LOUISVILLE, Ky. (WDRB) -- Bob Baffert opened a second front in his battle to restore the 2021 Kentucky Derby victory of Medina Spirit. A day after going to court to seek an injunction to stay a 90-day suspension handed down by Kentucky stewards, his attorneys said Baffert filed a federal lawsuit against Churchill Downs over its decision to suspend him for two years.
The suit is not unexpected. Baffert's attorneys had laid out their issues with Churchill in a draft complaint earlier this year that had been obtained and reported on by The New York Times. The final version, a 56-page complaint filed in the federal court for the Western District of Kentucky in Louisville on Monday, also named CEO William C. Carstanjen, and CDI Board Chair R. Alex Rankin.
Clark Brewster, an attorney for Baffert, said with its suspension of Baffert, which was announced on June 2, 2021, the track made a decision that was premature, that denied Baffert due process and was beyond its authority to make.
“The notion that Churchill Downs, which is not even tasked with regulating horseracing in Kentucky, could unilaterally ban a trainer by an edict coupled in a press release without having the facts or any semblance of due process should arouse outrage in any fair-minded person,” Brewster said. “The facts are clear, and Churchill Downs knows them but refuses to acknowledge them. Churchill Downs knows the post-race test report occurred as a result of the use of a harmless ointment known as Otomax. They know it was prescribed by Medina Spirit’s treating veterinarian and properly and timely reported to the data bank the day it was dispensed. They know no rule was violated, and the ointment could never have enhanced Medina Spirit’s performance. To maintain otherwise is absurd."
Churchill Downs handed down the suspension after a split sample from Medina Spirit's post-Kentucky blood test came back positive for the drug betamethasone, a substance which is banned on race days in Kentucky. It is the same substance for which Gamine, a filly trained by Baffert, was disqualified from the Kentucky Oaks in the fall of 2020 after the delayed running of that race.
It says Baffert's repeated instances of positive drug tests and denials have hurt the sport, and specifically, hurt the Kentucky Derby, the sport's most visible event.
"The lawsuit filed by Bob Baffert is disappointing but certainly not surprising," a statement released by Churchill Downs Inc., said. "His claims are meritless and consistent with his pattern of failed drug tests, denials, excuses and attempts to blame others and identify loopholes in order to avoid taking responsibility for his actions. These actions have harmed the reputations of the Kentucky Derby, Churchill Downs and the entire Thoroughbred racing industry. Churchill Downs will fight this baseless lawsuit and defend our company’s rights. What’s at stake here is the integrity of our races, the safety of horses and the trust of the millions of fans and bettors who join us every year on the first Saturday in May.”
Medina Spirit, under jockey John Velazquez, wins the 2021 Kentucky Derby.
The suit asks the court to halt Churchill Downs suspension of Baffert — which extends to all its properties — and to prohibit future suspensions.
"We look forward to showing the court that this selective and arbitrary ban by Churchill Downs, Mr. Carstanjen, and Mr. Rankin is unlawful and unfair – and to ensuring Bob can get back to the winner’s circle in May,” Brewster said.
Last week, Kentucky stewards disqualified Medina Spirit and elevated Mandaloun to the position of Kentucky Derby winner. That decision also is being appealed by Baffert and his attorneys in court, who have asked for a stay of that until the Kentucky Horse Racing Commission appeals process can play out.
Churchill Downs wasted no time in removing Medina Spirt's name from around the track and replacing it with signs denoting Mandaloun as the 2021 Derby winner.
Churchill Downs employee Todd Herl puts up a sign denoting Mandaloun as the 2021 Kentucky Derby winner in the paddock.
Medina Spirit died in December of an apparent heart attack after a routine workout at Santa Anita Park. A subsequent necropsy found no known cause for the death.
Baffert's suit also claims that Rankin, chairman of Churchill Downs Inc., owns several horses and has business relationships that would stand to benefit if Baffert were not a competitor. It also seeks to explore other financial conflicts which it says make Churchill "an illegitimate authority to impose and enforce Baffert’s suspension."
Baffert said in a statement released by his attorneys that his various suspensions represent the efforts of forces in the sport to keep him from competing.
“This case and the events of the last eight months are about more than just me and my ability to do the work I love," he said. "If powerful forces can block me from competing, they can do this to anyone. This is a fight for the integrity of our great sport, and we have the facts, the law and the truth on our side.”
Related Stories:
- Medina Spirit disqualified from Kentucky Derby, Mandaloun named winner
- Kentucky Derby first-place finisher Medina Spirit collapses, dies on track after workout
- Baffert drafting lawsuit to enter colts in 2022 Kentucky Derby, Churchill Downs vows to fight
- Churchill Downs bans Baffert-trained horses from qualification for Kentucky Derby and Oaks
Copyright 2022 WDRB Media. All Rights Reserved.
