Baffert Alleges ‘Hypocrisy’ & ‘Backdoor Tactics’ Behind NYRA Ban

Alleging “hypocrisy” and “backdoor” tactics on the part of defendant New York Racing Association (NYRA) to “vindictively target” Bob Baffert, attorneys for the seven-time GI Kentucky Derby winning trainer supplied a federal judge with a 434-page “memo” Wednesday in support of trying to get the court to overturn a NYRA-imposed ban on Baffert.

NYRA's exclusion of Baffert from Saratoga Race Course, Belmont Park and Aqueduct Racetrack was mandated May 17 by the association because of the Hall of Fame trainer's repeated equine medication violations in other jurisdictions.

The voluminous electronic file of the plaintiff's arguments and exhibits was uploaded to United States District Court (Eastern District of New York) July 7, just five days before the case is scheduled to come before the judge next Monday morning.

According to queries from lawyers listed in the case file, attorneys still didn't know late in the day Wednesday if the judge expected them to arrange for live witnesses to testify at Monday's hearing, or if the court proceedings would be conducted solely via attorney arguments (which is what counsel for both parties wrote that they preferred).

“Nowhere in NYRA's Response is there any contention that Baffert has violated any New York statute or racing rule,” the trainer's attorneys wrote in the filing. “In fact, the opposite is true. Over the course of his 46-year training career, including more than 30 years of racing in New York, Baffert has never even been accused of violating a New York rule and he has never faced discipline from either NYRA or the New York State Gaming Commission [NYSGC].

“Despite his distinguished New York racing career, without even a hint of wrongdoing, NYRA believes it has free rein to unilaterally void his constitutionally protected property rights and ban him from all activity in New York without notice and for an indefinite period of time based solely on unproven allegations of a minor infraction (an overage of an allowable medication) in another jurisdiction.”

Wednesday's memo from the plaintiff caps a week-long flurry of back-and-forth legal filings in the case, which was initiated June 14 when Baffert filed a civil complaint against NYRA, alleging that the banishment violates his Fourteenth Amendment constitutional right to due process.

NYRA told the court this week that it opposes Baffert getting any type of injunction that would overrule its ban, which the association imposed in the wake of Baffert's shifting explanations after Medina Spirit (Protonico) tested positive for betamethasone after winning the May 1 Kentucky Derby.

That finding was the fifth drug positive in a Baffert trainee over the last year and his third in a Grade I stakes during that time. Medina Spirit's positive has not yet been adjudicated by the Kentucky Horse Racing Commission, but the gaming corporation Churchill Downs, Inc., has already barred Baffert for a two-year period from its five Thoroughbred tracks.

One new bone of contention that emerged in the July 7 filing is that Baffert's legal team isn't pleased with NYRA's repeated categorization that its ban on Baffert is “temporary” (NYRA did initially tell Baffert via letter that it would reconsider his exclusion once Kentucky based on information revealed during the course of the investigation.)

“One thing is clear: there is nothing 'temporary' about NYRA's suspension,” Baffert's filing stated. “It is now running on 51 days with no end in sight, and with no mention of a hearing through which the suspension would potentially be lifted. And if NYRA's goal was to keep Medina Spirit out of the [GI] Belmont [S.], that mission was accomplished.

“The Belmont was run more than a month ago and NYRA offers no reason for why the 'temporary' suspension should continue indefinitely–other than the debunked notion that it is acting to protect the 'interest of horse racing.' Enough is enough.

“This hypocrisy clearly demonstrates that NYRA's claim it must act against Baffert to protect the 'interest of racing' is totally false–NYRA's own prior actions prove that affording due process to trainers is perfectly consistent with NYRA's mission. It is clear that NYRA's stated need to exclude Baffert immediately 'in the interest of racing' is little more than a pretext to vindictively target him.”

The defendant's attorneys contended last week in an opposing memo that “Given Plaintiff's history of drug-related violations, Medina Spirit's positive test, Plaintiff's contradictory statements, Plaintiff's [then-temporary] suspension from Churchill Downs, and the fact that the Belmont was fast approaching, NYRA took the only sensible action under the circumstances–it temporarily suspended Plaintiff from entering and stabling horses at its Racetracks.”

