Bob Baffert Considering Lawsuit Against Churchill Downs Over Kentucky Derby Ban

A lawyer for Bob Baffert confirmed to Casino.org Mon dark that the Charles Francis Hall of Fame thoroughbred trainer is considering a federal lawsuit against Winston Churchill Downs Inc. The action mechanism is an effort to have his 3-year-olds eligible to running play inwards this year’s KY Derby.

Earlier Monday, The New House of York Times reported Baffert was considering a accommodate against the Louisville-based gaming company, and that John Churchill Downs was considering a countersuit.

Baffert won his record-setting 7th Derby utmost yr with Medina Spirit. However, a week after that win, a dose examine showed levels of betamethasone in his system that were supra land regulations. Betamethasone is an anti-inflammatory drug medication. After initially denying Medina Spirit ever received the drug, he would lay claim later that a vet prescribed the expend of an balm with the substance to care for a rash.

Churchill Downs has suspended Baffert from all of its tracks across the state for deuce years as a resultant of the failed test. As section of that suspension, none of his horses would live eligible to course inward the Derby or garner points from placing inwards any qualifying races during that time.

But the dose mental test is under an appeal, and that case with the KY Horse Racing Commission (KHRC) has been tied upward in homage as well. Last month, another lawyer for Baffert said further testing on the sample showed that the type of betamethasone inward Medina Spirit’s scheme was the kind used inwards topical ointments. KHRC’s drug withdrawal guidelines ply recommendations on betamethasone injections.

It remains to follow seen whether the charge or a courtyard testament apprize the difference. If the failed do drugs psychometric test stands, Medina Spirit would be disqualified as the Derby winner, and Baffert would human face penalization from the commission.

On Dec. 6, just now years after the drug test statement, Medina Spirit died on the rail at Santa Anita after a preparation session. An investigating into his last is still ongoing.

Draft Lawsuit Shared as Part of Discussions

Clark Brewster, the attorney representing Baffert in the First Duke of Marlborough Downs case, told Casino.org that after the tests came rearward in the KHRC they made a “genuine overture” to Winston Churchill Downs to discuss the matter. That included sending their lawyers a nearly 80-page drawing lawsuit.

After some discussions were held last-place week, Brewster said both sides were localize to see over again Monday afternoon. Then, right hand before that meeting was to start, Brewster said he was notified nearly The Times article.

Per The Times, Baffert seeks a lawcourt prescribe that would set aside his horses to go into Road to the Kentucky Derby races and get points toward qualifying for the May 7 Derby. He also wants the royal court to cube Churchill Downs from barring his horses into races at its Kentucky tracks.

Including its namesake flagship property, John Churchill Downs owns quatern thoroughbred tracks. The others are Turfway Park inwards Florence, Ky., Fair Grounds in New Orleans, and Presque Isle Downs inward Erie, Pa.

They’ve never done this,” Brewster said around Sir Winston Leonard Spenser Churchill Downs. “This is the number one clip ever. Now in the past, they say, ‘Well, we experience the right wing to except people if they’re drunk or they’re a threat or follow on premises and have into a fight.’ Certainly, but this isn’t that at all.”

Brewster also said the portrait of Baffert inwards articles since the Medina Spirit failed try was proclaimed has been unfair. His client has an “amazing” record, he said.

In a calling spanning to a greater extent than iv decades, Baffert’s horses make failed drug tests at to the lowest degree 29 times. However, Brewster said that his client has entered 727 horses inward Bluegrass State over the last 29 years. In that time, Brewster said only single horse – Gamine inwards the 2020 Kentucky Oaks – came rear with a drug try violation.

Gamine was also found to experience an inordinate amount of betamethasone inward her system, which Brewster said came from ii injections 18 days out. State guidelines telephone call for ane shot no more before than 14 years before a race.

The filly was stripped-down of her third-place goal in the 2020 Oaks and Baffert was fined $1,500 after waiving his right to appeal.

Key Derby Preps Start Next Month

Churchill Downs’ banning has already had some implications. Corniche, a colt trained past Baffert, won the American Pharoah Stakes at Santa Anita in October and the Breeders’ Cup Juvenile at Del Mar a month later. Churchill awarded Derby points to upside finishers in those races. But Corniche did non obtain any.

Two other Baffert horses finished world-class and sec inwards the Jan. 1 Sham Stakes at Santa Anita. But Duke of Marlborough Downs did not throw Newgrange 10 points, nor Rockefeller IV points for their finish.

If Corniche received the 30 points for winning his 2 races, he’d follow firmly at the top side of the stream standings. Newgrange would also live nigh the top side of the leaderboard.

However, the major races for Derby making do not begin for more than a month. Starting inward mid-February, races will read position that extend 50 qualifying points for from each one winner. From March 26 to Apr 9, in that location are eight races where the victor gets 100 points.

Earning 50 points typically is enough to qualify for the Derby.

Brewster told Casino.org that he’d kind of not Indian file a suit and hoped that the discussions could resolve the matter. However,

I’ve never seen a situation where a party wouldn’t regular operate in any genial of dialogue, became really intransigent,” Brewster said. “That makes no signified except that you feel the likes of you’re omnipotent or all-powerful inwards some way.”

Churchill Downs was not the only if entity to turn after the Al Madinah Spirit test. The New York Racing Association also banned Baffert. However, the trainer won an enjoinment in federal lawcourt after a judge ruled NYRA denied Baffert due process. NYRA has since scheduled a hearing that testament accept property on Jan. 24

Churchill Downs May Seek to Protect Itself

In a financial statement after The Times published its article, Churchill Downs Inc. said it was “committed to protecting the integrity and future” of the summercater for all who participate. That includes the horses, fans, and bettors.

“No ace is supra the rules, including Mr. Baffert, and we remain spirit on holding him accountable for his actions,” the companionship said.

Churchill Downs Inc. CEO Bill Carstanjen told The Times the potentiality cause is a page from Baffert’s “well-worn playbook of obfuscating the facts, inventing excuses to explain electropositive drug tests, and attempting to pick others to avoid responsibility.”

Carstanjen added that First Duke of Marlborough is considering its own causa inwards response.

“We are considering any and all legal options available to us to exercise set the tape square and ensure Mr. Baffert is held accountable for all the reputational impairment he has caused us,” Carstanjen said. “The irony is non lost on us that despite all of his violations, he is the ace threatening to single file lawsuits claiming to live aggrieved.”

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