Ruling in favor of Muth would create a 'Media Circus' that 'endangers the health of horses'
Via TD Thornton
Churchill Downs Inc., (CDI) cited a horse health argument Monday in an effort to ask the Kentucky Court of Appeals not to overturn the expulsion of trainer Bob Baffert that thoroughbred owner Amr Zedan trying to reverse to his 'TDN Rising Star' Muth (Good magic) can qualify for the GI Kentucky Derby.
“This case has attracted intense media attention,” CDI stated in one of two April 22 court filings seeking to prevent Zedan's merged horse racing team from continuing to appeal the claim. seek emergency relief and a temporary restraining order. “A court order forcing CDI to keep Muth on their property for a week, with a suspended trainer in tow, will create a media circus and will be a major distraction for Churchill Downs , the company's employees as well as other owners and trainers made quite a bit of money. a Derby berth (aside from being a blatant violation of CDI's property rights).
“It is hardly a fair outcome – and it is one that endangers the health of the horses kept at the track, who have earned the right to be there by regulation,” CDI alleged. decided”.
“This court should deny all of Zedan's requests for relief,” CDI concluded.
On April 18, one The lower court in Kentucky denied an offering by Zedan Racing Stables, Inc. aimed to help Muth qualify for the Derby by forcing the CDI to lift the ban on Baffert.
CDI banned Baffert from its properties shortly after the 2021 Derby, which Baffert-owned Medina Spirit, now disqualified, won after testing positive for betamethasone.
Baffert's ban initially only lasted for two Derbies matches. But in July 2023, CDI extended the penalty until 2024.
Baffert is not a party to Zedan's lawsuit. The Hall-of-Fame coach lost a similar lawsuit in federal court in 2023 that sought to end the CDI ban.
Last Friday, a day after the lower court refused to grant an order in favor of Muth, Zedan asked the appellate court to consider, “At a minimum, a partial ban [enabling] Muth will be stabled under Derby rules at Churchill Downs Racetrack by 11 a.m. Eastern time on Saturday, April 27.”
Zedan reasoned that, “Such an approach would properly protect the rights and interests at stake and enable the upcoming Derby to take place as normal, with all horses qualified to race and horses the best will win.”
CDI's filing Monday told the Kentucky Court of Appeals that, “Zedan's lawsuit amounts to asking the court to disqualify the teams that earned a spot in March Madness on the eve of the tournament and replace they equal the teams that did not qualify. according to current regulations on professional qualifications.”
CDI's filing on Monday offered its perspective on what happened in the lower court last week: “The circuit court did not abuse its discretion in denying the attempt at the minute Zedan's end to litigate their way into the Derby and replace up to three horses that have earned their berths under rules that have been in place for months.”
Taking a different stance, CDI argued, “Like all private entities, CDI has the right to determine who may participate in events organized and hosted by CDI on its private property. Such right is asserted by the general laws and regulations of Kentucky as promulgated by the Kentucky Horse Racing Commission.
“Nothing in the law gives Zedan the right to challenge the basis of CDI's decision to extend Baffert's suspension,” CDI continued. “The Jefferson Circuit correctly dismissed Zedan's 11th-hour effort to litigate the Kentucky Derby. According to the Circuit Court’s ruling, Zedan failed to make any of the three requests for a temporary restraining order.”
Zedan's April 19 filing did not. “Without purporting to find any substantive justification for CDI's injunction, the Jefferson Circuit Court dismissed [the] request urgent measures,” it stated.
Zedan's filing from last Friday further alleges that CDI “excluded a horse based on the trainer's public 'telling' rather than actual qualifications, compliance and performance.”
There was one thing that Zedan and CDI agreed on Monday: That with five days until the Derby registration deadline and 12 days until the race, both sides said they were willing to do whatever it took. What can be done to expedite the process and obtain an answer from the appellate court as quickly as possible?
To that end, CDI earlier on Monday agreed to expedite the filing of the above mentioned legal responses. The gaming corporation could have waited until the court-ordered deadline of Wednesday, April 24.
Zedan's legal team also said it is willing and able to act quickly to facilitate a speedy court order.
“To further assist the Court in moving toward a prompt, informed resolution of this emergency appeal, Zedan's counsel will be available for oral argument at any time and through any means. which means the Court may deem useful and appropriate,” Zedan's April 22 law filing stated.
“Zedan and its attorneys greatly appreciate the prompt attention of this Court and will continue to work with Churchill Downs on an appropriate, amicable process even as important disputes remain between parties regarding the content,” the filing states.
