derby and finished fourth behind War Cloud in the Preakness then won the Belmont, two lengths ahead of War Cloud. Sun Briar was back in form in the summer and ready for the Travers. He battled Harry Payne Whitney's Johren through the stretch and won by a head to establish the Travers theme.

By the time the 1982 Travers was run on Aug. 21, the Triple Crown series had become a high-profile sporting event. Gato Del Sol won the Derby, but went back to California and did not try the Preakness, which was won by a new shooter, Aloma's Ruler. Trainer Eddie Gregson brought Gato Del Sol to the Belmont, where he was second, beaten 14 lengths by Conquistador Cielo, the Met Mile winner the previous Monday. Aloma's Ruler was ninth.

The Saratoga infield was open to spectators for the Travers and the crowd of 41,839–second-largest in track history–saw the Canadian-bred Runaway Groom come from far back to beat Aloma's Ruler by three-quarters of a length. Conquistador Cielo was rank and could not be controlled by jockey Eddie Maple and raced head to head with Aloma's Ruler from the start. Runaway Groom, the winner of two-thirds of Canada's Triple Crown that summer, pounced on the pair in the stretch. He paid $27.80.

The third edition of the Triple Crown showdown in the Travers featured Derby winner Always Dreaming (Bodemeister), Preakness victor Cloud Computing (Maclean's Music) and the Belmont standout Tapwrit (Tapit). Trainer Bob Baffert sent late-developing West Coast (Flatter) in from Del Mar and Mike Smith rode him to a gate-to-wire victory at 6-1. Tapwrit moved toward contention on the second turn, tired and ended up fourth. Cloud Computing finished eighth and Always Dreaming was ninth. West Coast captured the 3-year-old male championship.

Mage went on to Baltimore after the Derby and finished third in the Preakness. Trainer Gustalvo Delgado gave him a break and started preparing him for a summer campaign with the Travers as the target. He returned to competition on July 22 with a second in the GI Haskell S. at Monmouth Park. He shipped to Saratoga two days later and has worked three times over the main track. Assistant trainer Gustalvo Delgado Jr. said the colt was thriving and that the connections feel he will be at his best after having a month to settle in.

“He's liking it a lot,” Delgado Jr. said. “He loves Saratoga.”

Scotland advanced to the Travers from a front-running 3 1/2-length win in the Curlin S. on July 21. He is handled by Hall of Fame trainer Bill Mott, who has won most of the Saratoga stakes at least once, but he has yet to capture the Travers in 11 tries.

Baffert is seeking his fourth Travers win with National Treasure, who has not raced since he was sixth after setting the pace in the Belmont. He will race without blinkers.

After running fourth in the Kentucky Derby in a troubled trip, Disarm won the GIII Matt Winn S. and was fourth in the Jim Dandy. Hall of Fame trainer Steve Asmussen is putting blinkers on Disarm for the first time in a race.

Pletcher ran Forte in blinkers in the Jim Dandy and has made that equipment change for his other Travers horse, Tapit Trice. He galloped the horse with blinkers last week and had them on again for a breeze Saturday morning. Pletcher is hoping the blinkers will get Tapit Trice into a competitive position in the race. He felt that Forte lost focus at times in the Florida Derby and the Belmont, but has liked what he saw in the Jim Dandy and in training. He knows that Forte is game.

“You could see it in, well, almost all of his wins, but particularly in the Florida Derby,” Pletcher said. “He seemed to salvage victory from what looked like a sure defeat coming by me at the eighth pole, to accelerate like you did and make up that much ground on the eventual Derby winner. I was proud of him in the Belmont. He was taking all the worst of it got a bit of a wide trip around the turn, coming off a 10-week layoff and still gaining on the winner at the end. In the Jim Dandy had a lot to do with a sixteenth of a mile to go. He's got that personality that he wants to wants to get there first.”

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Medina Spirit’s Derby DQ Upheld at KHRC Level, Ripening Case for Court Challenge

The Kentucky Horse Racing Commission (KHRC) on Tuesday closed the 27-month regulatory saga involving Medina Spirit's GI Kentucky Derby drug disqualification by unanimously voting to deny appeals by trainer Bob Baffert and owner Zedan Racing Stables while accepting a hearing officer's recommended order that the penalties originally imposed by the Churchill Downs stewards be affirmed in their entirety.

But the legal battle to restore Medina Spirit's win in America's most historic and important horse race appears to be just now ramping up.

That's because now that the KHRC's decision is final at the state administrative level, it is ripe for being elevated to the court system and challenged by the losing parties.

Medina Spirit crossed the wire first in the 2021 Derby but subsequently tested positive for betamethasone in a KHRC post-race drug screening.

