Kentucky Commission Issues Medication Suspensions To Greg Foley, Phil Bauer

Trainers Greg Foley and Phil Bauer have each been issued suspensions by the Kentucky Horse Racing Commission, according to rulings posted to the Commission's website late last week.

Foley's trainee On Your Mark, winner of the eighth race at Ellis Park on Aug. 1, has been disqualified due to the presence of a metabolite of the sedative Acepromazine, a Class B medication violation. Foley has been fined $500 and issued a 15-day suspension, with 15 additional days stayed pending no additional violations (Class A or B) over the next 365 days.

Foley's suspension will run from Dec. 5 through Dec. 19, inclusive.

Bauer's trainees Angkor (third in Churchill's eighth race on June 18) and Played Hard (winner of Churchill's seventh race on June 20) were both found to have meloxicam in their post-race samples. Meloxicam is a non-steroidal anti-inflammatory classified as a Class B medication violation. Both Angkor and Played Hard have been disqualified, with Bauer fined $500 and suspended 30 days for each positive.

Since Bauer could not be notified of the first positive before the second occurred, his suspensions will run concurrently on Dec. 5, 2021 through Jan. 3, 2022.

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Gulfstream Park Suspends Five Trainers for Clenbuterol Violations

As a result of standard out-of-competition testing, Gulfstream Park has taken immediate action to suspend five trainers that have been found to be in violation of the racetrack's clenbuterol restrictions.

The five suspended trainers are Georgina Baxter, Gilberto Zerpa, Peter Walder, Rohan Crichton and Daniel Pita, according to published reports.

Gulfstream Park enacted the restriction on clenbuterol as a house rule at the beginning of the 2019/2020 Championship Meet to further address and implement improved safety, transparency and accountability standards.

A total of 10 barns at Gulfstream Park were randomly tested. Five trainers returned clean samples while the five trainers who have been suspended returned a total of 12 positives. Both hair and blood samples were taken.

“As we have said before, individuals who do not embrace the rules and safety measures that put horse and rider safety above all else will have no place at any 1/ST racetrack,” said Aidan Butler, Chief Operating Officer, 1/ST RACING. “At 1/ST we are committed to achieving the highest standard of horse care and safety. We expect that the stakeholders who race and train at our facilities share in that commitment.”

The suspended trainers entered horses have been scratched and they will not be permitted to enter any horse they train for any race at 1/ST RACING venues until the completion of the suspension. To return to racing, they must also submit to follow up testing and have clean blood and urine samples. The 12 affected horses will be permitted to train as a part of their daily care and exercise routines.

The suspensions range from 10 to 40 days depending on the number of violations that a trainer has received and are effective as of October 1. Each trainer has been handed a $1000 fine per violation which will go directly to support Thoroughbred aftercare initiatives.

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NYRA Urges Courts To Deny Linda Rice’s Stay On Three-Year Ban

The New York Racing Association has filed a “friend of the court” amicus brief asking New York State Supreme Court Justice Mark L. Powers to deny trainer Linda Rice a temporary injunction which would allow her to keep training while she appeals the three-year ban handed down by the New York State Gaming Commission earlier this year, reports the Daily Racing Form.

Rice was granted a preliminary injunction shortly after the license suspension, but is now seeking an injunction that would allow her to continue to train throughout the appeals process.

NYRA argued that it has “a unique and vital interest in ensuring the fairness and integrity of Thoroughbred racing” and that Rice should not be allowed to continue training in order “to protect its investment, brand, and reputation so that patrons have confidence that the sport of horse racing is conducted in an honest, fair, and safe manner.”

Rice is accused of receiving information from the racing office about which horses were entered in which races prior to the official close of entries. The alleged information exchange took place over a period of 2011 and 2014, and the commission first brought a complaint against Rice in 2019. A series of hearing dates took place in late 2020, during which the commission and Rice's attorney presented information to a hearing officer along with numerous volumes of data and interview transcripts.

Read more at the Daily Racing Form.

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New York Commission: ‘Magnitude Of Impropriety’ Stands Against Preliminary Injunction For Rice

The New York State Gaming Commission, represented by the office of New York State Attorney General Letitia James, has filed a memorandum of law with the Schenectady County Supreme Court regarding trainer Linda Rice's legal appeal of her three-year suspension.

According to the Thoroughbred Daily News, the July 2 filing argues that “Ms. Rice is not entitled to a preliminary injunction staying enforcement of the commission's determination. Ms. Rice is not likely to succeed on the merits of any of her claims, and the equities weigh in favor of the commission. Accordingly, the motion for a preliminary injunction should be denied.”

Rice had seen her license revoked officially on June 7, two weeks after the NYSGC voted to uphold a hearing officer's recommendation that Rice's license be revoked with the condition she could not reapply for licensure for at least three years. She had also been ordered to pay a fine of $50,000 and was to be denied all access to New York gaming commission-sanctioned properties.

The County of Schenectady Supreme Court granted a temporary restraining order two days after the New York State Gaming Commission issued the order to revoke her training license, allowing Rice to resume training in New York until her legal appeal is played out in the court system.

Rice is accused of receiving information from the racing office about which horses were entered in which races prior to the official close of entries. The alleged information exchange took place over a period of 2011 and 2014, and the commission first brought a complaint against Rice in 2019. A series of hearing dates took place in late 2020, during which the commission and Rice's attorney presented information to a hearing officer along with numerous volumes of data and interview transcripts.

The July 2 filing states:

“Ms. Rice moves for a preliminary injunction staying enforcement of the commission's penalty for her misconduct. The motion for a preliminary injunction must be denied because Ms. Rice has not shown a likelihood of success on the merits or that the equities weigh in favor of preliminary injunctive relief…

“Because Ms. Rice failed to show a likelihood of success on the merits, the Court need not address the remaining elements. Nevertheless, Ms. Rice also failed to demonstrate that the equities weigh in her favor. Rather, the equities weigh against the granting of a preliminary injunction because of the magnitude of impropriety at issue.”

Read more at the Thoroughbred Daily News.

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