Via TD Thornton
Responding to a legal filing in which Churchill Downs, Inc. (CDI), alleging that the lifting of Bob Baffert’s ban from the GI Kentucky Derby by court order would harm the connections among other qualifying point earners, who would “lose a good deal of their Derby gains to make way for Baffert,” the Hall-of-Fame coach’s legal team hit back with a statement. The written response on Friday stated that the CDI “appears to have misunderstood its own rules, regarding the eligibility system.
“CDI argued that an injunction would force CDI to ‘re-allocate’ the points and ‘deprive’ owners of their existing ‘berths’,” Baffert filed Jan. United States (Western District of Kentucky) said. “The CDI rules emptied the number of points earned from horses trained by Baffert; it doesn’t redistribute them.”
The CDI, in its January 17 filing calling on a federal judge not to issue an order to lift the ban in time for the May 6 Derby, raised the issue of Derby scores as an example of attempted misconduct. intention to cause harm to others.
The CDI filing alleged that an injunction and possible reallocation of points would “retroactively” disqualify “innocent third parties who have complied with the rules.”
Baffert’s filing outraged that view, saying, “an order here only requires CDI to recognize existing performance and allow owners to earn qualifying points under Baffert (but not with Baffert). other coaches), it won’t take away from others.”
Baffert’s filing then states, “The CDI does not address how the existing rules that apply to all coaches are not sufficient to protect its qualifying structure, as the condition get points for complying with the drug rules of that race.
“Additionally, the CDI’s decision was merely to forfeit the points awarded to a horse that failed to pass a drug test in a Derby qualifying race rather than deny the horse’s entry or the trainer. that trainer. business and reputation when there was a drug violation related to the Kentucky Derby,” Baffert’s filing continued.
The disagreement over the Derby qualifying points is only a small part of a much broader, more complex lawsuit.
Baffert is trying to reverse the second year of a two-year ban the CDI imposed in 2021 due to a series of drug positives in the horses he trains, including two in the most prominent races. of CDI, the 2020 GI Kentucky Oaks and the 2021 Derby.
Baffert’s cadets crossed the finish line first with a record seven in the Derby.
But it was the winner of that Saturday’s Derby – Medina Spirit – that caused Baffert to be expelled from the CDI when the foal tested positive for betamethasone, a class C drug, during a post-Derby test in 2021.
CDI told Baffert in June 2021 that he would not be eligible to race at six US tracks until after the 2023 Derby and any horse racing under his training license would are not eligible to accumulate qualifying points to participate in the 2022 or 2023 Derby matches.
Baffert originally sued CDI on February 28, 2022, alleging a civil rights violation related to what Baffert said was a deprivation of his rights to legal process guaranteed under the Fourteenth Amendment.
Separately, Baffert unsuccessfully fought in court to try to stop Medina Spirit’s 90-day suspended sentence for excessive drug use that was imposed on him by the Kentucky Horse Racing Commission (KHRC) in February. 2022. As a result, he had to transfer his stables to other trainers and was not allowed to ride any horses in the 2022 Derby while serving his suspension.
And although KHRC’s suspension was taken, Baffert is appealing that ruling in an attempt to remove the violation from his record and reverse Medina Spirit’s disqualification.
Baffert extend his court duties to run in the 2023 Derby on December 15, 2022, asking for a ban that would “make no difference” to CDI.
The two sides have exchanged court documents over the past week in preparation for a preliminary hearing on February 2.
The CDI January 17 filing stated that, “Baffert refuses to accept responsibility for his wrongdoing. [and now]as the two-year anniversary of his CDI suspension approaches, Baffert has renewed his offer in a brazen attempt to litigate him for the 2023 Kentucky Derby. This belated, tactical and futile will suffer the same fate as his earlier unsuccessful attempts to challenge his suspension.”
Baffert’s legal filings from January 20 state that the CDI’s written response “addresses statements and inferences that bear little or no resemblance to Baffert’s arguments. In selected cases, CDI attempts to address Baffert’s assertions directly, turning its attention to cases where it doesn’t fit. Baffert’s arguments are valid in their own right, and CDI’s attempts to steer this Court off course will fail.”
