Baffert loses bid for injunction allowing him to run horses in 2023 Kentucky Derby
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A federal judge Friday denied Hall of Fame trainer Bob Baffert an injunction that would have allowed him to run horses in the 2023 Kentucky Derby.
U.S. District Judge Rebecca Grady Jennings declined to lift Baffert’s suspension that was imposed by Churchill Down following the disqualification of 2021 Kentucky Derby winner Medina Spirit for a drug violation.
The company suspended Baffert for two years in June 2021, citing its duties to ensure horseraces are conducted fairly and safely and protect the reputation of the sport and Churchill Downs Inc.
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Jennings noted Baffert is the only trainer whose horses have tested positive in back-to-back marquee races on Churchill Downs’ tracks.
“Failing to punish trainers whose horses test positive in marquee races could harm CDI’s reputation and the integrity of their races,” she said.
Baffert’s attorney, Clark Brewster, did not immediately respond to a request for comment on whether he will appeal and if he could do so before the Kentucky Oaks and Derby.
Baffert sought a preliminary injunction, saying he could be irreparably harmed if his suspension is not lifted.
Jennings only allowed one claim to go forward, that Churchill Downs allegedly violated Baffert's civil rights, but she said he's unlikely to prevail on that allegation.
In a motion, Baffert’s lawyers said he has disproved Churchill Down’s assertion that he is a “dangerous cheater who dopes horses to gain a competitive edge.”
But Churchill Downs accused him of trying to “litigate his way” into the Derby.
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After initially denying responsibility for the betamethasone, a drug considered a possible performance enhancer that is illegal on race day, found in Medina Spirit — “It didn't come from us,” he said — Baffert eventually admitted the steroid was an ingredient in an antifungal topical ointment used to treat the horse. Another horse he trained, Gamine, also was disqualified from the 2021 Oaks after she testified positive for the same substance.
The company also claims Baffert has not suffered “irreparable harm” — a requirement to get a preliminary injunction. It says since his Churchill suspension began, he has run horses in hundreds of races around the world and earned millions of dollars in purse money, including $9.7 million last year.
In a statement Friday evening, Churchill Downs called the ruling "a victory for the integrity of horseracing."
"Churchill Downs is pleased that the Court denied Mr. Baffert’s demand for a preliminary injunction and granted our motion to dismiss on all but one claim, and on that claim the Court held that Mr. Baffert did not establish a likelihood of success on the merits," the statement said. "... We will continue to take action to protect the safety of our human and equine athletes."
This article originally appeared on Louisville Courier Journal: Will Bob Baffert run in 2023 Kentucky Derby?
