Embattled Hall of Fame coach Bob Baffert is gearing up for another fight, this time with Churchill Downs Inc., which has banned coaches from racing at all of its tracks, including including its flagship oval in Louisville, Ky. — where notably the Kentucky Derby hosted by Woodford Reserve (G1). The trainer sued on the grounds that his constitutional rights to due process had been violated.
The lawsuit was filed March 1 in the Western District Court of Kentucky United States against Churchill Downs, Inc. (CDI), CDI CEO William C. Carstanjen, and CDI Board Chairman R. Alex Rankin, asked a federal judge to overturn Baffert’s suspension from the CDI races through 2023.
The stay-at-home suspension is separate from the Kentucky Horse Racing Commission’s 90-day suspension that is slated to go into effect on March 8. Both actions were taken due to post-race and split samples. obtained from Medina Spirit after the 2021 Kentucky Derby tested positive for the corticosteroid betamethasone, a banned drug on race day in Kentucky. As a result, Medina Spirit was disqualified.
CROSBY & ANGST: Churchill Bans Baffert after confirming the split sample
“The view is that Churchill Downs, who was not even tasked with regulating horse racing in Kentucky, could unilaterally ban trainers by an ordinance enclosed in a press release without facts. or any legal process that would arouse resentment in any one-person fair-minded person,” said Baffert’s attorney, Clark O. Brewster of Brewster & De Angelis.
“The facts were clear, and Churchill Downs knew them but refused to admit it. Churchill Downs knew the post-race test report was caused by the use of an innocuous ointment called Otomax. They knew it was regulated. Administered by Medina Spirit Veterinarian and properly and promptly reported to the data bank on the day it was distributed They know no rules have been broken and ointments can never improve performance. of Medina Spirit. To maintain this is absurd,” Brewster said. “And Churchill Downs and Mr Carstanjen know well that imposing a suspension, on the basis of no factual or legal support, would create unlawful credence for a false narrative about Bob, putting pressure on the Kentucky Horse Racing Commission managers to take action against him, too.”
“We look forward to showing the court that this selective and arbitrary ban by Churchill Downs, Mr Carstanjen and Mr Rankin is illegal and unfair – and to ensure Bob can return to his circle of winner in May,” Brewster added.
A statement from Churchill Downs said the lawsuit was disappointing but certainly not surprising.
“His statements are futile and fit the pattern of drug testing failure, denial, excuses and attempts to blame others and identifying loopholes to avoid taking responsibility for his actions. myself,” read the statement. “These actions have damaged the reputation of the Kentucky Derby, Churchill Downs and the entire Thoroughbred racing industry. Churchill Downs will fight this baseless lawsuit and protect the interests of our company. What is at stake here is the integrity of our races, the safety of our horses, and the trust of the millions of fans and bettors who join us every year on a Saturday. the first of May.”
Baffert began an amicable relationship with Churchill Downs when his Gamine champion tested positive for betamethasone after competing at the Longines Kentucky Oaks (G1) 2020. In February of this year, This little girl was disqualified for third place at Oaks and Baffert was fined $1,500.
Also in 2020, Gamine tested positive for lidocaine after winning the May 2 allowable option race at Oaklawn Park and the same day Baffert’s athlete Charlatan, who won an Arkansas Derby (G1) also tested positive for lidocaine. In both cases, Baffert said the positive result was due to contamination. The horses were initially disqualified, but the Arkansas Racing Commission overturned that decision and fined Baffert $5,000 for each foul.
At Del Mar on July 25, Baffert-trained Merneith tested positive for dextrorphan after she finished second in an allowance race. Baffert was fined $2,500.
Then came the 2021 Kentucky Derby and betamethasone tested positive for Medina Spirit.
“CDI has consistently advocated for strict drug regulations so we can confidently ensure that the horses are fit to race and that the races are conducted fairly,” said Carstanjen. Carstanjen said June 2 when CDI announced Baffert to suspend for two years. “Reckless acts and substance violations that endanger the safety of our equestrians and people or compromise the integrity of our sport are unacceptable and As a company, we must take steps to demonstrate that they will not be tolerated Mr. Baffert’s record of test failures threatens public confidence in Pure racing. race and reputation of the Kentucky Derby. Given the repeated setbacks of the past year, including increasingly extraordinary explanations, we firmly believe that asserting the right to apply these measures makes sense. our duties and responsibilities.”
The March 1 lawsuit attacks CDI’s work to suspend Baffert on several fronts:
- Accusing Carstanjen and Rankin of “arbitrary and capriciousness” pointing to Baffert with “unfounded sanctions that violate Baffert’s substantive procedural and procedural rights;”
- Ask the CDI to unlawfully remove a licensed coach when that right is owned solely by the state racing commission;
- The CDI claims violate antitrust laws because of its location nationally through the Road to the Kentucky Derby point system. Due to suspension, “Baffert was unable to participate in thoroughbred team races and training, his horses have decreased in value in the national market, his training services have decreased. value in the national market and he couldn’t compete for purses and prizes at CDI tracks.”
- Claims a conspiracy to restrict trade through “coordinated, anti-competitive conduct” against horses trained by Baffert directly or indirectly with “the intention to destroy the owner/trainer relationship” The destruction of these relationships has the potential to enhance the value of horses owned by Rankin and other directors/officers/dealers at CDI while also reducing or eliminating value. of horses trained by Baffert;”
- Convict CDI of unlawfully possessing monopoly power through possession of the Kentucky Derby and Kentucky Oaks; and,
- Claims that it interfered with Baffert’s contractual relationship with his owners and employees by “robbing him of advantages, economic or otherwise, to which he might have obtained if he can use his Kentucky license to race on CDI tracks.
The lawsuit seeks to overturn the suspension even as Baffert appeals the KHRC’s ruling.
“Neither the public nor CDI are harmed if Baffert is allowed to continue to participate in CDI races while the final decision in the proceedings before the Racing Commission is pending. CDI may do so. alternative precautions, including mandatory requirements, to protect its interests and trademarks Furthermore, CDI has been protecting its interests; points are eligible for any training which coaches are eligible based on compliance with the drug rules in races where those points are at stake,” the lawsuit states.
The lawsuit seeks punitive damages and triple punitive damages, which are allowed by federal law for antitrust violations and will be determined at trial, plus the usually attorney fees.
