Court denies owner's bid to allow Bob Baffert-trained Muth into the Kentucky Derby

LOUISVILLE, Ky. (WDRB) -- A legal bid to get a Bob Baffert-trained colt into the May 4 Kentucky Derby was rebuffed Thursday. Jefferson Circuit Court judge Mitch Perry denied a request for an injunction that would've allowed Amr Zedan's Baffert-trained Arkansas Derby winner Muth to enter the Derby.

In a 10-page opinion and order, Perry said that injunctive relief was "not warranted" largely because Churchill had been clear in its original two-year suspension at Baffert that the suspension could be extended at its discretion. Baffert was not a party to this suit.

"Churchill Downs never expressly said in any press release, news conference, or court filing that Bob Baffert would be reinstated for the 2024 Kentucky Derby," Perry writes in the opinion. "Read in its full content, the initial June 2021 statement indicates a more 'wait and see' approach to Mr. Baffert's suspension."

Responding to the ruling, Churchill Downs said it appreciated Zedan's "passion for the sport and his desire to see his horses compete on the First Saturday in May," but affirmed that it's rules for entry are non-negotiable.

"We are pleased with the Court’s decision today and believe Mr. Zedan may suffer from a case of 'Derby Fever,' which is known to spread with exposure to horses and is contagious this time of year," the statement reads. "Symptoms can contribute to questionable judgement and in extreme cases can result in litigious behavior. There is no known cure. Nevertheless, we have communicated clearly about the rules of entry, which are the same for everyone and are non-negotiable. Contenders cannot sue their way into the Kentucky Derby."

Zedan had argued that he was irreparably harmed by Churchill's decision to extend Baffert's suspension for the positive drug test of Medina Spirit after the 2021 Kentucky Derby. The colt tested positive for betamethasone, a banned race-day substance, after winning the race, and was subsequently disqualified.

Baffert went on a nation-wide media blitz alleging potential foul play in the process, but has since dropped his appeals of the disqualification. After enforcing a two-year suspension, Churchill extended Baffert's ban from its track over what it termed a continued refusal to take responsibility for the incident.

Perry also said his decision was influenced by the notion of fairness in the sport.

"The court is also deeply concerned about the innocent third parties who will have their horses removed from the Derby field to make room for the Plaintiff's horse should the Court grant injunctive relief," the opinion reads. "These are entities who have done nothing wrong, have followed the rules, and worked hard only to be denied the opportunity to compete at the last moment. There could be nothing more unfair than that."

The opinion also noted that if the door were open to Muth running in the Derby, it could perhaps be opened for other Baffert-trained horses to dislodge colts who had earned their way into the race.

The decision was filed electronically. Baffert was not a party to the lawsuit.

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