In response, the plaintiff's filing on July 7 tried to boil down the legal merits of the case as such: “First, Baffert was not afforded any due process before he was summarily suspended by NYRA. He was given no notice of any charges against him and no opportunity to be heard. Instead, he received a letter stating that he was immediately suspended and would not be permitted to race any horses in New York. That letter was issued over 50 days ago and, to date, Baffert has not been afforded a due process hearing. Courts have continually rejected NYRA's efforts to either deny or limit a licensee's right of access to racetracks without pre-deprivation due process of law.”

“Second, NYRA does not have the authority to suspend Baffert trainer's license under New York law. That authority rests exclusively with the NYSGC. As long as Baffert has a valid trainer's license with the Gaming Commission–which he does–NYRA cannot prohibit him from exercising that license at New York's state-owned racetracks. If it believes Baffert has

engaged in conduct that warrants the suspension of his license, it needs to take that matter up with the [NYSGC, which has] been noticeably silent throughout this process because, unlike NYRA, it is following New York racing law and waiting for the administrative process related to Medina Spirit that is currently ongoing in Kentucky to play out before taking any action.

“Neither may NYRA claim under these circumstances that it has some common-law right of exclusion that empowers it to prohibit Baffert from exercising his constitutionally protected right to use his trainer's license. NYRA's suspension of Baffert is 'tantamount' to revoking his license issued by the NYSGC, and NYRA may not do through the backdoor what it is statutorily prohibited from doing through the front,” the filing stated.

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TIP, U.S. Polo Association Announce Winners

The Thoroughbred Incentive Program and United States Polo Association have announced the winners of its awards to recognize Thoroughbreds that have excelled in a career as a polo horse.

High-Goal Horse: Cubana, registered with The Jockey Club as Total Regs (City Zip) and owned by Nic Roldan; Low-Goal Horse: Cajun Colonel (Colonel John) who is owned by Cheryl Arnold and now ridden by her son Daniel; Arena Polo Horse: Wild 2 Me, unnamed with The Jockey Club and owned by Wendy Stover ; Intercollegiate/Interscholastic Horse: Annie, registered with The Jockey Club as Grada a Annie (Honor Grades) and owned by Sherry Sheldon Gibson/Polodeo Ranch LLC.; Lesson Horse: Dolly, registered with The Jockey Club as Little Doll (Civilisation) and owned as Laura Goddard; Women's Polo Horse: Rocket, registered with The Jockey Club as My Mom's Pretty (Quip) and owned by Stephanie Colburn.

As part of T.I.P.'s effort to encourage the retraining of Thoroughbreds for careers playing polo, it will be offering awards at up to 50 USPA tournaments in 2021 and at the National Arena Amateur Cup.

“Our inaugural class of winners of our polo awards demonstrates the success that Thoroughbreds can have as polo horses,” said Kristin Werner, senior counsel of The Jockey Club and coordinator of T.I.P. “When individuals are considering careers for their Thoroughbred beyond the racetrack or breeding shed, we hope they add polo to the long list of potential disciplines in which their horse can excel.”

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Thoroughbred Incentive Program Announcers Winners Of Polo Awards

The Thoroughbred Incentive Program (T.I.P.) and United States Polo Association (USPA) announced today the winners of its awards to recognize Thoroughbreds that have excelled in a career as a polo horse.

  • High-Goal Horse: “Cubana,” registered with The Jockey Club as “Total Regs”
  • Low-Goal Horse: “Cajun Colonel”
  • Arena Polo Horse: “Wild 2 Me” (unnamed with The Jockey Club)
  • Intercollegiate/Interscholastic Horse: “Annie,” registered with The Jockey Club as “Grada a Annie”
  • Lesson Horse: “Dolly,” registered with The Jockey Club as “Little Doll”
  • Women's Polo Horse: “Rocket,” registered with The Jockey Club as “My Mom's Pretty”

Cubana is owned by Nic Roldan. “Cubana is a key player in my string and a bit of a fave in the barn due to her super kind demeanor,” Roldan said. “I played her in spring and fall polo at Grand Champions Polo Club getting her used to the game before her graduating to high goal, where she is now a firm fixture in my string.”

Cajun Colonel is owned by Cheryl Arnold and now ridden by her son Daniel. “Cajun Colonel embodies what amazing athletes Thoroughbreds are and demonstrates how the breed can successfully transition off of the track to becoming winners on the polo field,” Daniel said.

Wild 2 Me is owned by Wendy Stover and was bought as an unraced 2-year-old. “She has excellent bloodlines, and she can play both arena and grass polo with equal prowess,” said Stover. “I can always count on her to give me an awesome chukker.”