The Aug. 22, 2023, final order denying the appeals on behalf of Baffert and Medina Spirit's owner, Amr Zedan, officially elevates Mandaloun as the official winner of the 147th Derby.

Not only does the denial of the appeals uphold Medina Spirit's DQ, it lets stand the 90-day KHRC suspension that Baffert already served in 2022 but wanted expunged from his record. Also upheld was the $7,500 fine the KHRC imposed upon Baffert.

Baffert did not respond to TDN's request for comment prior to deadline for this story.

But the Hall-of-Fame trainer's attorney, W. Craig Robertson III, said he will soon be outlining next-step legal strategies with Baffert.

“It's disappointing that the KHRC engaged in no analysis whatsoever of the Hearing Officer's Findings of Fact or Conclusions of Law,” Robertson wrote in an email. “Neither did the KHRC's Order address any of the many objections we raised to the Hearing Officer's ruling.

“Instead, the KHRC did what it does best–rubber stamped its own foregone conclusion. I will discuss with Mr. Baffert, but believe it is highly likely the matter is appealed so that it can finally be presented to an impartial Court,” Robertson wrote.

Eight days after the 2021 Derby, Baffert first disclosed the betamethasone positive at a press conference outside the barn where Medina Spirit was stabled at Churchill Downs. In doing so, he was getting out in front of the official announcement that would come later by the KHRC.

In Kentucky, betamethasone is classified as a Class C drug (on an A-through-D scale with A being the most severe). It is prohibited in any amount in a post-race test.

At first, on May 9, 2021, Baffert chose to implicate various non-specific circumstances as the underlying culprit in the positive test. Two days later, on May 11, Baffert's legal team issued a press release stating that Medina Spirit was treated with the betamethasone-containing ointment Otomax as late as the day before his Derby win to help deal with a skin lesion.

Baffert and Zedan's lawyers would eventually build more than two years of court cases and administrative appeals around the contention that the betamethasone that showed up in Medina Spirit's post-race positive test was the type that came from a permissible topical ointment and not via some other restricted means, like an intra-articular injection.

The Twitter account for Zedan Racing posted a statement on Tuesday that underscored that this method-of-delivery argument would continue to be a central plank in any future court case.

“Today's decision by the KHRC finding the use of a commonly used topical ointment to be a medication rule violation relating to Kentucky Derby winner Medina Spirit was expected. We now look forward to a court's review and legal analysis of the express rules and basic constitutional principles involved. We genuinely believe that the wisdom and guidance that a court can provide will bring clarity benefitting all industry partners and particularly trainers and veterinarians.”

Although no KHRC ruling was issued in the first nine months after Medina Spirit's positive finding, the gaming corporation Churchill Downs, Inc. (CDI), in June 2021 barred Baffert from competing at its portfolio of tracks for two years.

Medina Spirit died on Dec. 6, 2021, collapsing to the track after working five furlongs at Santa Anita Park. A necropsy conducted by the California Horse Racing Board stated that a “definitive cause of death was not established despite extensive testing.”

In 2022, Baffert initiated a federal lawsuit that challenged CDI's ban. The case dragged into 2023, when it was dismissed.

The KHRC finally held its hearing on Medina Spirit's positive test on Feb. 14, 2022, and issued the rulings against Baffert and Zedan a week later.

When stay requests pending appeals filed with the KHRC were denied, Baffert and Zedan took the matter to court, with the KHRC case unfolding around the same time as Baffert's unsuccessful lawsuit against CDI.

In the spring of 2022 Baffert failed to get an injunction against the KHRC that would have kept him from serving his suspension, so he stepped away from training between early April and early July of that year to sit out his penalty.

The KHRC appeals then led to six days of evidentiary hearings in August 2022. The process got delayed a month later when the hearing officer had to recuse himself after one of Baffert's attorneys bought a horse at auction that the hearing officer co-owned.

A new hearing officer, Eden Stephens, took over, and in May 2023 issued a report that concluded that “the stewards' decision was made on reliable, substantive evidence that the horse, Medina Spirit, was administered and carried the prohibited substance, betamethasone” and that “the KHRC's regulations do not state that any route of administration excuses a post-race betamethasone positive.”

It took nearly three more months before the KHRC's vote on the hearing officer's recommendations made it onto the Aug. 22, 2023, monthly meeting agenda. In the interim, CDI extended its private-property banishment of Baffert through 2024.

On Tuesday, the KHRC did not discuss any specifics of the appeals prior to the unanimous voice vote to reject them. The item was listed last on the meeting agenda, and it occurred after a break for the commission to have discussions in an executive session.

