After waging a court battle in New York, coach Bob Baffert’s attorneys were ready to turn their attention to Kentucky.
The New York Times reported January 10 that they had obtained a draft of the complaint in which Baffert threatened to sue Churchill Downs unless it lifts the two-year suspension given to Baffert last year after the Kentucky Derby winner presented by Woodford Reserve (G1), Medina Spirit has failed two post-race drug tests.
Because of that ban, Baffert-trained horses cannot race in or receive qualifying points for the upcoming Kentucky Derby and Longines Kentucky Oaks (G1).
Although the lawsuit has yet to be filed, Bill Carstanjen, CEO of Churchill Downs Inc., told the Times that his company is willing to face Baffert in court and possibly file a lawsuit.
“This threatened lawsuit is yet another tactic from Mr. Baffert’s old book to obfuscate the facts, justify the positive drug test and attempt to blame others to avoid responsibility for their actions. “We are reviewing any and all legal options available to us to file and hold Mr Baffert accountable for all reputational damage he has caused to us. The irony is that we do not lose despite all our violations, he is the one who threatened to file a lawsuit for harm.”
Churchill Downs’ public relations officer also posted a Tweet saying, “CDI is committed to protecting the integrity and future of racing — for the horses, our fans, our partners, the racers. Our team members and the betting public. No one is above the rules, including Mr. Baffert, and we still intend to hold him accountable for his actions.”
In the Times report, Clark Brewster, Baffert’s attorney, said, “The complaint was submitted as a focus of discussion. It is intended to induce honest discussion and avoid litigation. nothing was wrong. The truth was in the corner. It was dismissed and they invited litigation, and that’s where we’re going.”
Given how quickly Baffert reacted to the New York Racing Association’s May 17 temporary suspension of the Hall of Fame coach and filed for a temporary restraining order in federal court a month later, It had long been assumed that Baffert would also file a lawsuit against Churchill Downs.
Speculation about the delay in filing against Churchill Downs centered on the lack of a final verdict on the Kentucky Horse Racing Commission on drug tests and whether Medina Spirit should be disqualified and Baffert fined or suspended. or not. That ruling plays a key role in any upcoming court battle.
Although more than eight months have passed since the May 1st Commission Run, the results of the third and final examination of the Medina Spirit post-race sample were only announced on the 3rd of May. 12. Baffert’s attorneys say the test was completed by New York Equine Drug. The Director of the Research and Testing Laboratory, Dr George Maylin, confirmed that the betamethasone found in Medina Spirit’s system came from a cream and not an injection and that the results of the Kentucky Derby will be valid. .
While Baffert was able to secure a July 15 injunction in New York federal court that lifted the NYRA’s suspension, his attorneys will face another challenge in Kentucky. Although Judge Carol Bagley Amon granted Baffert’s request due to a lack of due process — which may well have been the case with Churchill Downs — the NYRA is considered a “state actor” subject to a set of legal criteria. Unlike Churchill Downs, it is owned by Churchill Downs Inc., a private organization.
As a result of Judge Amon’s decision, the NYRA revised its protocols for disciplinary hearings, and Baffert is scheduled to have a hearing on January 24 that could open the door for the NYRA to apply. reset the suspension order.
