Via TD Thornton
The GI Kentucky Derby winners’ connections were recently disqualified, Medina Spirit (Protonico) took to a Kentucky court on Monday to try to keep their equine drug-positive conviction from being enforced. while their case is appealed at the commission level.
Coach Bob Baffert, who was facing a 90-day suspension and $7,500 fine for using betamethasone by Medina Spirit, has now passed away during the 2021 Derby. Owner Amr Zedan has been ordered by KHRC to strip the money. won a bet in his wallet. But Medina Spirit’s DQ from America’s most important horse race will affect both men beyond those penalties, their February 28 court filing argued.
“If I am suspended, I will not be allowed to import horses to race anywhere in the United States,” Baffert said in an affidavit accompanying the revised civil complaint and asked for a temporary order against judgments of the KHRC. “This is because any suspensions imposed by Kentucky will be recognized through reciprocal agreements between each state’s racing jurisdictions. Certain races take place only once a year and are limited to horses of a particular age. Every day I get thwarted in races is a day I lose an opportunity that I can never get back, and for that I will be harmed. ”
Baffert’s suspension of KHRC was expected to last from March 8 to June 5. He appealed the February 21 ruling. But on February 25, KHRC denied him a stay. against the enforcement of penalties. Such stays are common practice – but not required – at most state racing commissions unless the offense is deemed too serious or if the punter is deemed dangerous. .
Furthermore, any suspension could hurt my business for a much longer period of time than the suspension itself, Baffert stated. “The suspension will cause the horses currently in my care – worth tens of millions of dollars – to be transferred to other trainers as their owners cannot allow those horses to be excluded from participation. lucrative races. This would effectively put me out of business in all states. ”
Monday’s filing by Baffert and Zedan partially revised their first June 7, 2021 complaint in Franklin County Court, which initially sought an injunction to prevent KHRC from allegedly violating its rights. according to their proceedings. The new February 28th edition calls for four forms of legal relief:
“1) To this Court Order authorizing Plaintiff to appeal under KRS 230.320(2)(f) and uphold Management Decisions 21-0009 and 21-0010 pending their appeal; 2) With respect to this Court Order granting Plaintiff an order under Civil Rule 65.04 upholding Administration Decisions 21-0009 and 21-0010 pending appeal; 3) For their expenses herein expended, including reasonable attorneys’ fees; and 4) Any and all other relief they may be entitled to. “
From the plaintiffs’ perspective, the revised complaint outlines for the judge how the appeals and stay process works.
“Typically, given the original nature of the Governing Code, KHRC remains in effect with any penalties imposed therein until all appeals are exhausted and a final and binding decision is made. This is largely because KHRC recognizes that licensees will incur irreparable damages if they are forced to suffer the consequences of a later annullable award. For example, a coach who was forced to serve suspended days cannot now get those days back if the judgment applying the suspension is later vacated. “
At a later point in the document, it explains, “Without Management’s rule, Zedan would be forced to return funds in his wallet and Baffert would be prevented from pursuing his chosen career and enjoying the fruits of his labor through the performance of his work, the state granting his professional license, further tarnishing his reputation”.
The complaint also raises a new problem: KHRC allegedly exceeded the timeframe of the suspension it was allowed to impose on Baffert because of this type of violation..
“Moreover, even if a suspension is appropriate (which is not), the KHRC rules only provide for a 30-60 day suspension, not 90 days,” the filing states, citing 810. KAR 8: 030, Section 4 (3) (One). “So even under the most favorable conditions for KHRC, the suspension is unlawfully extended.”
As the plaintiffs have said, such a purported illegal suspension would cause a series of irreparable harms to the Hall of Fame operator.
“Owners of Baffert training horses, many of whom are at the pinnacle of the global Thoroughbred racing industry, are now making decisions to preserve their racing ability at multiple races. upcoming, including the Triple Crown. The 90-day suspension will prevent Baffert from participating in the Triple Crown. Any suspension by Baffert that affects his ability to enter races across the country, including the Triple Crown, has a negative impact on those decisions…”
As Baffert stated in his affidavit, “In California, where I live, any suspension that lasts longer than 60 days will require me to clear out my barn and remove all signage. guide. As a result, I will be effectively kicked out of the business.
“Class bets are the elite race and Tier I races are the top tier races in the industry. Classified shares typically offer the largest purses and are intended to showcase the best horses in the industry. All three Triple Crown races are Class I stake races. The 90-day suspension will prevent me from participating in any races in 2022.”
(Note: GI Belmont S., the third leg of the Triple Crown, scheduled for June 11 of this year, is actually outside of Baffert’s KHRC penalty period.)
TDN could not receive comment from KHRC ahead of time for this story. KHRC has in the past reiterated that it does not comment on pending litigation.