When the KHRC reconvened in open session, chairman Jonathan Rabinowitz asked if any commissioners wanted to “abstain due to conflicts of interest, or perceived conflicts of interest.” Four did: Michael Dudgeon, Lesley Howard, Charles O'Connor and Catherine Parke.

Rabinowitz then called for a vote “approving a final order as stated.” But exactly what the KHRC commissioners were voting on was not read into the public record.

TDN had to subsequently ask for and receive a copy of the order from KHRC staff after the meeting to learn what it stated.

“The Hearing Officer's Recommended Order is approved, adopted, and incorporated herein by reference as a part of this Order,” the five-page document read, in part. “Petitioners' appeal is therefore DISMISSED. This is a FINAL AND APPEALABLE ORDER…”

The document listed the procedures for just such an appeal, which, according to state statue, must happen in a Kentucky circuit court within 30 days after issuance of the final order.

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Gun Runner Colt Breaks Through in Smarty Jones

Il Miracolo (c, 3, Gun RunnerTapit's World, by Tapit), a longshot second in Saratoga's Curlin S. July 21, broke through with a career high in Tuesday's GIII Smarty Jones S. at Parx.

Drawn widest of all in post eight, the 7-2 chance was hustled from his outside draw and raced three wide around the clubhouse turn. He sat a perfect, stalking trip from an outside third, made his move on the far turn, kicked for home as the one to catch, and, despite drifting out badly down the lane,  was never in any serious danger late. It was three lengths back to Cagliostro (Upstart) in second; Daydreaming Boy (Goldencents) was third.

A well-beaten sixth in both the GII Fountain of Youth S. Mar. 4 and GI Curlin Florida Derby Apr. 1, Il Miracolo followed an optional claiming win at Gulfstream Park May 11 with a seventh-place finish in the GI Belmont S. June 10. He finished 3 1/4 lengths behind the GI Travers S.-bound Scotland (Good Magic) in the Curlin.

Pedigree Notes:

Il Miracolo becomes the 14th graded/20th stakes winner for leading young sire Gun Runner. The Gun Runner over Tapit cross is also responsible for GISW Society and GSWs Wicked Halo, Red Route One and Disarm. The winner's dam Tapit's World, a $175,000 purchase by Willow Oaks Farm at the 2015 FTKNOV sale, is also responsible for the 2-year-old colt Mister Cruiser (Catalina Cruiser) and a Vekoma filly of this year. She was bred back to Vekoma for 2024.

Tuesday, Parx
SMARTY JONES S.-GIII, $300,000, Parx Racing, 8-22, 3yo, 1 1/16m, 1:48.59, ft.
1–IL MIRACOLO, 121, c, 3, by Gun Runner
                1st Dam: Tapit's World (GSP, $154,179), by Tapit
                2nd Dam: Higher World, by Peaks and Valleys
                3rd Dam: Sarah's World, by Holy Bull
   1ST BLACK TYPE WIN, 1ST GRADED STAKES WIN. ($75,000 Ylg
'21 KEEJAN; $190,000 RNA Ylg '21 FTKOCT; $70,000 2yo '22
OBSOPN). O-Eduardo Soto; B-Willow Oaks Stable LLC (KY);
T-Antonio Sano; J-Luis Saez. $166,500. Lifetime Record:
13-3-4-0, $311,625. *1/2 to Steinar (Union Rags), SP-Swe,
$152,495. Werk Nick Rating: A+++ *Triple Plus*.
   Click for the eNicks report & 5-cross pedigree.
Click for the free Equineline.com catalogue-style pedigree.
2–Cagliostro, 121, c, 3, Upstart–A Rosefor Isabelle, by Hard
Spun. ($385,000 2yo '22 OBSAPR). O-David Ingordo, Talla
Racing, James Spry, West Point Thoroughbreds and Nice Guys
Stables; B-Lance Colwell & Janice Clark (FL); T-Cherie DeVaux.
$55,500.
3–Daydreaming Boy, 121, c, 3, Goldencents–Denali
Dreamscape, by Corinthian. 1ST GRADED BLACK TYPE.
($15,000 Wlg '20 KEENOV; $31,000 Ylg '21 KEESEP; $15,000
2yo '22 OBSOPN). O-Bran Jam Stable & David Clark; B-Hinkle
Farms (KY); T-Louis C. Linder, Jr. $27,750.
Margins: 3, 1 3/4, 8HF. Odds: 3.80, 3.00, 9.80.
Also Ran: Adero, Ninetyprcentmaddie, Army Times, Victory Way, Movisitor. Scratched: Salute the Stars. Click for the Equibase.com chart and the TJCIS.com PPs. VIDEO, sponsored by FanDuel TV.

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