Annie is owned by Sherry Sheldon Gibson / Polodeo Ranch LLC. According to Zachary Cobbs, an interscholastic polo player, “Annie is an exceptional multilevel equestrian athlete. She tops the charts with her speed, agility, and her intuition regardless of which level rider she is with. She is the best babysitter for beginning riders while effortlessly transitioning to a skilled polo player.”

Dolly, owned by Laura Goddard, has been used as a lesson horse for nine years. “Dolly continues to be one of our staple beginner horses and has traveled to play USPA arena tournaments, field tournaments, and USPA interscholastic games across three states,” said Goddard. “Dolly's calm temperament, endless patience, and athleticism are a perfect fit for our polo school.”

Rocket is owned by Stephanie Colburn. “Rocket has not only shown that Thoroughbreds can transition into a career as a polo horse, but she has also shown that they can be completely phenomenal as polo horses,” Colburn said. “In my heart, Rocket is the best polo horse; she is brave, courageous, fast, strong, dedicated, and completely in tune with her rider.”

As part of T.I.P.'s effort to encourage the retraining of Thoroughbreds for careers playing polo, it will be offering awards at up to 50 USPA tournaments in 2021 and at the National Arena Amateur Cup.

“Our inaugural class of winners of our polo awards demonstrates the success that Thoroughbreds can have as polo horses,” said Kristin Werner, senior counsel of The Jockey Club and coordinator of T.I.P. “When individuals are considering careers for their Thoroughbred beyond the racetrack or breeding shed, we hope they add polo to the long list of potential disciplines in which their horse can excel.”

“Thoroughbreds are proven talents on the polo field, and we are excited to expand our partnership with T.I.P. to reward these athletes,” said Justin Powers, executive director of the United States Polo Association Polo Development LLC.

Created and announced in October 2011, T.I.P. recognizes and rewards the versatility of the Thoroughbred through sponsorship of Thoroughbred classes and high point awards at sanctioned horse shows, year-end performance awards, a recreational riding program, and non-competition awards. Additional information about T.I.P. is available at tjctip.com and on the T.I.P. Facebook page at facebook.com/tjctip.

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Thoroughbred Incentive Program, U.S. Polo Association To Offer Thoroughbred Polo Awards

The Thoroughbred Incentive Program (T.I.P.) and United States Polo Association® (USPA) announced today that they will recognize Thoroughbreds that are excelling as polo horses through six awards that will be offered annually, starting this year. For a Thoroughbred to be eligible for these awards, it must have a T.I.P. number. There is no charge for a T.I.P. number.

“Polo is just one of many disciplines in which Thoroughbreds can succeed following their racing careers, and T.I.P. is pleased to partner with the USPA to honor the accomplishments of these horses at all levels of polo,” said Kristin Werner, senior counsel of The Jockey Club and coordinator of T.I.P.

Each award winner will receive an award sash and special logo prizes. The categories for each award are:

  • High Goal Horse: for a Thoroughbred that has played in at least one USPA Outdoor Tournament in 2020 and scored more than 16 goals in total.
  • Medium Goal Horse: for a Thoroughbred that has played in at least one USPA Outdoor Tournament in 2020 and scored eight to 16 goals in total.
  • Low Goal Horse: for a Thoroughbred that has played in at least one USPA Outdoor Tournament in 2020 and scored fewer than eight goals in total.
  • Arena Polo Horse: for a Thoroughbred that has played in at least one USPA Arena Tournament in 2020.
  • Lesson Horse: for a Thoroughbred used in a lesson program at a USPA club.
  • Intercollegiate/Interscholastic (I/I) Horse: for a Thoroughbred that has played in an I/I Regional or National Tournament in 2020.

“The USPA is excited to work with the Thoroughbred Incentive Program to highlight the Thoroughbred's long history in the sport of polo,” said Justin Powers, executive director of the United States Polo Association Polo Development LLC.

Applications will open on the T.I.P. and USPA websites on November 1 and close November 30. The winners will be announced in January and selected based on the application and an essay. Applicants will be judged by a committee formed by the USPA and T.I.P.

Created and announced in October 2011, T.I.P. recognizes and rewards the versatility of the Thoroughbred through sponsorship of Thoroughbred classes and high point awards at sanctioned horse shows, year-end performance awards, a recreational riding program, and non-competition awards. Additional information about T.I.P. is available at tjctip.com and on the T.I.P. Facebook page at facebook.com/tjctip.

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